M-4/11/2000 (2)
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1207
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 11. 2000
A regular meetmg ofthe Santa Monica City COUllcll was called to order by Mayor Genser at 6'21
pm, on Tuesday. Aprlll!, 2000, at City Council Chambers, 1685 Mam Street
Roll Call
Present
Mayor Ken Genser
Mayor Pro Tern Pam O'Connor
Councilmember RIchard Bloom
CouncIlmember Michael FelDStein
CouncIlmember Robert T. Holbrook
CouncIlmember Kevm McKeo\\'ll
CouncIlmember Paul Rosenstem
Also Present: City Manager Susan McCarthy
CIty Attorney Marsha Jones Moutne
CIty Clerk Mana M Stewart
CLOSED SESSIONS
CLOSED SESSIONS. On order of the Mayor, the CIty Council convened
at 6-21 p rn., and then adjourned to consIder closed seSSIOns ,""Ith all
members present Action taken on closed sessions was reported at the end
of the meetmg.
RECONVENEIPLEDGE On order of the Mayor, the City CounCIl reconvened at 7-19 pm, \Vith all
members present. Councihnemher Bloom led the assemblage in the Pledge
of Allegiance.
SPECIAL ITEMS. 4-A Presentation by Gilberto Higuera Bernal, Attorney General for
the State of Sinaloa, Mexico, of a plaque to the City and the Police
Department in appreciation of the donation of used police vehicles
from the City of Santa Monica to the people of the State of Sinaloa,
Mexico.
Mr Bemal. on behalf of the State of Smaloa. conveyed hIS appreciatIon to
the CIty of Santa MOllica and presented a plaque to Mayor Genser
RECESS
On order of the Mayor, the CIty Council recessed at 7:22 p.m., to a joint
meetmg WIth the Redevelopment Agency
Aprllll, 2000
1208
JOINT MEETING OF THE4-B CClRA-l - Public bearing and award of contract for construction I
CITY COUNCIL AND of the Santa Monica Municipal Pool Replacement Project Phase lI-
THE REDEVELOPMENT recommendatIon that: the City Councll and the Redevelopment Agency
AGENCY:
MUNICIPAL POOL
(Agency) hold a pubhc hearmg and receive pubhc input, City Council
authorize the City Manager to negotIate and execute Contract No 7697
(CCS) with Vahdani Construction Co. Inc.. in the amount of$5,299.777.
and approve contingency funds m the amount of$423,982. for the
constructIon ofthe project: that the Agency authorIZe the ExecutIve
Director to execute the contract awarded by the CIty Council for the
project, that the CIty Councll and the Agency adopt ResolutIOn No 9501
(CCS) and No 465 (RAS) respectIvely, finding that the project IS of benefit
to the Earthquake Recovery Redevelopment ProJect; and. that the City
COunCll and Agency authorIZe the City ManagerlExecutIve Director to
execute Reunbursement Agreement No. 7698 (CCSIRAS) between the City
and the Agency for the Project. and supplemental report
On order ofthe Mayor, the public heanng was opened. Member of the
public Joey Fullmer expressed various concerns There bemg no other
speakers, the public heanng was closed
Motion by Councilmember McKeown, seconded by Councilmember
Rosenste11l. to authorize the City Manager to negotIate and execute a I
contract \\>TIh Vahdani Construction. to approve the contingency funds
requested. to adopt Resolution No. 9501 (CCS) entItled "A RESOLUTION
OF THE CITY OF SANTA MONICA CONSENTING TO THE
REDEVELOPMENT AGENCY'S IMPLEMENTATION OF THE
MUNICIPAL POOL REPLACEMENT PROJECT (PHASE 2) AND
MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33445." reading by title only and WaIving
further reading thereof. and authoriz11lg the City Manager to execute
Reunbursement Agreement No 7698 (CCS) between the CIty and the
Agency The motIon was approved by the follo\\>lllg vote:
AYES
Councilmembers Bloom, Femstem. McKeown, Rosenstein,
Holbrook. Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES
ABSENT:
MotIon by Agency Member McKeown, seconded by Agency Member
Rosenste11l. to authorize the Executive Director to execute Councll-:
approved contract with Vahdaru ConstructIon, to adopt Resolution No. 465
(RAS) entitled "A RESOLUTION OF THE REDEVELOPMENT
AGENCY OF TIlE crfY OF SANTA MONICA CONSENTING TO TIlE.
2 April 11. 2000
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ADJOURNMENT
CONSENT CALENDAR:
Ylll'iuTES
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REDEVELOPMENT AGENCY'S IMPLEMENTATION OF THE
MUNICIPAL POOL REPLACEMENT PROJECT (PHASE 2) k'\lD
MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33445," readmg by title only and warVlllg
further reading thereof. and authonzmg the Executive Director to execute
Reimbursement Agreement No 7698 (RAS) between the City and the
Agency The motIon was approved by the followmg vote:
AYES'
Agency Members Bloom, Femstem. McKeo,",'Il, Rosenstein,
Holbrook. Charr Pro Tern O'Connor. ChaIr Genser
None
None
NOES:
ABSENT
On order ofthe Mayor, the Joint meeting of the City CouncIl and the
Redevelopment Agency adjourned at 7'37 p.m, to the regular meetmg of
the CIty CouncIl
The Consent Calendar was presented. whereby all Items are consIdered and
approved in one mOlIon unless removed from the calendar for discussIOn.
The following members ofthe pubhc commented on the Consent Calendar
Joey Fullmer expressed VarIOUS concerns, Chuck Allord spoke m support of
various Items. Vivian Rothstem spoke m support of Item 6-H.
At the request ofCounclhnember Feinstem. the mmutes for February 8.
2000. were continued to Apnl18, 2000. At the request ofCounctlmember
McKeo\\>'Il, Item 6-0 was removed from the Consent Calendar.
Motion by Counclhnember Bloom. seconded by Mavor Pro Tern O'Connor.
to approve all items, '.vltb the exception of the mmutes of February 8,2000.
and Item 6-0, on the Consent Calendar as presented, readmg resolutIOns
and ordmances by tItle only and wat'.lllg further readmg thereof The
motion was approved by the followmg vote'
AYES.
Counclhnembers Bloom, Femstem, McKeown, Rosenstein.
Holbrook. Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES
ABSENT.
6-A The minutes of January 25,2000. were approved as sublllitted and the
minutes for February 8, 2000, were contmued to April 18, 2000
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1210
EARTHQUAKE
RECOVERY
6-B: Earthquake Recovery Resolution - ResolutIon No. 9502 (CCS)
entitled "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINuING LOCAL
EMERGENCY:' was adopted
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"CELEBRATE AMERICA 6-C: Request from Santa Monica CoUege to include fireworks in the
CONCERT" 18'b Annual "Celebrate America" Concert Program on July I, 2000,
was approved
V ACA TION OF
PROPERTY
6-D: Resolution No. 9503 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA ORDERING THE VACATION OF
EXCESS STREET PUBLIC RIGHT-OF-WAY AND PUBLIC
SERVICE UTILITY EASEMENTS IN A PORTION OF PICO
PLACE NORTH, BETWEEN OCEAN AVENUE AND APPIAN
WAY," was adopted.
BEACH CONCESSIONS 6-E Lease and Concession agreement with Chaos Enterprises (Perry's
Beach Cafe and Rentals) to operate four beach concessions at the
beach - recommendation to authonze the City Manager to negotiate and
execute modifications to existmg lease terms, and to negotiate and execute
Lease and Concession Agreement No 7699 (CCS) WIth Chaos Enterprises
to contmue the operation of four concessions at Santa Moruca State Beach, I
was approved
INSPECTION/COUNTER 6-F Contract amendment with WiUdan & Associates for temporal1'
ENGINEERING inspection and counter engineering services for the Building and Safety
SERVICES Division - recommendation to authorize the CIty Manager to negotiate and
execute an amendment to Contract No 7562 (CCS) with Willdan &
Associates, in the amount of $65.000, for a total of$215.000, to provide
temporary InSpectIOn and counter engmeermg services for the BuIlding and
Safety DiviSIOn, was approved.
FEE WAIVER AND 6-H Resolution No. 9504 (CCS) entitled: "A RESOLUTION OF THE
ALTERNATE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A
PROCESSIONAL ROUTE PROCESSION ON APRIL 17, 2000, ON A ROUTE OTHER THAN
THE OFFICIAL CITY PARADE ROUTE," was adopted, and
recommendatIon to approve alternate route and WaIve all City fees for the
Processional. was approved
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LINCOLN BOULEVARD 6-G Recommendation to authorize the City Manager to execute an
CORRIDOR interagency agreement to study Lincoln Boulevard Corridor
Alternatives.
ORDINANCES:
CONSTRUCTION RATE
PROGRAM & DESIGN
COMPATIBILITY
Staff answered questtons ofCouncIlmember McKeo\\'l1 regarding the
process to be followed for the study
Motton bv CouncIlmernber McKeo\\>TI, seconded by CounciImember Bloom.
to approve recommendation The motion was approved by the followmg
vote:
AYES
Counctlmernbers Bloom.. Femstell1. McKeowll. Rosenstem.
Holbrook, Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES-
ABSENT
8-A Introduction and adoption of interim Ordinance No. 1969 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING 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 MUL TI-FAMIL Y HOUSING, AND
DECLARING THE PRESENCE OF AN EMERGENCY," was
presented
On order of the Mayor, the pubhc hearing was opened. Joey Fullmer
expressed vanous concerns. Chris Hardmg spoke ill support of
rnodlficatlons to the proposed ordmance, Ken Kutcher spoke in Opposltlon
to the proposed ordinance, Chuck Allord spoke in support of the proposed
ordinance
MotIon bv Mayor Genser, seconded bv Mayor Pro Tern O'Connor. to
introduce and adopt the ordmance. readmg by title only and WalVlllg further
reading thereof
Motton bv Councilmember Bloom, to amend the motIOn to change the
construction rate exemptIon of SItes that are vacant as of March 7. 2000, to
"any vacant parcel," and to exempt those projects for which the pernuts are
relinqwshed The motton was accepted as frIendly.
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April 11. 2000
1212
PROHIBITION OF
RETALIATION BY
EMPLOYERS AGAINST
EMPLOYEES
Motion by Councilmember Holbrook, seconded by Councilmember I
Rosenstem, to mc1ude a construction rate exemptIon to care facilities
defined as skilled nursillg, Alzheimer's and assisted hvmg.
Substitute motIon to amend by Mayor Genser, seconded by Councilinember
Bloom, to dIrect staff to report on the possIbility of excluding care facilities
as proposed above. The motIon was approved by a voice vote, with
Councilinembers Rosenstein and Holbrook voting ill opposItIon
The CIty Attorney adVIsed that a provisIOn would be added statmg that the
Planning and Commumty Development Department ""ill develop and
distribute administratIve gUIdelines.
The motion, as amended, was approved by the following vote
AYES:
CouncIlmembers McKeown. Feinstem, Bloom, Mayor Pro
Tern O'Connor. Mayor Genser
Councllmember Rosenstem
Councilinember Holbrook
None
NOES
ABSTAIN
ABSENT.
Councdmember Rosenstein stated he voted against the ordinance because it
goes beyond what IS necessary to protect the neIghborhoods and to protect I
the City agamst very damaging laWSUItS
8-B Introduction and adoption of Ordinance No. 1970 (CCS) entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA
PROHIBITING EMPLOYER RETALIATION AGAINST
EMPLOYEES WHO SUPPORT THE ADOPTION OF MINIMUM
WAGE AND BENEFITS LAWS, AND DECLARING THE
PRESENCE OF AN EMERGENCY;" and recommendation to
institute an educational program for local employers," was presented
The Mayor opened the publIc hearmg Member of the public Jerry Rubm
spoke in support of the proposed ordmance. Steven Dry and Erika Zucker
spoke in support ofpostponement of the proposed ordmance to allow
further review and suggestions
Motion by Councilmember Holbrook, to approve the alternative option of
implementmg education programs, as suggested by staff. Motion died for
lack of a second
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COMMUNICATIONS:
TRAFFIC LIGHT
CAMERAS
COUNCIL ITEMS:
RESIGNATION FROM
SOCIAL SERVICES
COMMISSION
1213
Motion by Mayor GenseL seconded by CouncIlmember Rosenstem, to
contmue thIs matter to April 18, so staff can consIder, and respond to, the
comments made during the pubhc hearing
SubstItute motion by Councilmember Femstem. seconded by
Councilmember McKeo"-,,'R to adopt the ordmance, amended to include
remstatement and back pay as part of the enforcement measures. and
directmg staff to return at the first meeting m May v.mh an emergency
ordmance WIth amendments, after consideratIon of comments made durmg
the public heanng and additional pubhc input
Mavor Genser and Councilmember Rosenstem w1thdrew therr 1TIltIal motIon.
leavmg the substItute motIon on the floor The motion on the floor was
approved by the follow1llg vote'
AYES
Councilmembers Bloom. Femstem, McKeo'Wn. Rosenstem.
Holbrook, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT
B-A: The request of Ellen Brennan, on behalf of several neighborhood
groups, to address Council requesting a public workshop to aHow for
community input on the proposed installation of traffic light cameras
in the City, was presented.
The followmg members of the public spoke in support ofthe request Jerry
Rublll, Ralph George, .t\ndrew Adams. Bob Seldon, and Arthur Hams.
MotIon by CouncIlmember Femstein, seconded by CouncIlmember
Rosenstein, to direct staff to conduct a public workshop and seek input from
members of the public The motIon was unanllnously approved by vOice
vote, with all members present
14-A Acceptance of Margarita Zepeda's letter of resignation from the
Social Senrices Commission and authorization for the City Clerk to
publish the vacancy.
MotIon by CouncIlmember Feinstem. seconded by Councilmember
McKeown, to accept the letter Wlth regrets, and authorize the City Clerk to
publish the vacancy The motIon was unarumously approved by vOice vote.
WIth all Councilmembers present.
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Apnll!, 2000
1214
SUPPORT OF PENDING
LEGISLATION
EXPANSION OF LOS
ANGELES WORLD
AIRPORTS
14-B' Request of Council member Rosenstein to support SB 1629, SB I
1772, SB 1809, AB 1885, AB 2767, and AB 2522, which could
potentially funnel substantial funding for bicycle, pedestrian and
community-oriented projects, aBow lower speed limits on residential
streets, improve traffic safety and promote more livable communities.
Councihnember Rosenstem proVIded an update of the dIfferent bIlls.
Motion by Counc1lrnember Rosenstem, seconded by CouncIlmember
McKeown. to support 5B 1809, AB 1885. and AB 2767. To condItIonally
support SB 1772. if funds are not obtamed from other transportation funds,
and reserve actIon on the two other bIlls to a future time. The motion was
unarumously approved by vOice vote, WIth all members present.
14-C: Request of Mayor Genser for Council to direct staff to return
with a resolution in support of the City ofE] Segundo's litigation
against the Los Angeles World Airports, seeking a halt to the airport's
pattern and practice of expanding incrementally without adequate
environmental rniew.
Motion bv Mayor Genser, seconded by Councihnember Femstern.. to
approve request. Motion unarumously approved by vOice vote, "-'lth all
members present I
COUNCIL CONFERENCE 14-D: Request of Councilmcmber Rosenstein to approve funds for any
Councilmember to attend the "Smart Growth Policy Briefing"
sponsored by the California Futures Network. to be held in
Sacramento, California, on May 9, 2000.
GATHERING SITE FOR
DAY LABORERS
Motion by Councllmember Rosenstein. seconded bv Councihnember
Feinstern.. to approve request. Motion unanimously approved by vOice vote,
\,;'lth all members present.
14-E Request of Councilmember Holbrook to direct staff to study
appropriate locations in which day laborers may congregate in the
City, and where potential employers can meet and make arrangements
with day laborers, and return to Council with options and
recommendations.
Members of the pubhc Chuck Allord and David Cole spoke in support of the
request
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SUPPORT FOR
STRIKING JANITORS
SHORT TERM USE OF
RENT AL/HOUSING
UNITS
HERITAGE FOREST
CAMPAIGN
1215
Motion by Councilmember Holbrook, seconded by Councilmember Bloom.
to approve request. MotIOn unammously approved by voice vote, with all
members present
14-F: Request of Councilmember Rosenstein asking Council to declare
its support for the striking janitors' efforts to achieve a living wage,
and to urge building owners in Santa Monica to instruct their cleaning
contractors to negotiate a just settlement witb tbe union.
Members of the publIc Hector Junenez, Santos Fragoso, and Jerry Rubm
spoke in support of the request.
Motion by Counc:tlmember Rosenstem. seconded by CouncIlmember Bloom.
to approve request MotIon unammously approved by voice vote. \\<"lth all
members present.
14-G Request of Mayor Genser to direct City staff to analyze and
propose appropriate measures to regulate and/or probibit the rental of
housing units for use as short-term visitor accommodations.
Members of the pubhc ChriS Hardmg and Howard Jacobs spoke m
oppositIOn to the request
Motion by Mayor Genser, seconded by CouncIlmember Feinstem. to
approve request Motion approved by voice vote, with CouncIlmember
Holbrook votmg in OppOSItiOn.. and 'I,\llth all members present.
14-H Request of Councilmemher McKeown tbat the City Council
adopt Resolution No. 9505 (CCS) entitled:"A RESOLUTION IN
SUPPORT OF THE HERITAGE FOREST CAMPAIGN,
PROTECTING NATIONAL FOREST WILDERNESS FROM ROAD-
BUILDING, LOGGING, MINING, AND OTHER DESTRUCTIVE
ACTIVITIES, AND PRESERVING PRISTINE AREAS INTACT FOR
RECREATION, WATERSHED AND LONG-TERM ECONOMIC
AND ENVIRONMENTAL BENEFITS."
Motion by Councilmember McKeown, seconded by Councilmember
Feinstein, to adopt the resolution as proposed
Motion to amend by Mayor Pro Tern O'Connor, seconded bv
Councilmember Rosenstem. to amend to add language to include the
concern that people with lnmted mobility should be able to enjoy these type
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1216
PUBLIC INPUT:
CLOSED SESSIONS:
ADJOURNMENT.
of recreational areas The amendment was accepted as friendly The I
motion, as amended. was approved by the follo~1llg vote
AYES
Councilmembers Bloom. Feinstein. McKeo~n. RosensteIn,
Holbrook. Mayor Pro Tern o Tormor, Mayor Genser
None
None
NOES:
ABSENT'
Member of the public Brian Hutchings expressed various concerns.
16-A. Conference with Legal Counsel- Existing Litigation: C.W. Hotel
Limited Partnership v. City of Santa Monica, Case No. BS 060010.
ACTION'
Case not heard
16-13: Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007 078.
ACTION:
Case heard, no reportable action taken
16-C Conference with Legal Counsel- Existing Litigation: California
Attorneys for Criminal Justice v. Butts, et al., Case No. CV 95-8634.
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ACTION:
Case heard, no reportable action taken
16-D. Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Walther, et aL, Case No. SC 043 522.
ACTION
Case heard. no reportable action taken.
16-E: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Six.
ACTION.
Five cases heard. No reportable action taken
On order of the Mayor. the CIty Council meetmg was adjourned at 1231
a m. to April 18, 2000
ATTEST
~PROVED'
'-ey
Ken Genser
Mayor
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Maria M. Stewart
City Clerk
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