M-3/28/2000
1190
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 28, 2000
A regular meeting of the Santa MOllica City Council was called to order by Mayor Genser at 6: 16
pm., on Tuesday, March 28.2000. at City Council Chambers. 1685 Mam Street.
Roll Call'
Present.
Mayor Ken Genser
Mayor Pro Tern Pam O'Connor
Councilmember Richard Bloom
Councilmember Michael Femstein
Councilmember Robert T Holbrook
Councilmember Kevin McKeown
Councilmember Paul Rosenstem
Also Present. City Manager Susan McCarthy
City Attorney Marsha Jones Moutne
City Clerk Mana M Stewart
CLOSED SESSIONS
RECONVENE/PLEDGE
SPECIAL ITEMS
JOINT MEETING WITH
THE REDEVELOPMENT
AGENCY;
MUNICIPAL POOL
PROJECT
CLOSED SESSIONS. On order ofthe Mayor. the City Council convened I
at 6: 16 pm. and then adjourned to consider closed sessions \\'ith all
members present ActIon taken on closed sessIOns was reported at the end
of the meeting
On order of the Mayor. the City Council reconvened at 6.16 pm.. with all
members present Councilmember Bloom led the assemblage m the Pledge
of AllegIance.
4-A Presentation of American Society for Landscape Architecture
ilfedallion Award for outstanding Landscape Design of Palisades Park.
The presentatIon was made and the Mayor accepted the award on behalf of
the CIty Council and staff
4-B: CCIRA-l - Public hearing and award of contract for construction
of the Santa Monica Municipal Pool Replacement Project Phase n-
reconunendatlOn that the City COunCll and the Redevelopment Agency hold
a public heanng and receIve public input, authorize the CIty Manager!
Executive Drrector to negotiate and execute a contract WIth Vahdam
Construction Co., Inc., m the amount of$5.299,777 and approve
contingency funds m the amount of$423.982. for the construction ofthe
March 28, 2000
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project; adopt a resolutIon finding that the project IS of benefit to the
Earthquake Recovery Redevelopment Project, authonze the City Manager/
Executive Director to execute a Reimbursement Agreement between the
CIty and the Agency for the Project
At the request of staff. m order to clanfy some procedural Issues, the public
hearing was opened and the matter was continued to Aprill!, 2000.
MotIOn by Agencv/CouncIlrnember Femstem, seconded by Agency!
CouncIimember Bloom, to continue tIns matter to April II The motIon was
unammously approved by VOIce vote, V-lIth all members present.
On order of the Mayor. the Joint meetmg was adjourned at 7.33 pm. to the
regular meetmg of the CIty Council
CONSENT CALENDAR: 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 Bnan Hutchmgs. Chuck Allord, and Joey Fullmer
addressed various Issues on the Consent Calendar
At the request of Councilmember Rosenstern. Item 6-G was removed from
the Consent Calendar
MotIon bv Councilmember Femstell1. seconded by Councilmember Bloom.
to approve all items on the Consent Calendar, except Item 6-G, as
presented, readmg resolutIons and ordmances by title only and waivmg
further reading thereof The motion was approved by the following vote:
AYES
CouncIlmembers Bloom, Femstem, McKeO\"u. Rosenstem.
Holbrook. Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES'
ABSENT
MINUTES
6-A. Approved minutes of December 14, 1999 as corrected, and January
II, and January 18. 2000, City COunCll meetings, as subrmtted
EARTHQUAKE
RECOVERY
6-B Earthquake Recovery Resolution - ResolutIon No 9494 (CCS)
entItled" "ARESOLUTlON OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
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March 28. 2000
1192
MANAGEMENT
SERVICES FOR
PROJECTS
POLICE WING SEISMIC
UPGRADE
THELMA TERRY
CENTER - VIRGINIA
AVENUE PARK
PURCHASE OF
DIFFERENTIAL
ASSEMBLIES
PURCHASE OF TREE
ROOT CUTTER
MONTANA AVENUE
BUSINESS IMPROVE-
MENT DISTRICT
BIG BLUE BUS
FACILITY EXPANSION
PROJECT
6-C: Contract for provision of Capital Improvement Projects I
management services - recommendation to authorIZe the CIty Manager to
negotIate and execute an amendment to Contract No. 7428 (CCS) with
DarneL Mann, Johnson & Mendenhall, rn the amount of$300,000, to
provide management services, was approved
6-D Contract for seismic upgrade seITices for existing Police Wing of
City HaU - recommendation to authonze the CIty Manager to negotiate and
execute Contract No. 7690 (CCS) WIth KPFF Consulting Engineers, in the
amount of $60,000. for engrneering evaluatIon. testing and conceptual
design services for selSIlliC upgrade of the Pohce Wing of CIty Hall, was
approved
6-E: Application for grant funds for improvements to Thelma Terry
Center at Virginia Avenue Park - recommendation to authorize the
Mayor and the City Manager to execute a pre-apphcatIon for grants letter to
the National Park Services' Urban Park and Recreation Program
RehabilitatIon Grant Program for unprovements to the Thelma Terry Center
at VirglIllil Avenue Park, was approved.
6-F Bid No. 2774 was awarded to Big Trucks, Inc., in the amount of
$50,000, for rebuilt differential assemblies required to repair GMC an)
MCI buses.
6-H Purchase of heavy duty root cutter for tree maintenance -
recommendation to award BId No. 2776 to Vermeer-EscondIdo. m the
amount of$ 43,191 75, to furmsh and deliver one new diesel powered heavy
duty root cutter for tree marntenance and decreased sidewalk damage, was
approved.
6-1' Resolution No. 9495 (CCS) entitled: "A RESOLUTION OF
INTENTION TO CHANGE THE ASSESSMENT FEE LEVIED IN
THE MONTANA AVENUE BUSINESS IMPROVEMENT
ASSESSMENT DISTRICT AND SETTING A PUBLIC HEARING
FOR APRIL 25, 2000, TO HEAR PUBLIC INPUT," was adopted.
amended by changmg the public hearmg date to Apnll8, 2000.
6-J. Program management services for the Big Blue Bus Facility
Expansion project - recommendation to authorize the City Manager to
negotiate and execute Contract No 7691 (CCS) with CH2M Hill Inc , m the
amount of$2.175,000, to pro\ide program management semces for the Big
Blue Bus FacIhty ExpansIOn. and approval of$325,000 in contingency
funds, was approved.
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ALCOHOL OUTLETS -
ENFORCEMENT
FINAL TRACT MAP -
1544 12TH STREET
DRAFT OPEN SPACE
ELEMENT
SPEED HUMPS
PEDESTRIAN A1'o-n
TRAFFIC SAFETY
PAVEMENTGRI~mING
EQUIPMENT
1193
6-K: Application for Grant Funds for law enforcement efforts related
to licensed alcohol outlets - recommendation to authorIZe the CIty
Manager and the ChiefofPohce to apply for up to $66.379 of Grant
AssIstmg Law Enforcement Project grant funds from the Department of
A\cohohc Beverage Control to asSIst ill curtailing problems related to
licensed alcohol outlets WIthm the City. was approved
6-L Resolution No. 9496 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
52682 FOR A 12-UNIT CONDOMINIUM PROJECT AT 1544 12TH
STREET," was adopted, and authorization for the City Manager to execute
Subdivision Improvement Agreement No 7692 (CCS) related to the
project, was approved.
6-M Contract amendment for additional environmental analysis for
the Draft Open Space Element - recommendatIOn to authorize the City
Manager to negotiate and execute an amendment to Contract No 6773
(CCS) with Chnstopher Joseph and Associates, ill the amount of$32,170.
for a new total amount of$124,045, for additional enVIronmental analysis
required to complete the Municipal Pool Environmental Assessment and the
EnVIronmental Impact Report for the Open Space Element. was approved
6-N Purchase order for provision of rubber speed humps for various
City streets - recommendatIon to authonze the Purchasing Agent to issue a
blanket purchase order to Recycled Technology, Inc.. m the amount of
$60,000, for proviSIon of rubber speed humps for vanous CIty streets, was
approved
6-0 Resolution No. 9497 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AND
RELATED DOCUMENTS WITH THE STATE OF CALIFORNIA
FOR RECEIPT OF $150,000 IN GRANT FUNDING FOR
W ALKABLE WESTSIDE CAMPAIGN FOR PEDESTRIAN AND
TRAFFIC SAFETY." was adopted.
6-P Award of Bid No. 2767 to Nixon-Egli Equipment Company, in the
amount of $186,584.03, for provision of one diesel-powered profiler
used for pavement grinding needed to rectity drainage problems in
City alleys and streets, was approved
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1194
CIVIC AUDITORIUM
MESSAGE CENTER
6-G Repair of neon message center at Civic Auditorium - I
recommendation to award a sole source purchase order to Chief Neon Sign
Company. in the amount of$28.500, to reparr the sign at the CivIc
Auditorium, was presented
Councllmember Rosenstem asked questIons of staff regarding the proposed
reparr and long-term use of the message center Staff responded to
questIons
Ylotion bv Mayor Genser. seconded by Councilmember Bloom. to approve
the recommendatIOn The motIon was approved by the following vote
AYES
Counc1lmembers Holbrook. McKeown. Femstem. Bloom,
Mayor Pro Tern O'Connor. Mayor Genser
Councllmember Rosenstem
None
NOES:
ABSENT
END OF THE CONSENT CALENDAR
ORDINANCES: 8-A: Introduction and first reading of an ordinance establishing the
PICO BOULEVARD Pico Boulevard Business Improvement Area Assessment District.
BUSINESS ASSESSMENT
DISTRICT ACTION Action on tlus Item IS bsted under Item IO-B. I
DEVELOPMENT
MORATORIUM
8-B: Introduction and adoption of Ordinance No. 1968 (CCS) entitled:
"AN INTERIM ORDINANCE OF THE CITY OF SANTA MONICA
EXTEl'I'DING THE MORATORIUM ON MULTI-FAMILY
RESIDENTIAL DEVELOPMENT IN THE CITY'S MULTI-FAMILY
RESIDENTIAL DISTRICTS FOR A PERIOD OF THREE MONTHS,
AND DECLARING THE PRESENCE OF AN EMERGENCY," was
presented.
On order of the Mayor. the public hearmg was opened. The followmg
members ofthe public spoke in support ofthe ordinance Joey Fullmer, Jerry
Rubm. Chuck Allord, and Brian Hutchmgs
The following mdlVlduals spoke m oppoSItion to the ordInance Ken Kutcher
and ChrIs Hardmg
MotIon by Mayor Genser. seconded by COUDcilmember Femstem. to
mtroduce and adopt ordmance amended to extend moratonum for fifly (50)
days; to expand ExceptIon "B" to allow additional umts to be constructed
on sItes where there are duplexes provided no housmg is demolished; to
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March 28.2000
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RECESS
BEACH PARKING RATE
PROGRAM
1195
direct staff to work, during this penod, on the expansIOn of north of
Wilshrre standards city-wide and on modificatIOn of the demohtion
ordinance; and to drrect staff to return to Council on May 9,2000 The
mohon was approved by the followmg vote:
AYES:
Councilmembers Rosenstem, McKeown, Femstem, Bloom
Mayor Pro Tern O'Connor, Mayor Genser
Councilmember Holbrook
None
NOES
ABSENT:
On order of the Mayor. the City Council recessed at 10:02 p m., and
reconvened at 10:20 pm, 'wIth all members present.
9-A; Beach Parking Rate Program for Summer 2000 - recommendation
to authonze the City Manager to rmplement a beach parkmg rate program
consISting of (a) creation of short-term parkIng at the rate of $1 00 per hour
for a 2-hour stay within three beach lots, including approximately 75 spaces
in the 1640 Appian Way Lot, 85 spaces in the 2030 Barnard Way Lot. and
68 spaces in the 2600 Barnard Way Lot, and (b) reductIOn of the all day
parking rate to $5.00, year-round, m the 2030 and 2600 Barnard Way Lots,
was presented
The follo\\<111g spoke in support of the recommendalion Daniel Ehrler, Jerry
Rubin, and Roger Genser Chuck Allord spoke m OpposItlon to the
recommendatIon. Fred Whitlock spoke m support of preferentIal parking.
Leslie Paonessa and Gary Gordon spoke m support of an alternative plan
Linda Sullivan and Jan Palclukoff spoke in support of better marketmg and
signage for parkIng
MotIon by Councilrnember Bloom. seconded by Councrlmember McKeown.
to continue the meeting past 11 00 P m. The motion was approved with
Councilmembers Holbrook and Rosenstem voting m oppOSition
Motion bv Counclhnember Bloom, seconded by Mayor Genser. to approve
staff recommendation. to drrect staff to return at the earliest opportunity
With a status report on the program, and to drrect staff to reVIew the Bay
Street parkmg for safety issues The motion was approved by the following
vote:
AYES
Councrlmembers Bloom, Feinstem, McKeown, Rosenstem.
Holbrook. Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT'
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March 28. 2000
1196
PUBLIC HEARINGS:
STREET NAME
CHANGES
PICO BOULEVARD
BUSINESS IMPROVE-
MENT DISTRICT
10-A Public hearing to receive public input on, and resolution I
approving proposed name changes to three City Streets -
recommendatIon to hold a pubhc hearing and adopt a resolutIon changmg
the names of Ocean Avenue: The Promenade to Ocean Front Walk, and the
autoway between Appian and Ocean, to Pacific Terrace
On order of the Mayor, this matter to be consIdered on Apnl4. 2000.
1O-B: Public hearing to receive public input on the proposed
establishment of a Pico Boulevard Business Improvement Area
Assessment District, introduction and first reading of an ordinance
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING THE PICO BOULEVARD ASSESSMENT
DISTRICT," and authorization for the City Manager to negotiate and
execute Contract No. 7693 (CCS) with the Santa Monica Chamber of
Commerce to administer the funds coUected. was presented
The followmg members of the public spoke in support of the
recommendation Dan Ehrler, Margaret Engler, Burrie Beyer, Tom Burney,
and J1D1 Stebins.
The following indlVlduals spoke m opposition of the recommendatIon caroll
Jones, Gorton Vallely Joy Fullmer, Lmda Tait. and Brian Hutchings
expressed vanous concerns.
Motion by Councilmember McKeown, seconded by Counctlmember Bloom,
to mtroduce and hold first reading of the ordmance, and authorIZe the CIty
Manager to negotiate and execute the contract provided it is for no more
than one year
Substitute motion by Counctlmember Rosenstem, seconded by
Councilmember Holbrook. to approve recommendation as subrmtted. The
motIon fmled by the followmg vote
AYES:
NOES
Councilmembers Rosenstem, Holbrook
Councilmember Bloom. Feinstem. McKeown, Mayor Pro Tern
O'Connor, Mayor Genser
None
ABSENT:
The mam motion was approved by the following vote'
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AYES CouncIlmembers Rosenstem, McKeown. Feinstem, Bloom.
Mayor Pro Tern O'Connor, Mayor Genser
NOES' None
ABSENT None
ABSTAIN. CouncIlmember Holbrook
Motion by Mavor Genser. seconded by Mayor Pro Tern O'Connor. to
reVIew the 5% fee level and mvestlgate the Issue of late penalties on the BID
fee. The motIon was unannnously approved by VOIce yote, With all members
present
RESOLUTIONS: 12-A; Resolution No. 9498 (CCS) entitled: "AN ORDINANCE OF
AFFORDABLE HOUSING THE CITY OF SANTA MOl",ilCA REVISING AFFORDABLE
UNIT BASE FEE HOUSING UNIT BASE FEE FOR NEW MARKET RATE
CONDOMINIUM DEVELOPMENT," was presented
CounCllmember Holbrook
was excused at 11 30 p m
WRITTEN
COMMUNICATIONS.
AMENDMENT TO
MUNICIPAL CODE
TRAFFIC PLAN
Motion by Mayor Pro Tern Genser. seconded bv Counc1lmember McKeown
to adopt the resolutIOn readmg by title only. wmving further readmg thereof
The motIon was approved by the following vote'
AYES
Councdmembers Rosenstem. McKeown, Femstein. Bloom.
Mayor Pro Tern O'Connor, Mayor Genser
None
Counc1lmember Holbrook
NOES'
ABSENT.
13-A Request of RusseU Bennett to address Council requesting an
amendment to Municipal Code Section 9.04.20.10.030 to aUow
applicants to preserve and maintain the architectural integrity of
existing homes.
Motion by Mayor Genser, seconded by Councilmember McKeown. to direct
staff to imtIate an amendment to the zoning code whIch would modIfy the
variant section to allow the ability to have an extra story and exceed the
height limit in appropnate ClTcumstances. MotIon unanimously approved by
YOICe Yote, v,1th Councilmember Holbrook absent
13-B Request of Richard Vye, et at, to address Council requesting a
modification to the Traffic Engineering Plan to not build curb chokers
at Pearl and Centinela. was presented.
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March 28. 2000
1198
SIGN ORDINANCE
ENFORCEMENT
COUNCIL ITEMS:
L.A. COUNTY WEST
VECTOR CONTROL
The folloWIng members of the publtc spoke in support ofthe request Rogerl
Later. JoAnn Aylsworth, Chuck Allard, Art Friedman. Susan Onstad, and
Emmahe Hodgin
Member of the public Barbara Brown spoke m opposition of the request.
On order of the Mayor, the informatIon was receIved and filed
13-C. Request of Daniel Ehrler, on behalf of the Chamber of
Commerce, to address Council to discuss the logistics of enforcement of
the sign ordinance and request to consider a 30-day extension of the
Aprilll, 2000, enforcement date.
On order of the Mayor. the informatIon was recelVed and filed
14-A: Appointment to one vacancy on the Los Angeles County West
Vector Control District for a tenn ending December 31,2001.
The Mayor opened the floor for nommatJons Councllmember Rosenstem
nommated Nancy Greenstem There bemg no other nommatlons, Ms.
Greenstein was appointed by acclamation, WIth Councilmember Holbrook
absent
AIRPORT COMMISSION 14-B: Appointment to one unscheduled vacancy on the Airport I
Commission for a full tenn ending June 30,2003.
COMMISSION ON
OLDER AMERICANS
PROPOSED INCREASE
OF ADMINISTRATIVE
FINES IMPOSED
Alayor Pro Tern 0 'Connor
was excused at 12 35 a rn
Members of the public Jun Donaldson and Martm Rubm spoke m support of
appomting the appropriate person to the CorrunisslOn. There being no other
speakers, the public heanng was closed
On order of the Mayor, this matter was contmued to May 9.2000
14-C: Appointment to one unscheduled vacancy on the Commission on
Older Americans for a tenn ending June 30, 2000. (Contmued :from
March 7. 2000 )
On order of the Mayor, tins matter was contmued to May 9, 2000.
14- D: Request of Mayor Genser and Councilmember Bloom to direct
staff to analyze and report to the Council on the appropriateness of
placing a Charter Amendment on the November 2000 General Election
baUot to increase the limit on the size of administrative fines the City
may impose for violations of law.
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March 28. 2000
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PROHIBITION OF
EMPLOYEE
RET ALIA TION
ANALYSIS OF LIVING
WAGE INITIATIVE
PUBLIC INPUT:
CLOSED SESSIONS:
1199
Members of the public Martin Rubin. Jnn Donaldson, and Cathy Larson
spoke m favor of the request
Motion by CouncIlmember Bloom. seconded by Mayor Genser. to approve
request and m addItion. staff to research other possIbilities for law
enforcement efforts. The motIon was unanllnously approved, with
Councihnember Holbrook and Mayor Pro Tern O'CoIll1or absent.
14-E Request of Council members Bloom, Feinstein, and Mayor
Genser, to direct staff to return with an emergency ordinance
prohibiting any employer from retaliating in any way against
employees who advocate a position for or against a living wage
ordinance.
Motion by Mayor Genser, seconded bv CouncIlmember Bloom. to approve
request, Vvlth staff to return as soon as possible. and if appropnate Vvlth a
draft ordinance mcIuding alternative optIons The motion was unanimously
approved by vOIce vote. WIth CouncIlmember Holbrook and Mayor Pro
Tern O'COIll1or absent.
14-F Request ofCouncilmember Feinstein to direct staff to analyze
the potential effects of the proposed "living wage initiative".
Motion by CouncIlmember Femstein. seconded by Councihnember Bloom.
to approve request to include re\<lew of the breadth and narrowness of the
initiatIve. includmg wInch workers will and will not be covered. and an
analysis of pay and benefits of those workers covered and involved in CIty
contracts over $25.000 MotIon unanllnously approved, with
CouncIlmember Holbrook and Mayor Pro Tern O'Connor absent.
The following members of the public were present to speak Pro Se spoke
m support of a cormrnssion to represent the CIty'S disabled reSIdents: Chuck
Allard expressed safety concerns regardmg day laborers gathermg on street
corners, Art Casillas expressed concerns regarding Police Department
policy: Darlene McNama expressed concerns about trees bemg cut down in
her trailer park: Jerry Rubin spoke in support of addItional pubhc
Information when CouncIl makes appointments to boards and comnnSSIons.
16-A: Conference with Legal Counsel- Existing Litigation: C.W. Hotel
Limited Partnership v. City of Santa Monica, Case No. BS 060 010.
Councl/member Rosenstem
was excused at 1 20 a m ACTION'
Not heard.
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March 28, 2000
1200
16-13 Conference with Legal Counsel- Existing Litigation: Michael I
Davis, et al., v. Citv of Santa Monica, Case No. 98 C 00152.
MotIon by CouncIlmember McKeo\\lIl, seconded by CouncIlmember
Femstein. to approve a settlement in the amount of$16.308.00 The motIon
was approved by the follov,wg vote.
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Femstem, McKeown.
Mayor Genser
None
Councilmembers Holbrook, Rosenstein.
Mayor Pro Tern O'Connor
16-C: Conference with Legal Counsel- Existing Litigation: Shoberv.
Citv of Santa Monica, Case No. SS 005 575.
ACTION:
Heard No reportable action taken.
16-D: Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc. v. City of Santa Monica, Case No. SS 007 078.
ACTION:
Heard. No reportable actIon taken
I
16-E Conference with Legal Counsel- Existing Litigation: Palisades
Beach Property Owners Association v. State of California Department
of Transportation, Case No. BC 220026.
ACTION:
Heard. No reportable actIOn taken
16-F: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Six.
Motion by CouncIlmember Bloom, seconded by Councilmember McKeown,
to approve a settlement in the Throckmorton Clarrn for $24,081 18 The
motIon was approved by the followmg vote:
AYES
NOES
ABSENT.
Councillnembers Bloom. Femstein. McKeo",n.
Mayor Genser
None
Councilmembers Holbrook. Rosenstein.
Mayor Pro Tern O'Connor
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March 28. 2000
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ADJOURNMENT
'- -
1201
Motion by Councilmember Feinstem, seconded by Councilmember Bloom.
to approve a settlement on the Pacrlic Park Claim relative to terms and
conditIOns ofperrmt. neighbor notIfication and payment ofsecunty fee.
On order ofthe Mayor. the City Council meetmg was adjourned at 1 38 am,
to Apnl 4, 2000. in memory of Grace Hemz and Harry Barovsky
ATTEST~-
" _ L>.- C'-__,._ ,~,-\ .~~_ c~.;\
Mana M Stewart
City Clerk
12
~OVED'
KenG~
Mayor
March 28. 2000