CITY OF SANTA MONICA

CITY COUNCIL MINUTES

APRIL 11, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:21 p.m., on Tuesday, April 11, 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 6:21 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 7:19 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

4-A: Presentation by Gilberto Higuera Bernal, Attorney General for the State of Sinaloa, Mexico, of a plaque to the City and the Police Department in appreciation of the donation of used police vehicles from the City of Santa Monica to the people of the State of Sinaloa, Mexico.

Mr. Bernal, on behalf of the State of Sinaloa, conveyed his appreciation to the City of Santa Monica and presented a plaque to Mayor Genser.

On order of the Mayor, the City Council recessed at 7:22 p.m., to a joint meeting with the Redevelopment Agency.

4-B: Recommendation that: the City Council and the Redevelopment Agency (Agency) hold a public hearing and receive public input; City Council authorize the City Manager to negotiate and execute Contract No. 7697 (CCS) 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; that the Agency authorize the Executive Director to execute the contract awarded by the City Council for the project; that the City Council and the Agency adopt Resolution No. 9501 (CCS) and No. 465 (RAS) respectively, finding that the project is of benefit to the Earthquake Recovery Redevelopment Project; and, that the City Council and Agency authorize the City Manager/Executive Director to execute Reimbursement Agreement No. 7698 (CCS/RAS) between the City and the Agency for the Project, and supplemental report.

On order of the Mayor, the public hearing was opened. Member of the public Joey Fullmer expressed various concerns. There being no other speakers, the public hearing was closed.

Motion by Councilmember McKeown, seconded by Councilmember Rosenstein, to authorize the City Manager to negotiate and execute a contract with Vahdani Construction, to approve the contingency funds requested, to adopt Resolution No. 9501 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA CONSENTING TO THE REDEVELOPMENT AGENCY'S IMPLEMENTATION OF THE MUNICIPAL POOL REPLACEMENT PROJECT (PHASE 2) AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445," reading by title only and waiving further reading thereof, and authorizing the City Manager to execute Reimbursement Agreement No. 7698 (CCS) between the City and the Agency. 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 Agency Member McKeown, seconded by Agency Member Rosenstein, to authorize the Executive Director to execute Council-approved contract with Vahdani Construction, to adopt Resolution No. 465 (RAS) entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA CONSENTING TO THE REDEVELOPMENT AGENCY'S IMPLEMENTATION OF THE MUNICIPAL POOL REPLACEMENT PROJECT (PHASE 2) AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445," reading by title only and waiving further reading thereof, and authorizing the Executive Director to execute Reimbursement Agreement No. 7698 (RAS) between the City and the Agency. The motion was approved by the following vote:

AYES: Agency Members Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Chair Pro Tem O'Connor, Chair Genser

NOES: None

ABSENT: None

On order of the Mayor, the joint meeting of the City Council and the Redevelopment Agency adjourned at 7:37 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.

The following members of the public commented on the Consent Calendar: Joey Fullmer expressed various concerns; Chuck Allord spoke in support of various items; Vivian Rothstein spoke in support of item 6-H.

At the request of Councilmember Feinstein, the minutes for February 8, 2000, were continued to April 18, 2000. At the request of Councilmember McKeown, Item 6-G was removed from the Consent Calendar.

Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to approve all items, with the exception of the minutes of February 8, 2000, and Item 6-G, 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 January 25, 2000, were approved as submitted and the minutes for February 8, 2000, were continued to April 18, 2000.

6-B: Resolution No. 9502 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Request from Santa Monica College to include fireworks in the 18^th Annual "Celebrate America" Concert Program on July 1, 2000, was approved.

6-D: Resolution No. 9503 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF EXCESS STREET PUBLIC RIGHT-OF-WAY AND PUBLIC SERVICE UTILITY EASEMENTS IN A PORTION OF PICO PLACE NORTH, BETWEEN OCEAN AVENUE AND APPIAN WAY," was adopted.

6-E: Recommendation to authorize the City Manager to negotiate and execute modifications to existing lease terms, and to negotiate and execute Lease and Concession Agreement No. 7699 (CCS) with Chaos Enterprises to continue the operation of four concessions at Santa Monica State Beach, was approved.

6-F: Recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7562 (CCS) with Willdan & Associates, in the amount of $65,000, for a total of $215,000, to provide temporary inspection and counter engineering services for the Building and Safety Division, was approved.

6-H: Resolution No. 9504 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PROCESSION ON APRIL 17, 2000, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was adopted, and recommendation to approve alternate route and waive all City fees for the Processional, was approved.

6-G: Recommendation to authorize the City Manager to execute an interagency agreement to study Lincoln Boulevard Corridor Alternatives.

Staff answered questions of Councilmember McKeown regarding the process to be followed for the study.

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve recommendation. 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-A: Introduction and adoption of interim Ordinance No. 1969 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE CONSTRUCTION RATE PROGRAM FOR MULTI-FAMILY DEVELOPMENT IN ALL MULTI-FAMILY RESIDENTIAL DISTRICTS AND THE DESIGN COMPATIBILITY PERMIT REQUIREMENT FOR THE DEVELOPMENT OF CONDOMINIUMS AND OTHER MULTI-FAMILY HOUSING, AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented.

On order of the Mayor, the public hearing was opened. Joey Fullmer expressed various concerns. Chris Harding spoke in support of modifications to the proposed ordinance; Ken Kutcher spoke in opposition to the proposed ordinance; Chuck Allord spoke in support of the proposed ordinance.

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.

Motion by Councilmember Bloom, to amend the motion to change the construction rate exemption of sites that are vacant as of March 7, 2000, to "any vacant parcel," and to exempt those projects for which the permits are relinquished. The motion was accepted as friendly.

Motion by Councilmember Holbrook, seconded by Councilmember Rosenstein, to include a construction rate exemption to care facilities defined as skilled nursing, Alzheimer's and assisted living.

Substitute motion to amend by Mayor Genser, seconded by Councilmember Bloom, to direct staff to report on the possibility of excluding care facilities as proposed above. The motion was approved by a voice vote, with Councilmembers Rosenstein and Holbrook voting in opposition.

The City Attorney advised that a provision would be added stating that the Planning and Community Development Department will develop and distribute administrative guidelines.

The motion, as amended, was approved by the following vote:

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

NOES: Councilmember Rosenstein

ABSTAIN: Councilmember Holbrook

ABSENT: None

Councilmember Rosenstein stated he voted against the ordinance because it goes beyond what is necessary to protect the neighborhoods and to protect the City against very damaging lawsuits.

8-B: Introduction and adoption of Ordinance No. 1970 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA PROHIBITING EMPLOYER RETALIATION AGAINST EMPLOYEES WHO SUPPORT THE ADOPTION OF MINIMUM WAGE AND BENEFITS LAWS, AND DECLARING THE PRESENCE OF AN EMERGENCY;" and recommendation to institute an educational program for local employers," was presented.

The Mayor opened the public hearing. Member of the public Jerry Rubin spoke in support of the proposed ordinance. Steven Ury and Erika Zucker spoke in support of postponement of the proposed ordinance to allow further review and suggestions.

Motion by Councilmember Holbrook, to approve the alternative option of implementing education programs, as suggested by staff. Motion died for lack of a second.

Motion by Mayor Genser, seconded by Councilmember Rosenstein, to continue this matter to April 18, so staff can consider, and respond to, the comments made during the public hearing.

Substitute motion by Councilmember Feinstein, seconded by Councilmember McKeown, to adopt the ordinance, amended to include reinstatement and back pay as part of the enforcement measures, and directing staff to return at the first meeting in May with an emergency ordinance with amendments, after consideration of comments made during the public hearing and additional public input.

Mayor Genser and Councilmember Rosenstein withdrew their initial motion, leaving the substitute motion on the floor. The motion on the floor was approved by the following vote:

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

NOES: None

ABSENT: None

13-A: The request of Ellen Brennan, on behalf of several neighborhood groups, to address Council requesting a public workshop to allow for community input on the proposed installation of traffic light cameras in the City, was presented.

The following members of the public spoke in support of the request: Jerry Rubin, Ralph George, Andrew Adams, Bob Seldon, and Arthur Harris.

Motion by Councilmember Feinstein, seconded by Councilmember Rosenstein, to direct staff to conduct a public workshop and seek input from members of the public. The motion was unanimously approved by voice vote, with all members present.

14-A: Acceptance of Margarita Zepeda's letter of resignation from the Social Services Commission and authorization for the City Clerk to publish the vacancy.

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to accept the letter with regrets, and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with all Councilmembers present.

14-B: Request of Councilmember Rosenstein to support SB 1629, SB 1772, SB 1809, AB 1885, AB 2767, and AB 2522, which could potentially funnel substantial funding for bicycle, pedestrian and community-oriented projects, allow lower speed limits on residential streets, improve traffic safety and promote more livable communities.

Councilmember Rosenstein provided an update of the different bills.

Motion by Councilmember Rosenstein, seconded by Councilmember McKeown, to support SB 1809, AB 1885, and AB 2767. To conditionally support SB 1772, if funds are not obtained from other transportation funds; and reserve action on the two other bills to a future time. The motion was unanimously approved by voice vote, with all members present.

14-C: Request of Mayor Genser for Council to direct staff to return with a resolution in support of the City of El Segundo's litigation against the Los Angeles World Airports, seeking a halt to the airport's pattern and practice of expanding incrementally without adequate environmental review.

Motion by Mayor Genser, seconded by Councilmember Feinstein, to approve request. Motion unanimously approved by voice vote, with all members present.

14-D: Request of Councilmember Rosenstein to approve funds for any Councilmember to attend the "Smart Growth Policy Briefing" sponsored by the California Futures Network, to be held in Sacramento, California, on May 9, 2000.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to approve request. Motion unanimously approved by voice vote, with all members present.

14-E: Request of Councilmember Holbrook to direct staff to study appropriate locations in which day laborers may congregate in the City, and where potential employers can meet and make arrangements with day laborers, and return to Council with options and recommendations.

Members of the public Chuck Allord and David Cole spoke in support of the request.

Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to approve request. Motion unanimously approved by voice vote, with all members present.

14-F: Request of Councilmember Rosenstein asking Council to declare its support for the striking janitors' efforts to achieve a living wage, and to urge building owners in Santa Monica to instruct their cleaning contractors to negotiate a just settlement with the union.

Members of the public Hector Jimenez, Santos Fragoso, and Jerry Rubin spoke in support of the request.

Motion by Councilmember Rosenstein, seconded by Councilmember Bloom, to approve request. Motion unanimously approved by voice vote, with all members present.

14-G: Request of Mayor Genser to direct City staff to analyze and propose appropriate measures to regulate and/or prohibit the rental of housing units for use as short-term visitor accommodations.

Members of the public Chris Harding and Howard Jacobs spoke in opposition to the request.

Motion by Mayor Genser, seconded by Councilmember Feinstein, to approve request. Motion approved by voice vote, with Councilmember Holbrook voting in opposition, and with all members present.

14-H: Request of Councilmember McKeown that the City Council adopt Resolution No. 9505 (CCS) entitled: "A RESOLUTION IN SUPPORT OF THE HERITAGE FOREST CAMPAIGN, PROTECTING NATIONAL FOREST WILDERNESS FROM ROAD-BUILDING, LOGGING, MINING, AND OTHER DESTRUCTIVE ACTIVITIES, AND PRESERVING PRISTINE AREAS INTACT FOR RECREATION, WATERSHED AND LONG-TERM ECONOMIC AND ENVIRONMENTAL BENEFITS."

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to adopt the resolution as proposed.

Motion to amend by Mayor Pro Tem O'Connor, seconded by Councilmember Rosenstein, to amend to add language to include the concern that people with limited mobility should be able to enjoy these type

of recreational areas. The amendment was accepted as friendly. The motion, as amended, was approved by the following vote:

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

NOES: None

ABSENT: None

Member of the public Brian Hutchings expressed various concerns.

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

ACTION: Case not heard.

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

ACTION: Case heard, no reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: California Attorneys for Criminal Justice v. Butts, et al., Case No. CV 95-8634.

ACTION: Case heard, no reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Walther, et al., Case No. SC 043 522.

ACTION: Case heard, no reportable action taken.

16-E: Conference with Legal Counsel - Anticipated Litigation. Number of cases: Six.

ACTION: Five cases heard. No reportable action taken.

On order of the Mayor, the City Council meeting was adjourned at 12:31 a.m. to April 18, 2000.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor