M-10/10/2000
1371
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 10, 2000
A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20
p.m., on Tuesday, October 10,2000, 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 Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
CLOSED SESSIONS CLOSED SESSIONS: On order of the Mayor, the City Council convened
at 6:20 p.m., and then adjourned to consider closed sessions, with all
members present. Action taken on closed sessions was reported at the end
of the meeting.
RECONVENE/PLEDGE On order of Mayor Genser the City Council reconvened at 7:20 p.m., with
all members present. Councilmember Bloom led the assemblage in the
Pledge of Allegiance.
On order of the Mayor, the City Council recessed at 7:22 p.m., to the
following joint meeting.
SPECIAL JOINT 4-A: CC/HA/P AIRA-l: Recommendation to adopt Fiscal Year 1999-
MEETING WITH. THE 2000 and Fiscal Year 2000-2001 budget changes and adopt Resolution
HOUSING AUTHORITY. No. 9583 (CCS) entitled: "A RESOLUTION OF THE CITY OF
PARKING AUTHORITY SANTA MONICA ESTABLISHING VARIOUS NEW CLASSIFI-
AND REDEVELOPMENT CATIONS AND ADOPTING VARIOUS NEW SALARY RATES,"
AGENCY: was presented.
October 10, 2000
1372
Member of the public Joey Fullmer expressed various concerns.
Motion by Mayor Genser. seconded by Mayor Pro Tern O'Connor. to
approve the Fiscal Year 1999-2000 and Fiscal Year 2000-2001 budget
changes and adopt the resolution, 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 and Mayor Genser
None
None
NOES:
ABSENT:
On order of the Mayor, the joint meeting adjourned at 7:34 p.m., and the
City Council reconvened thereafter to the following joint meeting, with all
Councilmembers present.
JOINT MEETING OF THE4-B: CC/RA-1: Recommendation to adopt Resolution No. 469 (RAS)
CITY COUNCIL AND entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY
THE REDEVELOPMENT OF THE CITY OF SANTA MONICA DESIGNATING THE
AGENCY REDEVELOPMENT AGENCY'S AUTHORIZED REPRESENTA-
TIVES DEALING WITH THE CALIFORNIA OFFICE OF
EMERGENCY SERVICES AND THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA)," was presented.
Member of the public Quincy (Brian Hutchings) expressed various concerns.
Motion by Agency Member Feinstein. seconded by Agency Member
McKeown. to adopt the resolution, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES
Agency Members Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Chair Pro Tern O'Connor and Chair Genser
None
None
NOES:
ABSENT:
On order of the Mayor, the joint meeting was adjourned at 7:40 p.m., and
the City Council reconvened to its regular meeting with all Councilmembers
present.
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October 10, 2000
1373
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 of the public spoke to the Consent Calendar: Joey
Fullmer expressed various concerns; Chuck Allord addressed item 6-D,
Jerry Rubin addressed item 6-J.
At the request ofCouncilmember Rosenstein, Item 6-L was removed from
the consent calendar. At the request ofCouncilmember McKeown,
Item 6-C was removed from the consent calendar.
The Mayor advised that Item 6-E was withdrawn at the request of staff.
Motion by Councilmember Feinstein. seconded bv Councilmember
McKeown. to approve all items, on the Consent Calendar as presented,
reading resolutions and ordinance by title only and waiving further reading
thereof, with the exception ofltems 6-C, 6-E, and 6-L. The motion was
approved by the following vote:
AYES
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor and Mayor Genser
None
None
NOES:
ABSENT:
APPROVAL OF MINUTES6-A: The minutes of May 23,2000, City Council meeting, were approved
as submitted.
EARTHQUAKE
RECOVERY
RESOLUTION
6-B: Earthquake Recovery Resolution - Resolution No. 9584 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE CONTINUING EXISTENCE OF A LOCAL
EMERGENCY (January 1994 Earthquake Damage)", was adopted.
ANALYSIS OF TRANSIT
SERVICE
6-D: Approval of Contract for analysis of transit service - The City
Council authorized the City Manager to negotiate and execute Contract No.
7815 (CCS) with First Transit, Inc., in the amount of $170,000, to
undertake a line-by-line analysis oftransit service, a five year plan for a
service improvement program, and a fare restructuring evaluation.
PROPOSITION 35
6-E: Recommendation to adopt resolution in support of Proposition 35
- the Fair Competition and Taxpayer Savings Act, was withdrawn at the
request of staff.
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October 10, 2000
1374
MTBE-RELATED COSTS 6-F: Recommendation to authorize the City Manager to accept .'
reimbursements from the State for MTBE-related costs, and execute
contracts for well field technical oversight - recommendation to authorize
the City Manager to negotiate and execute professional services Contract
No. 7816 (CCS)(Komex) with KOMEX H20 Science, Inc., in the amount of
$1,417,205, for Charnock well field technical oversight, and Contract No.
7817 (CCS)(H20R2) with H20R2 Consultants, in the amount of$196,600, for
Arcadia well field technical oversight, related to MTBE investigation,
assessment, and remediation; and authorize the City Manager to accept
State funding for reimbursement ofMTBE-related costs, was approved.
FINAL MERITORIOUS
SIGN LIST
URBAN RUNOFF
RECYCLING FACILITY
SUSTAINABLE
BUILDING GRANT
FUNDING
GREEN TEAM
PROGRAM
6-G: Certificate of Statement of Official Action for Appeals of the
Final Meritorious Sign List, was approved.
6-H: Contract amendments for Black & Veatch, Inc., and for Harris
and Company for construction management services and Public
Outreach Services relating to the Santa Monica Urban Runoff
Recycling Facility - recommendation to authorize the City Manager to
negotiate and execute contracts with Black & Veatch, Inc., in the amount of
$140,000, for additional construction management services,; and with Harris
& Company, in the amount of$25,000, for additional community outreach
services relating to the Santa Monica Urban Runoff Recycling Facility, was
approved.
6-1: Recommendation to adopt a resolution authorizing the submittal
of an application for Sustainable Building Grant Funding - Resolution
No. 9585 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA AUTHORIZING THE SUBMITTAL OF AN APPLICATION
FOR SUSTAINABLE BUILDING GRANT FUNDING", was adopted and
the City Manager or her designee was authorized to execute necessary
applications, contracts, payment requests, agreements, and amendments
related to the grant.
6-J: Approval of Contract to provide fiscal management for Green
Team Program, an environmental outreach program to increase
participation in the Sustainable Cities Program - recommendation to
authorize the City Manager to negotiate and execute Contract No. 7818
(CCS) with Global Green USA, in the amount of$102,600, to provide fiscal
management of the Santa Monica Green Team Program, was approved.
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BIG BLUE BUS
834-838 16TH STREET
SETTING OF PUBLIC
HEARING
6-K: Approval of Contract to provide customer service training for
employees of the Big Blue Bus - recommendation to authorize the City
Manager to negotiate and execute Contract No. 7819 (CCS) with Insight
Strategies Inc., in the amount of$120,000, to provide customer service
training for employees of Santa Monica's Big Blue Bus, was approved.
6-C: Certification of Statement of Official Action for ten-unit
condominium project at 834-838 16th Street - Approve Statement of
Official Action for Appeal 00-075 of the Planning Commission Denial of
Conditional Use Permit 98-047 and Vesting Tentative Tract Map 52649 to
allow the construction of a ten-unit condominium project with twenty-two
subterranean parking spaces located at 834-838 16th Street was presented.
Councilmember McKeown requested that the vote on the Statement of
Official Action be corrected to indicate his vote as "recused."
Motion by Councilmember Feinstein. seconded by Mayor Genser. to
approve the recommendation, as amended by Councilmember McKeown.
The motion was unanimously approved by voice vote, with Councilmember
McKeown recusing himself from voting, and all other members present.
6-L: Resolution setting a public hearing on November 28, 2000 for
confirmation of assessment costs for installation of streetlights on
various City streets - recommendation to adopt Resolution No. 85 96
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
SETTING A PUBLIC HEARING ON NOVEMBER 28, 2000 FOR THE
CONFIRMATION OF ASSESSMENT COSTS FOR THE
INSTALLATION OF STREETLIGHTS ON VARIOUS CITY STREETS,"
was presented.
Councilmember Rosenstein presented questions and asked for additional
information on the project. Staff provided the information requested..
Motion by Councilmember Rosenstein. seconded by Mayor Genser. to adopt
the resolution, 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 and Mayor Genser
None
None
NOES:
ABSENT:
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1376
ADMINISTRATIVE
PROCEEDINGS:
814 BROADWAY -
SUGAR CLUB APPEAL
RECESS
ORDINANCES:
PERS CONTRACT
AMENDMENT
7-A: Appeals 00-070 and 00-072 of Planning Commission approval of r
Conditional Use Permit for Club Sugar, 814 Broadway -
recommendation to deny Appeals 00-070 and 00-072 and uphold the
Planning Commission's approval of Conditional Use Permit 99-045 for the
issuance ofa Type 48 (on-sale general public premises) alcohol license for
an ~xisting legal non-conforming nightclub establishment with a Type 42
(on-sale beer and wine public premises) alcohol license located at 814
Broadway. Applicant: Suite Events, LLC, Club Sugar. Appellants: Kelly
Olsen (00-070) and Suite Events (00-072). Property Owner: Kayvan Nairni,
was presented.
Appellant Kelly Olsen spoke in support of the appeal. Jonathan Horn,
representing applicant, spoke in opposition to the appeal.
The following members of the public addressed various aspects of the
project: Joey Fullmer, Chuck Allord, Martine Brousse, Ron Shotola, Lisa
Friedman, Paul Messick, Steve Kraves and Jerry Rubin.
On order of the Mayor, the City Council recessed at 9:30 p.m., and
reconvened at 9:42 p.m., with all members present.
Motion by Mayor Genser. seconded by Councilmember McKeown. to
uphold Appeal 00-070 to deny the project, and direct staff to return with
appropriate findings to support denial. The motion was approved by the
following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT
8-A: Second reading and adoption Ordinance No. 1988 (CCS) entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA
AUTHORIZING AN AMENDMENT BETWEEN PERS AND THE
CITY," was presented.
Motion by Councilmember Feinstein. seconded by Councilmember Bloom,
to adopt the ordinance, reading by title only, and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tern O'Connor, Mayor Genser
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October 10, 2000
1377
RESOLUTIONS:
COUNCILMEMBER
ITEMS:
LAX EXPANSION
LANDMARKS
COMMISSION
12-A: Recommendation No. 9587 (CCS) entitled: "A RESOLUTION
OF THE CITY OF SANTA MONICA EXPANDING
PREFERENTIAL PARKING WNE W TO INCLUDE 28TH STREET
BETWEEN PEARL STREET AND OCEAN PARK BOULEV ARD
AND TO INCLUDE PEARL STREET BETWEEN 27TH STREET
AND 29TH STREET, AND AMENDING CITY COUNCIL
RESOLUTION 9344(CCS), was presented.
Members of the public Mitchell Block and Dorothy McGregor spoke in
support of the reconnnendation.
Motion by Councilmember Bloom. seconded by Mayor 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:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT:
14-A: Request ofCouncilmember McKeown that in recognition of
overwhelming potential impacts on our community the City of Santa
Monica request a 180-day public comment period on the draft
Environmental Impact Report and Environmental Impact Statement
for the proposed expansion of Los Angeles Airport, was presented.
Members of the public Jerry Rubin, Cathy Larson, and Quincy, spoke in
support of the request.
Motion bv Councilmember McKeown.. seconded bv Councilmember
Feinstem, to approve the request. The motion was unanimously approved
by voice vote, with all members present.
14-B: Appointment to one unscheduled vacancy on the Landmarks
Commission for a term ending June 30, 2002.
On order ofthe Mayor, the floor was opened for nominations.
Mayor Pro Tern O'Connor nominated Robert Posek. Councilmember
Holbrook nominated Diane Ghirardo. There being no other nominations,
Mr. Posek was appointed by the following vote:
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October 10, 2000
1378
Robert Posek:
CounciImernbers Bloom, Feinstein, McKeown,
Mayor Pro Tern O'Connor, Mayor Genser
CounciImernber Holbrook.
CounciImernber Rosenstein
Diane Ghirardo:
Abstain:
PIER RESTORATION
CORPORATION
14-C: Appointments to two full terms on the Pier Restoration
Corporation for terms ending November 10, 2003.
On order of the Mayor, this matter was continued to October 24,2000.
PUBLIC INPUT:
The following members of the public spoke on various issues: Mark
Rosenberg spoke regarding construction violations at Chess Park; Art
Casillas spoke regarding crime in Pico Neighborhood; Ken Ward spoke
regarding the City's permit process relative to his mobile home; Quincy
expressed various concerns; Chuck Allord regarding the City's homeless
policy.
CLOSED SESSIONS:
On order of the Mayor, the City Council rec~ssed at 11 :20 p.m., and
reconvened at 1 :00 a.In. to report on the following closed sessions
Councilmembers Rosenstein,
Holbrook, and Mayor Pro 16-A:
Tem 0 'Connor, were excused
at 11: 30 p.m.
Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Administrative Team Association
Public Attorney's Legal Support Staff
Union
Management Team Associates
Municipal Employees Association
Public Attorneys Union
Santa Monica Firefighters Local 1109
Supervisors Team Associates
United Transportation Union
ACTION
Heard. No reportable action taken.
16-B: Conference with Legal Counsel- Existing Litigation: Ray Hart
v. City of Santa Monica, Case No. SC 058 435.
Motion by CounciImember Feinstein. seconded by CounciImember
McKeown, to approve a settlement in the amount of$45,000. The motion
was approved by the following vote:
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October 10. 2000
1379
ADJOURNMENT:
AYES:
Councilmembers Bloo~ Feinstein, McKeown,
Mayor Genser
None
Councilmembers Rosenstein, Holbrook,
Mayor Pro Tern O'Connor
Heard. Settlement approved in the amount of$45,000.00.
NOES:
ABSENT:
ACTION:
Conference with Legal Counsel - Existing Litigation: Alice Cole.
et al.. v. Citv of Santa Monica, Case No. SC 055183.
ACTION:
Heard. No reportable action taken.
16-D: Conference with Legal Counsel- Existing Litigation:
Foodmaker. Inc.. v. Citv of Santa Monica, Case No. SS 007 078.
ACTION
Heard. No reportable action taken.
Conference with Legal Counsel - Existing Litigation: J)llvitl
Levv. et al.. v. City of Santa Monica, Case No. SC 063 147.
ACTION:
Heard. No reportable action taken.
16-F: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: One.
ACTION:
Heard. No reportable action taken
On the order of the Mayor, the City Council adjourned at 1:05 a.m., to
October 24, 2000, in memory ofIrene Cowhig.
ATTEST:
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Beth Sanchez . JI
Assistant City Clerk
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October 10. 2000