CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MARCH 7, 2000

An adjourned regular meeting of the Santa Monica City Council was called to order by Mayor Genser 6:20 p.m., on Tuesday, March 7, 2000, at City Council Chambers, 1685 Main Street.

Roll Call:

Present:

Mayor Ken Genser

Mayor Pro Tem Pam O'Connor

Councilmember Richard Bloom

Councilmember Michael Feinstein

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Paul Rosenstein

Also Present:

City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 6:20 p.m., and then adjourned to consider closed sessions. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor the City Council reconvened at 7:16 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

At 7:20 p.m., the City Council recessed to a special joint meeting with the Redevelopment Agency, with all members present

4-B: CC/RA-2: Contracts for construction of a 293 public space and 30 private space parking garage at 1136 4^th Street and amendment to loan agreement between the City and the Agency - recommendation to authorize the City Manager/Executive Director to negotiate and execute sole source Contract No. 7681 (CCS/RAS) with Fourth Street Services Corporation, in the amount of $5,580,775, for construction of a 293 public-spaces, and 30 private-spaces parking garage at 1136 4^th Street; approve an amendment to increase the Reimbursement Agreement No. 7353 (CCS/RAS) between the City and the Agency by $569,848 for construction of the project; authorize the City Manager/Executive Director to negotiate and execute Contract No. 7682 (CCS/RAS) with Construction Manage-ment, Inc., in the amount of $140,000 to monitor construction of the project; approve the budget adjustments as proposed in the report.

On order of the Mayor, the public hearing was opened. Joyce Fullmer expressed various concerns.

Motion by Councilmember Rosenstein, seconded by Councilmember McKeown to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

On order of the Mayor, the special joint meeting was adjourned at 7:38 p.m., and the regular City Council meeting was reconvened.

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

On order of the Mayor, the public hearing was opened. Joey Fullmer expressed various opinions, Chuck Allord spoke in opposition to item 6-D, and Cy Askari spoke in support of items 6-C and 6-D.

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

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

6-A: The minutes of December 7, 1999, City Council meeting, were approved as submitted.

6-B: Earthquake Recovery Resolution - Resolution No. 9490 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Resolution No. 9491 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 25393 TO SUBDIVIDE A PROPERTY AT 1254 24^TH STREET FOR A FOUR-UNIT CONDOMINIUM PROJECT," was adopted.

6-D: Contract and contract amendment for plan review and inspection services for the Building and Safety Division - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7561 (CCS) with EsGil Corporation, in the amount of $200,000, to provide additional plan review services; and, to negotiate and execute Contract No. 7683 (CCS) with JAS Pacific Inc., in the amount of $80,000, to provide inspection services, was approved.

6-E: Contract amendment to oversee installation of restroom roofs, Beacon/Overlook Art Element, and completion of the Beach Improvement Group Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7308 (CCS) with Black and Veatch Corporation, in the amount of $67,802, for construction management services during completion of the project, was approved.

6-F: Purchase order for provision of supervisory and middle-management skills training for Big Blue Bus Department staff - recommendation to authorize a purchase order amendment to Insight Strategies, Inc., in the amount of $41,000, to provide additional work in supervisory and middle management skill training, was approved.

6-G: Request to waive rental fee for use of the Civic Auditorium by the Santa Monica College Symphony's 70^th Anniversary Orchestra Gala and approval to charge admission fee, was approved.

6-H: Construction of FY 1998-99 Water Main Replacement Project at various City locations - recommendation to authorize the City Manager to negotiate and execute Contract 7684 (CCS) with Majich Brothers, Inc., in the amount of $1,322,543, for construction of the water mains; and, authorize the City Manager to negotiate and execute Contract No. 7685 (CCS) with Caltrop Engineering Corporation, in the amount of $144,000, for construction management services for the project, was approved.

6-I: Resolution No. 9492 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING DESTRUCTION OF CERTAIN RECORDS OF THE POLICE DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTION 34090," was adopted.

6-J: Recommendation to authorize the City Manager to execute Employment Agreement No. 7686 (CCS) with Gordon R. Anderson, Assistant City Manager, was approved.

6-K: Resolution No. 9489 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS REQUIRED TO FILE STATEMENTS OF ECONOMIC INTEREST," was adopted.

8-A: Second reading and adoption of Ordinance No. 1965(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE MUNICIPAL CODE TO ESTABLISH EVICTION PROTECTIONS FOR CHILDREN OF DOMESTIC PARTNERS," was presented.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote.

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

8-B: Introduction and adoption of interim emergency Ordinance No. 1966 (CCS), entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING A CONSTRUCTION RATE PROGRAM FOR MULTI-FAMILY DEVELOPMENT IN ALL MULTI-FAMILY RESIDENTIAL DISTRICTS; ESTABLISHING A DESIGN COMPATIBILITY PERMIT; REQUIRING A DESIGN COMPATIBILITY PERMIT FOR THE DEVELOPMENT OF CONDOMINIUMS; AND, DECLARING THE PRESENCE OF AN EMERGENCY;" recommendation to review modifications to the R2 and R3 development standards for projects with State Density Bonus Units and direct staff to prepare a Resolution of Intention to amend the zoning ordinance; review the analysis of AB 438 and direct staff to prepare the 1998-2005 Housing Element Update; adopt Resolution No. 9493 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF ASSEMBLY BILL 1744; and, review updated Affordable Housing Production Program fee analyses and direction to staff to prepare an appropriate fee resolution, was presented.

Motion by Councilmember Rosenstein, seconded by Councilmember Holbrook, to continue this matter for up to six weeks, continue the moratorium, and direct staff to return to Council after there has been an opportunity to hold a public workshop. Motion failed by voice vote with Councilmembers Bloom, Feinstein, McKeown, Mayor Pro Tem O'Connor and Mayor Genser voting in opposition

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to combine this item with item 14-F. The motion was unanimously approved by voice vote, with all members present.

14-F: Request of Councilmember McKeown and Mayor Genser that Council discuss extension of the current multi-family construction moratorium to respond to recent changes in state law and Santa Monica's housing market.

On order of the Mayor, the public hearing was opened for both items 6-B and 14-F. The following members of the public spoke in favor of delaying adoption of the ordinance for more public review: Kathleen Masser, Annette Del Zoppo, Chuck Allord, Kathy Knight, and Bob Loftus.

The following members of the public spoke in favor of adopting the ordinance and offered suggestions: Howard Jacobs and Pam Vavra.

The following members of the public spoke in opposition to the ordinance: Darrell Clark, Tony Stenger, Sheila Wells, Bill Bacher, Mary Joe Stenger, Ellen Brennan, Robin Waner, and Arthur Harris.

The following members of the public spoke in support of continuing with their own development projects: James Jacobson, Louis Magur, and Chris Harding representing JMS Jacobson.

Ken Kutcher suggested various changes to the ordinance; Giles Smith and Peter Tigler spoke against modifications to the R2 and R3 areas; Michael Tarbet spoke in support of in lieu fees for affordable housing; Tim Simmons spoke in support of protection and character of neighborhoods; Doris Sosin spoke in support of affordable housing and parks; David Cole spoke in support of reconsideration of density, height, parking and green space.

On order of the Mayor, the City Council recessed at 9:17 p.m., and reconvened at 9:35 p.m., with all members present.

Motion by Councilmember McKeown, seconded by Mayor Genser, to break and deliberate on the recommendation into sections and begin with the Density Bonus portion. Motion unanimously approved by voice vote, with all members present.

Motion by Councilmember McKeown, seconded by Mayor Genser, to reject recommendation to direct staff to prepare a resolution of intention to amend the R2 and R3 development standards with projects with state density bonus units. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to amend the proposed ordinance Section 2, "Construction rate program" on page 6 to read: "This restriction shall apply for twelve eighteen months after issuance of a building permit, . . ." The motion was approved by the following vote:

AYES: Councilmembers McKeown, Feinstein, Bloom,

Mayor Pro Tem O'Connor, Mayor Genser

NOES: Councilmembers Rosenstein, Holbrook

ABSENT: None

Councilmember Rosenstein stated, for the record, that he voted in opposition because he questions the legality of the action, and questions voting for something for which there has not been adequate discussion in the community.

Councilmember Holbrook stated, for the record, that he voted in opposition because of his concern about exempting multiple-family affordable housing projects from the 18- month construction rate program, and feels these projects should be subject to the same rules that other developers have to follow.

Motion by Mayor Genser, seconded by Councilmember McKeown, to hold first reading and adopt the ordinance as amended, reading by title only and waiving further reading thereof, and including establishment of a design compatibility permit, and requiring the permit for development of condominiums. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSTAIN: Councilmember Rosenstein

ABSENT: None

Councilmember Rosenstein stated, for the record, that he abstained because of the lack of public input, discussion and analyses on these issues.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to continue the meeting past 11:00 p.m. Motion approved by voice vote with Councilmember Rosenstein voting in opposition.

Motion by Mayor Genser, seconded by Councilmember McKeown, to direct staff to return on March 28, 2000, with an ordinance extending the moratorium for a short period of time (to be determined by staff) in order to allow additional time for analyses, community input and discussion on adoption of an interim standard reducing the envelope size in R2 and R3 neighborhoods city-wide, the same as the existing north of Wilshire standards; look at incentives for preservation of existing character-giving structures in the City's residential neighborhoods; incentives for property owners to maintain existing affordable housing; reviewing possible modifications to the demolition ordinance to give additional review time to proposed demolition of character-giving structures; to allow community discussion on the proposed in-lieu fees; and allow staff time to initiate a process of peer-review of feasibility of in-lieu fees for nexus issues; review possible exemptions to the construction rate fee ordinance; and look at the 500 foot radius when there are both a single and a multi-family structure being built. The motion was unanimously approved by voice vote, with all members present.

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to direct staff to prepare the 1998-2005 Housing Element Update. Motion unanimously approved by voice vote, with all members present.

Councilmembers Bloom and Holbrook were excused at 11:14 p.m.

Councilmember Bloom returned at 11:16 p.m.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to adopt a resolution in support of Assembly Bill 1744. Motion approved by voice vote, with Councilmembers Bloom and Holbrook absent.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem O'Connor, to direct staff to prepare an appropriate fee resolution based on Affordable Housing Production Program fee analyses. Motion unanimously approved, with Councilmember Holbrook absent.

Motion by Mayor Genser, seconded by Councilmember Bloom, to direct staff to review the possible exemption to the construction rate fee ordinance for projects that would replace non-conforming commercial buildings on R2 and R3 lots. Motion unanimously approved by voice vote, with Councilmember Holbrook absent.

Councilmember Rosenstein was excused at 11:20 p.m.

8-C: Introduction and adoption of emergency Ordinance No. 1967 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SUSPENDING SECTION 6.36.070 OF THE MUNICIPAL CODE GOVERNING ALLOCATION OF DOWNTOWN VENDING PERMITS AND DECLARING THE PRESENCE OF AN EMERGENCY."

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor to introduce and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown,

Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmembers Rosenstein, Holbrook

14-A: Discussion on the size of the membership on the Pier Restoration Corporation; annual appointments to vacancies on the Pier Restoration Corporation: four terms ending November 14, 2001, and four terms ending November 13, 2002. (Continued from February 22, 2000)

On order of the Mayor, staff directed to work with the Pier Restoration Corporation to modify by-laws to adjust the duration and rotation of terms as proposed by Pier Restoration Corporation.

14-B: Appointment to one unscheduled vacancy on the Commission on Older Americans for a term ending June 30, 2000. (Continued from February 22, 2000.)

On order of the Mayor, this matter was continued to March 28, 2000.

14-C: Request of Councilmember Bloom to adopt a resolution in support of the Million Mom March Across America, to be held May 14, 2000, dedicated to the mission of providing education about the life-threatening danger of guns. (Continued from February 22, 2000.)

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve request. Motion unanimously approved by voice vote, with Councilmembers Rosenstein and Holbrook absent.

14-D: Accept Susan Wilson's resignation letter from the Parks and Recreation Commission and authorize the City Clerk to publish the vacancy.

Motion by Mayor Pro Tem O'Connor, seconded by Mayor Genser, to accept the letter if resignation. The motion was unanimously approved by voice vote, with Councilmembers Rosenstein and Holbrook absent.

14-E: Request of Councilmember McKeown to direct staff investigation, assessment and suggestion for establishing first priority on City-assisted housing for Santa Monica residents displaced involuntarily and through no fault of their own, including those removed under the Ellis Act or by owner occupancy, natural disaster, safety code enforcement or Section 8 opt-out.

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve request. Motion unanimously approved by voice vote, with Councilmembers Rosenstein and Holbrook absent.

16-A: Conference with Legal Counsel - Existing Litigation: Davis, et al., v. City of Santa Monica, Case No. 98 C00152.

ACTION: Not heard.

16-B: Conference with Legal Counsel - Existing Litigation: Foodmaker v. City of Santa Monica, Case No. SS 007 078.

ACTION: Not heard.

16-C: Conference with Legal Counsel - Existing Litigation: Shober v. City of Santa Monica, Case No. SS 005 575.

ACTION: Not heard.

16-D: Conference with Legal Counsel - Anticipated Litigation. Number of cases: Four.

ACTION: Two cases heard. No reportable action taken.

Members of the public Art Casillas and Brian Hutchings expressed various concerns.

On order of the Mayor, the City Council meeting was adjourned at 12:30 a.m., to March 21, 2000, at 6:15 p.m. in memory of Roosevelt Porter and Leanard S. Janofsky.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor