M-9/28/1999 (2)
1030
CITY OF SANTA MONICA
I
CITY COUNCIL MINUTES
SEPTEMBER 28, 1999
A regular meetIng of the Santa Mornca CIty CouncIl was called to order by Mayor O'Connor at
625 pm, on Tuesday, September 28, 1999, at CIty Council Chambers, 1685 MalO Street
Roll Call
Present
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Counctlmember RIchard Bloom
Counctlrnember Michael Femstem
CounCllmember Robert T Holbrook
CounCllmember KeVIn McKeown
Counctlmember Paul RosensteIn
Also Present City Manager John Jahh
City Attorney Marsha Jones Moutne
CIty Clerk Marla M Stewart
CLOSED SESSIONS
RECONVENEIPLEDGE
CLOSED SESSIONS On order of the Mayor, the CIty CouncIl convened I
at 6 25 pm, and then adjourned to conSIder closed seSSlOns ActIon taken
on the closed sesSIOns was reported at the end of the meetmg
On order of the Mayor the CIty Council reconvened at 7 14 pm, WIth all
members present Counctlmember Holbrook led the assemblage m the
Pledge of AllegIance
CONTINUED ITEMS 5-A Annual and unscheduled vacancy appointments to the Housing
HOUSING COMMISSION Commission for two Section 8 terms ending June 30, 2001, and one
regular term ending June 30, 2002.
The Mayor opened the floor for nommatIons Counctlmember McKeown
nommated Kathleen Masser for the regular term Mayor Pro Tern Genser
normnated Karin Pally for the regular term Kathleen Masser was appomted
to the Housmg ComrmSSlOn by the followmg vote
Masser CouncIlmembers Bloom, Femstein, McKeown, Mayor O'Connor
Pally CouncIlmembers RosensteIn, Holbrook, Mayor Pro Tern Genser
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September 28. 1999
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CounCllmemher Holbrook and Mayor Pro Tern Genser requested their votes
be changed to Ms Masser
The remaImng two vacanCIes were contmued to October 5, 1999 Staff was
directed to clanfy the applicants' SectIon 8 status
CONSENT CALENDAR: The Consent Calendar was presented, whereby all Items are conSIdered and
approved m one motIon unless removed from the calendar for dlscusslOn
EARTHQUAKE
RECOVERY
DONA nON OF USED
VEHICLES
TRACTMAP-1252
EUCLID
Members of the pubhc Joey Fullmer and Bnan Hutchmgs expressed vanous
concerns Jerry Rubm spoke m support of Item 6-M
At the request ohhe City Manager, Item 6-L was contmued to October 5,
1999 At the request ofCounctlmember Bloom, item 6-A was pulled, at the
request of Council member Femstem, Item 6-D was pulled, and at the request
of Counctlmember McKeown, Item 6-M was pulled off the consent calendar
Motlon by Counctlmember Femstem, seconded by Counctlmember
McKeown, to approve all Items on the Consent Calendar as presented,
except Items 6-A, 6-D, 6-L and 6-M, readmg resolutIOns and ordmances by
tItle only and waivmg further readmg thereof The motion was approved by
the followmg vote
AYES
Counctlmembers Holbrook, Rosenstem, McKeown,
Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
6-B Earthquake Recovery Resolution - ResolutiOn No 9440 (CCS)
entItled .'A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
6-C Donation of four used police vehicles to the State of Sinaloa,
Mexico - recommendation to authonze the donatlOn of four used poltce
veluc1es to the State of Smaloa, MeXICO, for law enforcement use, and WaIve
the process of dIsposal by auction, was approved
6-E Resolution No. 9441 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
52635 FOR A 5-UNIT CONDOMINlliM PROJECT AT 1252 EUCLID
STREET," was adopted
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September 28. 1999
1032
PARCEL MAP - 2030
CALIFORNIA AVENUE
6-F Resolution No. 9442 (CCS) entitled: "A RESOLUTION OF THE I
CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP
NO. 25264 FOR A 4-UNIT CONDOMINIUM PROJECT AT 2030
CALIFORNIA AVENUE, was adopted
PARCEL MAP - 95719lH 6-G Resolution No. 9443 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP
NO. 25149 FOR A 4-UNIT CONDOMINIUM PROJECT AT 957 19lH
STREET. was adopted
TRACT MAP - 95414lH 6-H Resolution No. 9444 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
52526 FORA 5-UNIT CONDOMINIUM PROJECT AT 95414TH
STREET," was adopted
FINAL TRACT MAP - 846 6-1 Resolution No. 9445 (CCS) entitled: "A RESOLUTION OF THF:
21ST STREET CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
49395 FORA 5-UNIT CONDOMINIDM PROJECT AT 846 21!>T
STREET," was adopted
FINAL TRACT MAP -
1111 10TH STREET
FINAL TRACT MAP -
1022 10TH Street
SEWER REPAIR
SERVICES
6-J Resolution No. 9446 (CCS) entitled: "A RESOLUTION OF mE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO'1
52636 FORA 5-UNIT CONDOMINIUM PROJECT AT 1111 10TH
STREET," was adopted
6-K Resolution No. 9447 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO.
52679 FOR A 5-UNIT CONDOMINIUM PROJECT AT 1022 10lH
STREET," was adopted
6-N Contracts for construction and for management and inspection
services for sewer repair mains in various City streets - recommendatlon
to authonze the CIty Manager to negotIate and execute Contract No 7592
(CCS) With Preussag Pipe RehabilItatIOn, In the amount of $1,900,329, for
repair of earthquake-damaged sewer mams m the area bounded by PICO
Boulevard, 16'" Street, Ocean Avenue/Barnard Way, and the South City
hnuts, and recommendatIOn to authonze the CIty Manager to negotiate and
execute Contract No 7593 (CCS) With ASL Consultmg Engmeers, In the
amount of$359,800, for construction management and inspection sefVlces
for the project, was approved
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September 28, 1999
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ENVIRONMENTAL
SERVICES - SANTA
MONICA AIRPORT
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6-0 Contract amendment for expanded environmental services at the
Santa Monica Airport - recommendation to authonze the CIty Manager to
negotIate and execute an amendment to Contract No 115(CD) wIth Arthur
D LIttle, Inc, m the amount of$295,810, for expanded scope of envIron-
mental InVestlgatton, momtonng and remedIatIon servIces to address soil
contannnatIon at the AIrport, was approved
LmRARY EXPANSION 6-P Program and construction management services for the Main
Library Expansion and Renovation Project - recommendatIOn to
authonze the CIty Manager to negotIate and execute Contract No 7594
(CCS) with Bovis ConstructIOn CorporatIOn, in the amount of$I,692,000,
for program and constructlOn management servIces for the Mam LIbrary
ExpanSIOn and RenovatIon project, was approved
DOUGLAS PARK
IMPROVEMENT
PERMIT PROCESSING
AND INSPECTION
SERVICES
MINUTES
6-Q Contracts for construction and management services for the
Douglas Park Improvement Project - recommendation to authonze the
CIty Manager to negotIate and execute Contract No 7595 (CCS) WIth
Valley Crest Landscape, Inc, III the amount of$l, 189,150, to construct
improvements project, recommendation to authorize the CIty Manager to
negotiate and execute Contract No 7596 (CCS) WIth Black & Veatch
ConstructIon, Inc, m the amount of $100,000, for constructIon management
of the proJect, and, recommendatIon to authonze the CIty Manager to
negotiate and execute an amendment to Contract No 6592(CCS) with Rios
AssoCiates, in the amount of $48,400, for architectural sefVlces for the
project, was approved
6-R Purchase order for organizational analysis services of city-wide
permit processing and inspection services - recommendatIon to authonze
the Purchasmg Agent to Issue a purchase order to Management Partners,
Inc, In the amount of$80,000, to conduct an orgaruzatIOnal analYSIS of
pemut processmg and InSpectIOn servIces to Improve effiCIency and
effectiveness was approved
6-A
The minutes of July 20, 1999, City Councll meetmg
MotIon by Councdmember Bloom, seconded by Councilmember McKeown,
to approve mmutes with correctIons to surnames as noted MotIon
unarumously approved by VOIce vote, With all members present
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September 28, 1999
1034
FILM PERMITS
6-D The recommendation to direct statTto prepare an ordinance I
making it a misdemeanor to commercially film in the City without a
permit or in violation of the conditions of a film permit
Staff responded to Councdmember Femstem's questIOns
MotIOn by Councdmember Bloom, seconded by Counctlmember Femstem,
to approve the recommendatIOn The motton was unamffiously approved by
VOIce vote, With all members present
YOUTH OFFICE - 6-L Rejection of bids and approval of contract on open market to
CHRISTINE REED PARK construct new Youth Office at Christine Reed Park - recommendatIOn to
reject bIds received, waive formal blddmg procedures, and authonze the CIty
Manager to negotIate and execute a contract, on the open market, to
construct the new Youth Office at Chnstme Reed Park
At staff's request, tlus matter was continued to October 12, 1999
MUNICIPAL POOL
PROJECT
6-M Award of contracts for construction and related services for the
Santa Monica Municipal Pool Replacement project - recommendatlon to
authonze the CIty Manager to negotIate and execute Contract No 7590
(CCS) with Tn Max, in the amount of$348,000, for excavatIon and utility I
relocatton sefV1ces, authonze the City Manager to negotlate and execute
Contract No 7591 (CCS) With DMR Team, m the amount of $343,000, for
construction management ServIces of the project, and authonze the City
Manager to negotiate and execute an amendment to Contract No
6772(CCS) WIth Ktllefer Flammang Purtdl ArchItects, m the amount of
$130,000, for arclutectural ServIceS for the project
MotIon by Councdmember McKeown, seconded by Councdmember Bloom,
to approve recommendation The motIon was approved by the following
vote
AYES
Councilmembers Holbrook, Rosenstem, McKeown,
Feinstein, Bloom, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
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September 28, 1999
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ORDINANCES:
MERITORIOUS SIGN
REVIEW BOARD
STAFF ADMIN ITEMS:
SOLAR WEB
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8-A Second reading and adoption of Ordinance No. 1956 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 9.52.250 AND AMENDING SECTIONS 9.52.120,
9.52.210 AND 9.52.230 OF THE MUNICIPAL CODE TO ESTAB-
LISH A MERITORIOUS SIGN REVIEW BOARD, CRITERIA FOR
DESIGNATION OF MERITORIOUS SIGNS, AND A LIMITATION
ON Fll..ING PERIOD FOR SIGN ADJUSTMENT APPLICATIONS
FOR NON-CONFORMING SIGNS AND TO CLARIFY THE
PROCEDURES FOR ENFORCEMENT OF TlIT SIGN CODE"
Motion by Mayor Pro Tern Genser, seconded by Councthnernber BloolR to
adopt the ordmance, readmg by tltle only, and walVmg further readmg
thereof The motlon was approved by the followmg vote
AYES
Councilmembers Bloom, McKeown, Holbrook, Mayor Pro
Tern Genser, Mayor O'Connor
Councllmembers F emstem, Rosenstem
None
NOES
ABSENT
CounCllmember F einstem, stated for the record, that although he agrees WIth
this ordmance 99%, he feels that the timing schedule has the potential of
bemg less helpful and effiCIent, and more confusmg to the people who want
to appeal
9-A Fabrication and installation of the Solar Web, a permanent public
artwork for the South Beach - recommendatlon to authorize the CIty
Manager to negotIate and execute a contract With Nancy Holt, m the
amount of$195,000, to construct and mstall Solar Web at the recommended
SIte
On order of the Mayor, the pubhc heanng was opened The followmg
members of the pubhc spoke m support of the project Laune Newman,
representmg State Assembly person Shetla Kuhel, Ann Hiller, representing
State Senator Tom Hayden, Elena Allen, Mark Ayres, Bruna Fmkel, Jorge
Pardo, Dolores Press, Ruth Greene, Patnc1a Hoffinan, Paul Leaf, Denrus
Zane, Sally Breiter, Jerry Rubm, Roger Genser, Tom Eatherton, Carl
Fiacco, Cheryl Walker, Y OSS1 Govrin, Linda Sulhvan, Ian WIlhamson,
Shoshana Blank, Carol Ann Konardes, Eddi W olk, Maya Emsden, Coos de
Carlo, Such Branfman, Torrey Bndgmon, George MlVardos, Ron DavIs,
K I Jolson, Cameron McNall, Carl Cheng, Adam Fmkel, and COOstme
Hardy
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September 28, 1999
1036
The followmg members of the pubhc spoke in opposition to the project I
Peter DaVidson, Stephen Unger, Kathleen Unger, Jean Ann Holbrook, Polly
Benson Brown, Emmalie Hodgm, Bob Friday, Lmda Lancaster, John Petz,
Zma Josephs, Jean Sedlllos, NIck Steers, Jamar Schoesson, and R1chard
Keating
RECESS On order of the Mayor, the CIty CouncIl recessed at 953 pm, and then
reconvened at 10 41 pm, WIth all members present
SOLAR WEB (CONT'D) Considerable discussion ensued regardmg comments made by members of
the pubhc, concerns voiced for and agamst, the benefits of publIc art, use of
open space at the beach, safety concerns, and potentIal CIty habIltty
Mohon by Counctlmember FeinsteIn, seconded by Councdmember Bloom,
to continue the meeting past II 00 P m The motion was unanimously
approved by V01ce vote, With all members present
MotlOn by Mayor Pro Tem Genser, seconded by Counctlmember
Rosenstein, to approve the recommendation The mohon failed by the
follOWIng vote
AYES
Councilmembers Rosenstem, McKeown, Mayor Pro Tern I
Genser
Councllmembers Holbrook, Femstem, Bloom, Mayor
o . Connor
None
NOES
ABSENT
PUBLIC HEARINGS: 10-A Recommendation to hold a public hearing, receive public input,
AFFORDABLE HOUSING and approve the Draft Administrative Guidelines for the Affordable
Housing Production Program.
On order of the Mayor, tlus matter was contmued to October 5, 1999
RESOLUTIONS: 12-A Resolution No. 9448 (CCS) entitled: "A RESOLUTION OF
PUBLIC ATTORNEYS' THE CITY OF SANTA MONICA AMENDING THli:
LEGAL SUPPORT STAFF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
UNION OF SANTA MONICA AND THE PUBLIC ATTORNEYS' LEGAL
SUPPORT STAFF UNION," was presented
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September 28. 1999
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WRITTEN
COMMUNICATIONS:
1144 5th Street
AFFORDABLE HOME
OWNERSHIP
1037
MotIon by Councdrnember Femstem, seconded by Mayor Pro Tern Genser,
to adopt the resolutIon, reading by tItle only and wmving further readmg
thereof The motIon was approved by the followmg vote
AYES
Counctlrnembers Holbrook, RosensteIn, McKeown,
Feinstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
13-A Request of Pro Se to address Council regarding use offunding
for 1144 S'h Street.
At the request ofMr Pro Se, thIS matter was continued to October 5, 1999
13-B Request of Pro Se to address Council requesting tbat a program
be established to create affordable home ownenhip in the City of Santa
Monica.
At the request ofMr Pro Se, tins matter was contmued to October 5, 1999
PROPOSED 13-C Request of Pro Se to address Council regarding creating a
AFFORDABLE HOUSING program to convert abandoned buildings that create a public nuisance
PROGRAM or endanger public safety into affordable bousing, under existing HUD
program, for use by public safety employees.
At the request ofMr Pro Se, tlus matter was continued to October 5, 1999
ARTIST LIVEIWORK 13-D The request of Penny Olsen to address Council requesting review
SPACES - 1012-1016 PICO and reconsideration of actions taken by the Building and Safety
Department regarding ArtistlLive/Work Spaces at 1012-1016 Pieo
Boulevard, was received as Ms Olsen was not present to submIt same
Members of the publtc Eric Junker and Carl Cheng spoke In support of the
request
On order of the Mayor, the informatlOn was received and filed Staff
proVided an update report on the situatIOn No formal actIon was taken
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September 28, 1999
1038
COUNCILMEMBER
ITEMS:
LANDMARKS
COMMISSION
SOCIAL SERVICES
COMMISSION
ARCHITECTURAL
REVIEW BOARD
PROTECTION FOR
CHILDREN OF
DOMESTIC PARTNERS
Council member Rosenstem
was excused at 12 20 a m
APPROVAL OF TRA VEL
FUNDS
14-A Appointment to one unscheduled vacancy on the Landmarks I
Commission for a term ending June 30,2002.
The Mayor opened the floor for nommatlOns Mayor O'Connor nommated
Ruthann Lehrer to the vacancy There being no other nommatlOns, Ms
Lehrer was appointed to the vacancy by acclamatIon
14-B Appointment to one unscheduled vacancy on the Social Services
Commission for a term ending June 30,2001.
The Mayor opened the floor for nommations Councilmember Feinstein
nominated Eleanor Blumenberg to the vacancy There bemg no other
nommatlOns, Ms Blumenberg was appomted to the vacancy by acclamatlOn
14-C Appointment to one unscheduled vacancy on the Architectural
Review Board for a term ending June 30, 2001.
On order of the Mayor, tlus appomtment was contmued to October 5, 1999
14-D Request of CouDcilmembers McKeown and Bloom that staff
investigate providing protection for the children of new Domestic
Partners in combined tenancies, equal to that provided for the Childrenl
of new spouses in similar situations, and return with suggested
language for Municipal Code amendments.
Motion by Councdmember McKeown, seconded by Councllmember Bloom,
to approve request Motion unanimously approved by VOIce vote, WIth
CounCllmember Rosenstein absent
14-E Request of Council member Rosenstem to approve the use of
budgeted travel funds for any Councilmember wishing to attend the
Smart Growth Symposium sponsored by the California Futures
Network taking place October 6,1999, in Los Angeles.
Monon by CouncIlmember McKeown, seconded by Mayor Q'Connot, to
approve request MotIon unanimously approved by VOIce vote, WIth
Councllmember Rosenstem absent
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September 28, 1999
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PUBLIC INPUT:
CLOSED SESSIONS:
1039
Member of the publIc Chuck Allord spoke tn support of code enforcement
Jerry Rubtn spoke m support ofhavmg fast-food restaurants m the Tlurd
Street Promenade Ron Taylor and Chnstme Schanes VOIced a complamt
agamst the Pohce Department Art Castllas expressed concerns regardmg
the Pollee Department Bnan Hutclnngs spoke m support of the CIty'S PEN
program
16-A
Public Employee Evaluations - Employee Titles: City
Attorney, City Clerk, and City Manager
ACTION No reportable action taken
16-B Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Four.
ACTION Two cases heard No reportable actIon taken
16-C Conference with Legal Counsel- Existing Litigation: Michael
Davis, et aI., v. City of Santa Monica, Case No. 98C00152.
ACTION Not heard
16-D Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Henry Walther, Case No. SC043522.
ACTION Not heard
16-E Conference with Legal Counsel- Existing Litigation: Shober
v. City of Santa Monica, Case No. SS 005575.
ACTION Not heard
16-F Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. 88007078.
ACTION Not heard
to
September 28. 1999
1040
ADJOURNMENT
16-G
Conference with Real Estate Negotiator. I
Property: 1410 Pico Boulevard
City Negotiator: Mark Richter, Economic Development
Manager
Owners of Record: Equilon Enterprises, LLC
Under negotiation: Possible acquisition of real estate
property.
ACTION No reportable action taken
16-H Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Public Attorneys' Legal Support Staff
Union (P ALSSU)
ACTION See item 12-A
On order of the Mayor, the City Council meeting was adjourned at 1245
a m to October 5, 1999
ATTEST
~\_C'~ ~H~~
Mana M Stewart
City Clerk
APPROVED
~l&~l\c1?r-. -
Pam O'Connor
Mayor
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September 28, 1999
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