M-5/2/2000
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1223
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 2, 2000
A regular adjourned meetmg of the Santa Monica City Council was called to order by Mayor
Genser at 6.20 p.m" on Tuesday, May 2.2000. at City Council Chambers. 1685 Main Street.
Roll CalI-
Present:
Mayor Ken Genser
Mayor Pro Tern Pam O'Connor
Councilmember Richard Bloom
Councilmember MIChael Feinstem
Councilmember Robert T Holbrook
Councilmember Kevin McKeov.'l1
Councilmember Paul Rosenstem
Also Present City Manager Susan McCarthy
City Attorney Marsha Jones Moutne
City Clerk Marla M. Stewart
CLOSED SESSIO~S
CLOSED SESSIONS On order of the Mayor. the City Council convened
at 6'20 pm. received public input from members of the publIc Chuck
Allord. Jon Burns. Steve CorreIa. Algerine Correia, Frederick Nason. Jr,
and Michael Nichols in opposition to Item 16-B, and then adjourned to
consider closed seSSlOns Action taken on closed sessions was reported at
the end ofthe meetmg
RECONVENEIPLEDGE On order of the Mayor. the City CouncIl reconvened at 7:23 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 m one motion unless removed from the calendar for diSCUSSion
Member ofthe publIc Joey Fullmer expressed vanous concerns The
followmg members of the public spoke in OpposltlOn to Item 6-1: Fredenck
Nason, Jr. Michael Nichols. Steve CorreIa. Ron Shotola, Chuck Allord.
Ron Michael. and Algerine Correw.
At the request ofCouncIlmember Rosenstem. Item 6-1 was removed from
the Consent Calendar. At the request ofCouncilmember McKeown. Items
6-E and 6-F were removed from the Consent Calendar.
May 2, 2000
1224
~otion bv Councilmember Femstem, seconded by Mayor Pro Tern I
O'Connor. to approve all items on the Consent Calendar as presented,
except Items 6-E, 6-F and 6-1. readmg resolutions and ordmances by title
only and walVlng further reading thereof The motion was approved by the
following vote
AYES:
Councllmembers Bloom, Feinstein, McKeown. Rosenstem,
Holbrook. Mayor Pro Tern O'Connor. Mayor Genser
None
None
KOES
ABSENT.
APPROVAL OF MINUTES6-A: The minutes of February 22.2000. City CouncIl meeting. were
approved as subnntted
EARTHQUAKE
RECOVERY
RESOLUTION
6-B Earthquake Recovery Resolution - Resolution No. 9510 (CCS)
entitled "A RESOLUTION OF THE CITY OF SAt'l'TA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY:' was adopted
EIR -3030 OL YMPIC/3131 6-C- Environmental Impact Report for studio expansion project at
EXPOSITION PROJECT 3030 Olympic Boulevard/3131 Exposition Boulevard - recommendation
to authonze the City M. anager t. 0 negotiate and execute Contract No 77081
(CCS) ""lth Rincon Consultants. Inc., in the amount of$116,500. to prepar
an EIR for Contract No 7729(CCS) Lantana Entertainment Production
StudiO Expansion project at 3030 OlympiC Boulevard and 3131 Exposition
Boulevard. Project apphcant \vill relll1burse the City for costs of the
contract. was approved
MICROSOFT SOFTW ARE6-D Purchase of Microsoft Office Software under the City's computer
PURCHASE equipment replacement program - recommendation to authorize the City
Manager to negotiate and execute Contract No. 7709 (CCS) with ASAP
Software, m the amount of$187,000. for a three-year purchase. mstal1atIOn,
and maintenance contract, was approved
PLAYGROUND - LOS
AMIGOS PARK
6-G Construction and installation of playground at Los Amigos Park -
recommendation to authonze the City Manager to negotiate and execute
Contract No 7713 (CCS) with ABC Lawn Spnnkler Co, Inc., m the
amount of$146,325, to construct and install a playground at Los Amigos
Park: and Contract No 77414 (CeS) ""lth DMR Team, m the amount of
$15.122. to provide construction management servIces for the project, was
approved
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May 2, 2000
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ACCEPTANCE AND USE 6-H: Recommendation to accept U.S. Department of Justice COPS
OF GRANT FUNDS 2000 Technology Grant funds and designation of proposed use offunds
by the Police Department. was approved.
SEWER REPAIR
PROJECT
REL~QUlSHMENT OF
PORTION OF LINCOLN
BOULEVARD
6-E Construction and management services contracts for Sewer
Repair Project - recommendatIOn to authorIZe the City Manager to
negotiate and execute Contract No. 7710 (CCS) with Preussag Pipe
Rehabilitation. in the amount of$1,345.291, for repaIr of earthquake-
damaged se\\>er mains at various locations, and Contract No 7711 (CCS)
wIth Harris & AssocIates, in the amount of$228,320. to proVIde
constructIon management and mspectIon services, was presented.
Staff replied to questIons from Councihnember McKeo'i\'ll regardmg the
type of repair and the effects on the reSidents Counc1lmember McKeown
commended staff on the "trenchless repair" work proposed for the prOject
MotIon bv Counc1lmember Rosenstem, seconded by Counc1lmember
McKeown, to approve staff recommendation MotIon approved by the
followmg vote:
AYES:
Counc1lmembers Holbrook, Rosenstem, McKeo'i\'ll.
Femstem. Bloom, Mayor Pro Tern O'COImor, Mayor Genser
None
None
NOES
ABSENT
6-F Relinquishment Study ofa portion of Lincoln Boulevard from
Caltrans - recommendatIon to authonze the City Manager to negotiate and
execute Contract No 7712 (CCS) wIth Willdan and ASSOCiates. m the
amount of $94.000. to prepare a study to determme the sum of money the
City will accept m exchange for assunung o'i\'llerslup of portIons of Lincoln
Boulevard from Caltrans, was presented.
COWlc1lmember McKeo\\>n advised he pulled this item because he wanted to
emphasIZe its nnportance to the City and its reSidents
Motion by COWlcI1member McKeown, seconded by Councilmember
Feinstein. to approve staff recorrnnendation MotIon approved by the
following vote
AYES
Councilmembers Bloom. Femstem, McKeown, Rosenstem.
Holbrook, Mayor Pro T em O'Connor, Mayor Genser
None
None
NOES
ABSENT.
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May 2, 2000
1226
1600 LINCOLN/700-720
COLORADO - EIR
ADMINISTRATIVE
PROCEEDINGS:
APPEAL - 3020 SANTA
MONICA BOULEVARD
6-1: Recommendation to award contract for environmental assessment I
at 1600 Lincoln Boulevard and 700-720 Colorado Avenue -
recommendatiOn to authorize staff to negotiate and execute necessary
documents to award Contract No. 7715 (CCS) to Komex H20 SCience,
Inc. m the amount of $74.564. for an envIronmental assessment for
properties located at 1600 Lmcoln Boulevard and 700-720 Colorado
Avenue, collectively known as "the Bekms properties," was presented
Counctlmember Rosenstein advised he moved this matter from the Consent
Calendar to clarIfY some comments made by members of the public At the
request of Councilmember Rosenstein, staff presented a report on this
matter.
Motion by COWlcilmember Rosenstein, seconded by Counctlmember
Femstem, to approve staffrecommendatton. Motion approved by the
followmg vote
AYES:
Councilmembers Bloom. Femstein. McKeown. Rosenstein.
Holbrook, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES
ABSENT:
END OF CONSENT CALENDAR
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7-A Appeal of Planning Commission approval of Conditional Use
Permit 99-032 to allow an addition to an existing automobile dealership
and repair facility at 3020 Santa Monica Boulevard. Applicant: Herb
Katz, RTK Architects. Appellant: Ed Simonian. Property Owner:
Judith A. Richards Company Trust, et aI., was presented
Staff recommended the following amendments to the conditIons of approval
for the proposed project (a) On page 14, condition No.5. change language
to provide for a total of 69 parking spaces for employees and customers, and
a total/maximum of 15 parking spaces for outdoor velucle dIsplay (b) Add
two conditions of approval on page 22, as follows CondItion 55' Prior to
ARB submIttal., the applicant shall re'v1Se plans to show the reqwred
handicapped parking spaces are covered in a manner to be approved by the
BUIlding Official Condition 56: Prior to Issuance of a buildmg pennit, the
applicant shall revise plans to expand the subterranean parking structure in
order to prOVide a total of 69 on-site parking spaces. The reVised plans are
subject to the review and approval of the Director ofPlarmmg and
Community Development
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May 2. 2000
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On order of the Mayor, the hearmg was opened for public comment
Ed Simoman, Appellant, spoke m support of the appeal Herb Katz,
representing the Apphcant, spoke m OpposItIon of the appeal.
The followmg members of the pubhc spoke m support of the appeal and
agamst the project Ana OrtIZ. Adrianne Sunoman, DaVId Levmson,
Angelique Gettke, King. Damel Cohen, Amy Shmshon-Santo, Sylvia Shniad,
and Kelly Olsen
The followmg members ofthe pubhc spoke m OppOSItIon of the appeal and
in support of the project Donna Block, Linda Lancaster. John Shearer,
Mana Rodriguez. Darrell Clarke Peter Benavidez. Ed Sunonian. ApplIcant,
and Herb Katz, representing Appellant, provided rebuttal statements to the
publIc input.
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Motion bv Mayor Genser, seconded by Councilmember Bloom, to deny the
appeal. approve the project, amended to elimmate the gate on the alley. With
pemussible access for trash receptacles. to include the amendments
recommended by staff as to CondltlOn No 5 and the number of parkIng
spaces, and adding ConditIons 55 and 56. In addItIon that in CondItion No.
9, add language as follows " . no velucles to be repaired or which have
been repaired. . :. and clarIfY that Condition 8, relative to an area for the
loadmg and unloading of vehicles bemg reqUITed for the operation of the
faCIlIty.
MotIon to amend by CouncIlmember Rosenstelll, to add that sound buffering
be installed inside or outside, as appropriate. to mmnruze nOIse generated by
the service facility. The motIon was accepted as fhendly
MotIon by Councilmember Rosenstein. seconded by Mayor Pro Tern
O'Connor. to allow the gate m the alley. as approved by the Planning
Conunission, with the conditions reqwred by the Plannmg COmmIssion. The
motion to amend faIled by the following vote
AYES'
CouncIlmembers Rosenstein, Holbrook.
Mayor Pro Tern O'Connor
Councilmembers Bloom, Feinstem. McKeo\\-'ll.
Mayor Genser
None
NOES-
ABSENT.
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May 2, 2000
1228
The mam motion, as amended, was approved by the follo~mg vote
AYES:
CouncIhnembers McKeown. Feinstem. Bloom.
Mayor Genser
CouncIhnembers Holbrook. Rosenstein..
Mayor Pro Tern O'Connor
None
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NOES
ABSENT
MotIon by Mavor Genser. seconded by Councilmember Bloom. that Council
express Its desire that the Arclutectural Re'v1ew Board consider the highest
wall the most appropriate to protect the neighborhood from sounds
emanatmg from the site. The motion was unarumously approved by vOice
vote, Wlth all members present
RECESS
On order of the Mayor, the City Council recessed at 11.00 p m., and
reconvened at 11.10 p.m , WIth all members present.
ORDINANCES: 8-A: Introduction and adoption of an interim Ordinance No. 1971
DEVELOPMENT (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
STANDARDS & MONICA MODIFYING DEVELOPMENT STANDARDS FOR
DEMOLITION PERMITS PROJECTS DEVELOPED WITIDN THE R2 LOW DENSITY
M1JL TIPLE F AMIL Y RESIDENTIAL, R3 MEDIUM DENSITY I
MULTIPLE FAMILY RESIDENTIAL, AND R4 HIGH DENSITY
MULTIPLE F AMIL Y RESIDENTIAL DISTRICTS, MODIFYING
THE REQUIREMENTS FOR DEMOLITION PERMITS, AND
DECLARING THE PRESENCE OF AN EMERGENCY," was
presented.
On order of the Mayor, the public heanng was opened The followmg
members of the public spoke m support of the ordinance: Lewis Perkms, Bill
Bauer. Bob Seldon, Giles S11llth, PatrIcIa Hoffinan, Darrell Clarke. Kelly
Olsen. and Ellen Brennan. Member of the public, DaVId Cole, expressed
concerns regardmg the ordinance as proposed, and proposed suggestions.
Brian Hutchings expressed various concerns.
MotIon bv Mayor Genser, seconded by CouncIhnember McKeown, to adopt
the ordmance. reading by title only and waIVmg further reading thereof, and
amended to adjust language on heIght on rooftops
MotIon to amend by Councilmember Rosenstcll1, to drrect staff with
projectIOns at budget tune, or other appropnate time, ofreviewmg standards
to encourage the butlding of garden apartments Motion accepted as
friendly
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May 2, 2000
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CouncIlmember Rosenstem
was excused at 12 00 a m
RETALIATION OF
EMPLOYERS AGAINST
EMPLOYEES
Councllmember Rosenstem
returned at ]2 05 a m
1229
On order of the Mayor_ City Councll to continue wIth Item 9-A to allow
staff time to prepare appropnate language for amendment regardmg rooftop
heights.
LATER: On order of the Mayor, the COuncll returned to take actIon on this
matter as follows.
Deputy City Attorney Barry Rosenbaum read the following amendment to
Municipal Code Section 904 10 02.030(B)(3)(a) on page 12 of the
proposed ordInance relative to height of rooftops "The enclosure is used
exclusively for housmg the elevator, mechamcal equipment. or starrs and is
no larger than necessary for that use."
The main motion, as amended_ was approved by the following vote
AYES.
Counctlmembers Bloom, Femstem, McKeovo/TI_
Mayor Pro Tern O'Connor_ Mayor Genser
None
Councllrnembers Holbrook. Rosenstem
~OES
ABSENT
8-B' Introduction and adoption of emergency Ordinance No. 1972
(CCS) entitled: "AN ORDL~At"lCE OF THE CITY OF SANTA
MONICA AMENDING ORDINANCE NUMBER 1970(CCS) TO
SPECIFY THE ORDER OF PROOF IN CIVIL CASES AND TO
STRENGTHEN AVAILABLE REMEDIES IN ACTIONS BROUGHT
AGAINST EMPLOYEES WHO RETALIATE AGAINST
EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES FOR
MINIMUM WAGE AND BENEFIT ADVOCACY," was presented.
On order of the Mayor. the matter was opened for pubhc comment Bnan
Hutchmgs expressed vanous concerns Members ofthe public Enka
Zucker. Lisa Payne, and Bill Bonner spoke in favor of the ordmance and
offered suggestions and changes.
Motion by Mayor Genser, seconded by Mayor Pro Tern O'Connor to adopt
ordinance, reading by title only and waIVmg further reading thereof
Motion to amend by Councdmember Bloom.. to amend page 3 of the
proposed ordmance, Section 3(b) to read "The defendant must prove a
legitimate reason for the terminatIon, demolition or penalty:' The motion
was accepted as fhendly
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May 2. 2000
1230
STAFF ADMIN. ITEMS:
REJECTION OF BIDS -
PUBLIC F ACILITY A.~D
OLYMPIC DRIVE
CONSTRUCTION
Councllmember Holbrook
lW1S excused at 11 55 pm
CONSOLIDATED
RENTAL HOUSING
TRUST FUND GUIDE-
LINES
Alayor Pro Tem 0 'Connor
was excused at 12 35 a m
MotIon to amend bv Councihnember McKeown. to amend the same section I
to read. "The defe~dant must prove a legitimat~ non-retaliatory reason fo
the termination. demolition or penalty" The motion was accepted as
friendly.
The main motIon, as amended was approved by the followlllg vote'
AYES:
Councdmembers Bloom, FemsteIn. McKeown, Rosenstein.
Mayor Pro Tern O'Connor. Mayor Genser
None
Counctlmember Holbrook
NOES
ABSENT.
Council, havmg previously taken action on 9-A, proceeded to Item 9-B
9-A. Rejection of bids for construction of the Public Safety Facility
and Olympic Drive and approval to negotiate on the open market -
recommendatIon to reject all bIds for construction of the Public Safety
Facility and OlympIC DrIve. and to authorize the CIty Manager to negotiate
on the open market for construction contracts for the project, was
presented
There was no one present for public comment on tlns matter
Motion bv Councilmember Rosenstein. seconded bv Counctlmernber
Femstem to approve staff recommendation The motion was approved by
the followmg vote
AYES:
Councdrnembers Rosenstem, McKeown, Feinstem, Bloom,
Mayor Pro Tern O'Connor, Mayor Genser
None
Councilmernber Holbrook
NOES-
ABSENT
On order of the Mayor, Item 8-A to be concluded after tlns actIon
9-8. Approval of amendments to the Consolidated Rental Housing
Trust Fund Guidelines - recommendation to approve amendments to the
GUldehnes to: estabhsh local preference for Santa Monica residents and
workers m tenant selectIon, proVIde for automatIC loan forgIveness m
exchange for a 25-year extension of Regulatory Agreement; grant trust
funds when Redevelopment bond proceeds are used, and. mcrease per umt
and per project maximum loan and grant amounts for
acquisition/rehabilitatIOn projects, was presented
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May 2, 2000
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225 SAN VICENTE
BOULEVARD
WOODLAWN
CEMETERY
WRITTEN
COMMUNICA nONS:
1231
The follov;ing members of the pubhc spoke m support of the
recommendation Ken Femgold, Paul DeSantis, Patricia Hoffman, and Joan
Ling.
Motion bv Councilmember McKeo\\11, seconded by Counclhnember
Femstein. to approve staff recommendation The motion was approved by
the follov;ing vote
AYES.
Councilmembers Bloom. Femstelll, McKeown. Rosenstein.
Mayor Genser
None
CouncIlmember Holbrook. Mayor Pro Tern O'Connor
NOES'
ABSENT
9-C Waiver of Consolidated Rental Housing Trust Fund Guidelines
for affordable housing project at 225 San Vicente Boulevard and
approval of grant funds for the project - recommendatIon that the City
Council approve a one-t1ffie waiver from the Consohdated Rental Housmg
Trust Fund GUidehnes to exceed the per unit and the per prOject loan
amount to Community CorporatIOn of Santa Monica for the acquiSition of
225 San Vicente Boulevard as an affordable housing project, approve a
waiver ofthe Guidelmes to allow grantmg of Redevelopment bond proceeds
to fund affordable housmg proJects.
The Mayor announced that this matter has been withdrawn, at the request of
staff.
9-D Recommendation to adopt a plan for long-term operation and
maintenance ofthe Woodlawn Cemetery
On order of the Mayor. this matter was contmued to June 13,2000
13-A: Request of Brian H. Ouzounian to address Council requesting
reconsideration of action taken on the agenda item regarding a Lease
extension for American Flyers for management and operation of third
fixed based operator facility at Santa Monica Airport, on April 18,
2000.
Mr. Ouzouruan was not present. On order of the Mayor. the nllormatron
was received and filed
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May 2, 2000
1232
COUNCILMEMBER 14-A: Appointment to one unscheduled vacancy on the Airport I
ITEMS: Commission for a full term ending June 30, 2003. (Continued from
AIRPORT COMMISSION March 28. 2000 )
COMMISSION ON
OLDER AMERICANS
RECREA nON AND
PARKS COMMISSION
PUBLIC INPUT:
CLOSED SESSIONS:
On order of the Mayor, this matter was continued to May 23.2000
14-B Appointment to one unscheduled vacancy on the Commission on
Older Americaus for a term ending June 30, 2000. (Continued from
March 28.2000)
On order of the Mayor. this matter was contmued to May 23,2000
14-C' Appointment to one unscheduled vacancy on the Recreation and
Parks Commission for a term ending June 30, 2001.
On order of the Mayor, tins matter was continued to May 23, 2000
Member of the pubhc Pro Se spoke ill support of a Disabilities Commission.
Member of the public Tony Waters requested assIstance m fifI!lll7lng his
development project Chuck Allord expressed concerned regardmg the cost
of obtammg copies of City documents.
16-A: Conference with Legal Counsel- Anticipated Litigation:
~umber of cases: Four.
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Two cases were heard. The followmg action was taken on one case of
potential htigatlon
Motion by Councilmember Rosenstein, seconded by Counctlmember
Feinstein. to approve settlement with Valley Crest m the amount of
$329.000 from the following accounts
COI044800.589000 $
COI065795.589000
C53065688.589000
COI065099589000
Cll064900 589000
Approve appropnatlon from
C53067700.589 000
25,000.00
97,650.50
14,425 00
34.967.00
29.000.00
127,957.50
T otaI $
329,000.00
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May 2. 2000
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The motion was approved by the following vote
AYES'
CouncIlmernbers Rosenstein. McKeo\'in. Feinstem, Bloom.
Mayor Genser
None
Councilmember Holbrook. Mayor Pro Tern O'Connor
NOES:
ABSENT.
16-B: Conference with Real Property Negotiator:
Property: 700 Colorado Avenue, Santa Monica
Negotiating parties: JetTMathieu, Cit), representative. Nason
Warehouse & Partners; Hillgreen Warehouse Properties.
Under negotiation: Option for acquisition of real estate property
ACTION.
Heard No reportable actlon taken
16-C: Conference with Real Property Negotiator:
Property: 718-720 Colorado Avenue, Santa Monica
~egotiating parties: JetTMathieu, City representative. Charles
and Carol Sievers, Trustees of the Charles R. Sievers Trust, and
J. Cleary, Co-Trustee of the J. Cleary Trust. Under negotiation:
Option for acquisition of real estate property
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ACTION
Heard. No reportable action taken.
16-D Conference with Real Property Negotiator:
Property: 1600 Lincoln, Santa Monica
Negotiating parties: Jeff Mathieu, City representative. Charles
and Carol Sievers, Trustees of the Charles R Sievers Trust, and
J. Cleary, Co-Trustee of the J. Cleary Trust. Under negotiation:
Option for acquisition of real estate property.
ACTION:
Heard. No reportable action taken
16-E: Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007078.
ACTION'
Heard. No reportable actIon taken
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May 2. 2000
1234
ADJOURNMENT:
On order of the Mayor. the City Council meeting was adjourned at 1257 I
a m. to May 23,2000, ill memory ofUona Katz, and ill memory of victims
of the Holocaust.
ATTEST--"
~ ~. ~~..~o.J-
Maria M. Stewart \
CIty Clerk
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May 2, 2000
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