M-11/25/1997
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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
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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
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November 25,1997
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MODuLAR OFFICE lJNITS
EDGEMAR PROJECT
ADMINISTRATIVE
PROCEEDINGS:
APPEAL-ARBORETUM
PROJECT
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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
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November 25.1997
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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
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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
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November 25, 1997
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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
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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
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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
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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
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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,
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November 25.1997
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RENTAL HOUSING
DEVELOPMENT
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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
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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
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November 25. 1997
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CLOSED SESSIONS
ADJOURN:\'IENT
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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
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November 25. 1997