M-3/7/2000
1172
CITY OF SANTA MONICA
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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
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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.
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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.
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March 7. 2000
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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
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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.
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March 7,2000
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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
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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
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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
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March 7. 2000
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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
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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.
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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
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March 7,2000
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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
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\ ',- '-'--'---4_ '-- -- \"":;_L 'L i.J.
Maria M Stewart
City Clerk
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March 7. 2000