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M-3/7/2000 1172 CITY OF SANTA MONICA I CITY COL'NCIL MINUTES MARCH 7, 2000 An adjourned regular meeting ofthe Santa MOllica City CouncIl was called to order by Mayor Genser 620 pm, on Tuesday. March 7. 2000, at CIty CouncIl Chambers, 1685 Main Street Roll Call: Present . Mayor Ken Genser Mayor Pro Tern Pam O'Connor Councilmember Richard Bloom Councilmember Michael Femstem CouncIlmember Robert T Holbrook Councllmember Kevin McKeown CouncIlmember Paul Rosenstein Also Present' City Manager Susan McCarthy City Attorney Marsha Jones Moutrie CIty Clerk Maria M. Stewart CLOSED SESSIONS RECONVENEIPLEDGE SPECIAL JOINT MEETING: PARKING GARAGE- 1136 4ffi STREET CLOSED SESSIONS On order ofthe Mayor. the City Council convened at 6 20 pm. and then adjourned to consider closed sessions. ActIOn taken I on closed sessIOns was reported at the end of the meeting On order of the Mayor the City Council reconvened at 7:16 p.rn., with all members present CouncIlmember Bloom led the assemblage in the Pledge of AllegIance At 7 20 pm., the City Council recessed to a specialjomt meeting WIth the Redevelopment Agency, \'.o1.th all members present. 4-B: CC/RA-2 Contracts for construction ofa 293 public space and 30 private space parking garage at 1136 4th Street and amendment to loan agreement between the City and the Agency - recommendation to authorize the CIty Manager/Executive Director to negotiate and execute sole source Contract No. 7681 (CCS/RAS) with Fourth Street Services CorporatIon. ill the amount of $5,580, 775, for COnstructIon of a 293 public- spaces, and 30 pnvate-spaces parking garage at 1136 4th Street; approve an aIllendment to illcrease the Reimbursement Agreement No 7353 (CCS/RAS) between the City and the Agency by $569,848 for constructIon of the proJect, authonze the City Manager/ExecutIve Drrector to negotIate March 7,2000 I I I I ADJOURc"lMENT CONSENT CALENDAR: MINUTES EARTHQUAKE RECOVERY 1173 and execute Contract No. 7682 (CCSIRAS) with ConstructIon Manage- ment, Inc., m the amount of$140.000 to morutor construction of the project, approve the budget adjustments as proposed m the report On order of the Mayor. the pubhc hearing was opened. Joyce Fullmer expressed varIous concerns Motion by Councilmember RosensteIn, seconded by Councilmember McKeo'WTI to approve staff recommendation The motion was approved by the followmg vote AYES CounCllmembers Holbrook. Rosenstein, McKeoV\.TI. Femstem, Bloom. Mayor Pro Tern O'Connor. Mayor Genser None None NOES: ABSENT On order of the Mayor. the special joint meeting was adjourned at 7'38 p.m., and the regular CIty CouncIl meetmg was reconvened The Consent Calendar was presented, whereby all Items are conSIdered and approved in one motion unless removed from the calendar for diSCUSSIOn On order ofthe Mayor, the pubhc hearing was opened. Joey Fullmer expressed varIous opinIOns, Chuck Allord spoke m opposition to item 6-D, and Cy Askari spoke in support ofnems 6-C and 6-D Motion by Mavor Pro Tern O'Connor, seconded by Councilmember Bloom. to approve all items on the Consent Calendar as presented, reading resolutions and ordmances by tltle only and waiVIng further readmg thereof. The motIon was approved by the follo'Wlllg vote AYES: Councllmembers Bloom.. Feinstem, McKeown, Rosenstem. Holbrook. Mayor Pro Tern O'Connor, Mayor Genser None None NOES' ABSENT: 6-A The minutes of December 7,1999. City CounCIl meetmg. were approved as subnutted. 6-B: Earthquake Recovery Resolution - ResolutIon No 9490 (CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. 2 March 7. 2000 1174 1254 24TH STREET - FINAL PARCEL MAP PAN REVIEW A~D INSPECTION SERVICES 6-C Resolution No. 9491 (CCS) entitled: "A RESOLUTION OF THE I CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO 25393 TO SUBDIVIDE A PROPERTY AT 1254 24TH STREET FOR A FOUR-UNIT CONDOMINIUM PROJECT," was adopted 6-D: Contract and contract amendment for plan review and inspection senrices for the Building and Safety Division - recommendation to authorIZe the City Manager to negotiate and execute an amendment to Contract No 7561 (CCS) WIth EsGIl Corporation, in the amount of $200,000, to proVIde additional plan reVIew services; and, to negotiate and execute Contract No 7683 (CCS) '>,1th JAS Pacific Inc., in the amount of $80,000, to provide mspection servIces. was approved. BEACH IMPROVEMENT 6-E Contract amendment to oversee installation of restroom roofs, PROJECT Beacon/Overlook Art Element, and completion of the Beach Improvement Group Project - recommendatIon to authorize the CIty Manager to negotiate and execute an amendment to Contract No. 7308 (CCS) \'\Iith Black and Veatch Corporation, m the amount of$67,802. for construction management services during completion of the project. was approved. MIDDLE-MANAGEMENT 6-F Purchase order for provision of supenrisory and middle- I AND SL1J>ERVISORY management skills training for Big Blue Bus Department stafT - SKILLS TRAINING recommendatlon to authorize a purchase order amendment to Insight Strategies. InCh m the amount of$41.000. to pro"1de addttional work m supen1sory and middle management skill training. was approved CIVIC AUDITORIUM - WAIVER OF FEE WATER MAIN REPLACEMENT PROJECT DESTRUCTION OF POLICE RECORDS 6-G: Request to waive rental fee for use of the Civic Auditorium by the Santa MOllica College Symphony's 70m Anniversary Orchestra Gala and approval to charge admission fee, was approved 6-H. Construction ofFY 1998-99 Water Main Replacement Project at various City locations - recommendation to authonze the City Manager to negotIate and execute Contract 7684 (CCS) WIth MaJlch Brothers, Inc., in the amount of$I,322,543. for constructIon of the water mains, and, authorIZe the City Manager to negotIate and execute Contract No 7685 (CCS) with Caltrop Engmeering CorporatIon. m the amount of$144.000, for constructIon management senices for the project, was approved 6-1: Resolution No. 9492 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING DESTRUCTION OF CERTAIN RECORDS OF THE POLICE DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTION 34090;' was adopted. I ., J March 7. 2000 I I I 1175 ASSIST ANT CITY 6-J: Recommendation to authorize the City Manager to execute MANAGER CONTRACT Employment Agreement No. 7686 (CCS) with Gordon R. Anderson, Assistant City Manager, was approved COl'lTLICT OF 6-K' Resolution No. 9489 (CCS) entitled: "A RESOLUTION OF THE INTEREST RESOLUTION CITY OF SANr A MONICA AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS REQUIRED TO FILE STATEMENTS OF ECONOMIC INTEREST,'" was adopted. ORDINANCES: EVICTION PROTECTIONS 8-A Second reading and adoption of Ordinance No. 1965(CCS) entitled; "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE MUNICIPAL CODE TO ESTABLISH EVICTION PROTECTIONS FOR CHILDREN OF DOMESTIC PARTNERS," was presented. Motion by Councilmember McKeown, seconded by Councdmember Feinstein, to adopt the ordinance. readmg by tItle only and waiving further reading thereof 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; CONSTRUCTION RATE 8-B- Introduction and adoption of interim emergency Ordinance No. PROGRAM AND DESIGN 1966 (CCS), entitled: "AN ORDINANCE OF THE CITY OF SANTA COMPATIBILITY MONICA ESTABLISHING A CONSTRUCTION RATE PROGRAM FORMULTI-FAMIL Y DEVELOPMENT I~ ALL MULTI-FAMILY RESIDENTIAL DISTRICTS; ESTABLISHING A DESIGN COMPATIBILITY PERMIT; REQUIRING A DESIGN COMPATIBILITY PERMIT FOR THE DEVELOPMENT OF CONDOMINIUMS: AND, DECLARING THE PRESENCE OF AN EMERGENCY," recommendation to revIew modIficatIOns to the R2 and R3 development standards for projects with State DenSIty Bonus Units and direct staff to prepare a ResolutIon ofIntentIon to amend the zonmg ordmance. re"lew the analysis of AB 438 and drrect staff to prepare the 1998-2005 Housing Element Update; adopt Resolution No 9493 (CCS) entItled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF ASSEMBLY BILL] 744, and. reVIew updated Affordable Housing ProductIOn Program fee analyses and drrectlon to staff to prepare an approprIate fee resolutIon, was presented 4 March 7. 2000 1176 EXTENSION OF MORATORIUM MotIon bv Councilmember Rosenstem, seconded by CouncIlrnember I Holbrook. to continue this matter for up to six weeks. contmue the moratorium and drrect staff to return to COunCll after there has been an opportunity to hold a public workshop. MotIon failed by VOIce vote with CouncIlrnembers Bloom, FeinsteIn, McKeown, Mayor Pro Tern O'Connor and Mayor Genser votmg in opposItion Motion by Counctlmember Feinstein. seconded bv CouncIlmember Bloom. to combme this Item Wlth Item 14- F. The motion was ullanImously approved by voice vote, wlth all members present 14-F Request of Councilmember McKeown and Mayor Genser that Council discuss extension of the current multi-family construction moratorium to respond to recent changes in state law and Santa Monica's housing market. On order of the Mayor, the public hearIng was opened for both Items 6-B and 14-F The following members of the public spoke ill favor of delaying adoption of the ordinance for more public review: KatWeen Masser, Annette Del Zappa, Chuck Allord, Kathy Krught, and Bob Loftus. The followmg members of the pubhc spoke in favor of adopting the I ordmance and offered suggestIOns: Howard Jacobs and Pam Vavra. The following members of the public spoke m OppoSItIon to the ordmance Darrell Clark, Tony Stenger, Sheila Wells. Bill Bacher. Mary Joe Stenger, Ellen Brennan, Robin Waner, and Arthur Harris The following members of the public spoke in support ofcontinumg with their own development projects James Jacobson. Louis Magur, and Chris Hardmg representing JMS Jac()bson. Ken Kutcher suggested VarIOUS changes to the ordmance; Giles Srmth and Peter TIgler spoke against modifications to the R2 and R3 areas; Michael Tarbet spoke m support ofm lieu fees for affordable housing; Tim Simmons spoke in support of protection and character of neIghborhoods: Doris 80sm spoke m support of affordable housmg and parks; David Cole spoke m support of reconsideration of density, heIght, parkmg and green space. 5 March 7,2000 I I I I 1177 RECESS On order of the Mayor, the City Council recessed at 9 17 p.m, and reconvened at 9:35 p rn., with all members present Motion by CouncIlmember McKeown., seconded bv Mavor Gensel. to break and delIberate on the recommendatIon mto sections and begm WIth the Density Bonus portIOn. MotIon unanimously approved by vojce vote. With all members present Motion bv Councilmember McKeown, seconded by Mayor Genser. to reject recommendation to direct staff to prepare a resolution of mtention to amend the R2 and R3 development standards With projects WIth state density bonus umts The motIon was approved by the following vote: AYES Councilmembers Bloom, Feinstein. McKeo\'<TI.. RosensteIn. Holbrook. Mayor Pro Tem O'Connor, Mayor Genser None None NOES: ABSENT: Motion by Counctlmember McKeown, seconded bv Councilmember FeinsteIn, to amend the proposed ordinance SectIon 2, "ConstructIon rate program" on page 6 to read: "This restrictIOn shall apply for twem eie;hteen months after issuarIce of a butlding peftnlt, .. .. The motIon was approved by the following vote: AYES: Counctlmemhers McKeo'WTI.. Feinstem, Bloom, Mayor Pro Tem O'Connor, Mayor Genser Councllmembers RosensteIn. Holbrook None NOES ABSENT: Councilmember Rosenstem stated, for the record, that he voted m opposition because he questIons the legality ofthe action. and questions votmg for somethIng for which there has not been adequate diSCUSSIOn ill the commumty Councilmember Holbrook stated, for the record, that he voted in oppOSItIon because of hIs concern about exempting muItiple-farntly affordable housmg projects from the 18- month construction rate program, and feels these projects should be subject to the same rules that other developers have to follow. MotIon by Mayor Genser. seconded by Councilmember McKeo\'<TI.. to hold first reading and adopt the ordinance as amended. readmg by title only and wmvmg further reading thereof, and including estabhslunent of a design 6 March 7, 2000 1178 Councllmembers Bloom and Holbrook Y1'ere excused at 1114pm compatIbility permit, and requirmg the permIt for development of condomilliums The motion was approved by the follO\"mg vote I AYES CouncIimembers Holbrook. McKeown. FelDStein. Bloom. Mayor Pro Tern O'Connor, Mayor Genser None Councihnember Rosensteill None NOES: ABSTAIN ABSENT CouncIimember Rosenstein stated, for the record, that he abstained because of the lack ofpubhc mput, disCUSSIOn and analyses on these ISsues Mahon by Counctlmember FelllStem, seconded by CouncIlrnember Bloom, to contmue the meeting past 11 :00 p m Motion approved by VOIce vote WIth CouncIlrnember Rosenstem votmg m opposition Motion by Mayor Genser. seconded bv Counctlmember McKeown. to dIrect staff to return on March 28, 2000. with an ordmance extending the moratorium for a short penod oftnne (to be deterrmned by staff) m order to allow addItional time for analyses. communIty input and dIScussion on adoptIOn of an illterirn standard reducing the envelope SIZe m R2 and R3 neighborhoods city-WIde, the same as the eXlstmg north ofWilshrre standards; look at mcentIves for preservatIon of eXlstmg character-giving I structures in the City' s reSidential neighborhoods: mcentlVes for property owners to mamtain eXlStmg affordable housing; reVIewmg pOSSIble modIficatiOns to the demolitIon ordinance to give additional reView tnne to proposed demolition of character-gi"\-mg structures; to allow community dISCussion on the proposed in-lIeu fees; and allow stafftnne to initiate a process of peer-reView offeaslbility ofm-lIeu fees for nexus issues; reView possible exemptIons to the construction rate fee ordmance, and look at the 500 foot radius when there are both a single and a multl-fan1i1y structure being built. The motion was unanimously approved by voice vote, WIth all members present Motion by Counctlmember Feinstein, seconded by Councilmember McKeown, to direct staff to prepare the 1998-2005 Housing Element Update Motion unanimously approved by voice vote, '>\lIth all members present. Motion bv CouncIimember McKeown. seconded bv Councilmember Feinstem, to adopt a resolutIon m support of Assembly Bil11744. Motion approved by VOIce vote, with Councilmembers Bloom and Holbrook absent 7 I March 7. 2000 I I I Councllmember Bloom returned at 11 16 pm SUSPENSION OF VENDING PERMITS Councllmember Rosenstem was excused at 11 20 p m COUNCILMEMBER ITEMS: PIER RESTORATION CORP. COMMISSION ON OLDER AMERICANS 1179 Motion bv Councilmernber McKeown, seconded by Mayor Pro Tern O'Connor, to direct staff to prepare an approprIate fee resolutIOn based on Affordable Housing ProductIon Program fee analyses MotIon unarumously approved. \'<lth CouncIlrnernber Holbrook absent MotIOn bv Mayor Genser, seconded by Councilmember Bloom, to direct staff to reVIew the pOSSIble exemptIon to the constructIon rate fee ordInance for projects that would replace non-conforrmng commercial butldmgs on R2 and R3 lots. Motion unanImously approved by voice vote. with Councilmernber Holbrook absent 8-C Introduction and adoption of emergency Ordinance No. 1967 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SUSPE1\iTIING SECTION 6.36 070 OF THE MUNICIPAL CODE GOVERNING ALLOCATION OF DO\VNTOWN VENDING PERi'vllTS AND DECLARING THE PRESENCE OF AN EMERGENCY" Motion bv Mayor Genser, seconded by Mavor Pro Tern O'Connor to mtroduce and adopt the ordinance, reading by title only and WaIVlllg further readmg thereof The motion was approved by the follo\'<lDg vote. AYES Councilmembers Bloom. Femstein. McKeo\'<n. Mayor Pro Tern O'Connor, Mayor Genser None Councilmembers Rosenstein. Holbrook NOES: ABSENT 14-A Discussion on the size ofthe membership on the Pier Restoration Corporation; annual appointments to vacancies on the Pier Restoration Corporation: four terms ending November 14, 2001, and four terms ending November 13, 2002. (Contmued from February 22, 2000) On order 0 f the Mayor. staff dIrected to work with the Pier Restoratlon CorporatIOn to mocWy by-laws to adJust the duratIon and rotation ofterms as proposed by Pier RestoratIon CorporatIon. 14-B Appointment to one unscheduled vacancy on the Commission on Older Americans for a term ending June 30, 2000. (Contmued from February 22,2000.) On order of the Mayor. thIs matter was contmued to March 28,2000. 8 March 7, 2000 1180 MILLION MOM MARCH 14-C Request ofCouncilmember Bloom to adopt a resolution in I support of the Million Mom March Across America. to be held May 14, 2000, dedicated to the mission of providing education about the life- threatening danger of guns. (Contmued from February 22, 2000.) MotIon by Counctlmember McKeown, seconded by Counctlmember Femstem, to approve request. MotIon unanimously approved by VOIce vote, wIth CouncIlrnembers Rosenstein and Holbrook absent PARKS AND RECREATION RESIGNATION 14-D: Accept Susan Wilson's resignation letter from the Parks and Recreation Commission and authorize the City Clerk to publish the vacancy. Motion by Mayor Pro Tem O'Connor, seconded by Mayor Genser, to accept the letter If resignatIOn The motion was unanmIously approved by VOIce vote, WIth CouncIlrnembers Rosenstein and Holbrook absent TENANT PROTECTION 14-E: Request of Councilmember McKeown to direct staff investigation, assessment and suggestion for establishing first priority on City-assisted housing for Santa Monica residents displaced involuntarily and through no fault of their O'wn, including those removed under the Ellis Act or by owner occupancy, natural disaster, I safety code enforcement or Section 8 opt-out. Motion by Counctlmember McKeown. seconded by Councilmember Bloom, to approve request. MotIon unanunously approved by VOIce vote. with Councilmembers Rosenstein and Holbrook absent. CLOSED SESSIONS: 16-A- Conference with Legal Counsel- Existing Litigation: Davis, et aL, v. City of Santa Monica, Case No. 98 C001S2. ACTION Not heard. 16-B Conference with Legal Counsel- Existing Litigation: Foodmaker v. City of Santa Monica, Case No. SS 007 078. ACTION: Not heard. 16-C. Conference with Legal Counsel- Existing Litigation: Shober v. City of Santa Monica, Case No. SS 005 575 ACTION: Not heard 9 March 7,2000 I I I I PUBLIC INPUT ADJOURNMENT: 1181 16-D. Conference with Legal Counsel- Anticipated Litigation. Number of cases: Four. ACTION Two cases heard No reportable actIOn taken Members of the pubhc Art CasIllas and Bnan Hutchings expressed vanous concerns. On order of the Mayor. the City Council meeting was adjourned at 12'30 a.m. to March 21, 2000, at 6 15 P m m memory of Roosevelt Porter and Leanard S JanofSky. ATTESl':" ~PROVED ~~~ \ ',- '-'--'---4_ '-- -- \"":;_L 'L i.J. Maria M Stewart City Clerk 10 March 7. 2000