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M-4/11/2000 (2) I I I 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 I I I ADJOURNMENT CONSENT CALENDAR: Ylll'iuTES 1209 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 3 Apnl 11, 2000 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 I "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 4 Aprilll, 2000 I I I I 1211 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. 5 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 6 I Apnl 11, 2000 I I I 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. 7 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 8 April!!. 2000 I I I I 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 9 April 11. 2000 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. I 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 I - .. ,\. -". l"--'-.... ~ ~ Maria M. Stewart City Clerk 10 Apnlll. 2000