M-7/11/2000
1280
CITY OF SANTA MOl'i'lCA
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CITY COUNCIL MINUTES
JULY 11, 2000
A regular meeting of the Santa Monica Clty CounCl! was called to order by Mayor Genser at 6'20
p.m. on Tuesday. July 11. 2000, at City Counell Chambers. 1685 Mam Street
Roll Call:
Present
Mayor Ken Genser
Mayor Pro Tern Pam O'Connor
CouncIlmember RIchard Bloom
CouncIlmember MIChael Feinstein
Councllmember Robert T. Holbrook
CouncIlmember KevlIl McKeown
CouncIlmember Paul Rosenstem
Also Present CIty Manager Susan McCarthy
CIty Attorney Marsha Jones Moutne
City Clerk Marla M Stewart
CLOSED SESSIONS
RECONVENEIPLEDGE
AGENDA ITEM OUT OF
ORDER
GIRLS ALL-STAR
SOCCER TEAM
CLOSED SESSIONS On order ofthe Mavor. the Cltv Councll convened
at 6:20 p.m. and then adjourned to conslde; closed ses;lons Action taken I
on closed seSSIons was reported at the end of the meetmg
On order of the Mayor. the Cuy Council reconvened at 7 43 p.m, with all
members present. CouncIlmember Bloom led the assemblage III the Pledge
of Allegiance
Motlon by Councilmember McKeo\vn, seconded by CouncIlmember
Rosenstein to reorder the agenda to take public testlffiony on Item 14-C.
The motlon was unarumously approved by voice vote, \vlth all
CouncIlmembers present.
14-C Request of Mayor Genser to grant $5.000 to the Sister Cities
Association. The funds wiD be used to send the Santa Monica A YSO
"Girls Under Twelve" All-Star soccer team to Fujinomiya to compete
in a soccer tournament that is part of the celebration of the anniversary
of Santa Monica and Fujinomiya becoming Sister Cities.
The follmvmg members of the pubhc spoke in support of the request.
Maryanne LaGuardla. Tobin Watenmaker. Kelsy Thomas. and Bethany
Thomas.
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July 11. 2000
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CONSENT CALENDAR:
MINUTES
EARTHQUAKE
RECOVERY
RESOLUTION
SENIOR SERVICES
GRANT FUNDS
1281
On order of the Mayor. action on this Item to be taken at the regular order
for tlus matter on the agenda
The Consent Calendar was presented, whereby all items are consIdered and
approved in one motion unless removed from the calendar for discussion.
The follo\\1llg members of the public commented on the Consent Calendar'
Joey Fullmer expressed vanous concerns. and Chuck Allord spoke m favor
ofItems 6-C and 6-D, and in oppositIon to Item 6-K.
At the request ofCounctlmember McKeowll, Item 6-J was pulled from the
Consent Calendar
MotIon by COUllctlmember Femstem. seconded by Counctlmember Bloom.
to approve all Items, on the Consent Calendar as presented, reading
resolutIons and ordinances by tItle only and waivmg further readmg thereof.
\>,lth the exceptIon ofItem 6-1. The motIon was approved by the followmg
vote
AYES
COUllctlmembers Bloom. Femstein. McKeown. Rosenstem,
Coucihnember Holbrook. Mayor Pro Tern O'Connor, and
Mayor Genser
None
None
NOES:
ABSENT.
6-A: The minutes of Apnl4 and Aprilll. 2000, were approved.
6-B- Earthquake Recovery Resolution - Resolution No 9539 (CCS)
entitled- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAt"iTA MONICA DECLARING THE EXISTENCE OF A
CONTINUING LOCAL EMERGENCY;' was adopted
6-C: Los Angeles County Senior Senrices Grant Funds - Resolution No.
9540 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AUTHORIZING THE
SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A
CONTRACT TO PROVIDE MEAL A~lJ TELEPHOl'i'E
REASSURANCE SERVICE FOR ELDERLY PERSONS." was adopted
and the City Manager was authonzed to negotIate and execute Contract
No.7739 (CCS) with the County for proVIsion of servIces to the elderly
through the City's Senior Nutrition and Recreation Program.
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July 11, 2000
1282
LAW ENFORCEMENT
BLOCK GRANT FUNDS
DONATION OF POLICE
VEIllCLES
ITEM WITHDRAWN
6-D' Appropriation and designation uses of 1999 Local Law
Enforcement Block Grant Funds - RecommendatIon to designate I
$29] .191 in accumulated and current funds for the acqmsItIon of eqUIpment
for two police velucles to serve as mobIle command posts and for 48
encrypted digItal pohce ramos. was approved
6-E: Donation of Police Vehicles - RecommendatIon to approve donation
oftwo used police velucles and other used equipment to the State of
Sinaloa, MeXICO, was approved.
6- F. This Item \vIthdrawTI at the request of staff.
OCTOBERFAIR 5-K RUN 6-G: St. Monica's Church Octoberfair 5-K Race - Approval of alternate
race route and Waiver of race fee for St Monica's Church Octoberfair 5-K
Race on September 30, 2000, was approved
COASTAL
INTERCEPTOR SEWER
SYSTEM
SEWER PROJECT 7
6-H Contract amendments for construction and management services
for sewer main installation, and for community outreach sen-ices
regarding the Sewer Project for the Coastal Interceptor Sewer System -
Recommendation to authonze the CIty Manager to negotiate and execute an
amendment to Contract No. 7602 (CCS) with KEC Engmeenng, Inc. m the
amount of $2.442.000. for constructIon of sewer mams on Ocean Avenue t
and Nellson Way: an amendment to Contract No 7476 (CCS) wlth Black
Veatch, Inc., in the amount of $5 1 0,000. for construchon management
serVIces. an amendment to Contract No. 7216 (CCS) WIth Montgomery
Watson Amencas. ill the amount of $260,000, for Engmeer of Record
services durmg construction; an amendment to Contract No. 7695 (CCS)
\\ith Arthur D Little, Inc. m the amount of$40.000, for envlfonmental
sen'Ices; and an amendment to Contract No 7355(CC8) \\lth Harris
Company. ill the amount of $50.000. for community outreach services for
the Sewer RehefProJect of the Coastal Interceptor Sewer System; and.
appropnatlOn of funds. as proposed m the report, to pay for the contract
amendments were approved.
6-1: Contract amendment for sewer repair in Stewart and 26th Streets -
Recommendation to authonze the CIty Manager to negotIate and execute an
amendment to Contract No 7463 (CCS) WIth Clarke Contracting, Inc., in
the amount of$375.000. for additional work on Sewer Project 7, and to
approve appropnatlon of funds, as recommended ill the staff report. was
approved
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July 11, 2000
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1283
BUILDING AND SAFETY 6-K. Provision of plan and report review services for Building and
DIVISION SERVICES Safety Division - Recommendation to authonze the CIty Manager to
negotiate and execute Contract No 7740 (CeS) v"th EsGll Corporation, ill
the amount of $130,000, to proVIde construction plan reVIews, Contract No
7741 (CCS) wIth EQE International. in the amount of $87,000. to provide
seIsmic retrofit reviews, and Contract No 7742 (CCS) wIth Bmg Yen &
ASsOcIates. ill the amount of $60,000, to pro",de geotechnical reports and
engineering geologIst reports for the Building and Safety Division. was
approved.
SUBDIVISION MAP - 849- 6-L. Subdivision Improvement Agreement and resolution approving
853 14TH STREET Final Tract Map No. 52906 for an 8-unit condominium project at 849-
853 14th Street - RecommendatIon to authorlZe the CIty Manager to
negotmte and execute SUbdIv,sion Improvement Agreement No 7743
(CCS) was approved and Resolution No 9541 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 52906 TO SUBDIVIDE PROPERTY AT 849-
85314TH STREET;' was adopted
2012-24 MAIN STREET & 6-M. Environmental Impact Report for two mixed use projects at 2012-
2021-29 MAIN STREET 24 Main Street and 2021-29 Main Street - RecommendatIon to authorize
the City Manager to negotmte and execute Contract No 7744 (CCS) with
EIP Assocmtes, ill the amount of$97.750. to prepare an Environmental
Impact Report for the proposed construction of the two-mixed use
buildings. was approved
STATEMENT OF
OFFICIAL ACTION
6-N Recommendation to approve Statement of Official Action for
appeal of CondItIonal Use Permit 99-032 to allow addItion to eXlstmg Saab
Automoblle Dealerslnp at 3020 Santa Monica Boulevard, was approved as
amended by the supplemental staff report
KENTER CANYON
STORM DRAIN
6-0 Award of construction contract for excavation and strengthening
of the Kenter Canyon Storm Drain for the Public Safety Facility
Project - Recommendauon to authorize the City Manager to negotmte and
execute Contract No. 7745 (CCS) v.ith J A. Jones Construction, in the
amount of$902.725, for the excavatIon and strengtherung of the Kenter
Canyon storm drain for the Public Safety Facility Proje<.:t; and to negol1ate
and execute an amendment to Contract No. 7648(CCS) With Law
Engineering, in an amount not to exceed $61,000. for addItIonal
geotechmcal inspectlOn services, was approved.
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July II, 2000
1284
2330 MICHIGAi"'l( AVE.
HONORARY PLAQUE
AND BELL FOR
FOUNDING FAMILIES
ORDINANCES
UTILITY USERS' TAX
6-P Restructuring of acquisition of property located at 2330 Michigan
Avenue - Recommendation to authonze the City Manager to negotiate and I
execute Agreement No 7746 (CSS) and all documents related to the
restructurIng and reacquisition of the 2330 Miclngan Avenue. IncludIng but
not bnnted to a four-year tnple net lease ,vIth rent m the amount of$14,500
per month and "'"Ith an option to purchase the property for the sum of
$3.150,000 at the end of the lease term, was approved
6-J Approval of installation of plaque in Palisades Park honoring
Grace Heintz also known as the "tree lady", and acceptance of
donation and approval of installation of an "EI Camino Rea]"
Commemorative Bell in Christine Reed Park to honor three founding
families of Santa Monica, was approved
CouncIlmember McKeown adVIsed he pulled thIs Item off the Consent
Calendar to highhght and discuss Ms. Hemtz's dedIcatIOn to the community
and indicated he would be happy to honor Ms Heintz and the three
foundIng fannhes.
MotIon by CouncIlmember McKeown, seconded by Councilmember
FeInstein. to approve recommendatlon The motIon was approved by the
followmg vote:
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AYES
Councilmembers Holbrook, RosensteIn, McKeo\\'R
FeInStein. Bloom, Mayor Pro Tern O'Connor, and Mayor
Genser
None
None
NOES'
ABSENT.
END OF CONSENT CALENDAR
8-A: Introduction and first reading of an ordinance amending Chapter
6.72 of the Municipal Code (Utiity Users' Tax). was presented
On order of the Mayor, the publIc hearing was opened Mark Olsen spoke
m support for the ordinance and suggested minor changes; Joey Fulhner and
Chuck Allord expressed vanous concerns. Sharon O"Rourke spoke in
support of the ordinance.
MotIon by CouncIlmember Rosenstem, seconded by Councilmember
Femstem, to mtroduce and conduct first reading of ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 6.72 OF THE MUNICIPAL CODE (UTILITY USERS"
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July 11. 2000
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HOURS OF USE -CHESS
PARK AND MUSCLE
BEACH
1285
TAX);' readmg by title only and waiving further reading thereof; and
directmg staff to return to the Council with an analysIS and recommended
polley for allowmg a tax reductIon or waiver for use of alternatIve veludes.
The motion was approved by the followmg vote:
AYES
Councll:members Holbrook, Rosenstein, McKeown.
FeinsteIn, Bloom. Mayor Pro Tern O'Connor.
and Mayor Genser
None
None
NOES:
ABSENT
8-B" Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING
SECTION 4.08.096 TO THE MUNICIPAL CODE PROHmITING
THE USE OF CHESS PARK AND MUSCLE BEACH BETWEEN
SUNSET AND SUNRISE," was presented
On order of the Mayor. the pubhc hearmg was opened. Joey Fullmer
suggested mstallatlon ofhghtmg to extend the hours of use, and Ellen
Brennan spoke m support of the ordInance
MotIon bv Councll:member McKeown. seconded by Mayor Genser. to
mtroduce and conduct first reading ofthe ordmance, readmg by title only.
and wai"mg further readmg thereof The motion was approved by the
following vote:
AYES:
Counc1lmembers Holbrook, Rosenstem. McKeown.
FemsteIn, Bloom, Mayor Pro Tern O'Connor,
and Mayor Genser.
None
None
NOES
ABSENT
DEVELOPMENT &-C: Introduction and first reading of an interim ordinance entitled:
STANDARDS - RVC AND "AN ORDINANCE OF THE CITY OF SANTA MONICA
BSC DISTRICTS RE AMENDING MUNICIPAL CODE SECTION 6.14.040(D) AND
FORTUNE TELLING MODIFYING THE DEVELOPMENT STANDARDS IN THE RVC
AND BSC DISTRICTS TO ALLOW FORTUNETELLlNG AS A
PERMITTED USE IN THE BSC-l PORTION OF THE BSC
DISTRICT AND ON OCEAN FRONT WALK:' was presented.
On order of the Mayor. the matter was opened for publIc comment Jerry
Rubin spoke m support of the ordinance, and Bnan Hutchmgs discussed
fortunetelling
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July 11, 2000
1286
BA YSIDE DISTRICT
CORPORATION
APPOINTMEl\"TS
ARCHITECTURAL
REVIEW BOARD
Motion bv Coucllmember Holbrook, seconded by Councilmember Bloom. I
to mtroduce and conduct first readmg of the interim ordinance, reading by
tItle only and waiving further readmg thereof
Motion to amend by Counctlmember Bloom. to remove the BSC-l as a
pernutted use site. The motIOn was accepted as fnendJy
Motion to amend bv Mayor Genser, to mclude clanf)'lllg language m Section
D to specifY the appropnate sections along Ocean Front Walk.
Motion by Councilmember McKeown, to give staff dIrection to clarify
language relative to "magnetic or magnetized articles or substances" so it
won't apply to computer eqwpment. Motion accepted as friendly.
The main motion. as amended, was approved by the followmg vote:
AYES
CouncIlmembers Holbrook. Rosenstem. McKeo\\'1l,
Feinstem. Bloom. Mayor Pro Tern O'Connor, and
Mayor Genser
None
None
NOES:
ABSENT:
14-A. Annual vacancy appointment to the Bayside District corporatiol
for a term ending June 30, 2004. (Continued from June 13. 2000 )
On order of the Mayor. tills matter was contmued to July 25.2000
14-8 Annual vacancy appointments to the following board and
commission vacancies: (Contmued from June 20, 2000 )
Brian HutchIngs expressed vanous concerns. Jerry Rubm and Chuck Allord
spoke in favor ofnommating Ms. Holbrook to the Arts Cormmssion.
On order of the Mayor. the floor was opened for nominations to the
Architectural Review Board.
Mayor Genser normnated the two mcumbents. SerglO Zeballos and Howard
Laks. to the two vacanCIes on the Architectural Re"lew Board for terms
ending June 30, 2004. The two nommees were appointed by acclamatIOn.
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ARTS COMMISSION
COMMISSION ON THE
STATUS OF WOMEN
1287
On order ofthe Mayor, the floor was opened for nommatlons to the Arts
CormmsslOn
Counctlmember McKeo\\TI nommated Phyllis Green. Counctlmember
Holbrook nommated Jean Anne Holbrook Phyllis Green was appomted to
the Arts ComnussIon for a term endmg June 30. 2004. by the follo\\wg
vote
Ms. Green:
Counctlmembers Bloom, Feinstem, McKem:vn.
Rosenstein, Mayor Pro Tern O'Connor. Mayor
Genser
Councilmember Holbrook
Ms. Holbrook
On order of the Mayor. the floor was opened for nommations to the
Commission on the Status of Women
Mayor Pro Tern O'Connor nominated Melissa Balaban Ms Balaban was
appomted to the Commission by acclamation, for a term endmg June 30,
2004.
LIBRARY COMMISSION On order of the Mayor. the floor was opened for nominatIons to the LIbrary
Board for a term ending June 30. 2004
Counctlmember Bloom nommated Sheila Ann FIeld Councrlmember
Holbrook nominated Margaret Pickermg Ms FIeld was appointed by the
followlllg vote"
Ms Field
Counctlmembers Bloom, FelDSteIn, McKeown.
Mayor Pro Tern O'Connor. Mayor Genser
Councihnembers Holbrook, Rosenstem
Ms PIckering
Councilmember Holbrook requested that Ius vote be changed m favor of
Ms FIeld
RECREA nON & PARKS On order of the Mayor, the appointment to the Recreation & Parks
COMMISSION Corrnrussion was contmued to July 25, 2000
GRANT FUNDING FOR
TOURNAMENT TRIP
FOR GIRLS A YSO
]4-C: Request of Mayor Genser to grant $5,000 to the Sister Cities
Association. The funds will be used to send the Santa Monica A YSO
"Girls Under Twelve" AU-Star soccer team to Fujinomiya to compete
in a soccer tournament that is part ofthe celebration ofthe anniversary
of Santa Monica and Fujinomiya becoming Sister Cities.
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July 11. 2000
1288
AREA AGENCY ON
AGING ADVISORY
COUNCIL
ENDORSING ZRRO-
EMISSION VEHICLE
PROGRAM
MotIon bv Mayor Genser. seconded by Mayor Pro Tern O'Connor. to grant
$5.000 to the Sister CItIes AssociatIon. The motion was approved by the I
follo'i'tIDg vote
AYES.
CouncIlmembers Holbrook. Rosenstem, McKeown,
Femstem. Bloom. Mayor Pro Tern O'COlUlor, Mayor Genser
None
None
NOES'
ABSENT
14- D: Request of Mayor Genser to adopt a resolution joining the L.A.
County Area Agency on Aging Advisory Council in urging the
Governor of California, the State Legislature and the L.A. County
Board of Supentisors to cooperate in finding the funds necessary to pay
for a living wage and benefits for In House Support Services' personal
care assistants.
Member ofthe public Pro Se addressed the CouncIl m support of the
resolution
MotIon by Mayor Genser, seconded by CouncIlmember Femstem. to adopt
ResolutIOn No 9542 (CCS) entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF
COOPERATIVE EFFORTS TO SAVE LOS ANGELES COUNTY'S
IN-HOME SUPPORT SERVICES." The motIon was approved by the
followmg vote:
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AYES
CouncIlmembers Holbrook, Rosenstem, McKeown..
FelIlStem, Bloom. Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES:
ABSENT
14- E: Request of Mayor Genser for City Council to support the
American Lung Association of California by endorsing the Zero-
Emission Vehicle program developed by the California Air Resources
Board and to send a letter of support for California's Zero-Emission
Vehicle program to Governor Gray Davis and to Dr. Alan Lloyd, Chair
of the California Air Resources Board.
Motion by Mayor Genser, seconded by Mayor Pro Tern O'Connor, to
approve request. The motion was approved by the followmg vote:
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July 11, 2000
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CLOSED SESSIONS:
1289
AYES'
Councilmernber Holbrook. Rosenstem, McKeown. Femstem.
Bloom. Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES'
ABSENT
16-A- Conference with Real Property Negotiator:
Property: 2330 Michigan Avenue, Santa Monica
Negotiating parties: Craig Perkins, City representative
Under negotiation: Option for acquisition of real estate
property
ACTION:
Heard. No reportable action taken.
16-B' Public Employee Evaluations.
Employee Titles CIty Clerk, CIty Attorney
ACTION,
Heard No reportable action taken
16-C Conference with Legal Counsel - Existing Litigation: Walsh v.
City of Santa Monica, Case No. SC 057065.
ACTION
Heard No reportable actIon taken.
16-D: Conference with Legal Counsel- Existing Litigation: Rinl::
Tradinl:: Corporation v. City of Santa Monica, Case No. BC
172 044 (consolidated with Mountain View Mobile Inn
Residents Association, Inc. v. City of Santa Monica, Case No.
SC 052 672.)
ACTION:
Heard. No reportable action taken.
16-E Conference with Legal Counsel- Existing Litigation: Daniel
Reves v. City of Santa Monica, Case No. SC 057 195.
ACTION-
Not heard
16-f- Conference with Legal Counsel- Existing Litigation: Karim
Kamal et aL, v. City of Santa Monica, et at, Case No. CV 95-
1025.
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July 11, 2000
1290
Motion bv Ma.yor Pro Tern O'Connor, seconded by Councilmember Bloom, I
to approve payment of Judgment in the amount of$339.288 91 Motion
approved by the follo\\>IDg vote:
AYES'
Councilmembers Holbrook, Rosenstein. McKeo\\>n,
Femstem, Bloom, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT
16-G Conference with Legal Counsel - Existing Litigation: Bank of
America v. City of Santa Monica, et al., Case No. 99-4817
(VRW) U.S. Dist. Court, ND Cal).
ACTION:
Heard The City Attorney announced that the court hearing
thIs matter has issued an order that prolnblts the City from
enforcmg 11S ordinance restricting ATM fees.
16-H Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. SS
007078.
ACTION' Heard. No reportable action taken
16-1: Conference with Legal Counsel- Existing Litigation: Conoco, I
Inc., and Kayo Oil Company, v. City of Santa Monica, Case
No. 99-12075 RAP (Cwx).
ACTION:
Not heard
16-J Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Walther, Case No. SC 043522.
ACTION:
Heard. No reportable action taken.
16- K Conference with Legal Counsel - Existing Litigation: Citv of
Santa Monica v. SheD Oil Company, Case No. 313004.
ACTION'
Not heard
16-L Conference with Legal Counsel- Anticipated Litigation:
:Sumber of Cases: Four.
ACTION:
Three cases heard No reportable action taken.
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PUBLIC INPUT:
ADJOURNMENT:
1291
15 PUBLIC Thil'UT Member of the publIc Pro Se spoke in support ofa
DIsabilitIes Commission Member of the pubhc Chuck Allard expressed
concern regardmg crune on the pier and lack of publIc notice on meetmgs
Member of the publIc Richard Kraft requested the Council asSIst m regaming
the artISt'S spaces at the airport buIlding Member of the publIc Brian
Hutchmgs dIscussed platform hearings and the electoral process. Member
of the public Warren Wagner discussed the development processes m Santa
Monica and indicated they were arduous. Member of the public Jerry Rubin
discussed events on the pIer and the Leadersmp Senes
On the order of the Mayor, the City Council recessed to Closed SeSSIon at
9 16 p.m The CIty Councll meeting was adjourned at 10 45 p.m, m
memory ofChns Kerry.
ATTEST
'. '------- ,
Uu-. ., o.Lo SL_._..oA-
Mana M. Stewart \
City Clerk
cfR?VED
/Vnstl .-------,-"
-------.,..
en Ge -
Mayor
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July 11. 2000