M-10/26/1999 (5)
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CITY OF SANTA MONICA
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CITY COUNCIL MINUTES
OCTOBER 26, 1999
A regular meetmg of the Santa Monica City Council was called to order by Mayor O'Connor at
620 p.m, on Tuesday. October 26, 1999, at City Council Chambers. 1685 Main Street
Roll Call:
Present
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
CouncIlmember Richard Bloom
CouncIlmember Michael Femstem
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Paul Rosenstelll
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Marla M. Stewart
CLOSED SESSIONS
RECONVENE/PLEDGE
SPECIAL AGENDA
ITEMS:
CLOSED SESSIONS On order of the Mayor, the City Councll convened
at 6:20 p.m, and then adjourned to consider closed sessions Action taken I
on closed sessIOns was reported at the end of the meetmg
On order of the Mayor, the City Council reconvened at 7:14 pm.. with all
members present CouncIlmember McKeown led the assemblage III the
Pledge of Allegiance
4-A: Proclamation declaring October 17-23, 1999, as The Great City
Hall Tune-Iff ff'r,t to HrRffl~l.f.".wareness or televised City Council
meeting' IfR J::. JV f11 ~;,}H~ ~.on.lc~, cable channel 16.
The Mayor ISsued proclamation dec1aring October 17-23, 1999, as The
Great City Hall Tune-In Week.
On order ofthe Mayor, the City Council recessed at 7:19 pm, to a SpecIal
meetmg ofthe Redevelopment Agency and a concurrent joint meetmg of the
City Council and the Redevelopment Agency, With all members present to
hear the followmg two Items:
October 26. 1999
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REDEVELOPMENT
AGENCY MEETING:
PURCHASE OF RAND
PROPERTY
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RA-I Public hearing and adoption of Resolution No. 462 (RAS)
entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY
CERTIFYING THE INITIAL STUDY AND NEGATIVE
DECLARATION FOR THE RAND PROPERTY ACQUISITION
LOCATED AT 1700, MAIN STREET, 1657, 1665, 1677, 1683,1707,
AND 1725 OCEAN AVENUE" - recommendation to adopt resolution and
authonze the Executive Drrector to negotiate and execute an O\Vner
Participation Agreement and related documents with Rand Corporation, and
authorize the Executive Drrector to negotiate and execute lease agreements
with the Rand Corporation and Jay FlOndella for Chez Jay Restaurant.
JOINT MEETING OF THECCfRA-I. Public hearing and adoption of Resolution No. 9452 (CCS)
CITY COUNCIL AND entitled "A RESOLUTION OF THE CITY OF SANTA MONICA
THE REDEVELOPMENT APPROVING THE ISSUANCE AND SALE BY THE
AGENCY:
REDEVELOPMENT
PROJECT TAX
ALLOCATION BONDS
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA
OF ITS SANTA MONICA EARTHQUAKE RECOVERY
REDEVELOPMENT PROJECT TAX ALLOCATION BONDS," and
adoption of Resolution No. 463(RAS) entitled "A RESOLUTION OF
THE REDEVELOPMENT AGENCY OF SANTA MONICA
AUTHORIZING THE EXECUTION AND DELIVERY BY THE
AGENCY OF AN INDENTURE AND A CONTINUING
DISCLOSURE CERTIFICATE IN CONNECTION WITH THE
ISSUANCE OF REDEVELOPMENT AGENCY OF THE CITY OF
SANTA MONICA, SANTA MONICA EARTHQUAKE RECOVERY
REDEVELOPMENT PROJECT TAX ALLOCATION BONDS,
AUTHORIZING THE ISSUANCE OF SUCH BONDS IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$69,500,000, AUTHORIZING THE PUBLICATION OF A NOTICE
OF INTENTION TO SELL. AUTHORIZING THE DISTRIBUTION
OF AN OFFICIAL NOTICE INVITING BIDS AND AN OFFICIAL
STATEMENT IN CONNECTION WITH THE OFFERING AND
SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION
OF NECESSARY DOCUMENTS AND CERTIFICATES AND
RELATED ACTIONS."
On order of the Mayor the public heanng was opened for both Items RA-I
and CORA-I. The follovo'lng members ofthe pubhc spoke in favor of the
Project: Dan Ehrler, GeoffStem. Chns HardIng, Jay FlOndella, Chnton
Minnis, Nat Trives. 1. Roennau, Jason Parry, and Jean Wyner.
The fonowing members of the pubhc spoke agamst the project Karin Pally
and Bnan HutchIngs
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October 26, 1999
1062
ACTION TAKEN ON
RA-l
The following members of the pubhc expressed various concerns including
but not lirmted to allocatmg more money for affordable and senior housmg, I
the public process, terms of the agreement, and parking issues Alan Toy,
MillIe Rosenstem, Dons Ganga, Frank Gruser, Chuck Allard, Joy Fullmer.
Jerry Rubm, and Broria Finkel
Motion by Agencv Member Femstein, seconded by A~ency Member Genser.
to hear late speakers for one mmute each The motion was unammously
approved, by voice vote. \'lith all members present
Member of the pubhc John Given expressed support m allocating more
money for aftordable housmg and Tom Frances spoke m support of the
project.
On order of the Mayor. the public hearmg was closed CouncIl discussion
ensued on the project and on Issues raLSed during public mput
MotIon by Agency Member Holbrook, seconded by Agency Member
Femstein, to adopt ResolutIon No. 462(RAS) readmg by title only and
wal\1ng further reading thereof The motIOn was approved by the following
vote
Ayes:
Agency Members Holbrook, Rosenstem, McKeown. Feinstein,
Bloom, Charr Pro Tern Genser, ChaIr O'Connor
None
None
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Noes.
Absent:
Motion by Agency Member McKeO\vn, seconded by Agency Member
Feinstem, to amend the recommendatIOn to mcrease low and moderate
income housing development on the property bemg purchased from Rand to
a level commensurate With thrrty percent (30%) low and moderate income
housmg allocatIon of the bond proceeds used to buy the Rand property,
instead ofa twenty (20%) percent allocatIon. The motIOn was approved by
the follOWIng vote:
Ayes'
Agency Members Bloom, Feinstem, McKeown, Rosenstem,
Holbrook, ChaIT Pro Tern Genser. ChaIr O'Connor
None
None
Noes:
Absent:
Motion bv Agency Member Rosenstem, to amend the main motion to put
off the deCISIon until the Redevelopment Agency's five year plan has been
considered. Motion failed for lack of a second.
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October 26. 1999
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ACTION TAKEN ON
CC/RA-l
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Motion by Agency Member Rosenstein. to make an amendment to the mam
motIon that it be prelmnnary approved torught, and that It return to Council
for final approval when the entire package IS put together MotIon faIled for
lack of a second
Motion by Chair Pro Tern Genser, seconded by Agency Member Feinstein.
to authorize the Executive Director to negotiate and executive an Owner
PartIcIpation Agreement No. 7639(RAS) and related documents with the
Rand Corporation for the acquISition of excess property. The motlon was
approved by the following vote:
Ayes: Agency Members Bloom. Feinstem, McKeown, Holbrook,
Chair Pro Tern Genser. Chair O'Connor
Abstain: Agency Member Rosenstein
Noes None
Absent None
Agency Member Rosenstein requested the record reflect that while he
personally thinks it is a good Idea to purchase the land. he abstained because
of the lack of public reVIew and input mto the process and because Council
won't know untu the next meeting what resources are available to the
Redevelopment Agency to do the vanety ofthings that need to be done in
the CIty. He added that these are the same reasons for any other abstention
he may have on other motIOns
MotIon by A~ency Member Bloom, seconded by Agency Member
McKeown, to authorIZe the Executive DIrector to negotIate and execute
Lease Agreements Nos. 7640(RAS) and 7641 (RAS) WIth the Rand
Corporation and \vlth Jay FlOndella for Chez Jay Reslaurant The motion
was approved by the followmg vote:
Ayes
Agency Members Holbrook, McKeown, Feinstem, Bloom.
Chair Pro Tern Genser. Chair O'Connor
Agency Member Rosenstein
None
None
Abstam
Noes
Absent:
MotIon by COWlcIlmember Holbrook, seconded by Mayor Pro Tern Genser,
to adopt ResolutIOn No 9452 (CCS), readIng by tItle only and waiving
further readmg thereof The motIon was approved by the follo~lllg vote
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October 26. 1999
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CONSENT CALENDAR:
Ayes: Councilinembers Bloom, Femstem, McKeown, Holbrook, I
Mayor Pro Tern Genser, Mayor O'Connor
Abstam: Councilmember Rosenstein
Noes: None
Absent: None
Motion by Agency Member Femstein. seconded by Agency Member
McKeo,,'ll, to adopt Resolution No 463 (RAS)," reading by title only and
WalVlng further reading thereof. The motion was approved by the followmg
vote
Ayes'
Agency Members Holbrook, McKeown. Femstem, Bloom.
Chair Pro Tern Genser, ChaIr O'Connor
Agency Member Rosenstem
None
None
Abstain:
Noes
Absent.
On order of the Charr/Mayor at 9'31 p.m., the Redevelopment Agency
Meeting, and the Special Joint Meeting of the CIty Council and the
Redevelopment Agency were adjourned and the regular meetmg of the City
CouncIl reconvened, wlth all members present
The Consent Calendar was presented, whereby all Items are consIdered and I
approved m one motion unless removed from the calendar for dISCUSSIOn.
Members of the public Jerry Rubm, Joy Fullmer and Bnan Hutchings
addressed vanous ISsues relative to Consent Calendar Items.
At the request ofCouncilmember Rosenstein, Item 6-E was removed from
the Consent Calendar The minutes for August 17 were pulled at the
request of the City Clerk
Motion by CouncIlmember Feinstein. seconded by CouncIlmember Bloom.
to approve all Items on the Consent Calendar as presented, reading
resolutions by title only and waiving further reading thereof, With the
exceptIOn of Item 6-E and the ll1lIlutes of August 17 The motIOn was
approved by the followmg vote
Ayes:
Counctlmembers Bloom, Femstem, McKeov,TI, Rosenstein.
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
Noes:
Absent:
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October 26. 1999
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MINUTES
EARTHQUAKE
RECOVERY
MERITORIOUS SIGN
REVIEW
REMEDlA nON
SERVICES
PARKING STRUCTURE
1116-46 4TH STREET
RECESS
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6-A: The minutes of the August 10, 1999. City Council meetmg were
approved as subIUltted. The mInutes ofthe August 17, 1999, meetmg were
contmued to November 9. 1999
6-8 Earthquake Recovery Resolution - Resolution No 9453 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY;' was adopted
6-C: The appointment of members to the Meritorious Sign Review
Board for review of signs eligible for meritorious designation was
approved.
6-D Contract amendment for additional environmental investigation
and remediation services at the City's Transportation Facility -
recommendation to authorIZe the CIty Manager to negotIate and execute an
amendment to Contract No. 109 (CD) WIth Arthur D Little, Inc., m the
amount of $62, 154, for an expanded scope of environmental investigatIOn,
monitoring and remediation services at the Transportation Facihty was
approved
6-E. Contract for design and pre-development services for construction
of parking structure at 1116-46 Fourth Street - recommendation to
authorIZe the CIty Manager to negotiate and execute Contract No 7606
(CCS) w1th Fourth Street Servlces Corporauon, ill the amount of $275,000.
to provide des1gn and pre-development sefV1ces for the construction of the
public parkmg structure to be located at 1116-46 Fourth Street.
Staff answered questions of Councilmember Rosenstein regarding the
number ofpubhc parkmg spaces, the benefits to the pubhc. and the scope of
the contract to build the parkIng structure
Mouon bv Councilmember Rosensteill. seconded by Counc1lmember
FelDStein. to approve staff recommendation The motion was approved by
the followmg vote'
Ayes
Councihnembers Holbrook, Rosenstein, McKeown. Feinstem.
Bloom, Mayor Pro Tern Genser, Mayor O'Cormor
None
None
Noes'
Absent:
On order of the Mayor. the City Council recessed at 9:41 p.m. and
reconvened at 10 30 P rn., WIth all members present
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October 26, 1999
1066
ORDINANCES:
OUTDOOR ANTIQUE
MARKETS
STAFF ADMIN. ITEMS:
RULES OF ORDERS
AND PROCEDURES
WRITTEN
COMMUNICA TIONS:
AL TERNA TIVE LIVING
FOR THE AGING
8-A: Introduction and tirst reading of "AN ORDINANCE OF THE I
CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE
MUNICIPAL CODE TO ALLOW OUTDOOR ANTIQUE MARKETS
IN THE PUBLIC LANDS (PL) OVERLAY DISTRICT SUBJECT TO
A PERFORMANCE STANDARD PERMIT"
On order of the Mayor, the public hearing was opened. Member of the
public Ralph Mechur spoke rn favor of the ordmance
Motion by Mayor Pro Tern Genser, seconded by Councilmember Feinstein.
to introduce and hold first reading ofthe ordinance, readmg by title only and
wmvrng further readmg thereof The motion was approved by the follo'A-ing
vote.
Ayes
CouncIlmembers Bloom. FeinsteIn, McKeown, RosensteIn,
Holbrook. Mayor Pro Tern Genser, and Mayor O'Connor
None
None
Noes
Absent
9-A: Resolution amending The Rules of Order and Procedures for the
Conduct of City Council Meetings.
On order ofthe Mayor. the public hearing was opened Jerry Rubin and I
Chuck Allard suggested modIfications to the rules Bnan HutchIngs
expressed various concerns
Motion by Councilmember McKeo\\'Il, seconded by Councilmember
Feinstein, to contrnue the meetrng past II 00 p rn The motion was
unanimously approved by VOIce vote
DiscussIon ensued on Issues of concern, including but not limited to,
agendaI3-Items. agenda deadlrnes, ruhngs of the ChaIr, pornts of order. and
tune lnruts
It was the consensus ofCounctl, and on order of the Mayor, to continue this
matter to November 9, 1999, to allow stafftlrne to rncorporate the
suggestIons and pornts raised during the discussIOn.
13-A: The request from Royce Mathew to address Council regarding
the financial status of Alternatiye Living for the Aging Program, was
presented.
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October 26, 1999
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TRAFFIC CONCERNS
WAIVER OF SAFETY
INSPECTION FEES
COUNCILMEMBER
ITEMS:
PIER RESTORATION
RESIGNATION
Councllmember Rosenstem
was excused at 11 35 pm
LEASES OF CITY
PROPERTY
1067
On order of the Mayor. the infonnation was receIved and filed. Staffwas
directed to reVIew this project and report back to the COunCll on future
findmgs, once their research is completed
13-B The request of Richard Corlin to address Council regarding
traffic concerns on La Mesa Drive and requesting traffic control and
enforcement, was presented.
On order ofthe Mayor, the mfonnation was received and filed. Staffwas
drrected to return With a report
I3-C: Request of Brenda Collosi, from Franklin Elementary School, to
address Council requesting a waiver of required safety inspection fees
to erect a canopy at the annual school fundraiser/carnival.
On order of the Mayor, the informatIOn was receIved and filed, as Ms
COllOSI was not present
14-A 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 Item was continued to November 23. 1999.
14-B Acceptance of Dr. Adele Somer's letter of resignation from the
Commission on Older Americans and authorization for the City Clerk
to publish the vacancy.
Motion by Councilmember Bloom, seconded by Mayor Pro Tern Genser, to
accept letter of resignatIOn \Vlth regrets and authonze the CIty Clerk to
publish the vacancy. The IJK)tIOn was unanimously approved by vOIce vote,
With Councilmember Rosenstem absent
14-C: Request of Mayor Pro Tern Genser to direct staff to develop a
written policy on leases of City property to commercial tenants.
Motion by Mayor Pro Tern Genser, seconded by CouncIlmember Femstein,
to approve request. MotIon unanimously approved by voice vote, with
Councllmember Rosenstem absent.
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October 26, 1999
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PUBLIC INPUT:
CLOSED SESSIO~S:
ADJOURNMENT
Members of the pubhc Chuck Allord. Francisco Juarez, and Art Casillas
expressed vanous concerns No formal action was taken
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16-A: Conference with Real Estate Negotiator.
Property: Portions of property on the west side of
Main Street between Pico Boulevard and
Colorado Avenue
City Negotiator: John Jalili, City Manager
Owners of Record: The Rand Corporation
Under negotiation: Possible acquisition of real estate property
ACTION
See action taken on Items RA-l and CCIRA-l
16-B: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Five.
ACTION
Three cases were heard No reportable action taken.
16-C: Conference with Legal Counsel- Existing Litigation: Citv of
Santa Monica v. Henry Walther, Case No. SC043522.
ACTION Not heard
On order of the Mayor. the City Council meetmg adjourned at 11:59 p IlL, tl
November 2, 1999. in memory of Dr Villagomez, Juanita EscobaL Alex
Kuscher, Wmona AsWey, and Jane Small
. ATTES~
~~.~.,J-
Mana M Stewart \.--
City Clerk
APPROVED:
~a;;
Pam O'Connor
Mayor
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October 26. 1999
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