CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JUNE 13, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, June 13, 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 Kevin McKeown

Councilmember Paul Rosenstein

Absent: Councilmember Robert T. Holbrook

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., with Councilmember Holbrook absent, 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 7:15 p.m., with Councilmember Holbrook absent. Mayor Pro Tem O'Connor led the assemblage in the Pledge of Allegiance.

At 7:16 p.m., a special joint meeting of the City Council and the Redevelopment Agency was convened, with Councilmember Holbrook absent.

4-A: Recommendation that the City Council consent to, and the Redevelopment Agency approve, payment of Agency funds for the Virginia Avenue Park Expansion Project, and adoption of resolutions finding that the project is of benefit to the Earthquake Recovery Redevelopment Project.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to consent to the payment of funds and adopt Resolution No. 9510 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CONSENTING TO THE REDEVELOPMENT AGENCY'S PAYMENT OF TAX INCREMENT FUNDS FOR THE VALUE OF LAND AND IMPROVEMENTS OF THE VIRGINIA AVENUE PARK EXPANSION PROJECT AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445." The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

On order of the Mayor, the special joint meeting of the City Council and the Redevelopment Agency adjourned and the

regular City Council meeting reconvened at 7:26 p.m., with Councilmember Holbrook absent.

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 spoke on this matter: Joey Fullmer expressed various concerns. Anita Phillips spoke in support of Item 6-L, Chuck Allord address various items on the Consent Calendar.

At the request of Councilmember Feinstein, Items 6-A and 6-O were removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve all items on the Consent Calendar, except 6-A and 6-O, 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, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook

6-A: The minutes of the March 22, 2000, City Council meeting were continued to June 27, 2000, at the request of Councilmember Feinstein.

6-B: Resolution No.9521 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Recommendation to approve Cost Recovery Plan for the proposed Vehicle Impound Program and to adopt Resolution No. 9522 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING FEES FOR THE RELEASE OF VEHICLES IMPOUNDED UNDER THE CITY'S MOTORIST AWARENESS/30-DAY VEHICLE IMPOUND PROGRAM.," was approved.

6-D: Recommendation to authorize the City Manager to negotiate and execute a purchase order with Neopart, in the amount of $123,660.00, for purchase and installation of pedestrian safety devices on 90 transit buses for the Transportation Department, was approved.

6-E: Recommend-ation to award Bid No. 2778 to Motor Coach Industries, in the amount of $1,779,675.20, to purchase four buses for the Transportation Department, and to approve proposed budget changes, was approved.

6-F: Recommendation to award Bid No. 2786 to Villa Ford, in the amount of $129,899.99, to furnish and deliver six pickup trucks for the Environmental & Public Work Management Department, was approved.

6-G: Recommendation to award Bid No. 2788 to Bob Beatty Ford, in the amount of $41,247.58, to furnish and deliver two passenger vans for the Environmental & Public Works Management Department and the Police Department, was approved.

6-H: Recommendation to award Bid No. 2789 to Midway Ford, in the amount of $59,286.71, for the Finance Department, Environmental and Public Works Department, and Community & Cultural Services Department, was approved.

6-I: Recommendation to award Bid No. 2790 to Ingersoll-Rand Company, in the amount of $53,016.52, to purchase four portable air compressors for various divisions, was approved.

6-J: Recommendation to award a sole source purchase order to Motorola, Inc., in the amount of $176,436.75, to purchase miscellaneous radio equipment for the Police and Transportation Departments, and notification of exception to Resolution No. 8966 (CCS) regarding conducting business with firms doing business in or with Burma, was approved.

6-K: Recommendation to award a purchase order to Wareforce, Inc., in the amount of $93,800, for computer equipment and software for a case management system to track recipients of homeless services provided by the City, was approved.

6-L: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7731 (CCS) with Sterndahl, Inc., in the amount of $61,824, for construction of Pedestrian and Crosswalk Improvements, Phase 1, for various City streets, was approved.

6-M: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING A POLICY TO DISPLAY THE NATIONALLY RECOGNIZED FLAG OF THE NATIONAL LEAGUE OF PRISONERS OF WAR/MISSING IN ACTION FAMILIES," was adopted.

6-N: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7732 (CCS) with National Access Consultants, in the amount of $49,050, to provide consulting services for City compliance with the ADA.

6-O: Recommendation to accept residents' petitions for installation of street lights on various streets and to set a public hearing on September 12, 2000, for the formation of a street light assessment district, was approved.

Councilmember Feinstein asked questions of staff regarding the types of lights proposed that would create less "light pollution." Councilmember Bloom advised that residents were in need of information on the process to establish assessment districts. Staff answered questions of Councilmembers. Staff was directed to return to Council in the appropriate manner to include additional information, as well as information on how members of the public can learn about the process.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve recommendation. 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

8-A: Second reading and adoption of Ordinance No. 1976 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING VARIOUS PARKING METER ZONES AND AMENDING THE SANTA MONICA MUNICIPAL CODE."

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

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

NOES: None

ABSENT: Councilmember Holbrook

8-B: Introduction and adoption of interim Ordinance No. 1977 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS AND BUILDING HEIGHT PROJECTIONS FOR PROJECTS DEVELOPED WITHIN THE R2, LOW DENSITY R3, MEDIUM DENSITY AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS, AND TO THE REQUIREMENTS FOR DEMOLITION PERMITS; AND DECLARING THE PRESENCE OF AN EMERGENCY."

On order of Mayor, the public hearing was opened and the following members of the public addressed various aspects of the proposed ordinance: Joey Fuller, Chuck Allord, Giles Smith, Bob Seldon and Lewis Perkins.

Motion by Mayor Genser, seconded by Councilmember McKeown, to adopt ordinance, reading by title only and waiving further reading thereof, amended to limit height to a maximum of ten feet.

On order of the Mayor, action on this matter to be delayed to later in the meeting to allow staff to confer on motion proposed.

Councilmember Holbrook arrived at 9:00 p.m.

After taking action on Item 9-A, Council returned to this item. Staff answered questions of Councilmembers regarding the maximum heights allowed and the justification for the allowance. Staff suggested an amendment to the ordinance with the following language: "the stairwell enclosure is no larger than 4 feet by 4 feet in dimension and does not exceed ten feet in height above the roof line unless a parapet is required, in which case the enclosure shall not exceed 12 feet in height above the roof line."

The suggestion to amend was considered friendly by the maker and seconder of the motion. The motion as amended reads:

Motion by Mayor Genser, seconded by Councilmember McKeown, to adopt ordinance, reading by title only and waiving further reading thereof, amended to read in the appropriate section. "the stairwell enclosure is no larger than 4 feet by 4 feet in dimension and does not exceed ten feet in height above the roof line unless a parapet is required, in which case the enclosure shall not exceed 12 feet in height above the roof line." 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

9-A: Recommendation to authorize the City Manager to negotiate and execute a three-year Agreement No. 7733 (CCS) with Standard Parking in the amount of $2,900,000, for consolidated downtown, pier and beach parking operations, was presented.

Staff advised that the proposed contract is to be effective November 2000, and not October 2000, as the report indicates.

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

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

NOES: None

ABSENT: Councilmember Holbrook

9-B: Recommendation to adopt a plan for the long-term operation and maintenance of Woodlawn Cemetery, was presented.

Member of the public Chuck Allord spoke in favor of the recommendation.

Motion by Councilmember Bloom, seconded by Councilmember McKeown, to adopt Scenario Three, as outlined in the staff report, for the long-term operation and maintenance of the Cemetery. 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

13-A: Request of Sonja Brandon to address Council regarding parking problems from Ocean Avenue to 5^th Street, between Wilshire and Montana Avenues, was presented.

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

13-B: Request of Tim Dillenbeck to address Council requesting the relaxing of enforcement of the stop hours for non-amplified performers and requesting approval of a "fire hazard control permit," was presented.

The information presented was received and filed. It was the consensus of Council to direct staff to review safety issues; refer request to the Pier Restoration Corporation for input and, return to Council with a report.

14-A: Annual and unscheduled vacancy appointments to the following board and commission vacancies:

Member of the public Jerry Rubin spoke in support of the creation of a Disabilities Commission.

On order of the Mayor, the floor was opened for nominations for the various vacancies.

Mayor Genser nominated incumbent John Joyce to the vacancy on the Airport Commission. There being no other nominations, Mr. Joyce was appointed to a term ending June 30, 2004, by acclamation, with all members present.

After discussion regarding nominations to the Architectural Review Board, it was the consensus of Council to continue this matter to June 20, 2000.

Councilmember Rosenstein nominated the two incumbents Elena Allen and Lawrence Shapiro to two of the vacancies on the Arts Commission. There being no other nominations for the same seats, the two incumbents were appointed to a new term ending June 30, 2004, by acclamation, with all members present.

Councilmember Rosenstein nominated Maya Emsden to the third vacancy on the Arts Commission. There being no other nominations for this seat, Ms. Emsden was appointed for a term ending June 30, 2004, by acclamation, with all members present.

Councilmember McKeown nominated Jan Williamson to the fourth vacancy on the Arts Commission. There being no other nominations for this seat, Jan Williamson was appointed for a term ending June 30, 2004, by acclamation, with all members present.

Councilmember Holbrook nominated Jean Ann Holbrook to the fifth vacancy on the Arts Commission. It was the consensus to continue this matter to June 20, 2000, pending review of Ms. Holbrook's application.

At the request of Councilmember Feinstein the appointment to the vacancy on the Bayside District for a term ending June 30, 2004, was continued to July 11, 2000.

Councilmember Holbrook nominated the two incumbents, Mehrdad Farivar and Yong Kim, to the two vacancies on the Building and Safety Commission for terms ending June 30, 2004. There being no other nominations, the two incumbents were appointed by acclamation, with all Councilmembers present.

Councilmember McKeown nominated Audrey Parker to one unscheduled vacancy on the Accessibility Appeals Board for a term ending June 30, 2001. There being no other nominations for this seat, Ms. Parker was appointed by acclamation, with all Councilmembers present.

Councilmember Feinstein nominated John Whitbred to the second unscheduled vacancy on the Accessibility Appeals Board for a term ending June 30, 2001. There being no other nominations for this seat, Mr. Whitbred was appointed by acclamation, with all Councilmembers present.

Councilmember Bloom nominated incumbent Millie Rosenstein to one annual vacancy with a term ending June 30, 2004. There being no other nominations, Ms. Rosenstein was appointed by acclamation, with Councilmember Rosenstein abstaining, and all members present.

Councilmember Bloom nominated incumbent La Verne Ross to the second annual vacancy with a term ending June 30, 2004. There being no other nominations, Ms. Ross was appointed by acclamation, with all members present.

Councilmember Bloom nominated Rose Kaufman and Dan Cohen to the two vacant Emeritus positions, for terms ending June 30, 2002. There being no other nominations, the two incumbents were reappointed by acclamation, with all members present.

At the request of Mayor Pro Tem O'Connor, appointment to the two vacancies on the Commission on Status of Women for terms ending June 30, 2004, was continued to June 20, 2000.

Councilmember McKeown nominated incumbent Emile D. Loring to the one vacancy on the Housing Commission for a term ending June 30, 2004. There being no other nominations, Mr. Loring was appointed by acclamation, with all members present.

Mayor Pro Tem O'Connor nominated the two incumbents, Margot Alofsin and William Bolton, to two vacancies on the Landmarks Commission for terms ending June 30, 2004. There being no other nominations, the incumbents were appointed by acclamation, with all members present.

At the request of Councilmember Bloom, appointment to one vacancy on the Library Board for a term ending June 30, 2004, was continued to June 20, 2000.

Mayor Genser nominated incumbent Russell Barnard to the one vacancy on the Personnel Board for a term ending June 30, 2005. There being no other nominations, Mr. Barnard was appointed by acclamation, with all members present.

At the request of Councilmember McKeown, appointment to two seats on the Planning Commission for terms ending June 30, 2004, was continued to June 20, 2000.

Councilmember Bloom nominated Heather Trim to one seat on the Recreation and Parks Commission for a term ending June 30, 2004. There being no other nominations, Ms. Trim was appointed by acclamation, with all members present.

Councilmember McKeown nominated incumbent Frank Schwengel to a second seat on the Recreation and Parks Commission for a term ending June 30, 2004. There being no other nominations, Mr. Schwengel was appointed by acclamation, with all members present.

At the request of Councilmember Bloom, appointment to the third vacancy on the Recreation and Parks Commission was continued to June 20, 2000.

Councilmember Feinstein nominated the two incumbents D. Anthony Ephriam and Chuck Perliter, to two seats on the Social Services Commission with terms ending June 30, 2004. There being no other nominations, the two incumbents were appointed by acclamation, with all members present.

14-B: Request of Councilmember McKeown to direct staff to prepare an interim ordinance requiring public discretionary review of any commercial project exceeding five thousand square feet which abuts or is separated by an alley from residentially zoned property, including mobile home parks, was presented.

Members of the public Bob Seldon and Lewis Perkins spoke in support of the request.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve request amended to include areas other than residential. The motion was approved by the following vote:

AYES: Councilmembers McKeown, Feinstein, Bloom,

Mayor Genser

NOES: Councilmembers Holbrook, Rosenstein,

Mayor Pro Tem O'Connor

ABSENT: None

Councilmember Rosenstein stated, for the record, that he voted against the motion because he believes it will bog the City down and lead to larger-scale development in the City.

14-C: Request of Councilmember Feinstein to direct staff to analyze the City's ability to enact policies regarding minimum wages and benefits for people working for City contractors, lessees and grantees; and to return with options to promote this.

Member of the public Lewis Perkins spoke in support of the request.

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to approve request. The motion was approved by voice vote, with Councilmember Holbrook voting in opposition, and all members present.

Member of the public Pro Se spoke in support of a Disabilities Commission. Jerry Rubin spoke in support of prohibiting smoking in public vehicles.

On order of the Mayor, the City Council recessed to closed sessions at 10:50 p.m., and reconvened at 11:38 p.m., with Mayor Pro Tem O'Connor absent.

16-A: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining Units: Santa Monica Police Officers Assn.

ACTION: Not heard.

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

Number of cases: Five.

ACTION: Three cases heard. Action taken on one case was as follows: Motion by Councilmember Holbrook, seconded by Councilmember Bloom, to approve $20,000 settlement regarding the Project New Hope case for construction delays. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Genser

NOES: None

ABSENT: Mayor Pro Tem O'Connor

16-C: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of Santa Monica, Case No. BC 172044.

ACTION: Not heard.

16-D: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. BC 230106.

ACTION: Heard. No reportable action taken.

16-E: Conference with Legal Counsel - Existing Litigation: Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007078.

ACTION: Heard. No reportable action taken.

16-F: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Walther, Case No. SC 043522.

ACTION: Not heard.

On order of the Mayor, the City Council meeting was adjourned at 11:40 p.m., to June 20, 2000, in memory of Robert Kline.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor