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M-5/2/2000 I I I 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 2 May 2, 2000 I I I I 1225 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. 3 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 I 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 4 May 2. 2000 I 1227 I 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. I 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. I 5 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 I 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 6 May 2, 2000 I I I I 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 7 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 8 May 2, 2000 I I I I I 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 9 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. I 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 10 May 2. 2000 I 1233 I 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 I 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 I 11 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 12 May 2, 2000 I I