City Council Meeting: 10/27/98

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 27, 1998

A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:25 p.m., on Tuesday, October 27, 1998, in the Council Chambers.

Roll Call:

Present:
Mayor Robert T. Holbrook
Mayor Pro Tem Pam O'Connor
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Paul Rosenstein
Councilmember Ruth Ebner

Also Present:
City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart

CLOSED SESSIONS: At 6:25 p.m., Council adjourned to consider the following:

16-A: Conference with Legal Counsel - Existing Litigation: Kamal v. City of Santa Monica, Case No. CV 95-1025.

ACTION: No reportable action taken.

16-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. BC 184061.

ACTION: No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Chianian v. City of Santa Monica, Case No. SC 046 191.

ACTION: No reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: Bret Carr v. Santa Monica Police Department, City of Santa Monica, et al., Case No. CV 97-8765 (HLH)

ACTION: No reportable action taken.

16-E: Conference with Legal Counsel - Existing Litigation: Santa Monica Street Performers Group v. City of Santa Monica, Case No. CV 98-7473 LGB.

ACTION: No reportable action taken.

16-F: Conference with Legal Counsel - Anticipated Litigation:

Number of cases: Two

ACTION: No reportable action taken.

RECONVENE/PLEDGE On order of the Mayor, the City Council reconvened at 7:14 p.m., with all members present except Councilmember Ebner. Councilmember Rosenstein led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

SPECIAL AGENDA ITEMS:

4-A: COMMENDATION TO SANTA MONICA BOBBY SOX SOFTBALL TEAMS: Mayor Holbrook presented a commendation to the Santa Monica Bobby Sox softball teams for representing the Santa Monica community at the 1998 National Tournament of Champions.

4-B: VACANT CITY COUNCIL SEAT: Discussion was held regarding the options and procedure to fill an unscheduled vacant seat on the City Council, as provided for in Section 603 of the City Charter. No formal action was taken.

CONTINUED ITEMS:

5-A: BUILDING & SAFETY COMMISSION APPOINTMENT: Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to continue the appointment until the two-term limit policy is reviewed. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

5-B: HOUSING COMMISSION APPOINTMENT: Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to continue the appointment until the two-term limit policy is reviewed. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.

Member of the public Joey Fullmer addressed items on the Consent Calendar.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Genser, to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: None

Absent: Councilmember Ebner

6-A: APPROVAL OF MINUTES: The minutes of the September 8, 1998, City Council meeting were approved.

6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9329(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. Staff Report

6-C: PURCHASE OF FIRE PUMPER APPARATUS: The purchase of fire pumper apparatus to carry fire hose, ground ladders, and water, was approved from KME Fire Apparatus, in the amount of $308,564.46, for the Fire Department. Staff Report

6-D: PURCHASE OF DIGITAL RECORDING SYSTEM: The amount of $31,891.38 was approved, to purchase, deliver and install a digital recording system from Dictaphone, Inc., for 24-hour per day recording of all Fire Department emergency telephone and radio communications Staff Report

6-E: PURCHASE OF DIGITAL MICROWAVE EQUIPMENT: Bid No. 2723 was awarded to Telcom Communications, in the amount of $350,497.96, to furnish, deliver and install digital microwave equipment for the Police Department. Staff Report

6-F: APPROVAL OF FINAL TRACT MAP NO. 52300 - 924 5TH STREET: Resolution No. 9330(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 52300 AT 924 5TH STREET," was adopted, thereby approving a 10-unit Tenant-Participating Conversation Project. Staff Report

6-G: FINAL TRACT MAP NO. 52412 AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 844 17TH STREET: Resolution No. 9331(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 52412 TO SUBDIVIDE A PROPERTY AT 844 SEVENTEENTH STREET," was adopted, and Contract No. 7398(CCS) for a subdivision improvement agreement was approved. Staff Report

6-H: CASH MANAGEMENT SOFTWARE SYSTEM FOR CITY'S INVESTMENT PORTFOLIO: Contract No. 7399(CCS) was approved with SymPro, in the amount of $49,887.50 for fiscal year 1998-99, for the purchase of cash management software, including installation, set-up, training, and annual maintenance for the Finance Department. Staff Report

6-I: CONSTRUCTION MANAGEMENT / INSPECTION SERVICES / DESIGN AND CONSTRUCTION OF THE APPIAN WAY PROJECT: Contract No. 7400(CCS) was awarded to Montgomery Watson Americas, Inc., in the amount of $2,357,070, for construction of the Appian Way project; and Contract No. 7401(CCS) was approved with Black and Veatch, Inc., in the amount of $388,000, for construction management and inspection services of the project. Staff Report

6-J: REPAIR AND WATERPROOFING OF KEN EDWARDS CENTER ROOF AND DECKS: Contract No. 7402(CCS) was approved with Kitson Specialty Contracting Company, in the amount of $220,015, for repairing and waterproofing the several roofs and decks at the Ken Edwards Center at 1527 4th Street. Staff Report

6-K: ADDITIONAL WORK ON CAROUSEL BUILDING ROOF AT THE SANTA MONICA PIER: The amendment to Contract No. 6767(CCS) with Letner Roofing, Inc., was approved in the amount of $28,672, for additional work required on the Carousel Building Roof. Staff Report

6-L: CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES / REPAIRS OF EARTHQUAKE DAMAGED SEWER MAINS: Contract No. 7403(CCS) was approved with Preussag Pipe Rehabilitation, Inc., in the amount of $3,018,122, for the repair of sewer mains in various streets; and Contract No. 7404(CCS) was approved with Harris & Associates, Inc., in the amount of $373,870, to provide management and inspection services. Staff Report

ADMINISTRATIVE PROCEEDINGS:

Councilmember Ebner arrived at 8:50 p.m.

7-A: APPEAL OF CONDITIONAL USE PERMIT 98-003 FOR ON-SALE GENERAL, CONTROLLED ACCESS, AND PORTABLE BAR ALCOHOL LICENSES FOR HOTEL AT 1746 OCEAN AVENUE (LE MERAGOT HOTEL): Presented was the staff report recommending denial of appeal 98-007 of Planning Commission approval of conditional use permit to allow issuance of a Type-47 (on-sale general), Type-66 (controlled access), and Type-68 (portable bar) alcohol licenses to be used in conjunction with the operation of a previously approved hotel at 1746 Ocean Avenue, and upholding the Planning Commission's approval of the conditional use permit with the findings and conditions outlined in the report. Staff Report

On order of the Mayor, the public hearing was opened.

Appellants Jerry Bass and Stephanie Barbanell spoke in support of the appeal and in opposition to the Planning Commission approval.

Kevin Kozal, representing the applicant, spoke in opposition to the appeal and in support of the project. Member of the public Joey Fullmer expressed her concerns.

The following members of the public spoke in support of the appeal: Janel Jones, DeVan Alo, Joyce Syme, and Ellen Brennan. Member of the public Daniel Ehrler spoke in opposition to the appeal.

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to hear late speakers for one minute each. The motion was unanimously approved by voice vote.

The following members of the public spoke in support of the appeal: John Krause and Greg Cole. There being no further speakers, the Mayor closed the public hearing.

Kevin Kozal, representing the applicant and appellants Jerry Bass and Stephanie Barbanell presented a rebuttal.

RECESS On order of the Mayor, the City Council recessed at 9:37 p.m., and reconvened at 10:10 p.m., with all members present, except Councilmember Ebner.

APPEAL OF CUP 98-003 (RESUMED)

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to deny the appeal and include the following conditions to CUP No. 98-003: 1) sales of alcohol at the pool will cease at 9:00 p.m.; 2) the hotel be required to provide, in accordance with a parking plan approved by the City, 20 spaces for resident parking at rates equal to the amount that would be paid on the meters on spaces which may be lost; and 3) that the application be amended to include the condition regarding staff participation in a neighborhood-wide safety program with the other hotels and institutions in the area.

Motion by Councilmember Feinstein, accepted as friendly, to amend the motion by removing the word "outdoor" from Condition No. 20 so that it reads: "No music shall be permitted which can be heard by surrounding residential neighbors."

The motion, as amended, failed by the following vote:

Ayes: Councilmembers Feinstein, Genser, Mayor Pro Tem O'Connor

Noes: Councilmember Rosenstein, Mayor Holbrook

Absent: Councilmember Ebner

Councilmember Genser requested that the record reflect that he is very disappointed that there were not four votes to at least try to address the legitimate concerns of the neighbors.

Motion by Councilmember Rosenstein, seconded by Mayor Holbrook, to deny the appeal and approve the Planning Commission recommendation, amended to remove the word "outdoor" from Condition No. 20 so that it reads: "No music shall be permitted which can be heard by surrounding residential neighbors;" and incorporating the language provided by the hotel indicating its willingness to participate in a neighborhood security program with other hotels.

Motion by Mayor Pro Tem O'Connor, died for lack of a second, to amend the motion to include a condition that there be no alcohol sales at the pool after 9:00 p.m.

The motion failed by the following vote:

Ayes: Councilmember Rosenstein, Mayor Holbrook

Noes: Councilmembers Genser, Feinstein, Mayor Pro Tem O'Connor

Absent: Councilmember Ebner

By virtue of the above vote and the failure of the motions to pass, the Planning Commission decision stands.

ORDINANCES:

8-A: CALCULATION OF DEVELOPMENT REVIEW PERMIT THRESHOLD: Presented for introduction and first reading was an ordinance to allow reduction of residential square footage in various districts to calculate the Development Review permit threshold, and to modify the zoning ordinance to require deed restriction for projects reducing square footage, and require in-kind replacement of existing on-site parking for new development in the C3-C and BSC districts. Staff Report

On order of the Mayor, the public hearing was opened. Member of the public Brian Hutchings expressed his concerns. There being no further speakers, the public hearing was closed.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTIONS OF THE ZONING ORDINANCE TO ALLOW SQUARE FOOTAGE DEVOTED TO RESIDENTIAL USES IN THE RVC, BCD, BSCD, C2, C3, C3-C, C4, C6, CM, AND CP DISTRICTS TO BE REDUCED BY 50% FOR PURPOSES OF CALCULATING THE DEVELOPMENT REVIEW PERMIT THRESHOLD AND MODIFYING AND ADDING SECTIONS TO THE ZONING ORDINANCE TO REQUIRE THAT PROJECTS WHICH TAKE ADVANTAGE OF THIS SQUARE FOOTAGE REDUCTION BE DEED RESTRICTED TO MAINTAIN THE RESIDENTIAL USE OF THE PROJECT," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmember Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook

Noes: None

Absent: Councilmember Ebner

RESOLUTIONS:

12-A: PREFERENTIAL PARKING ZONES QQ AND RR: Presented was the staff report recommending adoption of a resolution establishing Preferential Parking Zones QQ and RR on Harvard between Wilshire Boulevard and Washington Avenue, and on Pacific Street between Euclid and Eleventh Streets; and approving the negative declarations for each proposed zone. Staff Report

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to continue the meeting past 11:00 p.m. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

The following members of the public spoke in support of the establishment of Preferential Parking Zones QQ and RR: Kathleen Souza, Anthony Corkson, and Christine Setzer.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to approve the negative declarations for each proposed zone; adopt Resolution No. 9332(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PREFERENTIAL PARKING ZONES QQ AND RR," reading by title only and waiving further reading thereof; and direct Finance Department staff to make the budget adjustments outlined in the staff report. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor Pro Tem O'Connor, Mayor Holbrook

Noes: None

Absent: Councilmember Ebner

WRITTEN COMMUNICATIONS:

13-A: PUBLIC HEALTH, SAFETY & WELFARE ISSUES AT SEAVIEW TERRACE AND ENVIRONS: Presented was the request of Stephanie Barbanell and Jerry Bass to address Council regarding public health, safety and welfare issues of Seaview Terrace and environs.

The following members of the public discussed public health, safety and welfare issues at Seaview Terrace and environs: Joyce Syme, Greg Cole, Ellen Brennan, and R. Wright.

Motion by Councilmember Genser, seconded by Councilmember Rosenstein, to, in the short term, ask City staff to encourage the MTA to relocate the bus stop site that was raised as a concern during public comment; report to Council on the use of the meters for some possible resident permit parking; report on security deployment and enhancements; and, in the long term to report on options to physically improve the Appian Way neighborhood as part of the budget planning process. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

13-B: REGULATION OF STREET PERFORMERS: The request of Richard Horner to address Council regarding the recently passed ordinances that relate to the regulation of street performers, artists, and entertainers on the Third Street Promenade and the Santa Monica Pier was withdrawn at the request of Mr. Horner.

13-C: DISABLED AND HUMAN RIGHTS CONCERNS: Pro Se - the Advocate, was not in attendance and did not address Council regarding the disabled and human rights concerns.

Member of the public Brian Hutchings expressed his concerns.

13-D: BAND UNIFORM REPLACEMENT PROGRAM: Presented was the request of Jean Gebman, Vice President of Santa Monica Band Parents Association, to address Council to provide a status report on uniform replacement program for the Band and discuss collaborative efforts to benefit students.

Member of the public Heather Gebman thanked Council for its support and assistance in the purchase of new band uniforms. Member of the public Brian Hutchings expressed his concerns.

On order of the Mayor, the information was received and filed.

COUNCILMEMBER DISCUSSION ITEMS:

14-A: APPOINTMENT TO TWO UNSCHEDULED VACANCIES ON THE COMMISSION ON THE STATUS OF WOMEN: Mayor Holbrook opened the floor to nominations to the Commission on the Status of Women.

Councilmember Feinstein nominated Sandie Richards. Motion by Councilmember Genser, duly seconded, to appoint Sandie Richards by acclamation to a term on the Commission on the Status of Women ending June 30, 2001. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

Mayor Pro Tem O'Connor nominated Patricia Galarza Ramos. There being no other nominations, nominations were closed. On a call for the vote, Patricia Galarza Ramos was unanimously approved by voice vote, Councilmember Ebner absent, to the Commission on the Status of Women, for a term ending June 30, 2001.

14-B: APPOINTMENT TO ONE UNSCHEDULED VACANCY ON THE RECREATION AND PARKS COMMISSION: Motion by Councilmember Feinstein, seconded by Councilmember Genser, to continue the appointment to December 15, 1998. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

14-C: APPOINTMENT TO ONE UNSCHEDULED VACANCY ON THE BAYSIDE DISTRICT CORPORATION: Mayor Holbrook opened the floor to nominations to The Bayside District Corporation.

Councilmember Rosenstein nominated Ruth Elwell. There being no other nominations, nominations were closed. On a call for the vote, Ruth Elwell was unanimously approved by voice vote, Councilmember Ebner absent, to The Bayside District Corporation for a term ending June 30, 1999.

14-D: APPOINTMENT TO ONE UNSCHEDULED VACANCY ON THE AIRPORT COMMISSION: Mayor Holbrook opened the floor to nominations to the Airport Commission.

Councilmember Genser nominated Barbara Brown. There being no other nominations, nominations were closed. On a call for the vote, Barbara Brown was unanimously approved by voice vote, Councilmember Ebner absent, to the Airport Commission for a term ending June 30, 1999.

14-E: APPOINTMENT TO ONE UNSCHEDULED VACANCY ON THE ARCHITECTURAL REVIEW BOARD: Motion by Councilmember Genser, duly seconded, to continue this item to the meeting of November 10, 1998. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

14-F: APPOINTMENT TO ONE UNSCHEDULED VACANCY ON THE SOCIAL SERVICES COMMISSION: Motion by Councilmember Genser, duly seconded, to continue this item to the meeting of December 15, 1998. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

14-G: ACCEPTANCE OF LETTER OF RESIGNATION FROM THE LIBRARY BOARD: Motion by Councilmember Genser, duly seconded, to accept with regrets the letter of resignation from Robert J. Baker from the Library Board and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

14-H: WAIVER OF RENTAL FEES FOR CIVIC AUDITORIUM: Motion by Mayor Holbrook, seconded by Councilmember Genser, to waive rental fees for the Santa Monica Civic Auditorium for the Santa Monica High School Orchestra on December 16, 1998, and for the Santa Monica High School Band on January 13, 1999. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

14-I: CHANGE OF APPOINTMENT TO METROPOLITAN WATER DISTRICT: Presented was the request of Councilmember Genser to discuss changing the current appointment to the Metropolitan Water District from an indefinite term to a four-year term, and to reappoint the incumbent to a four-year term.

Motion by Councilmember Genser, seconded by Councilmember Rosenstein, to establish a term of four years to begin January 1, 1999, and ending December 31, 2002.

Judy Abdo, incumbent appointee to MWD, spoke in support of the proposal.

The motion was unanimously approved by voice vote, Councilmember Ebner absent.

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to appoint Judy Abdo to the Metropolitan Water District for a four-year term beginning January 1, 1999. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

PUBLIC INPUT: Member of the public Brian Hutchings discussed PEN. Member of the public Sandy Tompkins discussed the parking situation on Seaview Terrace. Member of the public Tony Vazquez discussed recent violence in the City and the need to find jobs and activities for youth.

ADJOURNMENT: At 12:15 a.m., the meeting was adjourned to November 10, 1998, at 6:15 p.m., in memory of Cathy Fain, Alice Giroux, and Marvin E. Feinstein.

ATTEST:

Maria M. Stewart,

City Clerk

APPROVED:

Robert T. Holbrook,

Mayor