CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem O=Connor at 6:14 p.m., on Tuesday, November 14, 2000, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ken Genser (arrived at 8:34 p.m.)
Mayor Pro Tem Pam O=Connor
Councilmember Richard Bloom
Councilmember Michael Feinstein
Councilmember Robert T. Holbrook (arrived at 7:29 p.m.)
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 Mayor Pro Tem O=Connor, the City Council convened at 6:14 p.m., and then adjourned to consider closed sessions, with Mayor Genser and Councilmember Holbrook absent. Action taken on closed sessions was reported at the end of the meeting.
On order of the Mayor Pro Tem, the City Council reconvened at 7:15 p.m., with Mayor Genser and Councilmember Holbrook absent. Councilmember Rosenstein 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.
Members of the public Joy Fullmer and Chuck Allord voiced general comments on various items on the consent calendar.
Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to approve all items 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, Mayor Pro Tem O=Connor
NOES: None
ABSENT: Mayor Genser, Councilmember Holbrook
6-A: Recommendation to approve minutes of May 30 and May 31 regular, May 31 special, and June 20, 2000, regular City Council meetings, was approved.
6-B: Earthquake Recovery Resolution - Resolution No. 9591 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY,@ was adopted.
6-C: Rejection of bids for purchase of curb and gutter machine - recommendation to reject bids submitted by Terry Equipment, Inc., and Nixon-Egli Equipment Company, and direct staff to research open market for additional competitive bids, was approved.
6-D: Purchase of Parking and Traffic Control signs - recommendation to award a purchase order to Zumar Industries, Inc., at specified unit prices for an estimated annual expenditure of $150,000, to purchase parking and traffic control signs for the Planning & Community Development Department, was approved.
6-E: Senior Recreation Center Improvements Project in Palisades Park - recommendation to authorize the City Manager to negotiate and execute Agreement No. 7839 (CCS) with Pugh Scarpa Architects, in the amount of $160,000, to provide architectural services for the project, was approved.
6-F: Document conversion services for electronic storage of City's official records - recommendation to approve a purchase order with PC Imaging, Inc., in the amount of $70,000, to convert legislative history documents to electronic format in the City Clerk=s Office, was approved.
6-G: Lease for office space for City offices - recommendation to authorize the City Manager to negotiate and execute ten-year Lease Agreement No. 7840 (CCS) with Equity Office Properties Trust for office space for the City=s Transportation Management/ Parking Operations and Parking Citation Hearing Offices, was approved.
6-H: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7841 (CCS) with Richard Berliner Architect, in the amount of $60,000, for design services for the project, was approved.
6-I: Resolution approving Records Retention Schedules - Recommendation to adopt Resolution No. 9592 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING NEW RECORDS RETENTION SCHEDULES FOR THE ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT AND THE RESOURCE MANAGEMENT DEPARTMENTS, AND APPROVING REVISED SCHEDULES FOR THE CITY ATTORNEY=S OFFICE, CITY CLERK=S OFFICE, CITY MANAGER=S OFFICE, AND THE FINANCE DEPARTMENT,@ was adopted.
6-J: Lobby and restroom area renovation project for Parking Structures 1, 2, 3, 4, and 6 - recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 7842 (CCS) with Richard Berliner Architect, in the amount of $300,000, to design the renovation project, was approved.
6-K: Recommendation to adopt Resolution No. 9593 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING NO. 7843 (CCS) WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR RECEIPT OF GRANT FUNDING OF THE PROJECT@; to negotiate and execute Contract No. 7844 (CCS) with Wei Koo & Associate, in the amount of $115,000, to design the soundwall project; and, approve proposed budget actions, was approved.
6-L: Recommendation to authorize the City Manager to negotiate and execute Agreement No. 7845 (CCS) for completion of public improvements, and to adopt Resolution No. 9594 (CCS) entitled: AA RESOLUTION OF THE A CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 52875 TO SUBDIVIDE THE PROPERTY,@ was approved.
6-M: Recommendation to authorize the City Manager to increase the City=s Environmental Impact Report (EIR) Professional Services Contract No. 7444 with Terry A. Hayes Associates from $65,000 to $95,000 for the Big Blue Bus Facility Expansion Master Plan, was approved.
Councilmember Holbrook arrived at 7:29 p.m.
7-A: Recommendation to deny Marquis West=s appeal of its exclusion from the Final Meritorious Sign List and recommendation to City Council regarding hearing procedures, was presented. Appellant: Marquis West Restaurant, 3110 Santa Monica Boulevard.
On order of the Mayor Pro Tem, the public hearing was opened. Members of the public Gregory P. Humphries, Denny Sachen, and Jerry Rubin spoke in support of the appeal.
Motion by Councilmember Holbrook, to uphold the appeal. The motion died for lack of a second.
Motion by Councilmember Bloom, seconded by Councilmember Feinstein, to deny the appeal. The motion was approved by the following vote:
AYES: Councilmembers Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O=Connor
NOES: Councilmember Holbrook
ABSENT: Mayor Genser
8-A: Introduction and adoption of an emergency interim ordinance/or introduction and first reading of an ordinance to modify Article IX of the Santa Monica Municipal Code relating to Development Review Thresholds in the RVC Residential Visitor Commercial District, various other Commercial Districts, M1 Industrial Conservation District and LMSD Light Manufacturing and Studio District to 7,500 square feet.
On order of the Mayor Pro Tem, the public hearing was opened. In addition to speakers heard at the meeting of October 24, the following members of the public spoke regarding the effects of the proposed ordinance: Mark Groner, Chris Harding.
The public hearing was closed. On order of the Mayor Pro Tem, and with the consensus of Councilmembers present, this matter was delayed to later in the meeting to allow Mayor Genser to be present.On order of the Mayor, having arrived at 8:34 p.m., this matter was taken up again. Staff provided a supplemental report.
Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and including options 2 and 3 of the supplemental staff report, the options being: (2) exempt mixed-use projects that contain a minimum of 80% of floor area devoted to multi-family residential uses, and (2) exempt projects that contain 100% affordable housing units deed-restricted to households with incomes 80% of median income or less. In addition, to direct staff to work with the Bayside District on the issue of thresholds, and amending page 7 of the proposed ordinance to delete the date ADecember 8" and insert A45 days.@ The motion was approved by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser
NOES: Councilmembers Rosenstein, Holbrook, Mayor Pro Tem O=Connor
ABSENT: None
Councilmember Holbrook requested that the record reflect he voted against this motion because it will encourage larger buildings to be developed.
8-B: Introduction and first reading of an ordinance entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 7.10 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO URBAN RUNOFF POLLUTION.@
Member of the public Mark Gold spoke in support of the ordinance. Joey Fullmer expressed various concerns.
Motion by Councilmember McKeown, seconded by Councilmember Rosenstein, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amending with staff=s recommended added language on page 8, subsection 3, as follows:. A. . . building materials and lawn and automotive care products containing . .@ The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O=Connor
NOES: None
ABSENT: Mayor Genser
8-C: Introduction and first reading of an ordinance entitled: AAN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 6.72 OF THE SANTA MONICA
MUNICIPAL CODE (UTILITIES TAX) TO EXCLUDE GAS USED TO PROPEL
VEHICLES FROM THE TAX.@
On order of the Mayor Pro Tem, the public hearing was opened. Member of the public Sharon
O=Rourke spoke in support of the proposed ordinance.
Quincy and Chuck Allord spoke in opposition to the proposed ordinance.
Motion By Councilmember Rosenstein, seconded by Councilmember Feinstein, to introduce and
hold first reading of 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
NOES: None
ABSENT: Mayor Genser
Mayor Genser arrived at 8:34 p.m.
10-A: Recommendation to hold a public hearing and receive public input; adopt Resolution No. 9595 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE MOUNTAIN VIEW MOBILE HOME PARK LOCATED AT 1930 STEWART STREET;@ authorize the City Manager to negotiate and execute Purchase Agreement No. 7846 (CCS) with Ring Trading Corporation for the acquisition of said property; and approve proposed budget changes, was presented.
The following members of the public spoke in favor of the recommendation: Joey Fullmer, Ken Ward, Phyllis Goff, Belva Carlson, Marcile Sullivan, Pro Se, Barbara Kessel, Randy Walburger, and Mike Hungerford.
Motion by Councilmember Rosenstein, seconded by Mayor Pro Tem O=Connor, to adopt the resolution, 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
Motion by Councilmember Bloom, seconded by Mayor Pro Tem O=Connor, to approve the award of the contract and the proposed budget changes. The motion was approved by the following vote:
AYES: CouncilmembersBloom, Feinstein, McKeown, Rosenstein, Mayor Pro Tem O=Connor, Mayor Genser
NOES: None
ABSTAIN: Councilmember Holbrook
ABSENT: None
City Attorney, Marsha Moutrie, included as part of this item a report, and Council voted on action taken for closed session item 16-B, below.
Mayor Genser being present, the City Council returned to complete action on item 8-A.
Councilmember Holbrook was excused at 12:42 a.m.
12-A: Adoption of Resolution No. 9596 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING PREFERENTIAL PARKING ZONE AXX@ TO INCLUDE 9TH, 10TH, 11TH, 12TH, AND EUCLID STREETS BETWEEN WILSHIRE BOULEVARD AND COLORADO AVENUE; AND ARIZONA AVENUE BETWEEN LINCOLN BOULEVARD AND 14TH STREET@; and approval of proposed budget adjustments, was presented.
The public hearing was opened. The following members of the public spoke in support of the recommendation: Emil Cantalupo, Ann Savage, Annette Levy, Debbie Mahdessian, Ted Catanzaro, Janina Krupa, Paulo Vianna, Vincent Staraci, Susan Oldfield, David Brown, Tammy Long, Susan Suntill, Richard Teisan,, Michael Gantman, Chuck Allord, and Carissa Drucker.
The following members of the public spoke in opposition to the recommendation: Warren Berman, Mark Harding, Tom Hazard, John Gartman, Robert Horton, Daniel Lehrer, Cindy Wasson, Kristin Perkl, Chris Harding, Ken Kutcher, Donna Block, and David Shender.
Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to continue past 11:00 p.m. The motion was approved by voice vote, with Councilmembers Rosenstein and Holbrook voting in opposition.
Motion by Councilmember Bloom, seconded by Mayor Genser, to approve budget adjustments and adopt resolution, amended to change preferential parking to the hours between 7:00 a.m. and 2:00 a.m.
Motion to amend by Mayor Genser, to allow for neighborhood input as to when staff is considering making decisions regarding business permits. Motion accepted as friendly.
Motion to amend by Councilmember Bloom, that staff be proactive in notifying residents if various concepts and options available. Motion accepted as friendly.
Motion to amend by Councilmember Feinstein, to make it clear that angle parking is an available option. Motion accepted as friendly.
Motion to amend by Councilmember Feinstein, to reduce to 60 days the business permit survey proposed by staff. The motion was accepted as friendly by the maker, but not by the seconder of the main motion. The motion to amend died due to lack of a second.
Motion to amend by Councilmember Rosenstein, that signs not be installed for six months and to direct staff to work with community to find and implement as many solutions as possible before the signs are installed. The motion died due to lack of a second.
The main motion, as amended, was approved by the following vote:
AYES: Councilmembers Bloom, Feinstein, McKeown,
Mayor Pro Tem O=Connor, Mayor Genser
NOES: Councilmember Rosenstein
ABSENT: Councilmember Holbrook
13-A: Request of Adrian Johnson to address Council regarding obtaining overnight parking permits at the beach parking lots.
Mr. Johnson was not present to address Council. On order of the Mayor, the information was received and filed.
Mayor Genser was excused at 12:55 a.m.
13-B: Request of Kelly Landis to address Council requesting a review, discussion and revision of ADA/Affirmative Action policies and programs relating to City employment for the disabled, was presented.
Mayor Genser was excused. Mayor Pro Tem O=Connor assumed the seat of Mayor and opened the public hearing. Members of the public Carol Snider and Jerry Rubin spoke in support of the request.
There was no formal action taken on this item. On order of the Mayor Pro Tem, the information was received and filed.
14-A: Appointment to two unscheduled vacancies on the Commission on Older Americans. One for a term ending June 30, 2003 (continued from October 24, 2000) and one for a term ending June 30, 2001.
On order of the Mayor Pro Tem, the floor was opened for nominations. Councilmember Bloom nominated Lisa Janti for a term ending June 30, 2003. Ms. Janti was appointed by acclamation, with Councilmember Holbrook and Mayor Genser absent.
Councilmember Bloom nominated Ed Musika for a term ending June 30, 2001. Mr. Musika was appointed by acclamation, with Councilmember Holbrook and Mayor Genser absent.
14-B: Appointment to one unscheduled vacancy on the Landmarks Commission for a term ending June 30, 2002.
On order of the Mayor Pro Tem, this matter was continued to November 28, 2000.
14-C: Appointments to two full terms on the Pier Restoration Corporation for terms ending November 10, 2004.
On order of the Mayor Pro Tem, the floor was opened for nominations. Councilmember McKeown, on behalf of Mayor Genser, nominated Ellen Brennan for a term ending November 10, 2004. Ms. Brennan was appointed by acclamation, with Councilmember Holbrook and Mayor Genser absent.
On order of the Mayor Pro Tem, the second vacancy was continued to November 28, 2000.
14-D: Appointment to one unscheduled vacancy on the Arts Commission for a term ending June 30, 2002.
On order of the Mayor Pro Tem, the floor was opened for nominations. Councilmember McKeown nominated Harriet Beck for a term ending June 30, 2002. Ms. Beck was appointed by acclamation, with Councilmember Holbrook and Mayor Genser absent.
It was the consensus of Council to combine items 14-E and 14-F.
14-E: Request of Councilmember McKeown that staff research recommendations to Council on how a more stable electric power system can be effectuated for the welfare and safety of residents and local institutions and businesses.
14-F: Request of Councilmember Rosenstein to authorize staff to take aggressive action to insure reliable electrical power service to Santa Monica residents and businesses. Steps taken may include: pursuing a rate decrease and opposing Edison=s current rate increase proposal; monetary claims against Edison for damages from power failures; and, legal action and requests for assistance from the Public Utilities Commission.
Motion by Councilmember Rosenstein, seconded by Councilmember McKeown, to approve request.
Motion to amend by Councilmember Bloom, to direct staff to provide a contact person for public input. The motion was accepted as friendly. The main motion, as amended, as unanimously approved by voice vote, with Councilmember Holbrook and Mayor Genser absent.
PUBLIC INPUT: The following members of the public spoke: Carol Snider congratulated newly-elected Councilmembers; Joseph Natali expressed concerns regarding the Pier Restoration Corporation; Darlene McNama discussed landlord-tenant issues; Art Casillas expressed concerns regarding the Police Department; Chuck Allord spoke in opposition to allowing speakers to speak out of order; Glenn Lingle spoke in support of water fluoridation.
16-A: Conference with Legal Counsel - Existing Litigation: Douglas Heller, et al. v. City of Santa Monica, et al., Case No. SS 009558.
ACTION: Heard. No reportable action taken.
16-B: Conference with Legal Counsel - Existing Litigation: Ring Trading Corp. v. City of Santa Monica, Case No. BC 172 044 (consolidated with Mountain View Mobile Inn Residents Association, Inc. v. City of Santa Monica, et al., Case No. SC 052 672.
Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve Settlement Agreement No. 7868 (CCS) as follows: City to purchase Mountain View Mobile Inn and 36 coaches for $6,657,000 (plus transaction costs); no deed restriction to be imposed by Ring Trading; Escrow to close no later than 3 business days from execution of purchase agreement; City to continue operating landfill gas extraction system; Ring Trading and City shall exchange mutual releases of liability; City will defend and indemnify Ring from lawsuits brought by tenants; Ring will fix identified code violations and City will contribute $200,000 towards repairs and upgrades; appropriate $95,000 from General Fund Account No. C01099201.589000-720-262, which is to be paid to Ring Trading Corporation in settlement of the lawsuit and in partial consideration for the sale of the mobile home park. (Also see action taken on 10-A.) The 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
16-C: Conference with Legal Counsel - Existing Litigation: Ray Hart v. City of Santa Monica, Case No. SC 058 435.
ACTION: Not heard.
16-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica V. Shell Oil Company, et al., Case No. 313004.
ACTION: Not heard.
16-E: Conference with Legal Counsel - Existing Litigation: U-Haul Company, et al., v. City of Santa Monica, Case No. CV 00-10225 NM (Rzx)
ACTION: Not heard.
16-F: Conference with Legal Counsel - Existing Litigation: David Levy, et al., v. City of Santa Monica, Case No. SC 063147.
ACTION: Heard. No reportable action taken.
16-G: Conference with Legal Counsel - Existing Litigation: James Bell v. City of Santa Monica, Case No. BC 052215.
ACTION: Not heard.
16-H: Conference with Legal Counsel - Claim against the City of Santa Monica: Claim No. CSM 00-0820 - Alice Fellows.
ACTION: Not heard.
16-I: Conference with Legal Counsel - Claim against the City of Santa Monica: Claim No. CSM 00-0822 - Sleep 'n Aire.
ACTION: Not heard.
ADJOURNMENT
On order of the Mayor Pro Tem, the regular meeting of the City Council was adjourned at 1:45
a.m., to November 28, 2000, in memory of La Verne King Weaver, Glen Richard Marsden and
Dr. William Coleman.
ATTEST:
Maria M. Stewart, City Clerk
APPROVED:
Ken Genser, Mayor