M-10/12/1999 (4)
1048
CITY OF SANTA MONICA
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CITY COUNCIL MINUTES
OCTOBER 12, 1999
A regular meetmg of the Santa Monica CIty Council was called to order by Mayor O'Connor at
620 pm. on Tuesday. October 12. 1999, at City Council Chambers. 1685 Mam Street
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councilmember Richard Bloom
Councilmember Michael Feinstein
Councilmember Robert T. Holbrook (amved at 7:25 p.rn.)
Councilmember Kevin McKeown
Counctlmember Paul Rosenstein
Also Present City Manager John Jallh
CIty Attorney Marsha Jones Moutne
City Clerk Mana M. Stewart
CLOSED SESSIONS On order of the Mayor the City Councll convened at 6:20 p.rn., with
Councilmember Holbrook absent, and adjourned to consider closed sessIons I
RECONVENEIPLEDGE On order ofthe Mayor the CIty Council reconvened at 7 19 p.rn., and took
action on the followmg closed session:
16-G: Conference with Real Property Negotiators:
Property: 820 Broadway
City Negotiators: Jeff Mathieu, City representative
Owners of Record: 828 Broadway Associates, LLC
Under Negotiation: Acquisition or Real Estate Property.
Motion by Mayor Pro Tern Genser, seconded by CouncIlmember McKeown,
to dlfect staff to terminate dISCUSSion regarding poSSible acqwsition oftlus
property. The motion was approved by the followmg vote
AYES:
Councilmembers Bloom, Femstem. McKeovm,
Mayor Pro Tern Genser, Mayor O'Connor
Councilmember Rosenstein
CouncIlmember Holbrook
NOES:
ABSENT:
October 12. 1999
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SPECIAL JOINT
MEETING~
FY 1998-99' BUDGET
YEAR END REVIEW
Counellmember Holbrook
arrived at 7 25 p m
1049
On order of the :Mayor, the regular meeting oftbe City Council recessed at
723 p.m, to ajomt meeting WIth the Housmg Authonty, the Parking
Authonty, and the Redevelopment Agency
CC/HAlPAIRA-I: Fiscal Year 1998-99 Year-End Review of Operating
and Capital Improvements Program budgets and Departmental
Performance; Fiscal Year 1998-99 report on emergency purchases;
changes for implementation of Fiscal Year 1999-00 budget; and,
resolution establishing various new classifications and adopting various
new salary rates.
On order of the Mayor, the publIc hearmg was opened. Members ofthe
publIc Joy Fullmer and Brian Hutchings expressed various concerns
MotIon by Counctlmember Femstein, seconded by lvIayor Pro Tern Genser.
to approve the budget changes as proposed by staff. The motIon was
approved by the following vote:
AYES:
Counctlmembers Bloom, Femstem, McKeov.n, Rosenstem,
Holbrook. Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES:
ABSENT
MotIon by Counctlmember McKeown, seconded by Counctlmember Bloom.
to adopt Resolution No 9449 (CCS) entItled '"A RESOLUTION OF THE
CITY OF SANTA MONICA ESTABLISHING VARIOUS NEW
CLASSIFICATIONS AND ADOPTING VARIOUS NEW SALARY
RATES," readmg by tItle only. and waI'vlllg further readmg thereof The
motIon was approved by the followmg vote
AYES:
Councilmembers Holbrook, RosensteIn, McKeown,
Feinstein, Bloom, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES'
ABSENT
On order of the Mayor, the joint meeting of the CIty Council, the Housing
Authority. the Parking Authonty, and the Redevelopment Agency adjourned
at 7:36 p.m, and reconvened to a speclllljoint meetmg ofthe CIty Counctl.
the Parkmg Authonty and the Redevelopment Agency.
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October 12, 1999
1050
SPECIAL JOINT
MEETING:
SANTA MONICA PLACE
CONSENT CALENDAR:
CCIPAIRA-l Recommendation to authorize the City Manager/
Executive Director to negotiate and execute all appropriate documents I
including but not limited to the Termination of Payment Agreement
between Santa MOnIca Place Associates and the City of Santa Monica.
Motion by Councilmember Bloom, seconded by Councilmember Femstem.,
to approve a settlement as follows' $5 million lump sum from Santa Monica
Place Association and Ralph's Company to be paid to the City upon close of
escrow, payment agreement to tennmate upon close of escrow, City to
cooperate WIth Buyer/Seller in c10smg of escrow; Buyer/Seller to cooperate
with City and County Assessor's office regarding economic valuation ofthe
property, and, authorization to the CIty Manager and the ExecutIve Director
to negotIate and execute all necessary documents for the transactlon The
motion was approved by the following vote.
AYES:
CouncIlmembers Bloom, Feinstem, McKeO\vn. Rosenstem.,
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES:
ABSENT
On order of the Mayor. the specialJomt rneetmg adJourned, and the CIty
CouncIl reconvened to the regular Council meetmg at 7.41 p ffi., with all
members present.
The Consent Calendar was presented, whereby all Items are considered and I
approved m one motIon unless removed from the calendar for dIscussIOn
Members of the public Brian Hutchings and Joy Fullmer expressed vanous
concerns
At the request of C ounciJmember Rosenstein. Item 6-C was removed from
the consent calendar. At the request of Mayor Pro Tern Genser. Item 6-F
was removed from the consent calendar.
MotIon by CouncIlmernber Femstein. seconded by Mayor Pro Tern Genser,
to approve all Items on the Consent Calendar. except for 6-C and 6-F. 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. Femstem. McKeown. Rosenstein.
Holbrook. Mayor Pro Tern Genser, Mayor O"CollilOr
None
None
NOES:
ABSENT:
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October 12, 1999
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RENEWAL OF LEASE
STORM DRAIN CATCH
BASIN
}[AJOR DISASTERS -
JOINT POWERS
AGREEMENT
TERM LIMITS FOR
BOARDS AND
COMMISSIONS
1051
6-A: Earthquake Recovery Resolution - Resolution No. 9450 (CCS)
entItled "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY, U was adopted
6-B' Renewal of Lease for space at 1212 Fifth Street - recommendatIon
to authorize the City Manager to negotiate and execute a five-year renewal
ofthe lease "'lth 1212 5th Street Santa MOllica Linnted Partnership, at
$11,350 per month, was approved
6-D Installation ofstorm drain catch basin clean out and catch basin
inserts - recommendation to authorIZe the City Manager to negotiate and
execute Contract No 7603 (CCS) "'lth the Los Angeles ConservatIon
Corps, in the amount of $1 00,000, to provide installation and mamtenance
semces for city stormwater catch basins, was approved
6-E: Joint Powers Agreement for inter-agency cooperation within the
L.A. County Operational Area during major disasters - recommendation
to authorize the City Manager to enter into a Jomt Powers Agreement No.
7604 (CCS) With Area "A" citIes of Beverly Hills, Culver City and West
Hollywood. to prOVide for mter-agency cooperation in dIsasters within the
Los Angeles County Operational Area, was approved
6-G: Resolution No. 9451 (CCS) setting forth term limits, defining full
and partial terms, and adopting various administrative rules for City-
appointed Boards and Commissions, was adopted
SHORT RANGE TRANSIT6-H' Short Range Transit Plan Update for FY 1999-2002-
PLAN recommendation to authorize the City Manager to file the Short Range
Transit Plan Update WIth the Los Angeles County MetropolItan
TransportatIon Authonty and the Southern CalIforma ASSOCiatIon of
Governments to permit the Big Blue Bus to remain eligible for federal and
state transit funds, and to authorize the City Manager to file applicatIons and
enter into agreements for funds made aVaIlable by the Los i\nge1es County
MetropolItan TransportatIon Authonty, was approved
SEWER MAINS
6-C: Construction and management services contracts for sewer mains
on Ocean AvenuelNeilson Way from Seaside Terrace to southern City
limits - recommendation to relIeve Steve Bubalo Construction Company,
Inc., of the bId sublllltted, to authOrIZe the City Manager to negotIate and
execute Contract No. 7602 (CCS) with KEC Engineermg. Inc , in the
amount of $6.766.440 for construction of the sewer mams; negotIate and
execute an amendment to Contract No 7476(CCS) \vlth Black & Veatch,
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October 12. 1999
1052
Inc., ill the amount of$499,608, for construction management services; and
negotiate and execute an amendment to Contract No. 7216(CCS) with I
Montgomery Watson Americas. ill the amount of$148,990, for engmeermg
servlces for the project
Councllmember Rosenstein inquired regarding outreach efforts for tlns
project and encouraged as much notIfication to residents as pOSSible
Motion by Councihnember RosensteIn, seconded by CouncIlmernber
Femstem, to approve staffrecommendahon. Motion was approved by the
following vote:
AYES
Councilmernbers Bloom, Femstem, McKeown, Rosensteill,
Holbrook Mayor Pro Tern Genser, Mayor O'Connor
None
None
CHRISTINE REED PARK 6-F Rejection of bids and approval of contract on open market to
YOUTH OFFICE construct new Youth Office at Christine Reed Park - recommendation to
reject bids received. WaIve formal blddmg procedures, and authorize the CIty
Manager to negotIate a contract on the open market to construct the new
Youth Office at Chnstme Reed Park
ORDINANCES:
TWO-CAR GARAGES
"
NOES'
ABSENT
Motion bv Mayor Pro Tern Genser, seconded by Councilmember Feinstein,
to approve recommendation amended so that the design IS reviewed by the
ArchItectural Re\olew Board The motion was approved by the followmg
vote'
AYES:
CouncIlmembers Holbrook, Rosenstein, McKeO\vn.
Feinstein, Bloom, Mayor Pro Tern Genser. Mayor O'Connor
None
None
NOES:
ABSENT
8-A: Ordinance No. 1957 (CCS) entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDING SECTION 9.04.10.08.060
(A) OF ARTICLE IX OF THE MUNICIPAL CODE TO ALLOW AN
UNOBSTRUCTED INTERIOR WIDTH DIMENSION OFu18' FOR
EXISTING TWO-CAR GARAGES IN EXISTENCE ON MAY 5,
1999, THAT SERVE EXISTING SINGLE FAMILY RESIDENCES,"
was pr~sented for second reading and adoption.
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October 12, 1999
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ATM SURCHARGES
STREET PERFORMERS
AND VENDORS
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MOllon by CouncIlmember Holbrook, seconded by CouncIlmember
FelDStein, to adopt the ordinance, reading by tItle only and walVlng further
reading thereof. The motion was approved by the followmg vote
AYES.
Councilmembers Bloo~ FelDStein, McKeoWlL Rosenstein.
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
8-B Ordinance No. 1958 (CCS) entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA ADDING SECTION 4.32.040 TO THE
MUNICIPAL CODE PROHIBITING SURCHARGES TO NON-
CUSTOMERS AT AUTOMATED TELLER MACHINES IN SANTA
MONICA," was presented for second reading and adoption.
Motion by CouncIlmember Holbrook, seconded by Mayor O'Connor, to
Waive CounCIl pohcy and to hear two speakers on second readmg ofthe
ordmance. The motion faIled by the followmg vote
AYES
NOES'
CouncIlmernber Holbrook. Mayor O'Connor
Councilmembers Bloom, Femstem, McKeo\\'ll. Rosenstein.
Mayor Pro Tern Genser
None
ABSENT:
Motion by Councilmember McKeown. seconded by CouncIlmember Bloom,
to adopt the ordmance as presented. reading by title only. and WaIvmg
further readmg thereof.
AYES:
CouncIlmembers McKeown. Femstell1, Bloom, Mayor Pro
Tern Genser
Councilmember Holbrook, Rosenstell1, Mayor O'Connor
NOES:
Mayor O'Connor requested the record reflect that she voted m Opposlllon
because the actIon takes away the chOIce from consumers and it may
disadvantage community banks.
8-c- Ordinance No. 1959 (CCS) ......... "AN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDIN~ SECTIONS 6.112.020,
6.112.030,6.112.050,6.112.060, 6. 112.070.jJ.116.050, 6.116.060, AND
6.116.070 OF mE MUNICIPAL CO~BELATING TO STREET
PERFORMERS AND VENDORS," "s presented for second reading
and adoption. "f'o
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October 12. 1999
1054
AMENDMENT TO
CONTRACT WITH
CALPERS
Motion by Councilmember Holbrook, seconded by Mayor O'Connor. to I
waive COunCll policy and to hear one speaker on second readmg of the
ordinance The motion failed by the followmg vote
AYES:
NOES:
Councilmember Holbrook, Mayor O'Connor
Councilmembers Bloom. Feinstein, McKeown. Rosenstem..
Mayor Pro Tern Genser
None
ABSENT.
Motion by Councilmember Holbrook, seconded by Mayor O'Connor. to
adopt the ordinance as presented, reading by title only and WaIvmg further
reading thereof The motion was approved by the following vote'
AYES:
Councilmembers Bloom Femstein. McKeown. Rosenstein.
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
8-D: Ordinance No. 1960 (CCS) entitled: "AN ORDINANCE
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL AND THE BOARD OF ADML'l-
ISTRATTON OF THE CALIFORNIA PUBLIC EMPLOYEES' I
RETIREMENT SYSTEM," was presented for second reading and
adoption. (Introduced Sept. 14, 1999 )
Motion by Councilmember Holbrook, seconded by Councilmember
McKeov,:n, to adopt the ordinance as presented, readmg by title only and
WaIving further readmg thereof The motion was approved by the following
vote:
AYES.
CouncIlmembers Bloom Femstein. McKeo\"n, Rosenstem.
Holbrook, Mayor Pro Tern Genser. Mayor O'Connor
None
None
NOES
ABSENT:
STAFF ADMIN. ITEMS: 9-A: Recommendation to review and adopt a Santa Monica Strategic
Energy Plan for efficient energy utilization and use of energy generated
from cleaner sources.
On order of the Mayor. the public hearing was opened Mark Olson,
representing Southern California Edlson. spoke m support ofthe project.
Brian Hutchings and Pro Se expressed vanous concerns
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October 12. 1999
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WRITTEN REQUESTS:
AIRPORT JET TRAFFIC
VIOLATION NOTICE
SIGN ORDINANCE
1055
Motion by Councilmember McKeown. seconded by Counc1lm.ember
Feinstem, to approve staffrecommendatlon
Motion by Mayor Pro Tern to amend motion to modifY recommendation to
add language to "work ,>vlth the school dIstrict to seek funding resources for
any energy-efficient projects defined by the school dIStrict" The motIon
was accepted as frIendly. The motion was approved by the followmg vote.
AYES
CouncIimembers Bloom, Femstem. McKeown, Rosenstein.
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT:
13-A: Request of Brian Hatton to address Council regarding jet traffic
at the Santa Monica Airport and requesting legislation to protect the
health of affected residents, was presented.
On order of the Mayor, the informatIon was received and filed.
13-B: Mr. Leroy Jamison addressed Council requesting that charges be
dropped for a notice of violation issued to him because the violation
was not committed.
Mr Jamison not being present, on order of the Mayor, the request was
received and filed.
13-C: Mr. Daniel Ehrler, on behalf of the Chamber of Commerce,
addressed Council requesting a modification to the Sign Ordinance.
Members of the pubhc Debra Moini John Emannuelh. Lawrence Brown.
and Mike Howell spoke in favor of the request. Pro Se spoke in favor of an
exemptIon to businesses that prOVIde health or pubhc safety serVIces.
DISCussion ensued regarding the merits of the request. Motion by Mavor
Pro Tern Genser, seconded by Councilmember Rosenstein. to drrect staff to
invesngate financial assistance optIons that may be available to busmesses m
the redevelopment district and return to Council as soon as pOSSIble The
monon was unanimously approved by VOlce vote. With all Counctlmembers
present.
COUNCILMEMBER 14-A. Appointment to one unscheduled vacancy on the Bayside
ITEMS: APPOINTMENTS District Corporation for a term ending June 30, 2002 (Contmued from
August 17, 1999.)
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October 12, 1999
1056
L.A. WEST VECTOR
CONTROL
ARCHITECTURAL
REVIEW BOARD
COMMISSION ON THE
STATUS OF WOMEN
LIBRARY BOARD
RESIGNATION
PUBLIC INPUT
It was the consensus of Council to extend the eXISting term by one year for I
incumbent Herb Katz, WIth the term to explfe June 30, 2000, in order to
coincIde wIth the change in the Corporation"s By-Laws
14-B Appointment to one vacancy on the Los Angeles County West
Vector control District for a term ending December 31,2001.
On order ofthe Mayor, this appomtment was contmued to November 23.
1999.
14-C Appointment to one unscheduled vacancy on the Architectural
Re,'iew Board for a term ending June 30, 2001.
Motion by Mayor Pro Tern Genser, to appoint Iris Oliveros to the vacancy.
Ms Oliveros was appomted by acclamation, with all Councilmernbers
present
14-D: Appointment to one unscheduled vacancy on the Commission on
the Status of Women for a term ending June 30, 2003.
Motion by Mavor O'Connor, to appoint Susan Phillips for the vacancy Ms.
Plulhps was appointed by acclamation, with all CouncIlmembers present
14-E: Appointment to one unscheduled vacancy on the Library Board I
for a term ending June 30, 2001.
Motion by Councilmernber Bloom to appointed DanIel Stem. Daniel Stem
was appomted to the vacancy by acclamation, \\lth all CouncIlmembers
present.
14-F: Acceptance of Michael Segal's letter of resignation from the
Bayside District Corporation and authorization to the City Clerk to
publish the vacancy.
Motion by Councilmember FeinsteIn, seconded by Councilmember
McKeown, to accept, \\lth regrets. the letter of resignation Motion
unanimously approved by voice vote, with all Councilmembers present
PUBLIC INPUT: The followmg members of the public spoke Bnan
HutchIngs expressed vanous concerns Dons Ganga spoke m favor of more
housing in the City Mark Egemar spoke in favor of traffic enforcement and
acCIdent prevention Royce Mathew expressed cuncerns regardmg the way
pubhc funds for seruor housing are being used
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October 12. 1999
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RECESS/CLOSED
SESSIONS
1057
On order of the Mayor, the City Council recessed at 10 15 p.rn, to consider
closed session and reconvened at 11 45 p.m , to take the follOWIng actions
16-A Public Employee Evaluations:
Employee Titles: City Attorney, City Clerk, and City
Manager.
ACTION Not heard.
16-B. Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Five.
ACTION Four cases were heard Reportable action on three taken as
follo,vs
1 Motion by Mayor Pro Tern Genser, seconded by Councilmember
Holbrook. 10 approve settlement m the amount of$32.734 WIth Eller Medm
Company regardmg two leaseholds for billboards on Cloverfield Boulevard
The motion was approved by the followmg vote:
AYES:
CouncIlmembers Holbrook. Rosenstein, McKeown,
Feinstein, Bloom. Mayor Pro Tern Genser. Mayor O'Connor
None
None
NOES
ABSENT'
2. Motion by Mayor Pro Tern Genser, seconded by Counct1member
Holbrook, to authonze CIty staff to accept a bond to secure contmued right
to compel developer ofLe Merigot Hotel to mstall a traffic signal Motion
approved by the followmg vote
AYES
Councilmernbers Holbrook Rosenstein, McKeown.
Feinstem.. Bloom. Mayor Pro Tern Genser, Mayor O'Connor
None
None
~OES'
ABSENT:
3 See actIon taken on CCIP AJRA-l
16-C: Conference with Legal Counsel- Existing Litigation: Shober
v. City of Santa Monica, Case No. SS 005575.
ACTION:
Heard No reportable actIon taken.
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October 12. 1999
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16-D
Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. SS0070781
ACTION Heard No reportable actIon taken
16-E:
Conference with Legal Counsel- Existing Litigation: Vincent
Sritipan v. City of Santa Monica, et aI., Case No. SC 057602.
Motion bv CouncIlmember Femstein, seconded by CouncIlmember
Holbrook, to approve settlement m the amount of $50,000 Motion
approved by the followmg vote:
AYES:
Councilmembers Bloom. Feinstein, McKeown. Rosenstem,
Holbrook. Mayor Pro Tern Genser. Mayor O'Connor
None
None
NOES:
ABSENT
l6-F Conference with Legal Counsel- Existing Litigation: Laura
Cayouette v. City of Santa Monica, et al., Case no. SC049120.
MotIon by Councilmember Holbrook, seconded by Councilmember
McKeown, to approve settlement in the amount of$25,000 MotIOn I
approved by the followmg vote.
AYES
Councilmembers Holbrook, Rosenstein, McKeown.
FeinstelI1, Bloom, Mayor Pro Tern Genser, Mayor O.Connor
None
None
NOES:
ABSENT-
16-H Conference with Real Estate Negotiator.
Property: Portions of property on the west side of Main
Street between Pico Boulevard and Colorado
City Negotiator: John Jalili, City Manager
Owners of Record: Tbe Rand Corporation
Under negotiation: Possible acquisition
ACTION Heard. No reportable actIon taken
16-1: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Henry Walther, Case ~o. SC043522.
ACTION Not heard
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October 12, 1999
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ADJOURNMENT
1059
On order of the Mayor. the City Council rneetmg was adjourned at 11:55
p.rn , to October 26. 1999 at 6: 15 p rn.
~ ATTE~,
~ \..u - ~cvJ-
Mana M. Stewart
City Clerk
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APPROVED
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October 12. 1999