M-8/8/2000
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 8, 2000
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:15
p.m., on Tuesday, August 8, 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 Feinstein
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Paul Rosenstein
Also Present: City Manager Susan McCarthy
City Attomey Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS CLOSED SESSIONS: On order ofthe Mayor, the City Council convened
at 6: 15 p.m., and then adjourned to consider closed sessions. Action taken
on closed sessions was reported at the end of the meeting.
RECONVENEIPLEDGE On order of the Mayor, the City Council reconvened at 7:29 p.m., with all
members present. Councilmember Bloom 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.
The following members ofthe public commented on the Consent Calendar:
Joey Fullmer discussed Item 6-L; Ronn Pickard spoke in favor ofltem 6-0;
Jerry Rubin spoke in support ofltem 6-1; Heather Olivier discussed the need
for sidewalk repairs, Item 6-M; and Chuck Allord expressed concerns
regarding Item 6-J.
Motion bv Councilmember McKeown. seconded bv Councilmember
Holbrook, to approve all items, on the Consent Calendar, reading
resolutions and ordinances by title only and waiving further reading thereof.
The motion was approved by the following vote:
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August 8, 2000
1316
MINUTES
EARTHQUAKE
RECOVERY
RESOLUTION
PURCHASE OF SEDAN
AIRPORT
IMPROVEMENTS
FEMA
REPRESENTATIVES
OFFICE WORK SPACE
FURNISHINGS
AYES:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
Mayor Pro Tern O'Connor, and Mayor Genser
None
Councilmember Rosenstein
None
NOES:
ABSTAIN:
ABSENT:
6-A: The minutes of April 18 and May 2,2000, were approved.
6-B: Earthquake Recovery Resolution - Resolution No. 9558 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DECLARING THE EXISTENCE OF A
CONTINUING LOCAL EMERGENCY," was adopted.
6-C: Purchase of one full-size sedan - recommendation to award Bid No.
2792 to Ford West, in the amount of$26,112.07, as part ofthe City's
Vehicle Replacement Program, was approved.
6-D: Construction of Santa Monica Airport Landscaping, Irrigation
and Drainage Improvements - recommendation to authorize the City
Manager to negotiate and execute Contract No. 7751 (CCS) with Pima
Corporation, in the amount of$207,810, for construction of the
landscaping, irrigation and drainage improvements to the Santa Monica
Airport, was approved.
6-E: Resolution designating representatives to sign California Office of
Emergency Services and Federal Emergency Management Agency
documents on behalf of the City of Santa Monica - Resolution No. 9559
(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DESIGNATING REPRESENTATIVES TO
SIGN CALIFORNIA OFFICE OF EMERGENCY SERVICES AND
FEDERAL EMERGENCY MANAGEMENT AGENCY DOCUMENTS
ON BEHALF OF THE CITY OF SANTA MONICA," was adopted.
6-F: Purchase of office work space furnishings for the Building and
Safety Division - recommendation to authorize the City Manager to award
a purchase order to Knoll. Inc., in the amount of $63,483.74, to furnish,
deliver and install modular office work space furnishings for the Building
and Safety Division, was approved.
August 8, 2000
1317
INTERIM PLANNING
SERVICES
HUMAN RESOURCES
AND PAYROLL
SOFTWARE
MARQUIS WEST
RESTAURANT
CONGESTION
MANAGEMENT
PROGRAM
SEWER PROJECT
6-G: Contract amendment for provision of interim planning services
for the Planning Division - recommendation to authorize the City Manager
to negotiate and execute an amendment to Contract No. 7510 (CCS) with
Willdan Associates, in the amount of$83,129, to provide additional interim
planning services, was approved.
6-H: Contract for license extension for use of software for Human
Resources and Payroll programs - recommendation to authorize the City
Manager to negotiate and execute Contract No. 7752 (CCS) with
PeopleSoft, Inc., in the amount of $27,063, for an extended enterprise
license to the City's existing software program, was approved.
6-1: Recommendation to set a public hearing for October 24, 2000, to
reconsider denial of meritorious sign appeal for the Marquis West
Restaurant, was approved.
6-J: Adoption oflocal Implementation Report on the City's Congestion
Management Goals and adoption of resolution finding that the City is
in compliance with the 1999 Congestion Manageme..t Programs-
Resolution No. 9560 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY
TO BE IN CONFORMANCE WITH THE CONGESTION
MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089," was adopted.
6-K: Contract amendments for the construction of the Pacific Coast
Highway Sewer Replacement Project and appropriation of funds -
recommendation to authorize the City Manager to negotiate and execute: an
amendment to Contract No. 7490 (CCS) with Modem Continental
Construction Company to delete a portion of the construction work and to
resolve various compensation issues; an amendment to Contract No. 7476
(CCS) with Black & Veatch, Inc., up to the amount of$I,368,037, for
construction management services; an amendment to Contract No. 7216
(CCS) with Montgomery Watson Americas, up to the amount of $404,000,
for design and Engineer of Record services; an amendment to Contract No.
7355 (CCS) with Harris and Company, up to the amount of$259,000 for
community outreach service for Pacific Coast Highway Project; and
approval of appropriation of funds as proposed in the staff report, was
approved.
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August 8, 2000
1318
INCLUSIONARY AND 6-L: Resolution establishing Year 2000 Maximum Allowable Rents and,
AFFORDABLE HOUSING Purchase Prices for the Inclusionary Housing Program, and resolution
PRODUCTION establishing Year 2000 Maximum Allowable Rents for the Affordable
PROGRAMS Housing Production Program - Resolution No. 9561 (CSS)(Inc. Hsg.
Prog.), entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING THE 2000 MAXIMUM
ALLOWABLE RENTS AND MAXIMUM ALLOWABLE
PURCHASE PRICES FOR THE INCLUSIONARY HOUSING
PROGRAM," and Resolution No. 9562 (CCS)(AfI Hsg. Prog.) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING THE 2000 MAXIMUM
ALLOW ABLE RENTS FOR THE AFFORDABLE HOUSING
PRODUCTION PROGRAM," were adopted.
STREET IMPROVEMENT6-M: Contracts for Street Improvement Project for street resurfacing,
PROJECT slurry sealing, and repairs to curbs, gutters, curb ramps, bus pads and
sidewalks - recommendation to authorize the City Manager to negotiate and
execute Contract No. 7753 (CCS)(All American) with All American
Asphalt, in the amount of$3,345,81O, for the construction of the Street
Improvement Project on various City streets; and negotiate and execute
Contract No. 7754 (CCS)(CMI) with Construction Management Inspection,
in the amount of$198,320, for construction management services of the
project, were approved.
STREET CLOSURE
POLICY
6-N: Recommendation to approve Street Closure Policy for community
events, was approved.
U.S. CONSTITUTION
DAY PARADE
6-0: Resolution authorizing the holding of the U.S. Constitution Day
Parade on September 16, 2000, on a route other than the official City
Parade Route, and recommendation to waive costs - recommendation to
waive costs was approved and Resolution No. 9563 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE HOLDING OF A PARADE ON
SEPTEMBER 16, 2000, ON A ROUTE OTHER THAN THE
OFFICIAL CITY PARADE ROUTE," was adopted.
END OF CONSENT CALENDAR
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August 8, 2000
1319
ADMINISTRATIVE
PROCEEDINGS:
APPEAL - 834-838 16TH
STREET
Councilmember McKeown
was excused at 7: 44 p. m.
7-A: Appeal of Planning Commission denial of Conditional Use Permit
98-047 and Vesting Tentative Tract Map 52649 to allow construction of
a ten-unit condominium project with twenty-two subterranean parking
spaces at 834-838 16th Street, and recommendation to deny the appeal
and uphold the Planning Commission's decision. Applicant/Appellant:
Norman Salter, was presented.
Councilmember McKeown recused himself due to a potential conflict of
interest.
On order of the Mayor, the public hearing was opened. Norman Salter,
Applicant, and Mr. Kutcher, representing the Applicant, spoke in support of
the appeal.
The following members ofthe public spoke in opposition of the appeal and
against the project: Joey Fullmer, Joan Stambler, Louise Gibson, Beverly
Sokol, Lila Fink, Fred Fink, Michael Klurfeld, Eileen Holz, and Pam Vavra.
The following members of the public spoke in support of the appeal and in
favor ofthe project: Jim Taylor, Nancy Breitman, Nancy MacDonald, and
Harvey Goodman.
Motion by Councilmember Rosenstein. seconded by Councilmember
Holbrook, to refer the matter back to the Planning Commission and ask the
Commission to look at the offers to make changes made by the developer,
and to consider the views of the neighborhood to determine if the project
can be refined to be acceptable to the neighborhood.
Motion to amend by Councilmember Rosenstein, to remand the matter to
the Planning Commission with the requirement that the developer hold a
meeting to assess the concerns in the neighborhood, and to make the plans
available to the public. The motion was accepted as friendly. The motion
failed by the following vote:
AYES:
NOES:
Councilmembers Holbrook and Rosenstein
Councilmembers Feinstein, Bloom, Mayor Pro Tern
O'Connor, Mayor Genser
Councilmember McKeown
ABSENT:
Motion by Councilmember Bloom. seconded by Councilmember Feinstein.
to deny the appeal based on the findings and conditions included in the staff
report and the comments made during the meeting. The motion carried by
the following vote:
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August 8, 2000
320
ORDINANCES:
FORTUNE TELLING
CouncilmemberAlc}Ceown
returned at 8:45 p.m.
AYES:
Councilmembers Bloom, Feinstein, Mayor Pro Tern
O'Connor, and Mayor Genser
Councilmembers Rosenstein and Holbrook
Councilmember McKeown
NOES:
ABSENT
8-A: Second reading and adoption of interim Ordinance No. 1981
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 6.14.040(D) AND
MODIFYING THE DEVELOPMENT STANDARDS IN THE RVC
DISTRICT TO ALLOW FORTUNETELLING AS A PERMITTED
USE ON OCEAN FRONT WALK WITHIN THE RVC DISTRICT
(Ordinance introduced July 11,2000)," was presented.
Motion by Councilmember Feinstein. seconded by Councilmember
McKeown. to adopt the ordinance, reading by title only, and waiving further
reading thereof. The motion carried by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
NOES:
ABSENT:
STREET PERFORMANCE8-B: Second reading and adoption of Ordinance No. 1982 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTIONS 6.112.020 RELATING
TO STREET PERFORMANCE TO RESTRICT VENDING
(Ordinance introduced on July 25, 2000)," was presented.
TRANSPORTATION
MANAGEMENT PLAN
Motion by Councilmember Feinstein. seconded by Councilmember
McKeown. to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion carried by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
NOES:
ABSENT
8-C: Second reading and adoption of Ordinance No. 1983 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S TRANSPORTATION MANAGEMENT
PLAN ORDINANCE (Ordinance introduced on July 25, 2000)," was
presented.
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August 8, 2000
1321
Motion by Mayor Pro Tern O'Connor. seconded by Councilmember
F einstem, to adopt the ordinance, reading by title only and waiving further
reading thereof The motion carried by the following vote: .
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
NOES:
ABSENT:
CONSTRUCTION RATE 8-D: Introduction and adoption of emergency interim Ordinance No.
PROGRAM AND DESIGN 1984 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
COMPATIBILITY MONICA EXTENDING AND AMENDING THE CONSTRUCTION
PERMIT RATE PROGRAM FOR MULTI-FAMILY DEVELOPMENT IN ALL
MUL TI-FAMIL Y RESIDENTIAL DISTRICTS AND THE DESIGN
COMPATIBILITY PERMIT REQUIREMENT FOR mE
DEVELOPMENT OF CONDOMINIUMS AND OTHER MULTI-
F AMIL Y HOUSING," was presented.
On order of the Mayor, the public hearing was opened. The following
members of the public addressed the Council regarding the proposed
ordinance: Joey Fullmer, Chuck Allord, and Brian Hutchings.
Motion by Councilmember Feinstein. seconded bv Mavor Genser, to adopt
the ordinance, reading by title only and waiving further reading thereof The
motion carried by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, and Mayor Genser
Mayor Pro Tern O'Connor
None
NOES:
ABSENT:
RECESS On order of the Mayor, the City Council recessed at 9:00 p.m., and
reconvened at 9:08 p.m., with all members present.
STAFF ADMIN. ITEMS 9-A: Approval of conceptual Crosswalk Enhancements and Street
Modifications for Wilshire, Santa Monica, Broadway and Ocean Park
Boulevards; authorization to staff to proceed with preparation of
construction drawings and specifications, was presented.
On order of the Mayor, the public hearing was opened. The following
members of the public spoke in opposition to the proposal: Ellen Hannan,
Luanice Frank, Bob Seldon, Lewis Perkins, and Robin Waner.
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August 8, 2000
1322
Councilmember Rosenstein
was excused at 9:55 p.m.
Councilmember Rosenstein
returned at 10:21 p.m.
WRITTEN
COMMUNICATIONS:
BOATHOUSE
RESTAURANT
The following members of the public spoke in support of the proposal: Ed
Moosbrugger, Ulysses Gabson, and Daniel Ehrlers. Members of the public
Chuck Allord, Heather Olivier, Karen Blechman, Giles Smith, Paula
Goldman, Jerry Rubin, Kelly Olsen and Mukul Ram expressed various
concerns and provided suggestions.
Councilmember Rosenstein advised that he had a conflict of interest with the
Broadway portion of the action and requested that the portion be separated
from the other items, and discussed first during his absence.
Motion by Mayor Genser. seconded by Mayor Pro Tern O'Connor, to
authorize staff to proceed with preparation of construction drawings and
specifications for Broadway Boulevard. The motion carried by the
following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
Mayor Pro Tern O'Connor and Mayor Genser
Councilmember Holbrook
Councilmember Rosenstein
NOES:
ABSENT:
Motion by Councilmember Feinstein, seconded by Councilmember
O'Connor, to approve the remainder of the staff recommendation and
directing staff to look at the intersection of 26th and Washington and report
to Council. The motion was approved by the following vote.
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Mayor Pro Tern O'Connor and Mayor Genser
Councilmember Holbrook
None
NOES:
ABSENT:
13-A: Request of Naia Sheffield to address Council regarding
preserving the "Boathouse Restaurant" on the Santa Monica Pier, was
presented.
The following members of the public spoke in support of the request: Jerry
Rubin, Joe Natoli, Charles Boehme, Rich Howard, Kenny Batch, Laura
Canellias, Joe Sheffield, David Brown, Sonja Braga, Michael Cladis, Del
San Jose, Lea Haushern, Cindy Northrop, William Moore, Allan D., Ron
Foster, and Marcia Shreiber.
The following members spoke in opposition to the request: Arthur Harris,
Ellen Brennan.
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August 8, 2000
1323
Motion by Councilmember Rosenstein, to suspend the on-going process for
soliciting tenants and solicit widespread public input. Motion died for lack
of a second.
Motion by Councilmember Rosenstein. seconded by Councilmember
Holbrook, to direct the City Manager to not sign any potential lease until
Council has acted on the Services Agreement with the Pier Restoration
Corporation. The motion was unanimously approved by voice vote, with all
members present.
COUNCILMEMBER 14-A: Acceptance of John Given's letter of resignation from the
ITEMS: Housing Commission and authorization for the City Clerk to publish
HOUSING COMMISSION the vacancy.
Councilmember Holbrook
was excused at 1:00 a.m.
LANDMARKS
COMMISSION
SOCIAL SERVICES
COMMISSION
MINIMUM WAGE AND
FAIR LABOR
STANDARDS
Motion by Councilmember McKeown. seconded by Councihnember
Feinstein. to accept the letter with regrets. The motion was unanimously
approved by voice vote, with Councilmember Holbrook absent.
14-B: Acceptance of James Lunsford's letter of resignation from the
Landmarks Commission and authorization for the City Clerk to
publish the vacancy.
Motion by Mayor Pro Tern O'Connor. seconded by Councilmember
McKeo~ to accept the letter with regrets. The motion was unanimously
approved by voice vote, with Councilmember Holbrook absent.
14-C: Acceptance of Lee Mizell's letter of resignation from the Social
Services Commission and authorization for the City Clerk to publish
the vacancy.
Motion by Councilmember Feinstein. seconded by Councilmember
McKeo~ to accept the letter with regrets. The motion was unanimously
approved by voice vote, with Councilmember Holbrook absent.
14-D: Request of Mayor Genser to direct staff to analyze and return
with recommendations to assure that all workers in the City of Santa
Monica are afforded the minimum protections guaranteed by State law
with respect to minimum wages and fair labor standards, was
presented.
Motion by Mayor Genser. seconded by Councilmember Feinstein, to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Holbrook absent.
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August 8, 2000
1324
BLUE CROSS/ST. JOHN'S 14-E: Request ofCouncilmember Bloom that the Council adopt a
AGREEMENT resolution conveying concern over the cessation of the agreement
between Blue Cross Insurance and St. John's Health Center (which
wiD result in the inability of thousands of Santa Monica residents,
visitors, and employees who are insured by Blue Cross to utilize St.
John's for their health care needs); and request that staff report back
on options available to join with other interested agencies and
organizations to advocate for more effective County, State and Federal
health care policies and funding initiatives. Include contact with Blue
Cross, St. John's, Santa Monica-UCLA Medical Center, the Westside
Health Coalition and representatives of the State of California
Department of Managed Care, as well as and State and Federal elected
officials, was presented.
Motion by Councilmember Bloom. seconded by Mayor Pro Tern O'Connor,
to approve request. The motion was unanimously approved by voice vote,
with Councilmember Holbrook absent.
COMMERCIAL FILMING 14-F: Request ofCouncilmembers McKeown and Rosenstein to modify
PERMITS commercial filming permits to afford greater protection for public
safety, traffic flow and the ongoing business of the community, was
presented.
The following members of the public spoke in support of the request: Terrer
Beasor, Steve Caplan, Phil Brock, Irwin Keyes, Vicky Keyes, Andy Milder,
Bob Carlson, David Clennon, Donna Dacalla, Elliot Woods, Dan Navarro,
Brian Hutchings, Googy Gress, Lisa Robins, David JollifIe, and Sarah
Michaels.
Motion by Councilmember McKeown. seconded by Councilmember
Rosenstein, to direct -staff to modifY the commercial filming permits to ask
four mandatory questions: a) how much street space will be affected by the
work; b) do you anticipate any disruptions other than those caused by the
filming itself; c) do you have cause to expect labor demonstrations; e) is the
work to be done the subject of any labor dispute.
Motion to amend by Councilmember Rosenstein, to add a fifth question to
ask: "Has the applicant taken out additional permits, and if so, which," and
that the modifications be in effect for six months, and that staff return to
Council to determine if they are still needed. Motion accepted as friendly.
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August 8, 2000
1325
PUBLIC INPUT:
CLOSED SESSIONS:
Motion to amend by Mavor Genser, that staff return with information on
having a fee for filing false permits. Motion accepted as friendly. The main
motion, as amended, was approved by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Mayor Pro Tern O'Connor, Mayor Genser
None
CouncilmemberHollirook
NOES:
ABSENT:
The following members of the public spoke: Pro Se spoke in support of a
Disabilities Commission. Bernard Kessler spoke in support of individuals
exercising first amendment rights on the Santa Monica Pier. Tim Dillinbeck
spoke in support of permitting the use of various equipment to blow bubbles
at the Promenade and the Pier.
16-A: Conference with Real Property Negotiators:
Property: 1819 Ocean Avenue
City Negotiator: Mark Richter
Owners of Record: Sunstone Hotel Investors
Under Negotiation: Terms and conditions of lease.
ACTION:
Heard. No reportable action taken.
16-B: Conference with Legal Counsel- Existing Litigation: Palisades
Beach Propertv Owners Association v. State of California
Department of Transportation, Case No. BC 220 026.
ACTION:
Heard. No reportable action taken.
16-C: Conference with Legal Counsel - Existing Litigation: Santa
Monica Housine: Council v. City of Santa Monica, Case No.
BC 230 106.
ACTION:
Heard. No reportable action taken.
16-D: Conference with Legal Counsel- Existing Litigation: Conoco.
Inc. v. City of Santa Monica, Case No. 99-12075 RAP (Cwx).
ACTION:
Heard. No reportable action taken.
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August 8, 2000
1326
ADJOURNMENT:
Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co.. et at, Case No. 313004
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel - Anticipated Litigation:
Number of Cases: Three.
ACTION:
No reportable action taken.
On the order of the Mayor, the City Council adjourned at 2:20 a.m., to
September 5,2000.
ATTEST:
- ~~:rv-4
Maria M. Stew
City Clerk
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August 8, 2000