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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 23, 1999
A regular meetmg of the Santa Momca CIty Council was called to order by Mayor O'Connor at
616 pm., on Tuesday, November 23, 1999, at CIty Council Chambers, 1685 Main Street
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tem Ken Genser
Counctlmember Richard Bloom
Counctlmember MIChael Femstem
Counctlmember Robert 1. Holbrook
Councilmember Kevm McKeown
Councilmember Paul Rosenstem
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutne
City Clerk Maria M Ste"iart
CLOSED SESSIONS
CLOSED SESSIONS: On order of the Mayor. the City Council convened
at 6:16 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 7'15 p.m., with all
members present. City Manager Susan McCarthy led the assemblage m the
Pledge of AlleglllIlce
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion
Members of the public Joy Fullmer and Pro Se addressed various Items on
the agenda.
At the request of Mayor Pro Tem Genser. Item 6-C was removed from the
Consent Calendar
Motton by Counctlmember Femstein, seconded by Counclhnember
McKeov.n, to approve all items on the Consent Calendar except Item 6-C,
as presented, reading resolutiOns and ordinances by title only and Waiving
further reading thereof. The motIOn was approved by the following vote.
November 23, 1999
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MINUTES
EARTHQUAKE
RECOVERY
BA YSA VER RETROFIT
PROGRAM
INTERIOR PAINTING -
CITY HALL
CARPET AND FLOOR
FINISHES - CITY HALL
PARK PLAYGROUNDS
RENOVATE OFFICE
SPACE IN PARKS
Ayes:
CouncIlmembers Holbrook, Rosenstein. McKeown.
Feinstein, Bloom, Mayor Pro Tern Genser,
Mayor O'Connor
None
None
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Noes'
Absent
6-A: The minutes of the September 14, 1999. CIty Council meeting were
approved
6-B: Earthquake Recovery Resolution - ResolutIon No 9457 (CCS)
entitled' "A RESOLUTION OF THE CITY OF SANTA MONICA
DECL<\RING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY:' was adopted.
6-D' Recommendation to Extend the Baysaver Retrofit Program -
recommendatIOn to extend the Baysaver Retrofit Program and to authorIZe
the CIty Manager to negotiate and execute Contract No 7642 (CCS) with
Honeywell DMC, in the amount of $48,000. for serVices related to the
Baysaver Program, was approved.
6-E' Award of contract for interior painting of City Hall-
recommendation to award Contract No 7643 (CCS) to Alamo Pamtmg. ill I
the amount of $55,280, for interior pamting of City Hall, was approved
6-F: Award of contract for carpet and floor finishes at City Hall -
recommendation to award Contract No 7644 (CCS) to Carpet Manor, Inc.
m the amount of$128,687, for carpet and floor finishes at City Hall. was
approved
6-G: Award of construction contract for three playgrounds at Clover,
Marine, and Ozone Parks - recommendation to award Contract No. 7645
(CCS) to Puna Corporation, ill the amount of $622.450, for construction of
three playgrounds at Clover, Marine, and Ozone Parks; and,
recorrnnendatIon to authonze the CIty Manager to negotIate and execute
construction management servIces Contract No 7646 (CCS) ''lIth Black and
Veatch. in an amount not to exceed $100,000, were approved.
6-R Award of designfbuild contract to renovate space for a new youth
office and construct an addition to Joslyn Hall at Christine Reed Park -
recorrnnendation to award a designlbuild Contract No 7647 (CCS) to
Maher Development Inc., in the amount of $370,000, to renovate space for
a new youth office and construct an addItIon to Joslyn Hall at Christme Reed
Park, was approved.
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November 23, 1999
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MILLENNIUM
CELEBRATION
BUS STOP BENCH
COMPONENTS
FINAL MAP - 12382200
TRACT MAP ~ 702 HILL
STREET
PUBLIC SAFETY
FACILITY
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6-1: Contract amendment for supplemental funding for the City's
Millennium Celebration - recorrnnendation to authonze the CIty Manager
to negotiate and execute an amendment to Contract No 6822(CCS) wlth
Commuruty Arts Resources, ill the amount of $56,000, for increased
services for the City's Millenmum Celebration, and to approve the budget
changes proposed in the report, was approved
6-J Sole source purchase order with Seating Components Mfg. for
Original EqUIpment Manufactured Bus Stop Bench Components and
repair services - recommendation to waive the competItIve biddmg
requirement and authonze the Purchasmg Agent to negotmte and execute a
sole source purchase order with Seating Components Mfg., at specified unit
pnces. for Ongmal EqUIpment Manufactured Bus Stop Bench Components
and repror services was approved
6-K Resolution No. 9458 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL MAP NO. 25090
FOR A 4-UNIT CONDOMINIUM PROJECT AT 12382200 STREET,"
was adopted
6-L Resolution No. 9459 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP No.
25354 FOR A 3-UNIT CONDOMINIUM PROJECT AT 702 HILL
STREET, was adopted
6-M Negotiation of purchase prices for selected equipment and
materials to be used in construction of the Public Safety Facility using
green building materials - recorrnnendation to waive competItIve biddll1g
and authonze the City Manager to negotIate purchase prices for selected
equipment and materials to be used 111 constructIon of the Pubhc Safety
FaCIhty as part of an Industry Partnermg Program for procurement of green
(environmentally preferable) bUlldmg materials, was approved
POLICE DEPARTMENT 6-N Recommendation to donate a Police Department horse to the
HORSE Inner-City Slickers. a program sponsored by the Awareness Foundation.
was approved.
GREEN TEAM
PROGRAM
6-C: Recommendation to continue Santa Monica Green Team
Program for an additional year - recommendatIon to authorize
contmuation of the Santa Monica Green Team Program for an additional
year 111 partnerslnp with Santa Momca College, was presented
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ADMIN. PROCEEDING
PERMIT 98-051
ORDINANCE -
AUTOMOBILE REPAIR
FACILITIES
Mayor Pro Tern Genser complimented the program and suggested the
publication contam the City's graphic Identity prior to publication. I
Motion by Mayor Pro Tern Genser, seconded by CouncIlmember FelllStein.
to approve staff recommendation
Ayes:
Councilrnembers Bloom. Feinstein, McKeown. Rosenstelll,
Holbrook, Mayor Pro Tern Genser. Mayor O'Connor
None
None
Noes:
Absent:
7-A: Appeal of Planning Commission approval of Conditional Use
Permit 98-051 to allow expansion of an existing automobile dealership
with a new 9,900 square foot, 2-story building ~lth subterranean parkIng.
Applicant RTK AssoCiates, Architects. Appellant: Kelly Olsen.. Planrung
Commissioner Property Owner W L Snnonson, Inc
On order of the Mayor, tlus appeal was contmued to December 7, 1999. at
the request of staff
8-A: Introduction and first reading of" AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
SECTION 9.04.02.030.315 AND SECTION 9.04.14.050 OF ARTICLE I
IX OF THE SANTA MONICA MUNICIPAL CODE TO MODIFY
THE ZONING ORDINANCE FLOOR AREA RATIO DEFINITION
RELATING TO THE ENCLOSURE OF EXISTING OUTDOOR
HOISTS, TO AMEND THE SPECIAL CONDITIONS FOR
AUTOMOBILE REPAIR FACILITIES RELATING TO
ALLOWABLE OUTDOOR WORK ACTIVITIES, LANDSCAPING
AND OUTDOOR HOIST ENCLOSURES, TO ADD PROVISIONS
RELATED TO THE STORAGE OF RE-USABLE AUTOMOBILE
PARTS, THE ROAD TESTING OF VEHICLES AND VEHICLES
AWAITING REPAIR, AND TO REQUIRE EXISTING
AUTOMOBILE REPAIR FACILITIES TO COMPLY WITH
SPECIAL CONDITIONS RELATED TO LIGHTING, LITTER,
SOUND AND STORAGE."
Staff presented the ordinance and suggested some language modIficatIon for
clanfication purposes Councihnembers asked questions of staff regardmg
tools. nOIse, hOISt enclosures and hoist locatIOns, emergency repairs. and the
applicability of the ordinance to City auto repair shops and public facilities
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On order of the Mayor, the public heanng was opened The followmg
members of the pubhc spoke in opposition of the ordinance" Chuck Perhter.
Larry Beaufait. Martm Newson, Bunnie Meyer, MIke Gnffitts, Ivlichael
Golthieb, Susan Morgan, Greg Morgan. J KapodlStrIaS, Don RUlZ, William
Braun, Yerevant KludJllII1. James Swoyell, Radcliffe Reid, Nancy Ehrmann,
Howard Okumura, Kimberly Hlfoslnge, Judy Hlfoshige, Kathy Kastfon,
Peter RaJana, Ellen Perhter, Anthony Hudaverdi. Jon Roennau. Gayle
Gustafson, Stewart Resmer, Peter DaVIdson. Fred Poltke, Ben Lunsky,
Steven Frew, Brian Lmdqwst, Gordon Vallely, and Enc Parlee
Members of the public Dan Ehrler and Brooke Meyers spoke m support of
staffs recommendation, but suggested some modifications and changes to
the report.
Members of the public Joy Fullmer and Brian HutchIngs expressed vanous
concerns Members of the pubhc Nicole Picard, F Isom. and RIck LaudatI
spoke m favor of the ordmance.
Motion of Mayor Pro Tern Genser, seconded by Councilmember Femstem,
to hear a late speaker for one minute. The motIon was unarumously
approved, by voice vote, with all members present.
Member of the public VIckI Luckenbach spoke ill support of the ordmance
RECESS
On order of the Mayor, the CouncIl. recessed at 10:30 p m.. and then
reconvened at 10 52 p.m WIth all members present
DIScussion ensued regarding more flexibility, outdoor work. performance
standards. pneumatic tools and pOSSIble exemption of oversIZed vehicles
MotIon by CouncIlmember McKeown.. seconded by COlmcIlmember
FemsteIn. to contmue the meetmg past II :00 p.m The motion was
approved by voice vote, ,vlth CouncIlmember Rosenstem votmg agamst the
motIon.
ConsIderable diSCUSSIon continued regardmg the eXlstmg II-year old law.
ways to deal with the mappropriate parts ofthat law, and keepmg the parts
of the ordmance that will be effectIve in maintaining peace and qUIet and the
quahty oflife in the CIty of Santa Momca wlnle keepmg the CIty'S auto
repalf shops m busll1ess.
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Motion by Mayor Pro Tern Genser, seconded bv CouncIlmember MCKeowl
to introduce and hold first reading of the ordinance, amended to include
modifications by staff.
MotIon amended by Mayor Pro Tern Genser, seconded by CouncIlmember
McKeown, to amend the motion to mclude some exemption for oversIZed
velucles over 8'2" in height for busmesses currently performmg such work
outdoors After some dlSCussion, It was the consensus of Council that staff
would return at a future date with reconnnendatIons on this ISsue. Mayor
Pro Tern Genser withdrew his motIon to amend
Motion of Councihnember Bloom. seconded by CouncIlmember Rosenstern.
to amend the motIon to allow outdoor work actIVItIes Wltlnn 20 feet of an
existing building, in a clearly marked area not to exceed 50% of the outdoor
area, but in no event less than 400 square feet, not within 50 feet of any
residences, not audIble at the nearest reSIdence, and without the use of any
power tools other than those powered by batteries The motIon was
approved by the following vote:
Ayes:
Councihnembers Holbrook, Rosenstern, Feinstein, Bloom.
Mayor O'Connor
Mayor Pro Tern Genser. Councilmember McKeown
None
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Noes:
Absent
Thereafter, Mayor Pro Tern Genser wlthdrew his marn motIon.
MotIon by Councilmember Bloom, seconded by Councilmember Holbrook,
to introduce and hold first readmg of the ordinance, amended as proposed
by staff. as follows' SectIon 9 04 14 050{j) on page 11, third lme to read as
follows: (a) "Notwithstandmg SectIon 9 04.18.030, work activities may be
conducted outdoors, on the premises of automobile repair mcilities lawfully
in existence prior to September 1988, prOVIded the following conditions are
met (1) the work COnsISts of batter v charging and replacement, replacement
of fluids, wiper blades, fuses, and lamps, tire removal and replacement or
diagnostic services which do not involve the removal ofvelucular parts; (2)
the work is performed withing twenty (20) feet of an existmg buIldmg on the
prennses; (3) the work is performed entirely withm a clearly marked area not
to exceed four-hundred (400) square feet, (4) street frontage shall be
screened consistent with Section 9.04.10.04.080; (5) side and rear yard. not
fronting a street, shall be screened consistent with SubsectIOn (f) of this
Section as proVIded" (b) SectIOn 9 04 l4.050(k), tlnrd sentence IS amended
to read as follows' "EXIsting outdoor hOIstS prohibited by subsectIon (j) shall
be ,endered inopemtive, removed, 0' fully oncIo",d in . fo",-OOod boilding I
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with a roll-up or similar type door which IS onented away from adjacent
residentially-zoned properties and uses An ~:.c uutdoor hoist enclosure
shall not exceed 18 feet by 28 feet and shall be constructed and operated .,
Motion by CouncIlmember Bloom to allow work on oversIZed vehicles on
eXISting businesses. Wlth staff to define the term "oversIZed:' for busmess
doing tlus kInd of work on May 11, 1999 Motion accepted as frtendly by
the seconder
Motion ofCouncilmember Bloom to amend the motion so that the outdoor
work requrrements would apply to business conducting work on May 11,
1999 Motion accepted as friendly
Motion to amend by Councihnember Rosenstein, seconded by Mayor
O'Connor, that the new rules will not be enforced untIl the City is m
comphance. After some dISCUSSIon, Mayor O'Connor withdrew her second
Motion by CouncIlmember Bloom to clarifY the defirutlon of "major
collector streets" that are used for test drivmg by changing it to "major non-
residential collector streets" The motion was accepted as friendly
On order of the Mayor, roll call was taken on the main motion. as amended
The motion was approved by the followmg vote.
Ayes.
Counctlmembers Bloom, Femstem, Rosenstein. Holbrook.
Mayor O'Connor
CouncIlmember McKeown, Mayor Pro Tern Genser
None
Noes:
Absent
Counc1lrnember McKeown stated. for the record. that he voted "no'" due to
lus concerns about enforceability
AUTOMATED RED-
LIGHT
9-A: Report on traffic enforcement programs and proposed
Automated Red-Ligbt Traffic and Pedestrian Safety Enforcement
Program - Report on traffic enforcement programs, and recommendation to
approve m concept an automated red-hght enforcement program to
Councllmembers Holbrook complement ongoing traffic and pedestrian safety efforts, and to approve
and Rosenstem were excused budget changes proposed in the report.
atlOOam
On order of the Mayor, this matter was contmued to a future meeting
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RESOLUTION
SAFE NEIGHBORHOOD
PARKS
COUNCILMEMBER
ITEMS
VACANCY
PUBLIC INPUT
CLOSED SESSIONS
12-A: A Resolution No. 9460 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN
SUPPORT OF THE SAFE NEIGHBORHOOD PARKS, CLEAN
WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT
OF 2000 & THE SAFE DRINKING WATER, CLEAN WATER,
WATERSHED PROTECTION AND FLOOD PROTECTION ACT,"
was presented in support of two bond measures on the March, 2000, State
Ballot.
MotIon by CouncIlmember FelDStein, seconded by Councilmember
McKeov.11, to approve staff recommendatlon and adopt the resolutIOn,
reading by tltle only and WaIvmg further readIng thereof The motion was
unanimously approved by voice vote, 'With Councilmembers Holbrook and
Rosenstem absent.
14-A Appointment to one vacancy on the Los Angeles County West
Vector Control District for a term ending December 31,2001.
(Continued from October 12, 1999.)
On order of the Mayor, tlus matter was contInued to December 7. 1999.
14-B: Annual appointments to vacancies on the Pier Restoration I
Corporation: four terms ending November 14, 2001, and four terms
ending November 13, 2002. (Continued from October 26, 1999)
On order of the Mayor. tins matter was continued to December 7, 1999
Member of the public AI Tamsky expressed concerns related to handIcapped
parking. Chuck Allord requested that the new CIty Manager exercise the
right to change staff. Art Casillas expressed concerns relative to the PICO
NeIghborhood. Brian Hutchings expressed various concerns. Frank
Call1lava expressed views regardmg his claim, policing the public and pubhc
safety. Chuck Levy expressed concerns regarding constructlon on PacIfic
Coast HIghway for sewer installation.
16-A Conference with Legal Counsel - Existing Litigation: Palisades
Beach Property Owners Association v. City of Santa Monica, Case No.
BC 220026.
ACTION
Heard No reportable actIon taken.
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ADJOURNMENT:
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16-B' Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007078.
ACTION.
Not heard
16-C' Conference with Legal Counsel- Existing Litigation: California
Metal Work v. Tn-Build Development Corporation and City of Santa
Monica, Case No. BC 182929.
ACTION
Heard. No reportable action taken
16-D' Conference with Legal Counsel- Existing Litigation: Alfonso
Venelitas v. City of Santa Monica, Case No. CV 99 02277 (Cwx).
ACTION'
Not heard
l6-E Conference with Legal Counsel- Existing Litigation: Michael
Davies et al., v. City of Santa Monica. Case No. 98 C00152.
ACTION
Not heard
l6-F Conference with Legal Counsel- Existing Litigation: Robin
Dieblerv. City of Santa Monica, Case No. SC 053902.
ACTION:
Not heard
l6-G: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Seven.
ACTION
Heard two cases. No reportable achon taken
On order of the Mayor, the City CouncIl meeting was adjOurned at 1:45 a.m
to December 7, 1999, in memory of Mary Shier, Frances Cohen and
Abraham Rubin
ATTEST
APPROVED:
~~r
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..~l~, k>......, , ., __~~ u f. .S
Maria M. Stewart
City Clerk
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November 23,1999