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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 14, 2000
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern
O'Connor at 6: 14 p.m., on Tuesday, November 14, 2000, at City Council Chambers, 1685 Main
Street.
Roll Call:
Present:
Mayor Ken Genser (arrived at 8:34 p.m.)
Mayor Pro Tern Pam O'Connor
Councilmember Richard Bloom
Councilmember Michael Feinstein
Councilmember Robert T. Holbrook (arrived at 7:29 p.rn.)
Councilmember Kevin McKeown
Councilmember Paul Rosenstein
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS CLOSED SESSIONS: On order of Mayor Pro Tern O'Connor,
the City Council convened at 6: 14 p.rn., and then adjourned to
consider closed sessions, with Mayor Genser and Councilmember
Holbrook absent. Action taken on closed sessions was reported at
the end of the meeting.
RECONVENEIPLEDGE On order of the Mayor Pro Tern, the City Council reconvened at
7: 15 p.rn., with Mayor Genser and Councilmember Holbrook
absent. Councilmember Rosenstein led the assemblage in the
Pledge of Allegiance.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are
considered and approved in one motion unless removed from the
calendar for discussion.
Members of the public Joy Fullmer and Chuck Allord voiced
general comments on various items on the consent calendar.
November 14, 2000
1390
Motion bv Councilmember Feinstein. seconded by Councilmember
Bloom, to approve all items on the
Consent Calendar as presented, reading
resolutions and ordinances by title only and
waiving further reading thereof. The
motion was approved by the following
vote:
AYES: Councilmem.bers Bloom, Feinstein, McKeown,
Rosenstein, Mayor Pro Tern O'Connor
NOES:
ABSENT:
None
Mayor Genser, Councilmember Holbrook
MINUTES
6-A: Recommendation to approve minutes of May 30 and May
31 regular, May 31 special, and June 20, 2000, regular City
Council meetings, was approved.
EARTHQUAKE
RESOLUTION
6-B: Earthquake Recovery Resolution - Resolution No. 9591
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA DECLARING THE EXISTENCE OF A
CONTINUING LOCAL EMERGENCY," was adopted.
CURB AND GUTTER
MACHINE
6-C: Rejection of bids for purchase of curb and gutter
machine - recommendation to reject bids submitted by Terry
Equipment, Inc., and Nixon-Egli Equipment Company, and direct
staff to research open market for additional competitive bids, was
approved.
PARKING AND TRAFFIC 6-D: Purchase of Parking and Traffic Control signs -
CONTROL SIGNS recommendation to award a purchase order to Zumar Industries,
Inc., at specified unit prices for an estimated annual expenditure of
$150,000, to purchase parking and traffic control signs for the
Planning & Community Development Department, was approved.
SENIOR RECREATION
CENTER-
IMPROVEMENTS
6-E: Senior Recreation Center Improvements Project in
Palisades Park - recommendation to authorize the City Manager
to negotiate and execute Agreement No. 7839 (CCS) with Pugh
Scarpa Architects, in the amount of$160,000, to provide
architectural services for the project, was approved.
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ELECTRONIC
DOCUMENT
CONVERSION
LEASE OF OFFICE
SPACE
CEMETERY
IMPROVEMENTS
RECORDS RETENTION
SCHEDULE
6-F: Document conversion services for electronic storage of
CityOs official records - recommendation to approve a purchase
order with PC Imaging, Inc., in the amount of$70,000, to convert
legislative history documents to electronic format in the City
Clerk's Office, was approved.
6-G: Lease for office space for City offices - recommendation to
authorize the City Manager to negotiate and execute ten-year
Lease Agreement No. 7840 (CCS) with Equity Office Properties
Trust for office space for the City's Transportation Management/
Parking Operations and Parking Citation Hearing Offices, was
approved.
6-H: Design services for Woodlawn Cemetery Mausoleum
Office Addition and Electrical Repairs Project-
recommendation to authorize the City Manager to negotiate and
execute Contract No. 7841 (CCS) with Richard Berliner Architect,
in the amount of $60,000, for design services for the project, was
approved.
6-1: Resolution approving Records Retention Schedules-
Recommendation to adopt Resolution No. 9592 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA
APPROVING NEW RECORDS RETENTION SCHEDULES
FOR THE ENVIRONMENTAL AND PUBLIC WORKS
MANAGEMENT AND THE RESOURCE MANAGEMENT
DEPARTMENTS, AND APPROVING REVISED SCHEDULES
FOR THE CITY ATTORNEY'S OFFICE, CITY CLERK'S
OFFICE, CITY MANAGER'S OFFICE, AND THE FINANCE
DEPARTMENT," was adopted.
IMPROVEMENTS TO 6-J: Lobby and restroom area renovation project for Parking
PARKING STRUCTURES Structures 1,2,3,4, and 6 - recommendation to authorize the
City Manager to negotiate and execute professional services
Agreement No. 7842 (CCS) with Richard Berliner Architect, in the
amount of$300,000, to design the renovation project, was
approved.
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1392
FREEWAY SOUNDW ALL 6-K: Construction of soundwaU on South Side of Interstate 10,
CONSTRUCTION between Cloverfield Boulevard and Stewart Street -
recommendation to adopt Resolution No. 9593 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING NO. 7843 (CCS)
WITH THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY FOR RECEIPT OF GRANT
FUNDING OF THE PROJECT"; to negotiate and execute
Contract No. 7844 (CCS) with Wei Koo & Associate, in the
amount of$115,000, to design the soundwall project; and, approve
proposed budget actions, was approved.
APPROVAL OF FINAL
TRACT MAP
BIG BLUE BUS
EXPANSION MASTER
PLAN
ADMINISTRATIVE
PROCEEDINGS
MARQUIS WEST
APPEAL
Councilmember Holbrook
arrived at 7:29 p. m.
6-L: Final Tract Map 52875 for 6-unit condominium project
at 1513 9th Street, and approval of agreement for completion
of public improvements - recommendation to authorize the City
Manager to negotiate and execute Agreement No. 7845 (CCS) for
completion of public improvements, and to adopt Resolution No.
9594 (CCS) entitled: "A RESOLUTION OF THE A CITY OF
SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR TRACT NO. 52875 TO SUBDIVIDE
THE PROPERTY," was approved.
6-M: Contract amendment for Environmental Impact Report
Professional Services for the Big Blue Bus Facility Expansion
Master Plan - recommendation to authorize the City Manager to
increase the City's Environmental Impact Report (EIR)
Professional Services Contract No. 7444 with Terry A. Hayes
Associates from $65,000 to $95,000 for the Big Blue Bus Facility
Expansion Master Plan, was approved.
7-A: Recommendation to deny Marquis West's appeal of its
exclusion from the Final Meritorious Sign List and
recommendation to City Council regarding hearing
procedures, was presented. Appellant: Marquis West Restaurant
3110 Santa Monica Boulevard.
On order ofthe Mayor Pro Tern, the public hearing was opened.
Members of the public Gregory P. Humphries, Denny Sachen, and
Jerry Rubin spoke in support ofthe appeal.
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November 14. 2000
1393
ORDINANCES
DEVELOPMENT
REVIEW THRESHOLDS
Motion bv Councilmember Holbrook, to uphold the appeal. The
motion died for lack of a second.
Motion by Councilmember Bloom. seconded by Councilmember
Feinstem, to deny the appeal. The motion was approved by the
following vote:
AYES:
Councilmembers Rosenstein, McKeown, Feinstein,
Bloom, Mayor Pro Tern O'Connor
Councilmember Holbrook
Mayor Genser
NOES:
ABSENT:
8-A: Introduction and adoption of an emergency interim
ordinance/or introduction and first reading of an ordinance to
modify Article IX of the Santa Monica Municipal Code
relating to Development Review Thresholds in the RVC
Residential Visitor Commercial District, various other
Commercial Districts, Ml Industrial Conservation District and
LMSD Light Manufacturing and Studio District to 7,500
square feet.
On order ofthe Mayor Pro Tem, the public hearing was opened.
In addition to speakers heard at the meeting of October 24, the
following members of the public spoke regarding the effects of the
proposed ordinance: Mark Groner, Chris Harding.
The public hearing was closed. On order of the Mayor Pro Tem,
and with the consensus of Councilmembers present, this matter was
delayed to later in the meeting to allow Mayor Genser to be
present. On order of the Mayor, having arrived at 8:34 p.rn., this
matter was taken up again. Staff provided a supplemental report.
Motion by Councilmember McKeown. seconded by
Councilmember Feinstein, to introduce and hold first reading ofthe
ordinance, reading by title only and waiving further reading thereof,
and including options 2 and 3 ofthe supplemental staff report, the
options being: (2) exempt mixed-use projects that contain a
minimum of 80% of floor area devoted to multi-family residential
uses, and (2) exempt projects that contain 100% affordable
housing units deed-restricted to households with incomes 80% of
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November 14, 2000
1394
URBAN RUN OFF
POLLUTION
median income or less. In addition, to direct staff to work with the
Bayside District on the issue of thresholds, and amending page 7 of
the proposed ordinance to delete the date "December 8" and insert
"45 days." The motion was approved by the following vote:
AYES
Councilmembers Bloom, Feinstein, McKeown,
Mayor Genser
Councilmembers Rosenstein, Holbrook,
Mayor Pro Tern O'Connor
None
NOES:
ABSENT:
Councilmember Holbrook requested that the record reflect he
voted against this motion because it will encourage larger buildings
to be developed.
8-B: Introduction and first reading of an ordinance entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 7.10 OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO URBAN RUNOFF
POLLUTION."
Member of the public Mark Gold spoke in support of the
ordinance. Joey Fullmer expressed various concerns.
Motion by Councilmember McKeown. seconded by
Councilmember Rosenstein, to introduce and hold first reading of
the ordinance, reading by title only and waiving further reading
thereof, and amending with staffs recommended added language
on page 8, subsection 3, as follows:. ". . . building materials and
lawn and automotive care products containing. ." The motion
was approved by the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tern
O'Connor
NOES:
ABSENT:
None
Mayor Genser
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November 14,2000
1395
UTILITIES TAX
8-C: Introduction and first reading of an ordinance entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6.72 OF THE SANTA MONICA
MUNICIPAL CODE (UTILITIES TAX) TO EXCLUDE GAS
USED TO PROPEL VEmCLES FROM THE TAX."
On order of the Mayor Pro Tem, the public hearing was opened.
Member of the public Sharon O'Rourke spoke in support of the
proposed ordinance.
Quincy and Chuck Allord spoke in opposition to the proposed
ordinance.
Motion Bv Councilmember Rosenstein. seconded by
Councilmember Feinsteill, to introduce and hold first reading of the
ordinance, reading by title only and waiving further reading thereof
The motion was approved by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown,
Rosenstein, Holbrook, Mayor Pro Tern
O'Connor
NOES:
ABSENT:
None
Mayor Genser
PUBLIC HEARINGS 10-A: Public hearing regarding potential acquisition of site located
1930 STEWART STREET -at 1930 Stewart Street, known as Mountain View Park -
ACQUISITION OF recommendation to hold a public hearing and receive public input; adopt
PROPERTY Resolution No. 9595 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT ON THE MOUNTAIN VIEW
MOBILE HOME PARK LOCATED AT 1930 STEWART STREET;"
authorize the City Manager to negotiate and execute Purchase Agreement
No. 7846 (CCS) with Ring Trading Corporation for the acquisition of
said property; and approve proposed budget changes, was presented.
Mayor Genser arrived at
8:34 p.m.
The following members of the public spoke in favor of the
recommendation: Joey Fullmer, Ken Ward, Phyllis Goff, Belva Carlson,
Marcile Sullivan, Pro Se, Barbara Kessel, Randy Walburger, and Mike
Hungerford.
Motion bv Councilmember Rosenstein. seconded bv Mavor Pro Tern
O'Connor, to adopt the resolution, reading by title only, and waiving
further reading thereof The motion was approved by the following vote:
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November 14, 2000
1396
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE XX
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tern O'Connor,
Mayor Genser
NOES:
ABSENT:
None
None
Motion by Councilmember Bloom. seconded bv Mayor Pro Tern
O'Connor, to approve the award of the contract and the proposed budget
changes. The motion was approved by the following vote:
AYES:
CouncilmembersBloom, Feinstein, McKeown,
Rosenstein, Mayor Pro Tern O'Connor, Mayor Genser
None
Councilmember Holbrook
None
NOES:
ABSTAIN:
ABSENT:
City Attorney, Marsha Moutrie, included as part ofthis item a report, and
Council voted on action taken for closed session item 16-B, below.
Mayor Genser being present, the City Council returned to complete action
on item 8-A.
12-A: Adoption of Resolution No. 9596 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA
ESTABLISHING PREFERENTIAL PARKING ZONE "XX" TO
INCLUDE 9TH, 10TH, nTH, 12TH, AND EUCLID STREETS
BETWEEN WILSHIRE BOULEVARD AND COLORADO
A VENUE; AND ARIZONA AVENUE BETWEEN LINCOLN
BOULEVARD AND 14TH STREET"; and approval of proposed
budget adjustments, was presented.
The public hearing was opened. The following members of the public
spoke in support of the recommendation: Emil Cantalupo, Ann Savage,
Annette Levy, Debbie Mahdessian, Ted Catanzaro, Janina Krupa, Paulo
Vianna, Vincent Staraci, Susan Oldfield, David Brown, Tammy Long,
Susan Suntill, Richard Teisan" Michael Gantman, Chuck Allord, and
Carissa Drucker.
The following members of the public spoke in opposition to the
recommendation: Warren Berman, Mark Harding, Tom Hazard, John
Gartman,. Robert Horton, Daniel Lehrer, Cindy Wasson, Kristin Perkl,
Chris Harding, Ken Kutcher, Donna Block, and David Shender.
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November 14, 2000
1397
Councilmember Holbrook
was excused at 12:42 a.m.
WRITfEN
COMMUNICATIONS:
OVERNIGHT PARKING
PERMITS
Motion by Councilmember McKeown. seconded by Councilmember
Feinstein. to continue past 11 :00 p.m. The motion was approved by voice
vote, with Councilmembers Rosenstein and Holbrook voting in
opposition.
Motion by Councilmember Bloom. seconded by Mayor Genser, to
approve budget adjustments and adopt resolution, amended to change
preferential parking to the hours between 7:00 a.m. and 2:00 a.m.
Motion to amend by Mayor Genser, to allow for neighborhood input as to
when staff is considering making decisions regarding business permits.
Motion accepted as friendly.
Motion to amend by Councilmember Bloom, that staffbe proactive in
notifYing residents if various concepts and options available. Motion
accepted as friendly.
Motion to amend by Councilmember Feinstein. to make it clear that angle
parking is an available option. Motion accepted as friendly.
Motion to amend by Councilmember Feinsteill, to reduce to 60 days the
business permit survey proposed by staff The motion was accepted as
friendly by the maker, but not by the seconder of the main motion. The
motion to amend died due to lack of a second.
Motion to amend by Councilmember Rosensteill, that signs not be
installed for six months and to direct staff to work with community to find
and implement as many solutions as possible before the signs are installed.
The motion died due to lack of a second.
The main motion, as amended, was approved by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown,
Mayor Pro Tern O'Connor, Mayor Genser
Councilmember Rosenstein
Councilmember Holbrook
NOES:
ABSENT:
13-A: Request of Adrian Johnson to address Council regarding
obtaining overnight parking permits at the beach parking lots.
Mr. Johnson was not present to address Council. On order of the Mayor,
the information was received and filed.
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November 14,2000
1398
ADA/AFFIRMATIVE
ACTION
13-B: Request of Kelly Landis to address Council requesting a
review, discussion and revision of ADA/Affirmative Action policies
and programs relating to City employment for the disabled, was
presented.
Mayor Genser was excused at
12:55 a.m. Mayor Genser was excused. Mayor Pro Tern O'Connor assumed the seat
of Mayor and opened the public hearing. Members of the public Carol
Snider and Jerry Rubin spoke in support of the request.
COUNCILMEMBER
ITEMS:
COMMISSION ON
OLDER AMERICANS
LANDMARKS
COMMISSION
PIER RESTORATION
CORPORATION
There was no formal action taken on this item. On order of the Mayor
Pro Tern, the information was received and filed.
14-A: Appointment to two unscheduled vacancies on the
Commission on Older Americans. One for a term ending June
30, 2003 (continued from October 24, 2000) and one for a term
ending June 30, 2001.
On order of the Mayor Pro Tern, the floor was opened for
nominations. Councilmember Bloom nominated Lisa Janti for a
term ending June 30, 2003. Ms. Janti was appointed by
acclamation, with Councilmember Holbrook and Mayor Genser
absent.
CounciImember Bloom nominated Ed Musika for a term ending
June 30, 2001. Mr. Musika was appointed by acclamation, with
Councilmember Holbrook and Mayor Genser absent.
14-B: Appointment to one unscheduled vacancy on the
Landmarks Commission for a term ending June 30, 2002.
On order ofthe Mayor Pro Tern, this matter was continued to
November 28,2000.
14-C: Appointments to two full terms on the Pier Restoration
Corporation for terms ending November 10, 2004.
On order of the Mayor Pro Tern, the floor was opened for
nominations. Councilmember McKeown, on behalf of Mayor
Genser, nominated Ellen Brennan for a term ending November 10,
2004. Ms. Brennan was appointed by acclamation, with
Councilmember Holbrook and Mayor Genser absent.
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November 14, 2000
. "," ...'.- ~".' .,
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1399
ARTS COMMISSION
ELECTRIC POWER
PUBLIC INPUT:
On order of the Mayor Pro Tern, the second vacancy was
continued to November 28,2000.
14-D: Appointment to one unscheduled vacancy on the Arts
Commission for a term ending June 30, 2002.
On order of the Mayor Pro Tern, the floor was opened for
nominations. Councilmember McKeown nominated Harriet Beck
for a term ending June 30, 2002. Ms. Beck was appointed by
acclamation, with Councilmember Holbrook and Mayor Genser
absent.
It was the consensus of Council to combine items 14-E and 14-F
14-E: Request of Councilmember McKeown that staff
research recommendations to Council on how a more stable
electric power system can be effectuated for the welfare and
safety of residents and local institutions and businesses.
14-F: Request of Councilmember Rosenstein to authorize staff
to take aggressive action to insure reliable electrical power
service to Santa Monica residents and businesses. Steps taken
may include: pursuing a rate decrease and opposing Edison's
current rate increase proposal; monetary claims against
Edison for damages from power failures; and, legal action and
requests for assistance from the Public Utilities Commission.
Motion by Counci1member Rosenstein. seconded by
Councilmember McKeo}Y!!, to approve request.
Motion to amend by Councilmember Bloom, to direct staff to
provide a contact person for public input. The motion was
accepted as friendly. The main motion. as amended, as
unanimously approved by voice vote, with Councilmember
Holbrook and Mayor Genser absent.
The following members of the public spoke: Carol Snider
congratulated newly-elected Councilmembers; Joseph Natali
expressed concerns regarding the Pier Restoration Corporation;
Darlene McNama discussed landlord-tenant issues; Art Casillas
expressed concerns regarding the Police Department; Chuck Allord
spoke in opposition to allowing speakers to speak out of order;
Glenn Lingle spoke in support of water fluoridation.
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November 14, 2000
1400
CLOSED SESSIONS:
l6-A Conference with Legal Counsel- Existing Litigation:
Dou~las Heller. et al. v. Citv of Santa Monica.
et al., Case No. SS 009558.
ACTION:
Heard. No reportable action taken.
l6-B Conference with Legal Counsel- Existing Litigation:
RinS!: TradinS!: Corp. v. City of Santa Monica.
Case No. BC 172 044 {consolidated with
Mountain View Mobile Inn Residents
Association. Inc. v. Citv of Santa Monica. et
at, Case No. SC 052 672.
Motion by Councilmember McKeown. seconded by
Councilmember Bloom, to approve Settlement Agreement No.
7868 (CCS) as follows: City to purchase Mountain View Mobile
Inn and 36 coaches for $6,657,000 (plus transaction costs); no
deed restriction to be imposed by Ring Trading; Escrow to close no
later than 3 business days from execution of purchase agreement;
City to continue operating land:fill gas extraction system; Ring
Trading and City shall exchange mutual releases of liability; City
will defend and indemnify Ring from lawsuits brought by tenants;
Ring will fix identified code violations and City will contribute
$200,000 towards repairs and upgrades; appropriate $95,000 from
General Fund Account No. C01099201.589000-720-262, which is
to be paid to Ring Trading Corporation in settlement of the lawsuit
and in partial consideration for the sale ofthe mobile home park.
(Also see action taken on 10- A.) The motion was approved by the
following vote:
AYES: Councilmembers Rosenstein, McKeown, Feinstein, Bloom,
Mayor Pro Tern O'Connor, Mayor Genser
NOES: None
ABSENT:
ABSTAIN:
None
Councilmember Holbrook
l6-C: Conference with Legal Counsel- Existing Litigation:
Rav Hart v. Citv of Santa Monica, Case No. SC
058 435.
ACTION
Not heard.
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November 14, 2000
1401
Conference with Legal Counsel - Existing Litigation:
City of Santa Monica V. Shell Oil Company. et
at, Case No. 313004.
ACTION:
Not heard.
Conference with Legal Counsel- Existing Litigation: u-
, . Haul Com{)anv: et al.. v. City of Santa Monica,
Case No. CV 00-10225 NM (Rzx)
ACTION:
Not heard.
16-F: Conference with Legal Counsel- Existing Litigation:
David Levy. et at. v. City of Santa Monica,
Case No. SC 063147.
ACTION:
Heard. No reportable action taken.
16-G: Conference with Legal Counsel - Existing Litigation:
James Bell v. City of Santa Monica, Case No.
BC 052215.
ACTION:
Not heard.
Conference with Legal Counsel - Claim against the City
of Santa Monica: Claim No. CSM 00-0820 -
Alice Fellows.
ACTION:
Not heard.
Conference with Legal Counsel - Claim against the City
of Santa Monica: Claim No. CSM 00-0822 -
Sleep 'n Aire.
ACTION:
Not heard.
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November 14, 2000
1402
ADJOURNMENT
On order of the Mayor Pro Tern, the regular meeting of the City
Council was adjourned at 1 :45 a.m., to November 28, 2000, in
memory of La Verne King Weaver, Glen Richard Marsden and Dr.
William Coleman.
ATT~
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MariaM. Stewart ~--
City Clerk
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November 14, 2000