M-2/22/2000 (2)
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1157
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 22, 2000
A regular meetmg of the Santa Monica CIty CouncIl was called to order by Mayor Pro Tern
O'Connor at 6:20 p.m. on Tuesday, February 22.2000, at City Counc1l Chambers, 1685 Mam
Street
Roll Call:
Present
Absent
Mayor Pro Tern Pam O'Connor
Councllmember Richard Bloom
Counc1lmernber MIchael Fernstem
Counc1lmember Robert T Holbrook
Councllmember KeVlIl McKeo"'TI
Councihnember Paul Rosenstem
Mayor Ken Genser
Also Present City Manager Susan McCarthy
CIty Attorney Marsha Jones Moutne
CIty Clerk Maria M Stewart
CLOSED SESSIONS
RECONVENEIPLEDGE
REDEVELOPMENT
AGENCY MEETING
MID-YEAR REVIEW
CLOSED SESSIONS. On order ofthe Mayor Pro T em. the City Council
convened at 6:20 p.m.. ",ith Mayor Genser absent, and then adjourned to
consIder closed seSSIons. Action taken on closed seSSIons was reported at
the end of the meetmg
On order ofthe Mayor Pro Tern. the CIty Councll reconvened at 7 22 p.m.
WIth Mayor Genser absent The chIldren III the audIence led the assemblage
in the Pledge of AlleglaIlce
At 7 32 p m _ a specIal meetmg of the City CouncIl and the Redevelopment
Agency was convened. ",ith Mayor Genser absent.
4-B CCIRA-2 - Fiscal year 1999-2000 Mid-Year Budget review and
adoption of associated budget changes, including provision of financial
assistance to the Board of Education - adoption of City Council resolutIon
estabhshmg new classificatIons and salary rates for various positions, and
that the CIty Council and the Redevelopment Agency adopt resolutIons
approvlllg revenue and expendIture budget changes.
February 22, 2000
1158
RECESS
Councllmember AfcKeo-wTI
excused at 9 32 pm
On order of the Mayor Pro Tern, the public hearing was opened The I
followmg members of the pubhc spoke m support of financial assistance to
the school district Dave Tillipman, Neil Carrey, David Cole, Sheila
Forsander, John Petz. Donna Block. Carolme Gray, Bill Lockton. Phil
Brock, Abby Arnold, Marty Smith, Rick Gates. LISa Noonan, Larry Goetz,
Dan Ehrler, Glona Curiel, Judy Abdo, LOUIse Jaffee. Craig Hamilton,
Dorothy Chapman. Pablo SotoJ. Gene Gebman. Martha SotaJ. Denms lane,
Mrs. Pacheco. Ehzabeth SotoJ. Chris Harding, Harry Keiley, Ralph Mechur,
Linda Gaeta, Andrew Denyer, Marc Sanschagnn, and Frank Gruber
The followmg members of the pubhc spoke m support of contmued funding
for Manne Park Child Care and school fundmg: Desmond Buntmg. John
Prindle, Bryan Gordon, Shen Olman, Blanca Malpartida, Ron Schlessmger,
Lillie Schlessinger. and Anne Geffuer
Ellen Brennan spoke in support offundmg for South Beach services. Joy
Fullmer and Bnan Hutchings expressed varIOUS concerns
On order ofthe Mayor Pro Tern, the City Council recessed at 9'12 pm., and
reconvened, \vlth Mayor Genser absent. at 9'32 p.m.
Councilmember McKeo~n recused hnnselffrom the discussion and
deliberations for fundmg for the school dlStnct due to a conflict of mterest.1
Motion by Councllmember Holbrook. seconded bv Counclhnember
Rosenstem.. to approve the $2 I funding recommendation, to dIrect staff to
IdentIfy additional sources for gap funding to avert need for distnct budget
cuts in fiscal year 2000-2001, to asSISt the dlstnct to ensure there IS the
independent finanCIal accounting necessary. and. to continue to work With
the DIstrict to IdentIfy State and Federal sources offindlIlg m the
commumty-at -large
MotIon to amend by CouncIlrnember Rosenstein. seconded by
CouncIlrnember Holbrook. to approve disbursement of the funds once the
School Distnct sets up ItS independent finanCIal overSIght committee and
returns to Council ~lth a report The motion to amend failed by the
following vote:
AYES:
NOES:
Councilmembers Holbrook. RosenstelIl
CouncIlrnembers Feinstem, Bloom. Mayor Pro Tern
O'Connor
CouncIlrnember McKeo\\n, Mayor Genser
ABSENT
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February 22,2000
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1159
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~fotion to amend by CouncIlmember Holbrook, to include m the motion that
approval IS made v,1th the understanding that the School District will
pro\<ide an update on the mdependent finanCIal oversight committee to the
CIty CouncIl V,1thm three months. MotIon accepted as friendly by the maker
and seconder of the main motIon.
MotIon bv CouncIlmember Femstein seconded bv CouncIlmember Bloom.
that the motion be voted upon m two parts. The first part bemg the
appropnatlon of the $2.1 millIon dollars, and the second part being the
remainder ofthe moHon. The motIon to approve appropnation of funding
fiuled by the following vote:
AYES
NOES
ABSENT
Councilmembers Bloom, Femstein, Holbrook
CouncIlmembers Rosenstein, Mayor Pro Tern O'Connor
Councllmember McKeown, Mayor Genser
Councilmember Holbrook requested hIs vote be changed to "no" for a final
follov,mg vote
AYES
NOES
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ABSENT:
Councllmembers Bloom. Feinstem
CouncIlmembers RosensteIn. Mayor Pro Tern O'Connor.
Holbrook
Councilmember McKeown, Mayor Genser
MotIon bv CouncIlmember Holbrook, seconded by Mayor Pro Tern
O'Connor, to reconsider thIs matter at the next meetmg on February 29,
2000. The motion was approved by the follov.mg vote:
AYES
NOES:
ABSENT
Councllmembers Holbrook. RosensteIn. Femstelll, Bloom.
Mayor Pro Tern O'Connor,
None
Councilmernber McKeown, Mayor Genser
Motion by CouncIlmember Feinstelll, seconded by CouncIlrnernber Bloom.
to continue the meeting past 11 :00 p rn. The motIon was unaninlOusly
approved by voice vote, Wlth Councilmernber McKeov,n and Mayor Genser
absent
Motion by CouncIlmember Feinstein, seconded by Councilmember Bloom.
to direct staff to identtfY addItional sources for gap fundmg. Motion
unanImously approved by voice vote, with Councilmember McKeown and
Mayor Genser absent
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February 22, 2000
1160
MotIon bv Councilmember Feinstem, seconded by Councilmember Bloom. I
to drrect staff to consult wIth the School Board and return v,1th appropriate
recommendations to ensure there IS funding for the cost of the finanCIal
accounting to be done by the school district. The motion was unarrimously
approved by voice vote, with Councilmember McKeown and Mayor Genser
absent
On order of the Mayor. the pubhc hearing for this matter was closed. and
deliberations continued on the remainder of the budget review.
Councllmember AfcKeown
returned at 11 05 P m
Motion by CouncIlmember McKeov,TI, seconded by CouncIlmember
Rosenstem, that CIty COunCll adopt Resolution No. 9481 (CCS) entitled "A
RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING
l'i'"EW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
VARIOUS POSITIONS:' reading by tItle only and waivmg further readmg
thereof The motIon was approved by the follov.ing vote:
AYES
Councilmembers Holbrook, RosensteIn. McKeown.
Femstem, Bloom. Mayor Pro Tern O'Connor
None
Mayor Genser
NOES'
ABSENT
MotIon by CouncIlmember McKeov,l1. seconded by Councllmember J
Holbrook, to adopt Resolution No. 9482 (CCS) entitled "A RESOLUTIO
OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR
THE FISCAL YEAR 1999-2000.'" and approving revenue and expenditure
budget changes, readmg by title only and waiving further reading thereof.
The motIon was approved by the followmg vote:
AYES'
CouncIlmembers Bloom, Femstem, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor
None
Mayor Genser
NOES
ABSENT
ADJOURNMENT On order of the Mayor, IDe specialjomt meetmg was adjourned at 11 15
p.m., and the CIty Council reconvened to its regular meetmg with Mayor
Genser absent
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are consIdered and
approved ill one motIon unless removed from the calendar for discussion.
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February 22, 2000
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MINUTES
EARTHQUAKE
RECOVERY
TEEN SAFETY
PROGRAM
1161
Members ofthe publIc Megan McCarver. Kristi Foster. and Joe Natoli
spoke m favor ofItem 6-I Member of the publIc Jlill Stebinger spoke in
favor ofItem 6-K. Member of the public Jerry Rubm spoke in support of
Item 6-E Member of the public Chuck AIIord expressed concerns regarding
Item 6-H Members ofthe publIc Marc Appleton and Shlomo Menkes
spoke m opposition to Item 6-I
At the request of Councilmember McKeo\\l1. Item 6-H was removed from
the Consent Calendar At the request of Mayor Pro Tern O'Connor, Item
6-D was removed from the Consent Calendar At the request of
CouncIlmember Rosenstem. Item 6-E was removed from the Consent
Calendar
MotIon by Councllmember Rosenstem. seconded by CouncIlmember
McKeo""l1, to approve all items on the Consent Calendar except 6-D, 6-E,
and 6-H, as presented, readmg resolutIons and ordmances by title only and
waJ\<1ng further reading thereof The motIon was approved by the following
vote
AYES:
Councilmembers Holbrook, Rosenstelll, McKeo\\ll,
Femstein, Bloom, Mayor Pro Tern O'Connor
None
Mayor Genser
NOES:
ABSENT:
6-A: The minutes of November 16. and November 23,1999. CouncIl
meetmgs, were approved with the mmutes of November 23. as amended
6-B' Earthquake Recovery Resolution - Resolution No 9483 (CCS)
entItled. "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
6-C Acceptance of grant funds and implementation of the teen traffic
safety program entitled Every 15 Minutes - recommendatIOn to authorize
the City Manager to negotiate and execute an agreement WIth the Cahfornia
Department of Alcohohc Beverage Control to receive grant funds for the
lillplementation of a teen-program to prevent alcohol or drug-related traffic
collisions; and, approve proposed budget changes, was approved.
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February 22,2000
1162
COMPUTER SYSTEMS
SERVICES
415 PACIFIC COAST
HIGHWAY - ROOF
PREFERENTIAL
PARKING ZONE
ENVIRONMENTAL
ANALYSIS
PARKING BUSINESS
IMPROVEMENT AREA
PROPOSITION 14
6-F' Provision of technical services for enhancement and support of I
City computer applications - recommendation to authorize the City
Manager to negotiate and execute Contract No 7670 (CCS) \\1th Futllfe
Technology Personnel, m the amount of $75,000. Contract No 7677 (CCS)
Wlth Carrera Consultmg Group, ill the amount of$200,000, and. Contract
No. 7678 (CCS) with LAN CommunicatIOns and Consulting, in the amount
of$125,000. to proVide techmcal services for enhancement and support of
CIty computer applicatIons, was approved
6-G' Contract for roof replacement of Main Locker Building at 415
Pacific Coast Highway - recommendation to authorIZe the City Manager to
negotiate and execute Contract No. 7671 (CCS) with Coast Roofing
Company, Inc., ill the amount of$39,003, for replacement of the Main
Locker Buildmg roof, was approved
6-1 Resolution No. 9487 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA EXPANDING PREFERENTIAL
PARKING ZONE KK TO INCLUDE 17TH STREET BETWEEN
SANTA MONICA BOULEVARD AND COLORADO AVENUE AND
AMENDING RESOLUTION NO. 9344(CCS)," was adopted. and
recommendatIon to approve proposed budget adjustments, was approved.
6-J: Contract amendment for provision of additional environmental I
analysis for development project at 1751 Appian Way - recommendatJo
to authorize the City Manager to negotiate and execute an amendment to
Contract No. 6997 (CCS) Vvith EIP Associates. in the amount of
$32,69460, for additional analYSIS required to process the applicatIon for
the project Project apphcant to reimburse cost to the City was approved.
6-K Resolution No. 9488 (CCS) entitled: "A RESOLUTION OF
INTENTION OF THE CITY OF SANTA MONICA TO ESTABLISH
A PARKING AND BUSINESS IMPROVEMENT AREA IN THE
PICO BOULEVARD AREA AND SETTING MARCH 28, 2000, FOR
A PUBLIC HEARING ON THE PROJECT," was adopted
6-D: Resolution No. 9484 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA IN SUPPORT OF PROPOSITION 14-
CALIFORNIA READING AND LITERACY IMPROVEMENT AND
PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND
ACT OF 2000, was adopted.
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February 22. 2000
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EARTH DAY 2000
GRANTS-PEDESTRIAN
IMPROVEMENTS
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Mayor Pro Tern O'Connor ad\<1sed she had removed tills Item from the
Consent Calendar to highlight ItS importance
Motion by Mayor Pro Tern O'Connor, seconded by Counclhnember
McKeown. to adopt the resolutIon, readmg by title only and waiving further
reading thereof The motion was unanimously approved by voice vote. with
Mayor Genser absent.
6-E Resolution No. 9485 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA IN SUPPORT OF EARTH DAY 2000
CLEAN ENERGY AGENDA AND APPROVAL OF SPONSORSHIP
OF EVENTS," was adopted, and recommendation to approve co-
sponsorshIp and financial support in the amount of S50.000 for planned
public events. was approved.
Councilmember Rosenstein advised he had removed this item from the
Consent Calendar to express his support for the event and encouraged its
taking place on the Santa Monica PIer
Motion by CouncIlmember Rosenstein, seconded by Councllmember
Feinstem. to adopt resolutIon. reading by tItle only and waiving further
readmg thereof, and approve funding. The motIon was approyed by the
following vote
AYES:
Councilmembers Bloom. Feinstein, McKeo\\l1. Rosenstem.
Holbrook, Mayor Pro Tern O'Connor
None
Mayor Genser
NOES:
ABSENT'
6-H Resolution No. 9486 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING AGREEMENTS AND
RECEIPT OF GRANT FUNDS FOR TRANSPORTATION AND
PEDESTRIAN IMPROVEMENT PROJECTS" - recommendatIon to
adopt a resolution authonzmg the CIty Manager to execute agreements Wlth
the M T A to receIve grant fundmg for Big Blue Bus Bike Rack Program,
Walkable Westslde Pedestrian Safety CampaIgn. PedestTJan ExtensIon to
DO\\l1tOwn Transit Mall, Ocean Avenue Signal Synchronization, ExpOSItion
Comdor Commuter BIke Path, and Santa Monica Transit Servmg Parking
Facility, and approve the proposed budget changes, were presented
Staff responded to various questions from CouncIlmember McKeown.
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1164
ORDINA..~CES:
REPORTS - BOARDS
AND COMMISSIONS:
UNIVERSAL
ACCESSIBILITY
Councllmember Rosenstem
was excused at I1 53 pm
MotIon by CouncIlmember McKeown, seconded by CouncIlmember I
Femstein. to adopt the resolution reading by title only and WaIvmg further
reading thereof. and approve staff recommendatIon The motion was
approved by the followmg vote.
AYES:
Councilmembers Holbrook. Rosenstelll, McKeown,
Femstein, Bloom, Mayor Pro Tern O'Connor
None
Mayor Genser
NOES:
ABSENT:
END OF CONSENT CALENDAR
8-A: Introduction and first reading of an ordinance entitled: "AN
ORDmANCE OF THE CITY OF SANTA MONICA AMENDING
THE MUNICIPAL CODE TO ESTABLISH EVICTION
PROTECTIONS FOR CIDLDREN OF DOMESTIC PARTNERS,"
was presented
There was no one present for public comment.
Motion by Councllmember McKeown, seconded bv Councilmember Bloom.
to mtroduce and hold first reading of the ordmance, reading by tItle only an~
waiving further readmg thereof The motion was approved by the following
vote
AYES'
Counc1lmembers Holbrook, RosensteIn. McKeown,
Feinstem, Bloom, Mayor Pro Tern O'Connor
None
Mayor Genser
NOES
ABSENT:
II-A: The request from Housing Commission and Rent Control Board
that City Council consider adopting building regulations to provide
universal accessibility to aU residential and commercial construction,
was presented
Members of the public Alan Toy and Chuck AlIord spoke m support of the
request.
MotIOn by Councilmember McKeown, seconded by Councilmember
Femstem.. to investIgate appropriate definitions of visit ability, develop
specific UnIversal accesslblhty guidelines for new construction. and return as
soon as practicable with a suitable lillplementmg ordmance: further that staff
also mvestIgate the practicahty of applymg these standards to substantIal
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February 22, 2000
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WRITTEN
COMMUNICATIONS:
PUBLIC NOTICING
CouncIlmember Rosenstem
returned at 1205 a m
COUNCIL ITEMS:
PIER RESTORATION
CORPORA TIO!l\
COMMISSION ON
OLDER AMERICANS
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rehabilitatIon of eXIsting reSIdential umts. w1th particular auention to
potentIal impacts on the pronsion of affordable housing The motion was
approved by the follm.vmg vote'
AYES'
Councilmembers Bloom. Femstein, McKeown.
Mayor Pro Tern O'Connor
None
Councilmember Holbrook
Councilmember Rosenstem, Mayor Genser
NOES'
ABSTAIN'
ABSENT
13-A. The request of the Neighborhood Council to address Council
regarding modifications to Municipal Code sections that relate to legal
public notice of proposed projects and advance public notice on other
matters ofinterest to neighborhood groups, was presented.
Members ofthe publIc Ellen Brennan, Chuck Allord. Da\<1d Cole, Arthur
Harris. Kathy Knight, Brian Hutchings. and Bob Loftus spoke m support of
the request
MotIon by Councilmember McKeown., seconded by Councilmember
Femstein, to drrect staff to evaluate practIcal. procedural and legal
implicatIOns of the proposal, meet With the NeIghborhood CouncIl
thereafter. and return to Council with appropnate recommendatIons. The
motion was unanm10usly approved by vOIce vote. \\1th Mayor Genser
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.
On order of the Mayor, this matter was contmued to March 7. 2000
14-B Appointment to one unscheduled vacancy on tbe Commission on
Older Americans for a term ending June 30, 2000.
On order of the Mayor. this maUer was continued to March 7, 2000
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February 22, 2000
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MILLION MOM MARCH 14-C' Request of Councilmember Bloom to adopt a resolution in I
support of the "~illion Mom March Across America. to be held May 14,
2000, dedicated to the mission of providing education about the life-
threatening danger of guns.
On order of the Mayor. this matter was contmued to March 7, 2000
ROOFTOP GARDENING
14-D: Request from Councilmembers Feinstein, Rosenstein, and
Mayor Pro Tem O'Connor to direct staff to explore ways of promoting
rooftop gardening as part of the process to establish implementing
ordinances for the City's Green Building guidelines.
Councllmember Holbrook
was excused at I2 35 a m
Motion by Councilmember Rosenstein, seconded bv Mavor Pro Tern
O'Connor, to approve the request. MotIon unanimously approved by vOIce
vote. WIth CouncIlmembers Holbrook and Mayor Genser absent.
SUSPENSION OF 14-E Request of Mayor Genser that Council direct staff to return with
LOlTERY FOR an emergency ordinance to suspend the proposed lottery for downtown
DOWNTOWN VENDORS vendors until the selection system can be modified.
CLOSED SESSIONS:
Motion by Mayor Pro Tern O'Connor. seconded bv CouncIlmember
Feinstem, to approve request. Motion unanImously approved by voice vote'l
with CouncIlmember Holbrook and Mayor Genser absent
16-A Conference with Legal Counsel- Existing Litigation: Kenneth
Gardnerv. City of Santa Monica, Case No. SC 039 617.
Motion by Councilmember Feinstelll, seconded by Councilmember
McKeown, to approve settlement in the amount of$160,000, \\ith the City
to pay $90,745.83 and the balance to be paId by msurer. The motIon was
approved by the follo\\mg vote:
AYES
Councilmembers Bloom, Femstem. McKeown, Rosenstein.
Mayor Pro Tern O'Connor
None
Councilmember Holbrook, Mayor Genser
NOES:
ABSENT
16-B: Conference with Legal Counsel- Existing Litigation: Rita
Mandel v. City of Santa Monica, Case No. SC 052 491.
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Motion by CouncIlmember Feinstem, seconded by Councilmember Bloom,
to approve settlement m the amount of$62.500. The motIOn was approved
by the followmg vote:
AYES
Counc1lmembers Rosenstein. McKeown, Femstein. Bloom.
Mayor Pro Tern O'Connor
None
Councilmember Holbrook, Mayor Genser
NOES
ABSENT
16-C Conference with Legal Counsel- Existing Litigation: Shober v.
Citv of Santa Monica, Case No. SS 005 515.
ACTION
Case not heard
16-D Conference with Legal Counsel- Existing Litigation: Venegas v.
Citv of Santa Monica, Case No. CV 99-02217 NM (Cwx)
ACTION
Case heard, no reportable action taken.
16-E' Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v City of Santa Monica, Case No. S8 007 078.
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ACTION
Case heard, no reportable action taken.
16-F Conference with Legal Counsel- Pending Litigation.
Number of cases: Three.
ACTION CounCIl heard three cases and took actIOn on the followmg
matter
Motion by Councilmember McKeown, seconded by Councilmember Bloom.
to approve a settlement relative to Tom Francis' (dba Tom FranCIS Imports)
claim in the amount of$22.480 in relocation benefits Settlement includes
Mr. Francis' release of clann against the City and assIgn hIs pendmg claims
against the developer to the City, and the CIty to indemmfy and defend Mr
Francis in the event of a laWSUIt by the developer or a tlnrd party m
connectIon WIth the released claim The motion was approved by the
following vote
AYES
Counc1lmembers Rosenstem, McKeown. Femstein, Bloom.
Mayor Pro Tern O'Connor
None
Counc1lmember Holbrook, Mayor Genser
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NOES
ABSENT:
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February 22, 2000
1168
PUBLIC INPUT
ADJOURNMENT
PUBLIC INPUT Members of the pubhc Bnan HutchIngs and Art casillal
expressed varIous concerns
On order of the Mayor, the City Council meetmg was adjourned at 12:50
a.m to February 29,2000.
ATTEST~
APPROVED:
~111if-h
Pam O'Connor
Mayor Pro Tern
,
}",,- C'-"-o- \~(:,
Marta M. Stewart
City Clerk
"\,-- _\
"- ~ -) ~.''(--
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February 22. 2000
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