CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MARCH 28, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:16 p.m., on Tuesday, March 28, 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 6:16 p.m., and then adjourned to consider closed sessions with all members present. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council reconvened at 6:16 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

4-A: Presentation of American Society for Landscape Architecture Medallion Award for outstanding Landscape Design of Palisades Park.

The presentation was made and the Mayor accepted the award on behalf of the City Council and staff.

4-B: CC/RA-1 - Public hearing and award of contract for construction of the Santa Monica Municipal Pool Replacement Project Phase II - recommendation that the City Council and the Redevelopment Agency hold a public hearing and receive public input; authorize the City Manager/ Executive Director to negotiate and execute a contract with Vahdani Construction Co., Inc., in the amount of $5,299,777 and approve contingency funds in the amount of $423,982, for the construction of the project; adopt a resolution finding that the project is of benefit to the Earthquake Recovery Redevelopment Project; authorize the City Manager/ Executive Director to execute a Reimbursement Agreement between the City and the Agency for the Project.

At the request of staff, in order to clarify some procedural issues, the public hearing was opened and the matter was continued to April 11, 2000.

Motion by Agency/Councilmember Feinstein, seconded by Agency/ Councilmember Bloom, to continue this matter to April 11. The motion was unanimously approved by voice vote, with all members present.

On order of the Mayor, the joint meeting was adjourned at 7:33 p.m., to the regular meeting of the City Council.

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

Members of the public Brian Hutchings, Chuck Allord, and Joey Fullmer addressed various issues on the Consent Calendar.

At the request of Councilmember Rosenstein, Item 6-G was removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve all items on the Consent Calendar, except Item 6-G, 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: Approved minutes of December 14, 1999 as corrected, and January 11, and January 18, 2000, City Council meetings, as submitted.

6-B: Resolution No. 9494 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7428 (CCS) with Daniel, Mann, Johnson & Mendenhall, in the amount of $300,000, to provide management services, was approved.

6-D: recommendation to authorize the City Manager to negotiate and execute Contract No. 7690 (CCS) with KPFF Consulting Engineers, in the amount of $60,000, for engineering evaluation, testing and conceptual design services for seismic upgrade of the Police Wing of City Hall, was approved.

6-E: Recommendation to authorize the Mayor and the City Manager to execute a pre-application for grants letter to the National Park Services' Urban Park and Recreation Program Rehabilitation Grant Program for improvements to the Thelma Terry Center at Virginia Avenue Park, was approved.

6-F: Bid No. 2774 was awarded to Big Trucks, Inc., in the amount of $50,000, for rebuilt differential assemblies required to repair GMC and MCI buses.

6-H: Recommendation to award Bid No. 2776 to Vermeer-Escondido, in the amount of $ 43,191.75, to furnish and deliver one new diesel powered heavy duty root cutter for tree maintenance and decreased sidewalk damage, was approved.

6-I: Resolution No. 9495 (CCS) entitled: "A RESOLUTION OF INTENTION TO CHANGE THE ASSESSMENT FEE LEVIED IN THE MONTANA AVENUE BUSINESS IMPROVEMENT ASSESSMENT DISTRICT AND SETTING A PUBLIC HEARING FOR APRIL 25, 2000, TO HEAR PUBLIC INPUT," was adopted, amended by changing the public hearing date to April 18, 2000.

6-J: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7691 (CCS) with CH2M Hill Inc., in the amount of $2,175,000, to provide program management services for the Big Blue Bus Facility Expansion, and approval of $325,000 in contingency funds, was approved.

6-K: Recommendation to authorize the City Manager and the Chief of Police to apply for up to $66,379 of Grant Assisting Law Enforcement Project grant funds from the Department of Alcoholic Beverage Control to assist in curtailing problems related to licensed alcohol outlets within the City, was approved.

6-L: Resolution No. 9496 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 52682 FOR A 12-UNIT CONDOMINIUM PROJECT AT 1544 12^TH STREET," was adopted, and authorization for the City Manager to execute Subdivision Improvement Agreement No. 7692 (CCS) related to the project, was approved.

6-M: Recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 6773 (CCS) with Christopher Joseph and Associates, in the amount of $32,170, for a new total amount of $124,045, for additional environmental analysis required to complete the Municipal Pool Environmental Assessment and the Environmental Impact Report for the Open Space Element, was approved.

6-N: Recommendation to authorize the Purchasing Agent to issue a blanket purchase order to Recycled Technology, Inc., in the amount of $60,000, for provision of rubber speed humps for various City streets, was approved.

6-O: Resolution No. 9497 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AND RELATED DOCUMENTS WITH THE STATE OF CALIFORNIA FOR RECEIPT OF $150,000 IN GRANT FUNDING FOR WALKABLE WESTSIDE CAMPAIGN FOR PEDESTRIAN AND TRAFFIC SAFETY," was adopted.

6-P: Award of Bid No. 2767 to Nixon-Egli Equipment Company, in the amount of $186,584.03, for provision of one diesel-powered profiler used for pavement grinding needed to rectify drainage problems in City alleys and streets, was approved.

6-G: Recommendation to award a sole source purchase order to Chief Neon Sign Company, in the amount of $28,500, to repair the sign at the Civic Auditorium, was presented.

Councilmember Rosenstein asked questions of staff regarding the proposed repair and long-term use of the message center. Staff responded to questions.

Motion by Mayor Genser, seconded by Councilmember Bloom, to approve the recommendation. The motion was approved by the following vote:

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

NOES: Councilmember Rosenstein

ABSENT: None

8-A: Introduction and first reading of an ordinance establishing the Pico Boulevard Business Improvement Area Assessment District.

ACTION: Action on this item is listed under Item 10-B.

8-B: Introduction and adoption of Ordinance No. 1968 (CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MORATORIUM ON MULTI-FAMILY RESIDENTIAL DEVELOPMENT IN THE CITY'S MULTI-FAMILY RESIDENTIAL DISTRICTS FOR A PERIOD OF THREE MONTHS, AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented.

On order of the Mayor, the public hearing was opened. The following members of the public spoke in support of the ordinance: Joey Fullmer, Jerry Rubin, Chuck Allord, and Brian Hutchings.

The following individuals spoke in opposition to the ordinance: Ken Kutcher and Chris Harding.

Motion by Mayor Genser, seconded by Councilmember Feinstein, to introduce and adopt ordinance amended to extend moratorium for fifty (50) days; to expand Exception "B" to allow additional units to be constructed on sites where there are duplexes provided no housing is demolished; to direct staff to work, during this period, on the expansion of north of Wilshire standards city-wide and on modification of the demolition ordinance; and to direct staff to return to Council on May 9, 2000. The motion was approved by the following vote:

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

NOES: Councilmember Holbrook

ABSENT: None

On order of the Mayor, the City Council recessed at 10:02 p.m., and reconvened at 10:20 p.m., with all members present.

9-A: Recommendation to authorize the City Manager to implement a beach parking rate program consisting of (a) creation of short-term parking at the rate of $1.00 per hour for a 2-hour stay within three beach lots, including approximately 75 spaces in the 1640 Appian Way Lot, 85 spaces in the 2030 Barnard Way Lot, and 68 spaces in the 2600 Barnard Way Lot, and (b) reduction of the all day parking rate to $5.00, year-round, in the 2030 and 2600 Barnard Way Lots, was presented.

The following spoke in support of the recommendation: Daniel Ehrler, Jerry Rubin, and Roger Genser. Chuck Allord spoke in opposition to the recommendation. Fred Whitlock spoke in support of preferential parking. Leslie Paonessa and Gary Gordon spoke in support of an alternative plan. Linda Sullivan and Jan Palchikoff spoke in support of better marketing and signage for parking.

Motion by Councilmember Bloom, seconded by Councilmember McKeown, to continue the meeting past 11:00 p.m. The motion was approved with Councilmembers Holbrook and Rosenstein voting in opposition.

Motion by Councilmember Bloom, seconded by Mayor Genser, to approve staff recommendation, to direct staff to return at the earliest opportunity with a status report on the program, and to direct staff to review the Bay Street parking for safety issues. 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

10-A: Recommendation to hold a public hearing and adopt a resolution changing the names of Ocean Avenue; The Promenade to Ocean Front Walk; and the autoway between Appian and Ocean, to Pacific Terrace.

On order of the Mayor, this matter to be considered on April 4, 2000.

10-B: Public hearing to receive public input on the proposed establishment of a Pico Boulevard Business Improvement Area Assessment District, introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING THE PICO BOULEVARD ASSESSMENT DISTRICT," and authorization for the City Manager to negotiate and execute Contract No. 7693 (CCS) with the Santa Monica Chamber of Commerce to administer the funds collected, was presented.

The following members of the public spoke in support of the recommendation: Dan Ehrler, Margaret Engler, Burrie Beyer, Tom Burney, and Jim Stebins.

The following individuals spoke in opposition of the recommendation: Carol Jones, Gorton Vallely. Joy Fullmer, Linda Tait, and Brian Hutchings expressed various concerns.

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to introduce and hold first reading of the ordinance, and authorize the City Manager to negotiate and execute the contract provided it is for no more than one year.

Substitute motion by Councilmember Rosenstein, seconded by Councilmember Holbrook, to approve recommendation as submitted. The motion failed by the following vote:

AYES: Councilmembers Rosenstein, Holbrook

NOES: Councilmember Bloom, Feinstein, McKeown, Mayor Pro Tem O'Connor, Mayor Genser

ABSENT: None

The main motion was approved by the following vote:

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

NOES: None

ABSENT: None

ABSTAIN: Councilmember Holbrook

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to review the 5% fee level and investigate the issue of late penalties on the BID fee. The motion was unanimously approved by voice vote, with all members present.

Councilmember Holbrook was excused at 11:30 p.m.

12-A: Resolution No. 9498 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA REVISING AFFORDABLE HOUSING UNIT BASE FEE FOR NEW MARKET RATE CONDOMINIUM DEVELOPMENT," was presented.

Motion by Mayor Pro Tem Genser, seconded by Councilmember McKeown to adopt the resolution reading by title only, waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

13-A: Request of Russell Bennett to address Council requesting an amendment to Municipal Code Section 9.04.20.10.030 to allow applicants to preserve and maintain the architectural integrity of existing homes.

Motion by Mayor Genser, seconded by Councilmember McKeown, to direct staff to initiate an amendment to the zoning code which would modify the variant section to allow the ability to have an extra story and exceed the height limit in appropriate circumstances. Motion unanimously approved by voice vote, with Councilmember Holbrook absent.

13-B: Request of Richard Vye, et al., to address Council requesting a modification to the Traffic Engineering Plan to not build curb chokers at Pearl and Centinela, was presented.

The following members of the public spoke in support of the request: Roger Later, JoAnn Aylsworth, Chuck Allord, Art Friedman, Susan Onstad, and Emmalie Hodgin.

Member of the public Barbara Brown spoke in opposition of the request.

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

13-C: Request of Daniel Ehrler, on behalf of the Chamber of Commerce, to address Council to discuss the logistics of enforcement of the sign ordinance and request to consider a 30-day extension of the April 11, 2000, enforcement date.

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

14-A: Appointment to one vacancy on the Los Angeles County West Vector Control District for a term ending December 31, 2001.

The Mayor opened the floor for nominations. Councilmember Rosenstein nominated Nancy Greenstein. There being no other nominations, Ms. Greenstein was appointed by acclamation, with Councilmember Holbrook absent.

14-B: Appointment to one unscheduled vacancy on the Airport Commission for a full term ending June 30, 2003.

Members of the public Jim Donaldson and Martin Rubin spoke in support of appointing the appropriate person to the Commission. There being no other speakers, the public hearing was closed.

On order of the Mayor, this matter was continued to May 9, 2000.

14-C: Appointment to one unscheduled vacancy on the Commission on Older Americans for a term ending June 30, 2000. (Continued from March 7, 2000.)

On order of the Mayor, this matter was continued to May 9, 2000.

Mayor Pro Tem O'Connor was excused at 12:35 a.m.

14-D: Request of Mayor Genser and Councilmember Bloom to direct staff to analyze and report to the Council on the appropriateness of placing a Charter Amendment on the November 2000 General Election ballot to increase the limit on the size of administrative fines the City may impose for violations of law.

Members of the public Martin Rubin, Jim Donaldson, and Cathy Larson spoke in favor of the request.

Motion by Councilmember Bloom, seconded by Mayor Genser, to approve request and in addition, staff to research other possibilities for law enforcement efforts. The motion was unanimously approved, with Councilmember Holbrook and Mayor Pro Tem O'Connor absent.

14-E: Request of Councilmembers Bloom, Feinstein, and Mayor Genser, to direct staff to return with an emergency ordinance prohibiting any employer from retaliating in any way against employees who advocate a position for or against a living wage ordinance.

Motion by Mayor Genser, seconded by Councilmember Bloom, to approve request, with staff to return as soon as possible, and if appropriate with a draft ordinance including alternative options. The motion was unanimously approved by voice vote, with Councilmember Holbrook and Mayor Pro Tem O'Connor absent.

14-F: Request of Councilmember Feinstein to direct staff to analyze the potential effects of the proposed "living wage initiative".

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve request to include review of the breadth and narrowness of the initiative, including which workers will and will not be covered, and an analysis of pay and benefits of those workers covered and involved in City contracts over $25,000. Motion unanimously approved, with Councilmember Holbrook and Mayor Pro Tem O'Connor absent.

The following members of the public were present to speak: Pro Se spoke in support of a commission to represent the City's disabled residents; Chuck Allord expressed safety concerns regarding day laborers gathering on street corners; Art Casillas expressed concerns regarding Police Department policy; Darlene McNama expressed concerns about trees being cut down in her trailer park; Jerry Rubin spoke in support of additional public information when Council makes appointments to boards and commissions.

Councilmember Rosenstein was excused at 1:20 a.m.

16-A: Conference with Legal Counsel - Existing Litigation: C.W. Hotel Limited Partnership v. City of Santa Monica, Case No. BS 060 010.

ACTION: Not heard.

16-B: Conference with Legal Counsel - Existing Litigation: Michael Davis, et al., v. City of Santa Monica, Case No. 98 C 00152.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve a settlement in the amount of $16,308.00. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser

NOES: None

ABSENT: Councilmembers Holbrook, Rosenstein, Mayor Pro Tem O'Connor

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

ACTION: Heard. No reportable action taken.

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

ACTION: Heard. No reportable action taken.

16-E: Conference with Legal Counsel - Existing Litigation: Palisades Beach Property Owners Association v. State of California Department of Transportation, Case No. BC 220026.

ACTION: Heard. No reportable action taken.

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