M-2/8/2000
1140
CITY OF SANTA MONICA
I
CITY COUNCIL MINUTES
FEBRUARY 8, 2000
A regular meeting ofthe Santa Moruca City Council was called to order by Mayor Genser at 6:21
pm.. on Tuesday, February 8,2000. at City Council Chambers. 1685 Mam Street.
Roll Call:
Present
Mayor Ken Genser
Mayor Pro Tern Pam O'Connor
CouncIimember R1chard Bloom
CouncIimember Michael Feinstein
Councllmember Robert T Holbrook
Councilmember Kevin McKeo\\>TI
Councilmember Paul Rosenstem
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS
RECONVENEIPLEDGE
SPECIAL AGENDA
ITEMS
PROCLAIVlA nON
RECOGNITION
CLOSED SESSIONS On order of the Mayor. the City Council convened
at 6 21 pm. ",vlth all members present. and then adjourned to consider I
closed seSSlOns Actlon taken on closed sessions was reported at the end of
the meetmg.
On order ofthe Mayor. the City Council reconvened at 7'12 pm. "'lth all
members present. Councilmember Rosenstein led the assemblage in the
Pledge of Allegiance
4.A Proclamation for the 2000 Census Complete Count and Census
Worker Recruitment Efforts.
The proclamation was duly presented by Mayor Genser
4-8 Recognition of the Santa Monica City Council by the Santa
Monica Chamber of Commerce Task Force on Homelessness for the
City's participation in the Santa Monica Chamber of Commerce Super
Bowl-A- Thon.
The City CouncIl receIved recogrution from representatives of the Santa
Moruca Chamber of Commerce Task Force on Homelessness.
February 8. 2000
I
I
I
I
SPECIAL JOINT
MEETING WITH THE
REDEVELOPMENT
AGENCY
502 COLORADO
1141
On order of the Mayor, a SpeCial Joint meetmg of the City Council and the
Redevelopment Agency was convened at 7:19 pm. "VIth all members
present
4-C CCIRA-2 Conveyance of 502 Colorado Avenue Site from City
Council to the Redevelopment Agency to provide long-term lease to
Community Corporation of Santa Monica for affordable housing
project - recommendatiOn that the City Council convey the 502 Colorado
Avenue Site to the Redevelopment Agency; hold a publIc heanng to review
the terms ofa long-term lease of the property, and authorize the Executive
Director to negotiate and execute a long-term lease of the property. and
other related documents, to Community Corporat10n of Santa Monica for an
affordable housing project
Members of the publIc Joey Fullmer and Pro Se spoke m support of
affordable housmg.
MOHon by CouncIlmember Rosenstein, seconded bv CouncIlmember
Feinstem, to approve the conveyance of property to the Redevelopment
Agency in exchange for 87 years of restricted use for affordable housing.
and to authorIZe the City Manager to execute Agreement No 7665 (RAS)
between The Redevelopment Agency and Commumty Corporation of Santa
Momca) and No 7666 (CCS/RAS). and other related documents, between
the City and the Agency. The motion was approved by the followlllg vote
AYES:
Councllmembers Bloom, Feinstein. McKeown. Rosenstem,
Holbrook. Mayor Pro Tern o Tormor. Mayor Genser
None
None
NOES'
ABSENT
ADJOURNMENT On order of the Mayor, the spec1aljoint meeting adjourned at 7 41 p.m., and
the C1ty Council reconvened to 1ts regular seSSIOn, ',\.1.th all members present.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are consIdered and
approved III one motion unless removed from the calendar for dISCUSSIon
Member of the public Pro Se spoke III support OfUSIllg City-owned
propertIes for affordable housmg Jerry RubIll spoke in support ofItem 6-
G. Ken Ward spoke in support of item 6-1
At the request ofCouncilmember Femstein, Items 6-C and 6-1 were pulled
from the Consent Calendar
2
February 8, 2000
1142
MINUTES
EARTHQUAKE
RECOVERY
Motion by Mayor Pro Tern O'Connor, seconded by Councthnember Bloom. I
to approve all items on the Consent Calendar, except 6-C and 6-1, as
presented, reading resolutions and ordinances by tItle only and waIvmg
further readmg thereof The motion was approved by the folloWIng vote:
AYES
Councilmembers Bloom, Femstem, McKeown, Rosenstein.
Holbrook, Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES:
ABSENT
6-A' The minutes ofNovernber 9, 1999, City Council meeting. were
approved as subrmtted.
6-B' Earthquake Recovery Resolution - ResolutIon No 9474 (CCS)
entItled: "A RESOLUTION OF THE CITY OF SA'JT A MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY;' was adopted.
MERITORIOUS SIGNS 6-D Approval of amendment to purchase order for sen'ices for
Meritorious Sign Designation - recommendatIon to authonze the City
Manager to negotIate and execute an amendment to a Purchase Order with
RTKl Associates. Inc for an additional $20.000 resulting in a new total I
amount of$69.500, for addItional servIces required by the City Plannmg
DIVlSlon for the Meritonous SIgn Designation project, was approved.
FINAL MAP APPROVAL
ORGANIZATIONAL
DEVELOPMENT
OPPOSITION TO
PROPOSITION 28
6-E: Resolution No. 9475 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL MAP NO. 23890
FOR TENAt~T-PARTICIPATING CONVERSION TPC-310 AT 1929
6TH STREET FOR A FOUR-UNIT PROJECT," was adopted
6-F Contract amendment for provision of organinttional development
sen'ices to City staff - recommendation to authorIZe the City Manager to
negotiate and execute an amendment to Contract No. 7568 (CCS) ""ith
Innovative Resources Consultant Group, Inc , m an amount not to exceed
$50,000, to provide contmumg organizational development services for the
Planning and Community Development Department, was presented.
6-G: Resolution No. 9476 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA IN OPPOSITION TO PROPOSITION 28
WIDCH WOULD REPEAL PROPOSITION 10 - THE CALIFORNIA
CHILDREN AND FAMILIES FIRST ACT OF 1998 - AND PREVENT
VOTERS FROM INCREASING TOBACCO TAXES," was adopted.
3
February 8. 2000
I
I
I
I
SURPLUS CITY
PROPERTY
STORM DRAIN
FILTRATION DEVICE
LAND SURVEYING -
RAND PROPERTY
BEACH RESTROOM
ROOF INSTALLATION
1143
6-H Resolutions declaring City-owned properties at 2200 Michigan
Avenue and at 2051 Neilson Way are no longer needed, and
authorization to sell properties - recommendatIon to adopt resolutIons
No. 9477 (CCS) entitled. "A RESOLUTION OF THE CITY OF SAi'lTA
MONICA DECLARING THE PROPERTY LOCATED AT 2200
MICHIGAN AVENUE IS NO LONGER NEEDED FOR THE PURPOSE
ACQUIRED NOR FOR ANY OTHER PUBLIC PURPOSE. ,. and
ResolutIOn No 9478 (CCS) entitled: " "A RESOLUTION OF THE CITY
OF SANTA MONICA DECLARING THE PROPERTY LOCATED AT
2051 NEILSON WAY IS NO LONGER NEEDED FOR THE PURPOSE
ACQUIRED NOR FOR ANY OTHER PUBLIC PURPOSE" were
adopted, readmg by title only and waiving further readmg thereof
Authorization to staff to proceed With the sale of the properties; and,
authonzation to the City Manager to negotiate and execute all necessary
documents to complete the sales. was approved.
6-J' Acceptance of grant funding and contract for installation of storm
drain filtration device - recommendation to accept Proposition A grant
fundmg from L.A. County Regional Water Quality Control Board, and
authorIzation to the City Manager to negotIate an execute sole source
Contract No. 7667 (CCS) With CDS Technologies. Inc. m the amount of
$70.715, to retrofit a storm drain at the City Yards, was approved
6-K. Purchase Order amendment for land sun-eying sen-ices related to
the RA.ND property acquisition and other projects - recommendation to
authorIZe the City Manager to negotiate and execute an increase to an
eXlStmg Purchase Order with Grimes Surveying & Mapping. Inc., for
$50.000 for a new total amount not to exceed $90,000, for contmued land
surveying services associated with the RAND property acqmsltlon and other
Housmg and Redevelopment Division projects. was approved
6- L Deletion ofinstallation of roofs for the South Beach and Palisades
Park restrooms from existing contract, and award of installation to new
contractor - recommendation to. authOrIZe the deletIOn of the installation of
the South Beach and Palisades Park restroom roofs from the eXISting
contract with Valley Crest; walVe competitive bidding requirements.
authOrIZe the City Manager to negotiate and execute Contract No. 7668
(CCS) with Maher Development, Inc , in the amount of$56,625 for the
lIlStallation of seven restroom roofs; and, approve $10,000 in contmgency
funds for the contract, was approved
END OF CONSENT CALENTIAR
4
February 8. 2000
1144
CITY'S INVESTMENT
POLICY
CHANGE OF STREET
NAMES
6-C. Recommendation to approve revised City investment policy and I
continue delegation of investment authority to City Revenue
Managerrrreasurer.
Staff answered questIons ofCounctlmember Feinstem regarding the State"s
policy of investing in tobacco companies and investmg in socially responsIble
mvestrnents.
Motion bv Councilmernber Feinstein, seconded by Mayor Pro Tern
O'Connor, to approve staff recommendation The motton was approved by
the follovnng vote
AYES
Counctlmembers Holbrook. Rosenstein. McKeown,
Femstein. Bloom, Charr Pro Tern O'Connor, Chair Genser
None
None
NOES
ABSENT.
6-1' Resolution of Intention to change the names of three City streets -
recommendatIon to adopt a ResolutIon ofIntention No 9479 (CCS)
entitled' "A RESOLUTION OF INTENTION OF THE CITY OF SANTA
MONICA TO CHANGE THE NAMES OF THREE STREETS OCEAN
AVENUE, ONE BLOCK SOUTH OF APPIAN WAY, TO OCEAN W A Y'I
THE PROMENADE TO OCEAN FRONT WALK. AND. THE
L'NNAMED AUTOW A Y BETWEEN APPIAN WAY AND OCEAN
A VE:t-.'UE. NORTH OF LOEW'S HOTEL TO P ACmC TERRACE,
I\ND. TO SET A PUBLIC HEARING FOR MARCH 28. 2000," was
presented
Councilmember Femstem adVIsed he intended to ask Counctl to provIde
some directIOn to staff related to tlus matter
Matton by CouncIlmemher Femstein, seconded by Councilmember
McKeo\\1l, to adopt the resolutIOn, reading by title only, and waiving further
reading thereof. The motIon was approved by the following vote
AYES:
Councilmembers Holbrook, Rosenstem, McKeown,
Femstein, Bloom, Chair Pro Tern O'Connor, ChaIT Genser
None
None
NOES'
ABSENT'
5
I
February 8, 2000
I
I
I
1145
MotlOn by Councilmember Femstem., seconded bv Counctlmember
Holbrook, to further direct staff to review the naming process of Barnard
Way. at Hollister. and return \Vlth recommendations The motion was
unammously approved by VOIce vote. \\<lth all members present.
ORDINANCES:
AUTO REPAIR
FACILITIES
8-A Second reading and adoption of Ordinance No. 1963 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SAt"iTA MONICA
AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO
MODIFY THE ZONING ORDINANCE FLOOR AREA RATIO
DEFINITION RELATING TO THE ENCLOSURE OF EXISTING
OUTDOOR HOISTS, TO AMEND THE SPECIAL CONDITIONS
FOR AUTOMOBILE REPAIR FACILITIES INCLUDING BUT NOT
LIMITED TO ALLOWABLE WORK ACTIVITIES, LANDSCAPING
Ai"iD OUTDOOR HOIST ENCLOSURES AND OTHER
OPERATING CONDITIONS, TO ADD PROVISIONS RELATED TO
THE STORAGE OF REUSABLE AUTO PARTS, THE ROAD
TESTING OF VEHICLES AND VEHICLES AWAITING REPAIR,
AND TO REQUIRE EXISTING AUTO REPAIR FACILITIES TO
COMPLY WITH SPECIAL CONDITIONS RELATED TO
LIGHTING, LITTER, SOUND AND STORAGE ..
Motion by Counctlmember McKeo\\<TI. seconded by Counctlmember
Feinstein, to adopt ordmance. reading by title only and waiving further
thereof The motlon was approved by the follo\\<1ng vote
AYES
Counctlmembers Bloom, FelIlStem, McKeo\\<n,
Mayor Pro Tern O'Connor
Councllmembers Rosenstem. Holbrook. Mayor Genser
None
NOES
ABSENT:
Councilmember Holbrook stated. for the record, that he voted m opposition
because he IS concerned that some businesses may be put out of business by
the ordmance
Mayor Genser stated. for the record. that he voted against the ordinance
because it does not stnke a balance between regulations and quality oflife
for residents. He added that it IS too complex to be enforced and shifts the
burden for enforcement on the residents. while at the same time
inappropnately prohibIts some auto busrnesses from domg simple
inspections of customers' cars.
6
February 8, 2000
1146
Councilmember Rosenstem stated, for the record, that he voted against the I
ordmance for the same reasons as CouncIhnember Holbrook, and for some
other reasons preVIously stated when the ordmance had first reading.
STAFF ADMIN. ITEMS: 9-A Update report and proposed 2000-2003 Community Development
FUNDING - COMMUNITYProgram funding rationale - update report on Community VOIces and
DEVELOPMENT recommendation to adopt the proposed fiscal year 2000-2003 Community
PROGRA.l\1 Development Program Funding RatIonale includmg funding priontles and
gwdelines, and to authonze staff to Issue program operation and capital
support Request for Proposals (RFP), was presented
Staff presented and entered into the record "Attachment I-B" for the
proposed funding guidelmes, whIch contamed vanous mmor revisiOns to
said guidehnes
On order of the Mayor, the public heanng was opened The followmg
members of the public spoke m support offunding for vanous community
and SOCial services: John Wlntbread, Joey Fullmer, Gleam DaVlS, Lillie
ScWessmger, Liz Foren. Mana Arechaderra, Constance Cornell, LOUlse
Jaffe, Judith Brunk and Rhonda MeIster.
Motion bv Counclhnember Femstein, seconded by Councihnember Bloom, I
to approve staff recommendation, includmg corrections to Attachment 1- B.
as presented by staff. The motion was approved by the following vote
AYES:
Councilmembers Holbrook, Rosenstein. McKeown;
Femstein, Bloom. Charr Pro Tern O'Connor, Chair Genser
None
None
NOES.
ABSENT
TRAFFIC AND
PEDESTRIAN SAFETY
PROGRAMS
9-B Proposed Automated Red-Light Traffic and Pedestrian Safety
Enforcement Program and acquisition of four motorcycles - Report on
traffic enforcement programs, and recommendatIon to approve in concept an
automated red-light enforcement program. to approve acqUISItIon offoUT
additIonal motorcycles and related equipment, and to approve budget
changes proposed in the report.
On order of the Mayor. the public hearing was opened Members of the
public Jerry Rubm and David Cole spoke m support of the project.
7
February 8. 2000
I
I
I
I
1147
Motion by Mayor Pro Tern O'Connor, seconded by Councilmember Bloom,
to approve the purchase of motorcycles and related eqUIpment. necessary
budget adjustments. and any personnel adjustments needed tor the project.
The motIon was approved by the followmg vote.
AYES
CouncIlmembers Bloom, FelllStem, McKeown, Rosenstem,
Holbrook. Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES
ABSENT.
Motion by Mayor Pro Tern O'Connor. seconded by Mayor Genser, to
approve the program, in concept. and the necessary budgetary and personnel
changes. to dIrect staff to provide rnforrnatlOn regardmg specific capabilIties
of the system
Motion to amend by Mayor Genser, to dIrect staff to concentrate on the
conSIderation of pnvacy Issues. The motion was accepted as frIendly
Motion to amend by CouncIlmember Bloom.. to ask staff to proVIde
informatlon on If. and how, the system can be used for surveillance purposes
and on the safety-related features contarned The motion was accepted as
friendly.
The motIOn, as amended. was approved by the followmg vote'
AYES
Councilmembers Holbrook, Rosenstein. McKeown, Bloom,
Chair Pro Tem O'Connor, Chair Genser
CouncIimember Femstern
None
NOES:
ABSENT
CouncIlmember Femstem stated, for the record, that he IS comtnltted to
vehIcular/pedestrian safety, but is not convinced that thIs program can be
enforced fairly and feels that it unnecessarily compromises civil hbertles
without trymg alternatIve approaches first.
UNDERGROUNDING OF 9-C Concept approval of proposed ten-year plan to move selected
ELECTRIC FACILITIES electric facilities underground.
The following members of the public spoke in support of speedy
undergrounding of electrIcal facIlities and discussed ISsues of aesthetICS and
safety: Andrea Gomez, Joyce Rosenbaum, Murray Herreschon, Jade Jewett.
Tom Strmger, Wayne Black, Moruca Lacy, John Moody, Randy Le"1llson,
8
February 8. 2000
1148
Nancy Chambers, Ross Lacy, Bruce Kragen, Johanne KravItz, NIck Steers, I
Jeremy Hellman, Jonathan Gross, and DaVId Roper Mark Olson,
representing Southern California Edison, spoke m support of the project.
MotIon bv Counctlmember Bloom, to approve staff recommendation,
earmarking the funds for residential undergroundmg only, and amending to
drrect staff to ask Santa Monica City College to financIally partICIpate in the
possIble undergroundmg of 18th Court and report back to Council on the
response MotIon failed for lack of a second.
MotIon bv Counctlmember Holbrook. seconded bv Councilmember
Rosenstein. to drrect staff to schedule the undergrounding of transmissIOn
lines in reSIdentIal areas first and commercIal second, and to review other
possible ways to underground electrical faclhties
Substitute motIon by Counclhnember McKeov,n, seconded by Mayor
Genser. to dIrect staff to pnoritize undergrounding m residentIal areas over
commercial areas, create new evaluatIve standards that reflect prionty;
prionttze tranSmISSIOn lmes over distributIon lines wlnle factoring economy
of snnultaneous undergrounding; and look at mclusion of neIghborhood
parks as well as destinatIon parks.
DiSCUSSIon ensued on the pendmg motIon and the concerns raIsed by I
reSIdents. Councilmembers McKeov,n and Holbrook subsequently
WIthdrew therr motIons
Motion by Councihnember Bloom, seconded by Mayor Genser, to pnoritlZe
the four residential streets proposed; that tf the Pubhc Utilities CommiSSIOn
does not allow participation of a street, that staff move to the next street on
the Itst, that Olympic Boulevard be considered as part of a future
undergroundmg project; and that staff ask Santa MOllica Commumty
College to financially partIcipate in the undergrounding of 18th Court
MotIon to amend by Mayor Genser. that based on staffs recommendation.
mne pomts be assigned to Sunset (AsWand) Park. MotIon was accepted as
frIendly The amended main motion was approved by the followmg vote'
AYES
Councihnembers Holbrook, Rosenstein, McKeown. Bloom.
Mayor Pro Tern O'Connor, Mayor Genser
CouncilmemberFe~tem
None
NOES:
}\BSENT'
9
February 8, 2000
I
I
I
I
1149
Councilmember Feinstem stated. for the record. that he agrees WIth the
pnoritizmg of residential over commercial and WIth gettmg the project done
as soon as possible, but. because without actually knowmg how many
resIdences per street are affected, he does not feel he has sufficIent
mfonnation to make those pnonty choices
Motion to amend bv Mayor Genser, seconded by Councilmember
McKeown. that If there IS a future funding commitment for undergroundmg,
staff IS to explore if the City can advance the funding so that the project can
happen more qwckly The motIon was unarumously approved by vOIce
vote, WIth all members present
PUBLIC HEARINGS: lO-A Recommendation to hold a public hearing, receive public
BIG BLUE BUS SERVICE comment, and approve the Big Blue Bus Service Improvements, as
proposed.
On order ofthe Mayor, the public hearing was opened Anthony Loui
spoke m support of the project
Motion by Mayor Pro Tern O'Connor, seconded by Councillnember
McKeo~ to receIve publIc comment and approve recommendatIon. The
motIon was approved by the following vote
AYES.
Councillnembers Bloom. Fe1Il5tem. McKeown, Rosenstein.
Holbrook. Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES'
ABSENT-
COUNCILMEMBER 14-A- Acceptance of Barbara Brown's resignation letter from the
ITEMS: Airport Commission and authorization for the City Clerk to publish
AIRPORT COMMISSION vacancy.
MotIon by Mayor Genser. seconded by Mavor Pro Tern O'Connor. to
accept letter and approve recommendatIon Motion unannnously approved
by voice vote. with all members present
PROPOSITION 26
14-B Request of Mayor Genser that Council go on record in support
of Proposition 26 (simple majority vote approval oflocal school bonds)
on the March 7, 2000, primary ballot.
MotIOn by Mayor Genser, seconded by Councillnernber Feinstem, to drrect
staff to prepare a resolutIon m support of Proposition 26 and return for ItS
adoptIon
10
February 8. 2000
1150
PUBLIC INPUT
CLOSED SESSIONS:
The motIon was approved by the following vote:
AYES
Councihnembers Bloom, Felllstein. McKeown. Rosenstein.
Holbrook, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES
ABSENT
Member of the public Ken Lock spoke regardmg the Arts and his webpage
Bnan Hutchings expressed various concerns Art Casillas expressed
concerns regardmg pohcies of the Pohce Department
l6-A Conference with Legal Counsel- Existing Litigation: Palisades
Beach PropertY Owners Association, et aL, v. State Department of
Transportation and City of Santa Monica, Case No. BC 22026.
ACTION:
Not heard
16-B Conference with Legal Counsel- Existing Litigation: Rita
Mandel v. Citv of Santa Monica, Case No. SC 052 491.
ACTION No reportable actIon taken
16-C. Conference with Legal Counsel- Existing Litigation: Foodmakel
v. City of Santa Monica, Case No. S8 007 078.
ACTION
Not heard.
16-D: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Henry Walther, et aL, Case No. SC 043 522.
ACTION
Not heard
16- E Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Four.
ACTION:
Two cases heard No reportable action takelL
11
February 8, 2000
I
I
I
I
I
ADJOURNMENT
1151
On order of the Mayor. the CIty Council meetmg was adjourned at 12-43
am, in memory of Margaret Ferraro
ATTEST.
\ "
\ \... \... :,-^-, .
Mana M Stewart
City Clerk
.).-- ~
. ,
.;~, .~\ l
12
February 8, 2000