CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MAY 23, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, May 23, 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 7:19 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

4-A: Proclamation declaring May 2000, as Senior Recognition Month in the City of Santa Monica.

On order of the Mayor, the month of May 2000 was declared as Senior Recognition Month in the City of Santa Monica.

4-B: Proclamation in honor of Preservation Week, 2000 and acknowledgment of receipt of the California Preservation Foundation award for the restoration of Miles Playhouse and the Los Angeles Conservancy Royce Neuschantz Award for Palisades Park.

On order of the Mayor, a proclamation was issued in honor of Preservation Week 2000, and the awards to the City were acknowledged.

4-C: Presentation of commendation to Pedestrian Safety Video volunteer cast and crew .

The Mayor presented a commendation to the volunteer cast and crew for the City's Pedestrian Safety Video.

On order of the Mayor, the City Council convened to a joint meeting with the Housing Authority at 7:34 p.m., with all members present.

4-D: (CC/HA-1) Public hearing for approval of the Public Housing Authority Five-Year Plan, and certification of compliance with the FY 1995-2000 Consolidated Plan.

Staff advised that the recommendation has a typographical omission and should indicate "Staff recommends that the City Council and the Housing Authority hold a public hearing, and that the Housing Authority approve the . . . . ."

Motion by Commissioner Feinstein, seconded by Chair Pro Tem O'Connor, to approve staff recommendation. The motion was approved by the following vote:

AYES: Commissioners 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 Housing Authority adjourned at 7:40 p.m. The City Council thereafter convened to a special meeting of the Redevelopment Agency, and then reconvened to the regular Council meeting at 7:56 p.m., with all members present.

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 matter was opened for public comment. The following members of the public spoke: Joey Fullmer expressed various concerns. Chris Harding expressed concerns regarding process, relative to Item 6-T and requested a delay on the decision. David Hibbert and Daniel Gregory spoke in support of Ocean Lodge receiving the contract on Item 6-T. Chuck Allord discussed several Consent Calendar items. Joseph Chester spoke in support of recommendation for Item 6-T.

The City Manager advised that Item 6-Q was being withdrawn. At the request of Councilmember Bloom, Items 6-G and 6-T were pulled off the Consent Calendar.

Motion by Councilmember Holbrook, seconded by Councilmember Feinstein, to approve all items on the Consent Calendar, with the exception of Items 6-G, 6-Q, and 6-T, as presented, reading resolutions and ordinances by title only and waiving further reading thereof. 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

6-A: The minutes of February 29, and March 7, 2000, City Council meetings, were approved.

6-B: Earthquake Recovery Resolution - Resolution No. 9511 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Purchase of Dispatch Radio Frequency for the Big Blue Bus Radio and Vehicle Locating System - recommendation to waive formal bidding requirements and authorize the City Manager to negotiate Contract No. 7716 (CCS) for purchase of a radio frequency from Lone Star Radio, Inc., in the amount of $235,000, for use by the new radio and vehicle locating system, was approved.

6-D: Acceptance of California Office of Criminal Justice Planning (OCJP) Grant Funds for creation of multi-media computer lab for the Santa Monica Police Activities League (PAL) - recommendation to authorize the City Manager to accept $115,550 in OCJP grant funds, designate their use for creation of multi-media computer lab for PAL, and approve proposed budget changes, was approved.

6-E: Award of bid for two gasoline powered pickup trucks used for animal control - recommendation to award Bid No. 2784 to Maurice J. Sopp & Son, in the amount of $80,538.00, to purchase two pickup trucks with animal control bodies for the Animal Regulation Division of the Police Department, was approved.

6-F: Award of bid for one Diesel-Powered Mobile Hydraulic Hammer for breaking up asphalt, concrete and soil - recommendation to award Bid No. 2785 to Nixon-Egli Equipment Company, in the amount of $69,974.97, to purchase one diesel-powered mobile hydraulic hammer as part of vehicle replacement program, was approved.

6-H: Award of bid for eight compressed natural gas-powered sedans for the Transportation Department - recommendation to award Bid No. 2780 to Midway Ford, in the amount of $199,188.66, to purchase eight CNG-powered sedans for the Transportation Department, was approved.

6-I: Resolution No. 9512 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL MAP NO. 52232 FOR A 6-UNIT TENANT PARTICIPATING CONVERSION PROJECT AT 1133 15^TH STREET," was adopted.

6-J: Subdivision Improvement Agreement and resolution approving Final Tract Map No. 52849 for a 9-unit condominium project at 934-938 Lincoln Boulevard - recommendation to authorize the City Manager to negotiate and execute Subdivision Improvement Agreement No. 7715 (CCS), and to adopt Resolution No. 9513 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 52849 FOR A 9-UNIT CONDOMINIUM PROJECT AT 934-938 LINCOLN BOULEVARD," was approved.

6-K: Contract with Museum of Tolerance for diversity training for City employees - recommendation to authorize the City Manager to negotiate and execute two-year Contract No. 7718(CCS) with the Museum of Tolerance, in the amount of $300,000, to provide diversity training to City employees, was approved.

6-L: Award of bid for one diesel-powered urban search and rescue vehicle for the Fire Department - recommendation to award Bid No. 2775 to Super Vacuum Manufacturing Company, Inc., for $242,421.54, to furnish and deliver one urban search and rescue vehicle, was approved.

6-M: Purchase of miscellaneous office work space furnishings for the Transportation Department - recommendation to authorize the City Manager to negotiate and execute a purchase order with Haworth, in the amount of $190,000, to furnish and deliver modular work stations, partitions, overhead storage bins and file cabinets for the Transportation Department, was approved.

6-N: Sole source purchase of police rifles for the Police Department - recommendation to authorize the City Manager to negotiate and execute a sole source purchase order with Specialized Armament Warehouse, in the amount of $72,860.37, to furnish and deliver police rifles, was approved.

6-O: Use of Santa Monica's Household Hazardous Waste Facility by City of Los Angeles residents - recommendation to authorize the City Manager to negotiate and execute Contract No. 7719 (CCS) with the City of Los Angeles to allow their use of the City's waste facility on a one-year pilot basis, and approve the proposed budget changes, was approved.

6-P: Lease Agreement of up to 10 small 26-passenger, low-floor transit buses - recommendation to authorize the City Manager to negotiate and execute Lease Agreement No. 7720 (CCS) with Pitney Bowes Capital Services, in the amount of $2,406,625, to lease up to 10 small 26-passenger, low-floor transit buses, and approve proposed budget changes, was approved.

6-Q: Street Light Circuit Conversion Project for the Streetlight Retrofit Program - recommendation to authorize the City Manager to negotiate and execute a contract with L.A. Signal, in the amount of $378,869, for construction of the FY 1999-2000 Street Light Circuit Conversion Project; and, negotiate and execute a contract with DMR Team, in the amount of $35,000, for construction management services for the project.

On order of the Mayor, this item was withdrawn at the request of staff.

6-R: Contract for provision of operations and system analysis services for various divisions - recommendation to authorize the City Manager to negotiate and execute two-year Contract No. 7721 (CCS) with Pollnow and Associates, in the amount of $198,770, to provide operations and systems analysis services to various divisions in the Environmental and Public Works Management and Planning and Community Development Departments, was approved.

6-S: Demolition and reconstruction of Fire Station No. 2, located at 222 Hollister Avenue - recommendation to authorize the City Manager to negotiate and execute Contract No. 7722 (CCS) with Vahdani Construction Company, in the amount of $1,844,000, for demolition and reconstruction of the fire station; and, to negotiate and execute Contract No. 7723 (CCS) with Advanced Inspection Services, in the amount of $65,000, to provide inspection services for the project, was approved.

6-G: Recommendation to award a grant of $25,000 to the Santa Monica Education Foundation for a feasibility study related to music and art endowment programs in the Santa Monica-Malibu Unified School District, was approved.

Councilmember Bloom advised he had removed this item in order to highlight its importance to the School District.

Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to approve recommendation. Motion approved by the following vote:

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

NOES: None

ABSENT: None

6-T: Exclusive negotiations with American Youth Hostel for development of affordable lodging units in the coastal zone - recommendation to authorize the City Manager to negotiate and execute Agreement No. 7724 (CCS) with American Youth Hostel for development and funding of proposed affordable lodging project; and, to direct staff to continue to confer with the Coastal Commission regarding use of remaining funds not required for this project, was approved.

Councilmember Bloom advised he had removed this item from the Consent Calendar in order to permit staff to respond to concerns raised during public input. Staff answered questions of Councilmembers related to the award of the Agreement and process.

Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to approve recommendation. Motion approved by the following vote:

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

NOES: None

ABSENT: None

END OF CONSENT CALENDAR

8-A: Second reading and adoption of Ordinance No. 1973 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING THE PICO BOULEVARD BUSINESS IMPROVEMENT AREA ASSESSMENT DISTRICT." (Introduced March 28, 2000.)

Motion by Councilmember Holbrook, seconded by Mayor Pro Tem O'Connor, 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: Second reading and adoption of Ordinance No. 1974 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 960 (CCS) TO CHANGE THE ASSESSMENT LEVIED IN THE MONTANA AVENUE BUSINESS ASSESSMENT DISTRICT." (Introduced April 18, 2000.)

Motion by Mayor Pro Tem O'Connor, 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 Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

8-C: Introduction and adoption of Ordinance No. 1975 (CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING DEVELOPMENT STANDARDS, USES SUBJECT TO A PERMIT, PROHIBITED USES AND THE DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2 NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA AVENUE, AND DECLARING THE PRESENCE OF AN EMERGENCY."

On order of the Mayor, the public hearing was opened. The following members of the public spoke in support of the ordinance: Lu Artz, Giles Smith, Michael Gruning, Tony Pleskow, Bill Bauer and Doris Sosin. John Lautemann and James Mount spoke in support of their individual projects.

Motion by Councilmember Holbrook, seconded by Councilmember McKeown, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof, and amended to direct staff to review small lot sizes smaller than 7500 square feet for possible needed adjustments. 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

On order of the Mayor, Item 9-A, will be heard next, instead of Item 8-D, to allow public comment

Councilmember McKeown was excused at 9:49 p.m.

9-A: Extension of grant for provision of early childhood/child care services at Marine Park Child Development Center - recommendation to approve an extension of the operational grant with the Unified School District; allocate funding for a three-year operational grant and one-time capital improvement to The Growing Place to provide child care services; and authorize the City Manager to negotiate and execute Contract Nos. 7725 (CCS) and 7726 (CCS) with the School District and with The Growing Place to operate the Center, was presented.

Councilmember McKeown advised he was recusing himself from this matter because of a potential conflict of interest with the School District.

The following members of the public spoke in support of the recommendation: Lillie Schlessinger, Gleam Davis, Judith Brunk, Blanca Malpartida-Girard, Felicia Lewinstein and Ellen Khokha.

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

AYES: Councilmembers Holbrook, Feinstein, Bloom,

Mayor O'Connor, Mayor Genser

NOES: Councilmember Rosenstein

ABSENT: Councilmember McKeown

On order of the Mayor, the City Council recessed at 10:32 p.m., and reconvened at 11:20 p.m., with Councilmember

Rosenstein absent.

8-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS PARKING METER ZONES AND AMENDING THE MUNICIPAL CODE;" and adoption of Resolution No. 9514 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SETTING PARKING METER RATES AND PROHIBITING PERMIT USE IN BEACH PARKING FACILITIES POSTED FOR TIME-LIMITED PARKING," were presented.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to introduce and hold first reading of the ordinance and adopt resolution, reading by title only, and waiving further reading thereof, amended to delete a last parenthetical sentence on page 2, as recommended by the City Attorney. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Rosenstein

9-B: Adoption of resolutions for the Regular and Special Municipal Elections to be held on November 7, 2000, and information on campaign laws, was presented.

There were no members of the public to speak on this matter. Marsha Moutrie, City Attorney, provided information on campaign laws and answered questions from Councilmembers.

Maria Stewart, City Clerk, advised that an amendment was needed for the resolutions presented to delete the Santa Monica-Malibu Unified School District from the elections due to the absence of a request to consolidate from the District. Ms. Stewart added that upon receipt of the request, staff would return with appropriate resolutions to add the School District.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to adopt Resolution No. 9515 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000;" Resolution No. 9516 (CCS), entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY TO BE HELD ON NOVEMBER 7, 2000, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE;" Resolution No. 9517 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000;" and Resolution No. 9518 entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED SERVICES FOR THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2000," as amended. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Rosenstein

12-A: Adoption of Resolution No. 9519 entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (CONTRACT No. 7727 (CCS) WITH THE ADMINISTRATIVE TEAM ASSOCIATES," was presented

There were no members of the public present to speak on this matter.

Motion by Councilmember Feinstein, seconded by Councilmember Holbrook, to adopt resolution, reading by title only, and waiving further reading thereof. Motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Rosenstein

13-A: Request of Chuck Ice, President of the Santa Monica Youth Athletic Foundation to address Council regarding City Recreation needs.

On order of the Mayor, the information was received and filed. Mr. Ice was not present for this matter.

13-B: Request of Jon Beau Lee to address Council on preferential parking on 10^th Street and its effect on the Santa Monica Art Colony at 1011 Pico Boulevard, was presented.

On order of the Mayor, the information was received and filed. Staff was directed to provide the Council with an information item.

13-C: Request of Brian H. Ouzounian to address Council requesting reconsideration of action taken on the agenda item regarding a Lease extension for American Flyers for management and operation of third fixed based operator facility at Santa Monica Airport, on April 18, 2000, was presented.

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

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

On order of the Mayor, the floor was opened for nominations. Councilmember Holbrook nominated John Smith. There being no other nominations, Mr. Smith was appointed by acclamation, with Councilmember Rosenstein absent.

14-B: Appointment to one unscheduled vacancy on the Commission on Older Americans for a term ending June 30, 2000.

On order of the Mayor, this matter was continued to June 13, 2000.

14-C: Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending June 30, 2001.

On order of the Mayor, the floor was opened for nominations. Councilmember Bloom nominated Conway Collis. Councilmember McKeown nominated Heather Trim. On a roll call, Mr. Collis was appointed by a majority vote, as follows:

Mr. Collis: Councilmembers Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

Ms. Trim: Councilmembers McKeown, Feinstein

Councilmembers McKeown and Feinstein requested their vote be changed for Mr. Collis, thereby appointing Mr. Collis by a unanimous vote, with Councilmember Rosenstein absent.

14-D: Appointment to one unscheduled vacancy on the Social Services Commission for a term ending June 30, 2003.

On order of the Mayor, this matter was continued to June 27, 2000.

14-E: Request of Councilmembers Feinstein and Bloom to discuss the formation of a task force on creating appropriate and meaningful opportunities to provide information and advice to the City regarding the multitude of issues facing those with disabilities in our community.

The following members of the public spoke in support of the request: Jerry Rubin, Pro Se, Clydean Lochette, Kecia Weller, and Terry Schiller.

Motion by Councilmember Boom, seconded by Councilmember Feinstein, to research request and return with a timeline as to when staff can make recommendations and implement actions, and to include the parents of disabled children in the research and discussions. The motion was unanimously approved by voice vote, with Councilmember Rosenstein absent.

14-F: Request of Mayor Genser that Council authorize the use of travel funds for any Councilmember interested in attending the meeting of the U.S. Conference of Mayors, On June 9-13, 2000, in Seattle.

Motion by Mayor Pro Tem O'Connor, seconded by Mayor Genser, to approve request. Motion unanimously approved by voice vote, with Councilmember Rosenstein.

PUBLIC INPUT: Member of the public Brian Hutchings and Viper expressed various concerns.

16-A: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining Units: Administrative Team Association

Santa Monica Police Officers Assn.

ACTION: See Item 12-A regarding the Administrative Team Association. No reportable action taken on the Santa Monica Police Officers Association.

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

Motion by Councilmember Bloom, seconded by Councilmember Holbrook, to approve settlement in the amount of $18,000.00. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Rosenstein

16-C: Conference with Legal Counsel - Existing Litigation: Lawrence v. City of Santa Monica, Case No. SC 056171.

ACTION: Heard. No reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: Reyes v. City of Santa Monica, Case No. SC 057195.

ACTION: Heard. No reportable action taken.

16-E: Conference with Legal Counsel - Existing Litigation: Mohio v. City of Santa Monica, Case No. SC 055968.

ACTION: Not heard.

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

ACTION: Not heard.

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

Number of cases: Seven.

ACTION: One case heard. No reportable action taken.

16-H: Conference with Real Property Negotiators:

Property: 2330 Michigan Avenue

City Negotiators: Jeff Mathieu and Craig Perkins, City representatives

Owners of Record: Irving and Gertrude Geffner; Anne T. Geffner; Sara Lewis; Ellen Biderman

Under Negotiation: Creation of 4 Charitable Remainder Trusts and Acquisition of Real Estate Property.

ACTION: Not heard.

16-I: Conference with Real Property Negotiators:

Property: 1819 Ocean Avenue

City Negotiator: Mark Richter

Owners of Record: Sunstone Hotel Investors

Under Negotiation: Terms and conditions of lease.

ACTION: Heard. No reportable action taken.

ADJOURNMENT:

On order of the Mayor, the regular meeting of the City Counsel adjourned at 12:30 a.m., to May 30, 2000, at 6:00 p.m., in memory of Fred Harris and Casey Shearer.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor