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M-11/25/1997 I I I 319 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 25, 1997 A regular meetmg of the Santa Momca City Council was called to order by Mayor Pro T em Holbrook at 635 pm. on Tuesday. November 25, 1997, m the Council Chambers Roll Call Present Absent Also Present PLEDGE CONSENT CALENDAR Mayor Pro Tern Robert T Holbrook CouncIlmember Ruth Ebner Councllmember MIchael Femstem Councllmember Ken Genser Councllmember Asha Greenberg CouncIimember Paul Rosenstein Mayor Pamela O'Connor CIty Manager John JahlI CIty Attorney Marsha Jones Moutne CIty Clerk Mana M Ste\vart CouncIimember Greenberg led the assemblage III the Pledge of Alle- giance to the Flag of the Umted States of Amenca The Consent Calendar was presented, whereby all Items are considered and approved m one motIOn unless removed from the calendar for diSCUSSIOn Member of the publIc Ken Kutcher commented on the Edgemar Project Item on the Consent Calendar At the request of Councllmember Genser the Items relatIve to purchasmg of modular office umts and the Edgemar Project were removed from the Consent Calendar MotIOn by CouncIlmember Genser. seconded by CouncIlmember FeIllstem, to approve the remamder of the Consent Calendar, readmg resolutIOns and ordmances by title only and walvmg further readmg thereof The motIOn was approved by the followmg vote November 25, 1997 MI1\'UTES LOCAL EMERGENCY ORDINANCE - ARBORETUM PROJECT 320 Ayes Councllmembers Ebner, Rosenstem. Greenberg. Genser, Felllstem, Mayor Pro Tern Holbrook None Mayor O'Connor I Noes Absent APPROVAL OF MINUTES The City Councli mmutes of the meetlng of October 28. 1997. were approved as submItted CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994 EARTHQUAKE DAMAGE) Resolution No 9216(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," \vas adopted ORDINANCE FOR ARBORETUM DEVELOPMENT AGREEMENT Ordmance No 1891(CCS) entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING TIIE DEVELOPMENT AGREEMENT AMENDrvIENT BETWEEN THE CITY OF SANTA MONICA AND TRANSACTIO!\" FINANCIAL CORPORATION, A CALIFORNIA CORPORATION, THREE COAST LIMITED PARTNERSHIP, A I DELA'VARE LIMITED PARTNERSlUP, STEVEN H S\V1RE, FREDERICK A FUCHS, AND BARBARA M FUCHS;' was adopted CO:\1PUTER SERVER SANTAc'\13000 COMPUTER SERVER ANl'tHJAL SUPPORT AGREEMENT AGREEMENT The purchase order for the Santam 3000 Computer Server Annual Support Agreement \Vlth the Hewlett Packard Company was approved m an amount not to exceed S36,014 08 HISTORICAL PROPERTY CONTRACT RE HISTORICAL PROPERTY PRESERVATION ResolutIOn No 92 I 7(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL PROPERTY CONTRACT IN ACCORDANCE \\'lTH GOVERNMENT CODE SECTION 50280 WITH THE O\VNER OF PROPERTY LOCATED AT 130 ADELAIDE DRIVE:' was adopted RL'NOFF TREATMENT SYSTEM CONTRACT FOR STORM. RUNOFF TREATMENT SYSTEM Contract No 6860(CCS) was approved With Horsley and Witten, Ine , for an anlount not to exceed $63,750, competitive bidding requirements \vere waived. and $63,750 III PropoSltlon A grant funds I 2 November 25,1997 I I I MODuLAR OFFICE lJNITS EDGEMAR PROJECT ADMINISTRATIVE PROCEEDINGS: APPEAL-ARBORETUM PROJECT 321 was accepted for the purchase. mstallatlOn, and project management for a Storm Runoff Treatment System MODULAR OFFICE {;~TS PURCHASE Councllmember Genser had questIOns regardmg the pnce. the necessIty and the long-term usage of the proposed Uillts Staff answered Councllmember Genser's questlOns MotIon by Councllmember Rosenstem. seconded by CouncIlmember Ebner, to aw'ard a purchase order to WIlliams Scotsman Inc for the purchase oftv..-o (2) modular office umts III the total amount of 5105271. IncludIng applicable sales tax The motIOn "vas approved by the follov.1Ug vote Ayes CouncIlmembers FeInsteIn. Genser. Greenberg, RosensteIn, Ebner, Mayor Pro Tern Holbrook None Mayor O'Connor Noes Absent EDGEMAR PROJECT CERTIFICATION-STATEMENT OF OFFICIAL ACTION Councllmember Genser removed thIS Item as a courtesy to !'vir Kutcher"s earlier request to contmue same to the next meetmg MotIOn by Councllmember Genser. seconded bv CouncIlmember Greenberg, to contmue tlus matter to the meetmg of December 2, 1997 The motIOn was unanImously approved by VOIce vote, Mayor O'Connor absent END OF CONSENT CALENDAR APPEAL 97-017 RE ARBORETUM PROJECT Presented was Appeal 97-017 ofPlanmng ComnusslOn approval of Development ReVIew Permit 97-005 for a portIOn of Phase III of Colorado Place (The Arboretum) conSIstIng of a 191.000 square foot. Six-story buIldIng above a three-level. 625-space subterranean parking garage Applicant Arboretum Development Partners Appellant Santa MOllica Pohc.e Officers ASSOCIatIon On order of the Mayor Pro Tern, the public hearmg was opened Steve Brackett. representmg the appellant, spoke m support of the appeal Chns HardIng. speakmg on behalf of the applicant. spoke m opposItion to the appeal 3 November 25.1997 322 Members of the public Jamna Krupa. Robert Wright, and Tom Frances I spoke III support of the appeal. Chns Hardmg and Steve Brackett presented theIr respective rebuttals On order of the Mayor Pro Tern. the publIc heanng was closed. Motion by Councllmember Genser to contInue thts Item and ask statT to meet With the apphcant to review changes which nught be mutually acceptable. ask staff to diSCUSS possible changes to deal "Vlth the Impacts that have been discussed this evemng, as well as any others that staff or Council may IdentrfY, and. ask the legal staff to review options m the absence of the abIlIty to reach a mutual agreement The motIon died for lack of a second MotIon bv CouncIlmember Greenberg:. seconded bv CouncIlmember Ebner, to deny Appeal 97-017 and uphold the Plannlllg ComnllSslOn approval of Development ReView PermIt 97-005, With findlllgs and conditions as outlllled In the staff report The motlOn was approved by the followmg vote Ayes CouncIlmembers Ebner. Rosenstem, Greenberg. FeInstem. Mayor Pro Tern Holbrook CouncIlmember Genser Mayor O'Connor I Noes Absent APPEAL - 502 GEORGINA APPEAL RE VESTING TENTATIVE PARCEL MAP 24847 FOR 502 GEORGI!'olA AVENUE Presented was the appeal ofVestmg TentatIve Parcel Map 24847 for 502 GeorgIna Avenue. approved by the Planmng CommlsslOn to allow a two-parcel subdIVIsion of an eXIstIng parcel Applicant The Pegasus Trust Appellant Sohell Alexander Solelmanl On order of the Mayor Pro Tern, the pubhc heanng was opened Jonathan Horn. speakmg on behalf of the appellant, and the appellant. Sohell Alexander SoIelmanl. spoke III support of the appeal and III opposltlOn to the subdivlSlon Ken Kutcher. representmg the apphcant. spoke In opposItlOn to the appeal and III support of the subdIVlSlOn 4 November 25, 1997 I 323 I The followmg members of the publIc spoke m support of the appeal and In oppositIOn to the subdivisIOn Ulnck Batzdorf. Mark Batzdorf, Roslyn Ste\vart. Anneke SaItzstem, Joy Jones. Marllyn Prewozmk, Jacquie Banks. Andy Mmtzer, Marilyn Gottesman. Laura Mmtzer, Jim Upchurch. Stan Johnson, Joanne LeavItt. Diane Fresco, Barbara Schrutzler, Darrell Clarke. Nlkolos Koutouratsas, Vlrgmla Clarke, Tom FrancIs. lnge Granzow. and Robert Wnght Member of the publlc Bnan Hutchmgs spoke m Opposltlon to the appeal and m support of the subdlVlslOn MotIon by Councllmember Femstem. seconded by ('ouncIlmember Genser, to hear a late speaker for one mmute. The motIon was unammously approved by VOIce vote. Mayor O'Connor absent Member of the publIc DaVid Heller spoke m support of the appeal and in oppositIon to the subdivision Ken Kutcher presented a rebuttal On order of the Mayor Pro Tern the publIc hearmg was closed I On order of the Mayor Pro Tern. the City Councll recessed at 9.40 pm. and reconvened at 10 09 pm, W"lth Mayor O'Connor absent MotIOn by CouncIl member Ebner, seconded by CouncIlmember GenseL to uphold the appeal and deny approval of the Plannmg CommiSSIOn Mohon by Councllmember Genser, accepted as frIendly. to amend the motIon to request staff to draft fmdmgs and return at a later date The motIon, as amended, was approved by the follow"lng vote Aves Councllmembers Femstem. Genser, Greenberg, Rosenstem. Ebner, Mayor Pro Tern Holbrook None !.layor O'Connor Noes Absent I Staff was mstructed to adVise the Plannmg ComnusslOn to consider the actIOn taken by CounCil this evening when considering a Similar case to be heard by them m the near future and asked staff to return WIth a proposal to enact a moratonum on acceptmg ne\v appllcatIOns for lot spllts m thiS area untIl the Text Amendment can be heard and settled 5 November 25. 1997 REPLACEMENT OF MUNICIPAL POOL PUBLIC HEARINGS: ASSESSMENT DISTRICT 324 by the City. to be effectIve as of this evenmg, If possible SITE AL TER.~ATlVES FOR REPLACEMENT OF MUNICIPAL POOL Presented was the staff report regardmg consideratIOn of site alternatives for the replacement of the Mumclpal Pool at Santa Momca College, inc1udmg the proposed 16th Street locatIOn and the eXlstmg Site, the recommendatlOn to designate a preferred site and project alternative, and, the recommendatIOn to direct staff to proceed \\lth the necessary feaslblhty studies, deSign work, and reqUIred environmental Impact report Member of the pubhc Donald Nelson spoke m support of constructIOn of the mUlllclpal pool at the proposed 16th Street locatIOn and the restoratIon of the Lmcoln PooL The follO\vmg members of the pubhc spoke m oppositIOn to the construction of the municipal pool at the proposed 16th Street locatIOn Coos FranCIS, Pete Arreola, Kent Colberg, Sandee Blckart, ChriS Burdick, and Lon Klaldman Member of the pubhc GeoffStern spoke III support of constructIOn of the mUnIcipal pool at the proposed 16th Street locatIOn MotIOn bv Councilmember Greenbefll:. seconded bv Councllmember - -- F emstem. to contmue the meetmg past II 00 p m The motIOn was unammously approved by vOice vote, Mayor O'Connor absent MotIOn by Councilmember Ebner. seconded by Counctlmember Rosenstem. to approve the staff recommendatIOn to deSignate the 16th Street site as the preferred site and the eXlstmg site as the project alternative, and to ask staff to proceed With the necessary feasibility studies, deSign work, and reqUired environmental Impact report The motion was approved by the follo\vmg vote Ayes Councllmembers Ebner, Rosenstem. Genser, Femstem, Mayor Pro Tern Holbrook Counctlmember Greenberg Mayor O'Connor Noes Absent FOR.J.~A TlON OF 1996-97 ASSESSMENT DISTRICT FOR STREET REPAIRS Presented was the staff report recommendmg approval ofthe formation of the 1996-97 Assessment Dlstnct for repalnng concrete curbs, dnveways, and Sidewalks, resurfacmg streets, 6 November 25.1997 I I I I I I RENTAL HOUSING DEVELOPMENT 325 restoring parkways. constructmg concrete gutters. reconstructmg alleys, and completmg appurtenant work. acceptance of certified results of votes cast, adoptIOn of resolutIOn findmg that the pubhc convemence and necessity reqUires the repairs and construction, and appurtenant work, and. the recommendatIOn to order the work to begm Councllmember Genser declared a potential conflict of mterest and recused mmself from dehberatlOns Members of the public Lee Bishop and Frank Gillette spoke m OppOSItIon to the staff recommendatIOn as proposed Member of the pubhc Tom franCIS made suggestIOns Member ofthe pubhc Bnan Hutcmngs expressed Ins concerns MotIon by Councllmember Greenberg, seconded by Councllmember Feinstem. to accept the certIfied results ofthe assessment dIstnct and adopt ResolutlOn ~o 9218(CC5) entItled'A RESOLUTION OF THE CITY COU:'\CIL Of THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC COKVENIENCE AND ~ECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE GUTTERS, ALLEY IMPROVEMENTS, STREET RESURFACING, SIDEWALKS AJ'\"D DRIVEWAYS. CURB REPAIRS. RESTOR-\TION OF PARKWAYS. AND APPURTENA;'-.JT WORK, IN CONJVNCTION \\11TH THE FY 1996-97 STREET RESL'RF ACING PROGRAM:' readmg by title only and WaIvmg further readmg thereof The motIOn was approved by the follov.rmg vote Ayes Councllmembers Femstem. Greenberg, Rosenstem. Ebner, Mayor Pro Tern Holbrook None Mayor O'Connor. Councllmember Genser ;'-.Joes Absent "\1ULTIFAMILY RE:'HAL HOUSING DEVELOPMENT The public hearmg for Multltanuly Rental Housmg Development was contmued to the meetmg of December 9. 19fJ7 Councllmember Rosenstem was excused from the meetmg at 11 26 pm \VRlTTEN COMMUNICA- MONTHL Y DA1~CE PROGRAM FOR THE nONS: DEVELOPME.sTALLY DISABLED Presented was the request of 7 November 25, 1997 PROGRAM FOR THE DEVELOPMENTALLY DISABLED PROHIBITION ~ USE OF LEAFBLOWERSIHOSING OFF WALKWAYS PUBLIC INPUT 326 Joe Pacheco for the City of Santa MOllica to adopt a monthly dance I program for developmentally d1sabled people allowmg free use ofllie Manne Park AudItonum Members of the publIc BIll Neuhaus and Marshall Schwartz spoke m support of the proposed monthly dance program MotIOn by CouncIlmember Femstem. seconded by CouncIlmember Genser, to duect staff to meet WIth Mr. Pacheco regardmg thIS matter and report to CounCil The motIOn was unarumously approved by VOIce vote, \vlth CouncIlmember Rosenstein and Mayor O'Connor absent NOTIFICATION OF PROHIBITION ON USE OF LEAFBLOWERS AND HOSING OFF W ALKW A YS Presented was the request of Councllmember Greenberg to drrect Cny staff to mclude bllmgual enclosures m the CIty'S water bIlls regardmg prohIbItIOns on the use of leafblowers and on the use of a hose to wash walkways m the CIty'S water bIlls MotIon by CouncIlmember Greenberg. seconded by CouncIlmember Genser, to dueet City staff to mclude bIlmgual enclosures regarding I prohlbltlOns on the use of leatblO\vers (SM..\1C 4 08 270) and on the use of a hose to wash walkways (SMMC 7 16 020(c)(l)) m the CIty'S water bIlls The motIon was unarumously approved by vOIce vote. WIth Councllmember Rosenstem and Mayor O'Connor absent PUBLIC INPUT Member ofllie publIc Art CaSIllas dIscussed law enforcement Issues Members ofthe publIc Jennafer Waggoner and ChrIstophe ThelIa dIscussed homeless Issues Councllmember Greenberg excused herself from the meetmg at 11 46 pm Members of the publIc Ane! Wyckoff, Charles Spnnger, MIchael Remsborough, DaVId Busch, StephanIe Brooks, WIlham Marky, Todd Ravel, Tammy Soft. Turtle Moore, Arthur RIvera. and Boo discussed homeless Issues Member of the publIc Jacquelme Lambnchts dIscussed the underground storage tank audit I 8 November 25. 1997 I I I CLOSED SESSIONS ADJOURN:\'IENT 327 CLOSED SESSIONS The followmg closed sessIOns scheduled for tills meetmg were contmued to December 2. 1997 Conference with Legal Counsel EXIstmg LItIgatIOn CIty of Santa ~lomca v Arco. et al. Case No. BC 121317 Conference WIth Legal Counsel EXlstmg litIgatIon WII-Fourth PartnershIp v elt\! of Santa Momca. Case No BS 045458 Conference ,"vlth Legal Counsel EXlstmg litigatiOn Charmont Partners. Ltd v. Cltv of Santa Momca. Case No SS 007397 Conference ,"Vlth Legal Counsel AntlcIpated LItlgatlon Two cases On order of the Mayor Pro T em, the CIty CounCil meetmg was adjourned at 12 15 am. m memory of Carol Peters ATTEST APPROVED {~/~ t-ktuL ~ ~_~D~'~ Mana M Stewart CIty Clerk Robert T Holbrook Mayor Pro Tern 9 November 25. 1997