CITY OF SANTA MONICA

CITY COUNCIL MINUTES

AUGUST 8, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:15 p.m., on Tuesday, August 8, 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 6:15 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 7:29 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

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 discussed Item 6-L; Ronn Pickard spoke in favor of Item 6-O; Jerry Rubin spoke in support of Item 6-I; Heather Olivier discussed the need for sidewalk repairs, Item 6-M; and Chuck Allord expressed concerns regarding Item 6-J.

Motion by Councilmember McKeown, seconded by Councilmember Holbrook, to approve all items, on the Consent Calendar, 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, Holbrook, Mayor Pro Tem O'Connor, and Mayor Genser

NOES: None

ABSTAIN: Councilmember Rosenstein

ABSENT: None

6-A: The minutes of April 18 and May 2, 2000, were approved.

6-B:Resolution No. 9558 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Recommendation to award Bid No. 2792 to Ford West, in the amount of $26,112.07, as part of the City's Vehicle Replacement Program, was approved.

6-D: Construction of Santa Monica Airport Landscaping, Irrigation and Drainage Improvements - recommendation to authorize the City Manager to negotiate and execute Contract No. 7751 (CCS) with Pima Corporation, in the amount of $207,810, for construction of the landscaping, irrigation and drainage improvements to the Santa Monica Airport, was approved.

6-E: Resolution designating representatives to sign California Office of Emergency Services and Federal Emergency Management Agency documents on behalf of the City of Santa Monica - Resolution No. 9559 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING REPRESENTATIVES TO SIGN CALIFORNIA OFFICE OF EMERGENCY SERVICES AND FEDERAL EMERGENCY MANAGEMENT AGENCY DOCUMENTS ON BEHALF OF THE CITY OF SANTA MONICA," was adopted.

6-F: Recommendation to authorize the City Manager to award a purchase order to Knoll, Inc., in the amount of $63,483.74, to furnish, deliver and install modular office work space furnishings for the Building and Safety Division, was approved.

6-G: Contract amendment for provision of interim planning services for the Planning Division - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7510 (CCS) with Willdan Associates, in the amount of $83,129, to provide additional interim planning services, was approved.

6-H: Contract for license extension for use of software for Human Resources and Payroll programs - recommendation to authorize the City Manager to negotiate and execute Contract No. 7752 (CCS) with PeopleSoft, Inc., in the amount of $27,063, for an extended enterprise license to the City's existing software program, was approved.

6-I: Recommendation to set a public hearing for October 24, 2000, to reconsider denial of meritorious sign appeal for the Marquis West Restaurant, was approved.

6-J: Adoption of local Implementation Report on the City's Congestion Management Goals and adoption of resolution finding that the City is in compliance with the 1999 Congestion Management Programs - Resolution No. 9560 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089," was adopted.

6-K: Contract amendments for the construction of the Pacific Coast Highway Sewer Replacement Project and appropriation of funds - recommendation to authorize the City Manager to negotiate and execute: an amendment to Contract No. 7490 (CCS) with Modern Continental Construction Company to delete a portion of the construction work and to resolve various compensation issues; an amendment to Contract No. 7476 (CCS) with Black & Veatch, Inc., up to the amount of $1,368,037, for construction management services; an amendment to Contract No. 7216 (CCS) with Montgomery Watson Americas, up to the amount of $404,000, for design and Engineer of Record services; an amendment to Contract No. 7355 (CCS) with Harris and Company, up to the amount of $259,000 for community outreach service for Pacific Coast Highway Project; and approval of appropriation of funds as proposed in the staff report, was approved.

6-L: Resolution establishing Year 2000 Maximum Allowable Rents and Purchase Prices for the Inclusionary Housing Program, and resolution establishing Year 2000 Maximum Allowable Rents for the Affordable Housing Production Program - Resolution No. 9561 (CSS)(Inc. Hsg. Prog.), entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE 2000 MAXIMUM ALLOWABLE RENTS AND MAXIMUM ALLOWABLE PURCHASE PRICES FOR THE INCLUSIONARY HOUSING PROGRAM," and Resolution No. 9562 (CCS)(Aff. Hsg. Prog.) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE 2000 MAXIMUM ALLOWABLE RENTS FOR THE AFFORDABLE HOUSING PRODUCTION PROGRAM," were adopted.

6-M: Contracts for Street Improvement Project for street resurfacing, slurry sealing, and repairs to curbs, gutters, curb ramps, bus pads and sidewalks - recommendation to authorize the City Manager to negotiate and execute Contract No. 7753 (CCS)(All American) with All American Asphalt, in the amount of $3,345,810, for the construction of the Street Improvement Project on various City streets; and negotiate and execute Contract No. 7754 (CCS)(CMI) with Construction Management Inspection, in the amount of $198,320, for construction management services of the project, were approved.

6-N: Recommendation to approve Street Closure Policy for community events, was approved.

6-O: Resolution authorizing the holding of the U.S. Constitution Day Parade on September 16, 2000, on a route other than the official City Parade Route, and recommendation to waive costs - recommendation to waive costs was approved and Resolution No. 9563 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON SEPTEMBER 16, 2000, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was adopted.

END OF CONSENT CALENDAR

Councilmember McKeown was excused at 7:44 p.m.

7-A: Appeal of Planning Commission denial of Conditional Use Permit 98-047 and Vesting Tentative Tract Map 52649 to allow construction of a ten-unit condominium project with twenty-two subterranean parking spaces at 834-838 16th Street, and recommendation to deny the appeal and uphold the Planning Commission's decision. Applicant/Appellant: Norman Salter, was presented.

Councilmember McKeown recused himself due to a potential conflict of interest.

On order of the Mayor, the public hearing was opened. Norman Salter, Applicant, and Mr. Kutcher, representing the Applicant, spoke in support of the appeal.

The following members of the public spoke in opposition of the appeal and against the project: Joey Fullmer, Joan Stambler, Louise Gibson, Beverly Sokol, Lila Fink, Fred Fink, Michael Klurfeld, Eileen Holz, and Pam Vavra.

The following members of the public spoke in support of the appeal and in favor of the project: Jim Taylor, Nancy Breitman, Nancy MacDonald, and Harvey Goodman.

Motion by Councilmember Rosenstein, seconded by Councilmember Holbrook, to refer the matter back to the Planning Commission and ask the Commission to look at the offers to make changes made by the developer, and to consider the views of the neighborhood to determine if the project can be refined to be acceptable to the neighborhood.

Motion to amend by Councilmember Rosenstein, to remand the matter to the Planning Commission with the requirement that the developer hold a meeting to assess the concerns in the neighborhood, and to make the plans available to the public. The motion was accepted as friendly. The motion failed by the following vote:

AYES: Councilmembers Holbrook and Rosenstein

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

ABSENT: Councilmember McKeown

Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to deny the appeal based on the findings and conditions included in the staff report and the comments made during the meeting. The motion carried by the following vote:

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

NOES: Councilmembers Rosenstein and Holbrook

ABSENT: Councilmember McKeown

Councilmember McKeown returned at 8:45 p.m.

8-A: Second reading and adoption of interim Ordinance No. 1981 entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 6.14.040(D) AND MODIFYING THE DEVELOPMENT STANDARDS IN THE RVC DISTRICT TO ALLOW FORTUNETELLING AS A PERMITTED USE ON OCEAN FRONT WALK WITHIN THE RVC DISTRICT (Ordinance introduced July 11, 2000)," was presented.

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

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

NOES: None

ABSENT: None

8-B: Second reading and adoption of Ordinance No. 1982 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 6.112.020 RELATING TO STREET PERFORMANCE TO RESTRICT VENDING (Ordinance introduced on July 25, 2000)," was presented.

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

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

NOES: None

ABSENT: None

8-C: Second reading and adoption of Ordinance No. 1983 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE CITY'S TRANSPORTATION MANAGEMENT PLAN ORDINANCE (Ordinance introduced on July 25, 2000)," was presented.

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 carried by the following vote:

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

NOES: None

ABSENT: None

8-D: Introduction and adoption of emergency interim Ordinance No. 1984 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING AND AMENDING 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," was presented.

On order of the Mayor, the public hearing was opened. The following members of the public addressed the Council regarding the proposed ordinance: Joey Fullmer, Chuck Allord, and Brian Hutchings.

Motion by Councilmember Feinstein, seconded by Mayor Genser, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion carried by the following vote:

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

NOES: Mayor Pro Tem O'Connor

ABSENT: None

On order of the Mayor, the City Council recessed at 9:00 p.m., and reconvened at 9:08 p.m., with all members present.

9-A: Approval of conceptual Crosswalk Enhancements and Street Modifications for Wilshire, Santa Monica, Broadway and Ocean Park Boulevards; authorization to staff to proceed with preparation of construction drawings and specifications, was presented.

On order of the Mayor, the public hearing was opened. The following members of the public spoke in opposition to the proposal: Ellen Hannan, Luanice Frank, Bob Seldon, Lewis Perkins, and Robin Waner.

The following members of the public spoke in support of the proposal: Ed Moosbrugger, Ulysses Gabson, and Daniel Ehrlers. Members of the public Chuck Allord, Heather Olivier, Karen Blechman, Giles Smith, Paula Goldman, Jerry Rubin, Kelly Olsen and Mukul Ram expressed various concerns and provided suggestions.

Councilmember Rosenstein was excused at 9:55 p.m.

Councilmember Rosenstein advised that he had a conflict of interest with the Broadway portion of the action and requested that the portion be separated from the other items, and discussed first during his absence.

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor, to authorize staff to proceed with preparation of construction drawings and specifications for Broadway Boulevard. The motion carried by the following vote:

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

NOES: Councilmember Holbrook

ABSENT: Councilmember Rosenstein

Councilmember Rosenstein returned at 10:21 p.m.

Motion by Councilmember Feinstein, seconded by Councilmember O'Connor, to approve the remainder of the staff recommendation and directing staff to look at the intersection of 26^th and Washington and report to Council. The motion was approved by the following vote.

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

NOES: Councilmember Holbrook

ABSENT: None

13-A: Request of Naia Sheffield to address Council regarding preserving the "Boathouse Restaurant" on the Santa Monica Pier, was presented.

The following members of the public spoke in support of the request: Jerry Rubin, Joe Natoli, Charles Boehme, Rich Howard, Kenny Batch, Laura Canellias, Joe Sheffield, David Brown, Sonja Braga, Michael Cladis, Del San Jose, Lea Haushern, Cindy Northrop, William Moore, Allan D., Ron Foster, and Marcia Shreiber.

The following members spoke in opposition to the request: Arthur Harris, Ellen Brennan.

Motion by Councilmember Rosenstein, to suspend the on-going process for soliciting tenants and solicit widespread public input. Motion died for lack of a second.

Motion by Councilmember Rosenstein, seconded by Councilmember Holbrook, to direct the City Manager to not sign any potential lease until Council has acted on the Services Agreement with the Pier Restoration Corporation. The motion was unanimously approved by voice vote, with all members present.

Councilmember Holbrook was excused at 1:00 a.m.

14-A: Acceptance of John Given's letter of resignation from the Housing Commission and authorization for the City Clerk to publish the vacancy.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to accept the letter with regrets. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

14-B: Acceptance of James Lunsford's letter of resignation from the Landmarks Commission and authorization for the City Clerk to publish the vacancy.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember McKeown, to accept the letter with regrets. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

14-C: Acceptance of Lee Mizell'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. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

14-D: Request of Mayor Genser to direct staff to analyze and return with recommendations to assure that all workers in the City of Santa Monica are afforded the minimum protections guaranteed by State law with respect to minimum wages and fair labor standards, was presented.

Motion by Mayor Genser, seconded by Councilmember Feinstein, to approve request. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

14-E: Request of Councilmember Bloom that the Council adopt a resolution conveying concern over the cessation of the agreement between Blue Cross Insurance and St. John's Health Center (which will result in the inability of thousands of Santa Monica residents, visitors, and employees who are insured by Blue Cross to utilize St. John's for their health care needs); and request that staff report back on options available to join with other interested agencies and organizations to advocate for more effective County, State and Federal health care policies and funding initiatives. Include contact with Blue Cross, St. John's, Santa Monica-UCLA Medical Center, the Westside Health Coalition and representatives of the State of California Department of Managed Care, as well as and State and Federal elected officials, was presented.

Motion by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, to approve request. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

14-F: Request of Councilmembers McKeown and Rosenstein to modify commercial filming permits to afford greater protection for public safety, traffic flow and the ongoing business of the community, was presented.

The following members of the public spoke in support of the request: Terren Beasor, Steve Caplan, Phil Brock, Irwin Keyes, Vicky Keyes, Andy Milder, Bob Carlson, David Clennon, Donna Dacalla, Elliot Woods, Dan Navarro, Brian Hutchings, Googy Gress, Lisa Robins, David Jolliffe, and Sarah Michaels.

Motion by Councilmember McKeown, seconded by Councilmember Rosenstein, to direct staff to modify the commercial filming permits to ask four mandatory questions: a) how much street space will be affected by the work; b) do you anticipate any disruptions other than those caused by the filming itself; c) do you have cause to expect labor demonstrations; e) is the work to be done the subject of any labor dispute.

Motion to amend by Councilmember Rosenstein, to add a fifth question to ask: "Has the applicant taken out additional permits, and if so, which," and that the modifications be in effect for six months, and that staff return to Council to determine if they are still needed. Motion accepted as friendly.

Motion to amend by Mayor Genser, that staff return with information on having a fee for filing false permits. Motion accepted as friendly. The main motion, as amended, was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

The following members of the public spoke: Pro Se spoke in support of a Disabilities Commission. Bernard Kessler spoke in support of individuals exercising first amendment rights on the Santa Monica Pier. Tim Dillinbeck spoke in support of permitting the use of various equipment to blow bubbles at the Promenade and the Pier.

16-A: 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.