M-11/26/1996
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CITY OF SANTA MONICA
CITY COU~CIL MINUTES
NOVE~IBER 26, 1996
-\ regular adjourned meetmg of the Santa MOnIca CIty CounCll \-vas called to order by "Y1ayor
Rosenstem at 6 35 pm, on Tuesday. November 26, 1996, III the Councll Chambers
Roll Call
Present
ylayor Paul Rosenstem
ylayor Pro T em Asha Greenberg
CounclImember Judy Abdo
Councllmember Ruth Ebner
Councllmember Ken Genser
CounCllmember Robert T Holbrook
Absent
Councllmember Pamela O'Connor
Also Present
Cay Manager John Jahh
CIty Attorney Marsha Jones Moutne
CIty Clerk :VIana l'v1 Stewart
Councllmember Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the
"Cmted States of Amenca
6. CONSENT CALENDAR The Consent Calendar was presented. whereby all Items are
conSIdered and approved m one motIon unless removed from the calendar for diSCUSSIOn
Member of the pubhc JOI Fullmer dIscussed Items on the Consent Calendar
Counctlmember Ebner asked that Item No 6-1 be pulled due to a conflIct of Illterest In thIS
matter At the request of Counctlmember Genser Item Nos 6-E and 6-G were removed from the
Consent Calendar
\'Iotlon by Counctlmember Holbrook, seconded by Mayor Pro Tem Greenbem, to approve the
Consent Calendar. WIth the exceptIon ofItem Nos 6-E. 6-G. and 6-1. readmg resolutIOns and
ordIllances by tItle only and WaIvmg further readmg thereof The motIon ,vas approved by the
follmvmg vote
Aves
Counctlmembers Abdo. Ebner. Holbrook. Genser.
Mayor Pro Tern Greenberg, Mayor Rosenstem
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Kovember 26. 1996
303
I\oes
Absent
None
Councllmember O'Connor
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6-A: .\Hl'T'TES APPROVAL The Cay CouncIl mmutes of October 15, and October 22,
1996, were approved as submItted
6-B: CONTINUIKG EXISTEKCE OF A LOCAL El\'IERGENCY (JANrARY 1994
EARTHOUAKE DAl\tL<\GE) ResolutIon No 9102(CCS) enntled "A RESOLCTI01' OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARIKG THE
EXISTE1'CE OF A CONTThruING LOCAL ElVlERGENCY." was adopted
6-C: PROFESSIONAL SERVICES CO~TR~CT/CONSTRUCTION l\tL\NAGEMENT/
PARKING STRUCTrRES Contract No 6574(CCS) was approved. m an amount not to
exceed S58,OOO, WIth CJvII Engmeenng Consultants for constructIon management of the parkmg
StruCIDres (1'\os 1-6) Improvements, slgnage and graphICS proJ ect
6-D: SALARY RATES ResolutIOn 1'0 9103(CCS) entItled '-A RESOLCTIO~ OF THE
CITY COCNCIL OF THE CITY OF SAKTA MO~lCA ESTABLISHING ~EW
CLASSIFICATIO)JS AND ADOPTING SALARY RA..TES FOR ACCOUNT -
COLLECTIONS. COyll\1UNITY RELATIONS SPECIALIST, DEPCTY CITY CLERK,
:-';OISE OPERA,TIOI\S TECHNICIAN. POLICE OFFICER TRAL\cE (PRE-SERVICE).
SE:"nOR Alt\IDHSTRATIVE ANA.L YST - ECO~O~nc DEVELOP.\tlENT. SE~IOR
BC1LDI:\fG INSPECTOR. SE)nOR TRA.,SIT PROG~~\iIS ANALYST. SOLID 'WASTE
COLLECTIONS SUPERI:\TE?IDENT, SOLID \VASTE MATERIALS RECOVERY
StJPERI:-\TE)IDE1'L SOLID 'WASTE SYSTEMS SCPERIl\TENDEKT. A)ID MOTOR
COACH OPERA.TOR - TRA..Il\~E,'- was adopted
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6-F: CERTIFICATION OF STATEl\fENT OF OFFICL.\L ACTION/Crp 95-016/
VARL-\l'iCE 95-033/JACK-I~- THE-BOX/2423 "'ILSHIRE BOULEVARD The Statement
of OffiCIal ActlOn of CondItIOnal 'Cse PermIt 95-016 and Vanance 95-033 for the Jack-m-the-
Box Restaurant at 2423 \VIlshrre Blvd, was certIfied to allo,"v operatlOn of a dnve-up wmdo,"v
6-H: Al\.IE~D)tIE~TS/CITY TRrST FUND GUIDELINES Amendments to all four CIty
Trust Fund gUldelmes ,"vere approved to reqUIre that the mterest rate on City loans to proJects
receIvmg mortgage loans under the U S Department of Housmg and Urban Development
SectIOn 202 or SectIon 811 Programs not exceed the federal default rate
6-J: A'YARD OF BID/FORKLIFT BId No 2598 was awarded to YalelChase ~-Iatef1al
Handlmg, for an amount not to exceed 548.279 50_ to furnIsh and delIver one (1) 6.000 pound
C):G forkhft for the Ennronmental and Public Works Management Department
6-K: A'VARD OF BID/REPAIRAXD PAINTPOOL/SAl'iTA l\IONICA COLLEGE Bid
Yo 2604 was awarded to ATREnterpnses. 10 an amount not to exc.eed S27.662 50. to proVIde I
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November 26, 1996
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labor. matenals and eqUIpment to repair and palllt the pool at Santa MOnIca College
EI\D OF CO'TSE'TT CALE).TIAR
6-E: CERTIFICATION OF STATEME1'\T OF OFFICL\L ACTION/ClJP 95-017/JACK-
IK- THE-BOX RESTAUR~NT!2025 LINCOLN BOULEVARD CounCllmember Genser
requested staff correct the vote shO\vn on Page 6 of the Statement of OffiCIal ActIon to reflect
that he voted m approval of the actIOn
!\.lotIon by Counolmember Genser. seconded by Councllmember Abdo. to certIfy the Statement
of OffiCIal ActIOn of Condmonal Cse Permlt 95-017 for the Jack-In-the-Box Restaurant located
at 2025 Lmcoln Boulevard. as corrected The motIon was approved by the follOWIng vote
Aves
Councilmembers Abdo_ Ebner. Holbrook. Genser.
]'vlayor Pro Tern Greenberg. J'vlayor RosensteIn
None
Councilmember 0' Connor
'\:oes
Absent
6-G: -'lODIFICA TIO~S!SHARED APPRECIA TIO~ LOAN PROGR<\l\I CL"IDELINES
RecommendatIon to approve modIficatIOns to the Shared AppreCIatIOn Loan Program GUIdelInes
funded by the Tenant OwnershIp RIghts Charter Amendment (TORCA) to modIfy selected
undenvfltmg cntefla (household Size, student status, front end ratio. c10smg costs caps). and to
extend loan terms from 20 to 30 years for those loans that reqUIre secondary market mvolvement
to obtam conventIOnal lender. fixed rate financmg
Counolmember Genser adVised that he removed thIS Item from the Consent Calendar In order to
ask questIons of staff
DISCUSSIon ensued as to the effect on tenants WIth speCIal CIrcumstances For example. a tenant
\vho moved m after a bUlldmg converted (TORCA) and has now been a long-term tenant but
may not be elIgIble for CIty financmg, or ,vhere a couple may have occupJed the UnIt at the tIme
of converSIOn. the spouse may have died, and the remaIllIllg party may not be elIgIble because
heishe occupIes a two bedroom umt Staff responded to questIons
l\totIOn by CouncIlmember GenseL seconded by lVfayor Rosenstem, to approve the second part
of the recommendatIOn to ex'tend loan terms from 20 to 30 years for loans that reqUire secondary
market mvolvement to obtalll conventIOnal lender, fix.ed rate financIllg. and dIrectIllg staff to
return as qUIckly as pOSSible WIth reVIsed recommendatIOns for the modlficatlOn of the
gUldelInes mcorporatmg the concerns expressed thIS evenmg The motIon was approved by the
follO\vmg vote
Ayes
Councllmembers Abdo. Ebner. Holbrook Genser,
Mayor Pro Tern Greenberg. .\-layor Rosenstem
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.J
]\ovember 26, 1996
Noes
Absent
305
Kone
Counctlmember O'Connor
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CounC1lmember Ebner ad\'lsed that she 15 employed by the CIty of Los Angeles and IS assIgned
to ,vork at the Los Angeles InternatIOnal AIrport, and therefore has a conflIct of mterest on thIS
matter Counctlmember Ebner ,vas excused at 6 55 pm
6-1: LA..X c\Lc\STER PLAN MotlOn bv Counctlmember Genser. seconded bv CounCllmember
- -
.\bdo, to adopt ResolutIOn:1\'o 9106 (CCS). enmled "A RESOLUTION OF THE CITY
COl~CIL OF THE CITY OF SANTA MO-:\lCA IJ\ SUPPORT OF THE I:\CLlTSIOX OF
FIXED BASE OPER.A.TORFACILITIES AI\TI THE ENHANCE\'IENT OF GEN'ER.AL
A VIATIO)J SERVICES J)J THE DEVELOP:VlE~T OF THE LAX ~lASTER PLA.....":' readmg
by tItle only and 'vaIvmg further readmg thereof The motlOn was approved by the follo\vlllg
vote
Ayes
)oJ oes
Absent
CounCllmembers Abdo, Holbrook. Genser, "\'layor Pro Tern Greenberg.
l\layor Rosenstem
Kane
Counctlmembers O'Connor. Ebner
CouncIlmember Ebner returned to the dlas at 6 56 P m
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8-A: SECOl'\D D"iELLIKG rNITS Presented was an ordmance for second readlllg and
adoptlOn of an Intenm Ordlllance ofthe CIty CouncIl of the City of Santa r..'1omca .\l1O\,ymg
Second D\ovelhng Umts III the R-l and OP-I Zomng Dlstncts Cnder SpeCIfied Circumstances.
ClarrfYlllg the Allowance of Second Cmts III MultI-FamIly ReSIdentIal DIstrrcts, SpecIfymg
Standards for Second Umts
MotlOn by Councllmember Holbrook. seconded by Mayor Pro Tem Greenberg. to adopt
Ordmance 1\"0 1869(CCS) entltled 'TNTERlI\-1 ORDINANCE OF THE CITY COLN"CIL OF
THE CITY OF SANTA l'vl0NICA ALLOWING SECO:-ID D''''ELLING Ll\lTS Dr THE R-l
AI\-D OP-l ZO-:\lNG DISTRICTS Ll\TIER SPECIFIED CIRCillvfSTA~CES. CLARIFYNG
THE ALLOW.'\)JCE OF SECOl\TI Ll\ITS IN 1\1VL TI-F <~\.nL Y RESIDENTIAL DISTRICTS.
A.~"TI SPECIFYII\G STA-:\TIARDS FOR SECO~D CNITS,-' readmg by tltle only and waIvmg
further readmg thereof The motlOn was approved by the follo1.-vmg vote
Ayes
="Toes
-\bsent
CouncIlmembers Genser. Holbrook. Ebner. ~layor Pro Tern Greenberg
CounCllmember Abdo. "Ylayor Rosenstem
CouncIlmember O'Connor
Councllmember Abdo requested that the record ref1e~t that she voted -'no'. on tills Item for the
reasons expressed at pnor CounCil meetmgs
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8-B: DRIVE-I~/DRIVE- THRO(;GHIFAST FOODff AKE-OUT RESTAL"RANTS
Presented \vas an ordmance for mtroductlOn and first readIllg arnendIllg ZonIllg Ordmance
SectIon 9 04 14 090 regardIllg dnve-m. dnve-through. fast food. and take-out restaurants
On order of the 1-Iayor, the publIc heanng ,vas opened
\{ember of the publIc JOt Fullmer expressed her concerns
:\Iember of the publIc Ed\.vard CastIllo asked staff to be JUdlC.IOUS \vlth stIpulatIOns
There bemg no other speakers. the l\.fayor closed the public heanng
"\'lotlon by Mayor Pro Tern Greenberg. seconded by CouncIlmember GenseL to Introduce and
hold first readmg of an Ordmance of the Ctty CouncIl of the CIty of Santa J\:lo111ca amendmg
Zonmg Ordmance Sectlon 9 04 14 090 regardmg dnve-m. drIve-through, fast food, and take-out
restaurants The motlOn was approved by the follovv'mg vote
Ayes
Counc.llmembers Abdo. EbneL Holbrook. GenseL
\Tayor Pro Tern Greenberg. :\Jayor Rosenstem
Kane
CounC11member O'Connor
:\roes
Absent
9-A: A TTE~DA~T PA~G PROGR~'l EvaluatIOn and recommendatIOns for the
attendant parkmg program, adoptIOn of a resolutIon amendmg parkmg rates m the Duwntown
Parkmg Structures, authonzmg an eXIt pay system and findmg that parkIng rate Increases are
exempt from the proVISions of the Cahforma EnVIronmental Quahty Act, recommendation to
approve an mcrease to Contract No 7133 ,vIth Ampco by $158,000 for serVIce Improvements.
approve appropnatIon ofS158,000 to account 01-210-415-00000-5501-00000 to fund the
enhancement, and requestIng dIrection to statT to make appropnate modIfications to the FY
1996-97 budget as outlmed 1ll the staff report
The eny .\Janager adVIsed that the Bayslde Dlstnct CorporatIOn requested that thIS matter be
contmued to allow theIr Board more tIme to rene'" staffs recommendatlOns
:\lo11on by ~Jayor Pro Tern Greenberg. seconded by CouncIlmember Holbrook, to contmue thIS
item to the meetIng of December 17, 1996 The motIOn was unanImously approved by VOIce
vote, wnh CounCllrnember O'Connor absent
9-B: REVISIONS!l\'lULTJ-FA);IILY EARTHQl'AKE: REPAIR LOAN PROGR-\.-:\l
GCIDELINES Presented was the staff report recommendIng approval of and dIrectIOn to the
CIty Manager to Implement, the reVISIOns to the MultJ-famlly Earthquake RepaIr Loan Program
(I\JERL) GUldehnes and Procedures, and. authonzatlOn to the CIty Manager to negotIate and
execute a contract amendment WIth Rmcon Consultants. lne . m an amount not to exceed
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November 26, 1996
307
$85.000. for envtronmental consultmg serVIces for the 1vIERL Program
, ~ ~
On order of the l\-1ayoL the pubhc heanng was opened \'1ember of the pubhc JOI Fullmer
expressed her concerns rvlembers of the publIc Janet Robmson and Joan Lmg expressed theIr
appreCIatIOn for staff for dOlllg a great Job
There belllg no other speakers, the Mayor closed the publIc heanng
Councllmember Genser expressed concern that the Intent of a motIOn that he made m the past
relatlve to the gUIdelInes and procedures for the program may not have been mcorporated, and
further expressed concern that post-earthquake purchasers of earthquake damaged property may
receIve ta.-x subsIdtzed funds There was dISCUSSIOn as to the Illtent of the program to replemsh
affordable housmg and the proper use of funds
'\'lotlOn by CouncIlmember Abdo, seconded by \'1ayor Pro Tern Greenberg, to approve staff
recom m endatlon
~\lotlOn by CouncIlmember Genser to amend the motIon to sttpulate that. for the non-qualIfied
hOUSlllg developers III the pnvate sector. any funds expended out of the }vfERL funds awarded
from thIS pOIllt forward be lImIted to SItes that had earthquake damaged hOUSIng The motIon
dIed for lack of a second
The standIng motIon was approved by the follmvmg vote
Ayes
Councllmembers Abdo. Ebner. Holbrook, Mayor Pro Tern Greenberg,
),fayor Rosenstem
CouncIlmember Genser
CounCllmember O'Connor
Noes
Absent
Councdmember Genser requested that the record reflect that he voted "no'- on tills Item because
he feels It IS an lllappropnate use of pubhc funds to proVIde subSIdIzed loans for owners of
property 1.vho dId not own them at the tIme they suffered damage m the earthquake
9-C: CLOSED SESSIOK Held at end of meetmg
12-A: l\IOU/'\'L.\NAGK\IENT TEAM ASSOCIATES To be conSIdered after Closed SeSSIOn
12-B: l\IUC/EXECl..:TIVE PAY PLA~ To be consIdered after Closed SesSIOn
14-A: TWO-YEAR BUDGET Presented was the request OfCoUllCllmember Holbrook to
dISCUSS grvmg directIOn to staff to prepare a two-year budget
1\-1ot1On bv
Holbrook. duly seconded. to duect staff to prOVIde recommendatIOns
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and consIderatIOns m January 1997. dunng the publIc heanng for needs assessment for the
preparatIon of a tlvo-year budget The motIon was unammously approved by VOIce vote.
Councllmember O'Connor absent
14-B: LETTER OF RESIGKATION/VIVL\K LINDERlSOCL\L SERVICES
CO);[\IISSION I'vlotIOn by ~fayor Pro Tem Greenberg. seconded by Councllmember
Holbrook, to accept WIth regrets the letter of reSIgnatIon from VIVIan Lmder from the SOCIal
Services CommIssion and authonze the CIty Clerk to publIsh a :-.rotlce of Vacancy The motIOn
\-vas unammously approved by VOIce vote, CounCllmember O'Connor absent
15: PUBLIC Il'\Pl'T ~fember of the public Duho CasCIO expressed concern 1.vIth the lack of a
traffic signal on 16th Street and Ocean Park 11ember of the publIC Arthur Eskehn discussed a
sharp Increase In hiS 1.vater bIll ylember of the pubhc Kamal Kanm discussed hIS daughter. \vho
was allegedl~/ kIdnaped. and the partiCIpatIon by the Santa ]\lolllca Police Department 1ll the
matter I\fember of the publIc JOl Fullmer expressed her concerns regardmg vanous Issues
9-C: CLOSED SESSIOK At 8 24 pm. CounCIl adjourned to Closed SesSIOn for the purpose
of the follmvmg
Conference \,vIth Legal Counsel - EXIstmg LItIgatIOn Doreena's v City of Santa Momca.
LASC Case No S5 006 976
ACTIOI\ DIscussed, no actIOn taken
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Conference WIth Legal Counsel - EXIstmg LItIgatIOn CItv of Santa ~Vlomca v Doreena" s,
LAI\-1C Case No 95-C 0317
ACTIOI\ DIscussed. no actIon taken
3 Conference WIth Legal Counsel- EXIStIllg LItigatIOn DIanne RamIrez v CIt\' of Santa
:\fomca. Case No BC 140430
ACTIOI\ DIscussed. no actlon taken
4 Conference WIth Legal Counsel - AntICIpated LItIgatIOn
Number of cases one
ACTION DIscussed. no actIOn taken
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Conference with Labor -:'\egotIator
CIty Negotlator Karen Bancroft. Personnel DIrector
Bargammg Cmts I\Ianagement Team ASSOCIates (\-"iTA)
Executive Pay Plan (EPP)
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309
A.CTION Approved Item Nos 12-A and 12-B
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PublIc Employee EvaluatIons
Employee TItles CIty Clerk. CIty l\lanager
ACTIO~\ Kot heard
-'\t 10 37 pill, CounCIl reconvened WIth all members present to take actIOn on the followmg
12-A: .\IOU!lVL\KAGElVIE~T TEA~1 ASSOC:L~ TES MotIon by Counctlmember Abdo,
seonded by Councllmember Holbrook to adopt ResolutIon Ko 9104(CCS) enttded'A
RFSOLl1TION OF THE CITY COL~CIL OF THE CITY OF SANTA :\-10KICA
,,-CTHORIZING THE CITY MANAGER TO EXECUTE A MEMORA_"-DUM OF
IJ?-.JDERSTAJ'\1J)IKG WITH THE l\lANAGE\fEKT TEAlvl ASSOCIATES" The motIon ,vas
approved by the followmg vote
Ayes
CounCIlmembers Genser Folbrook Ebner, Abdo,
rVJayor Pro Tern Greenberg, l\-Iayor Rosenstem
None
Counctlmember O'Connor
:-Joes
Absent
12-B: .MOr/EXECrTIVE Pi\. Y PLA:\" MotIon by :\.-1avor Pro Tem Greenberg, seconded by I
Councllmember Abdo. to adopt ResolutIOn No 9105(CCS) entttled "A RESOLUTIOK OF
THE CITY COL~CIL OF THE CITY OF SA~TA :\flONICA AJ\fENDE\G THE EX'ECCTIVE
PAY PLAN" The motIon was approved by the follo,vmg vote
Ayes
Councrlmembers Abdo. Ebner. Holbrook. Genser,
Mayor Pro Tern Greenberg. :\flavor Rosenstem
"Jone
Cou~cll!l1ember ~J' Lonnor
""oes
A..bsent
ADJOIJrn"ME='1T
<\L 10 42 pm. the meetmg was adjourned
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~TTEST~
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l\-1ana ]\'1 Ste,vart
Clt\' Clerk
APPROVED
4J~
Paul Rosenstem
Mayor
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'- ovember 26. 1996