M-8/10/1999 (2)
982
CITY OF SANTA MONICA
I
CITY COUNCIL MINUTES
AUGUST 10~ 1999
A regular meetmg of the Santa Moruea City CouncIl was called to order by Mayor O'Connor at
620 pm, on Tuesday. August 10, 1999, 1999, at City CouncIl Chambers, 1685 Mam Street
Roll Call
Present
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councllmember MIchael Femstem
Councllmember Roben T Holbrook
CouncIlmember Kevm McKeown
Councilmember Paul Rosenstein
Absent Councllmember RIchard Bloom
Also Present CIty Manager John Jahh
City Attorney Marsha Jones Moutne
CIty Clerk Mana M Stewart
CLOSED SESSIONS CLOSED SESSIONS On order of the Mayor, the CIty CouncIl convened I
at 6 20 pm, with Councilmember Bloom absent, and then adjourned to
consIder closed seSSIons ActIon taken on the closed seSSIOns was reported
at the end of the meetmg
RECONVENEIPLEDGE On order of the Mayor the City Counell reconvened at 7 21 pm, wIth
Couneilmember Bloom absent Councilmember McKeown led the
assemblage m the Pledge of Allegiance
CONTINUED ITEMS 5-A Annual and unscheduled vacancy appointments to the following
board and commission vacancies: (Continued from July 20,1999)
Arts CommISSIOn - 1 term ending June 30,2003
BaysIde DIstnct CorporatIon - 2 terms endmg June 30, 2002
L A Co West Vector Control Distnct - 1 term ending December 31, 2000
At the request ofCounctlmemher McKeown, the Arts ConumssIOn's
vacancy was contmued to a meetmg when all Counctlmembers are present
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August 10, 1999
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CONSENT CALENDAR:
MINUTES
EARTHQUAKE
RECOVERY
1525 EUCLID
983
At the request of Co un cd member Femstem, the Bayslde Dlstnct
CorporatlOn and West Veetor Control vacanCIes were contmued to August
17,1999
The Consent Calendar was presented, whereby all Items are conSIdered and
approved m one motIOn unless removed from the calendar for dIScussIon
Members of the pubhc Joy Fullmer, Chuck Allord, and Bnan Hutchmgs
addressed vanous Issues relatIve to Consent Calendar Items
At the request of Co un cd member Holbrook, Item 6-D was removed from
the Consent Calendar At the request of Councdmember McKeown, Items
6-G and 6-1 were removed from the Consent Calendar
Mobon by Councdmember Femstem, seconded by Councdmember
McKeown, to approve all Items on the Consent Calendar as presented,
readmg resolutIons and ordmances by title only and waIvmg further readmg
thereof The motlOn was approved by the followmg vote
AYES
Councdmembers Holbrook, Rosenstem, McKeown,
Femstem, Mayor Pro Tem Genser, Mayor O'Connor
None
Councdmember Bloom
NOES
ABSENT
6-A The minutes of the June 1, June 2, and June 8, 1999, CIty Councd
meetmg, were approved as subnutted
6-B Earthquake Recovery ResolutIOn - Resolution No 9425 (CCS) (CCS)
entItled "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THF. EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
6-C Resolution No 9426 (CeS) entItled "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING A WAIVER OF
BIDDING REQUIREMENTS FOR THE CONSTRUCTION OF A
COMMUNITY SPACE AT 1525 EUCLID STREET PURSUANT TO
MUNICIPAL CODE SECTIONS 2.24.071(d)(1) AND 2.24.071(d)(3),"
was adopted
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August 10, 1999
984
OCTOBERFAIR 5-K RUN 6-E ResolutIOn No 9427 (CCS) enntled "A RESOLUTION OF mE I
CITY OF SANTA MONICA AUTHORIZING ST. MONICA'S
CHURCH TO CONDUCT THE OCTOBERFAIR 5K RACE ON
SEPTEMBER 25, 1999, ON A ROUTE OTHER THAN ONE OF THE
OFFICIAL CITY ROUTES AND WAIVING THE FEE FOR THE
RACE," was adopted
VENICE CHRISTMAS
5/10-K RUN
REVIEW AND
INSPECTION SERVICES
6-F ResolutIOn No 9428 (eeS) entitled "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING HARVEST HO~IE TO
CONDUCT THE 22:\-0 ANNUAL CHRISTMAS VENICEIMARINA
5/10K RUN ON DECEMBER 11, 1999, ON A ROUTE OTHER THAN
ONE OF Tlf~ OFFICIAL CITY ROUTES AND WAIVING THE FEE
FOR THE RACE," was adopted
6-H Contract for provision of plan review and inspection services, and
contract for temporary inspection and engineering staff -
recommendatIOn to authonze the City Manager to negotiate and execute
Contract No 7560 (CCS) with ICBO and Contract No 7561 (eeS) ESGll
CorporatIOn, m the cumulative amount of$250,000, to provide plan review
and inspection servJ.ces, and Contract No 7562 (eeS) With W1l1dan &
ASSOCiates, m the amount of$150,000, to proVide temporary mspectlon and
engmeering staff for the Buddmg and Safety Dlvision, was approved
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SEWER DRAIN PROJECT6-J Contract for repair of earthquake-damaged sewer drains in
various City locations - recommendatIOn to authonze the City Manager to
negotiate and execute Contract No 7563 (CCS) With Preussag Pipe
RehabilitatlOn, Inc, m the amount of$1,667,568, for repair of sewer mams
m 21 !It Place to 26th Street between San Vicente and W ashmgton Avenue,
and in Princeton Street to Centinela Avenue between Montana and Anzona
Avenues, recommendation to authonze the City Manager to negotlate and
execute Contract No 7564 (CCS) With Harns & ASSOCiates, m the amount
of$320,870, to proVide construction management and mspectIon sefV1ces
for the project, and, recommendation to approve the use of funds as
proposed m the staff report, was approved
CULTURAL ARTS
GRANT PROGRAM
6-D The proposed FY 2000-2003 Funding Criteria for the Santa
Monica Cultural! Arts Organizational Support Grant Program was
presented Staff answered questiOns of CouncIlmember Holbrook regardmg
the fundmg
MotIOn by councllmember Holbrook, seconded by Counci1member
McKeown, to approve staff recommendation The motion was unarumously
approved by voice vote. With councllmember Bloom absent
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August 10, 1999
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TRAFFIC CONTROL
DEVICE INVENTORY
PROGRAM
CONGESTION
MANAGEMENT
PROGRAM
ORDINANCES:
MONTANA AREA
DEVELOPMENT
STANDARDS
985
6-G Contract for development and preparation of computerized
traffic control devices inventory and maintenance management
program - recommendatIon to authonze the City Manager to negotIate and
execute Contract No 7559 (CCS) WIth Echelon Industnes, In an amount not
to exceed $100,000, to develop and prepare a computenzed traffic control
devices Inventory and mamtenance management program, was approved
6-1 Resolution No. 9429 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA FINDING THF. CITY TO BE IN
CONFORMANCE WITH TlIT CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
IMPLEMENTA TION REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089," was
adopted
8-A Introduction and adoption of Emergency Ordinance No. 1950
(CCS), entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE,
RELATING TO THE DEVELOPMENT STANDARDS FOR
PARCELS IN THE R-l DISTRICT AREA BOUNDED BY
MONTANA A VENUE, THE NORTHERN CITY LIMITS, 26TH
STREET, AND OCEAN AVENUE, AND DECLARING THE
PRESENCE OF AN EMERGENCY," was presented
On order of the Mayor, the pubhc heanng was opened The follOWIng
members of the pubhc spoke In favor of the ordmance Mary Hubber,
Wilham Creber, DIego Sanchez-Ehz, Chuck Allard, Dee Shoh, Bob Pasek,
Susan BeIsberg, Maro Jo Stenger, Darrell Clark, Caldecott Chubb, VIctor
Fresco, Dons Sosm, and Laune Nafshur
The follOWIng members of the pubhc spoke agamst the proposed ordInance
Patrick Farrell, Gordon Devol, MIchael Natrn., Paul Morrow, and Mark
Kramer
The followmg members of the pubhc expressed vanous concerns, mcludmg
but not limited to, the need for an emergency ordInance, parking, need for
fleXIbIhty of standards, suggested modtficatIons, enforcement, SIde yards,
and set backs Randy Smenberg, John Jurenka, RIchard SIllith, Y ousef J alall,
Tom KaIser, Norm Peterson, J Charles, Ene Parlee, Jean SedI1los, Gary
Torpy, ChffGoldstein, and Joy Fullmer
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August 10, 1999
986
Motion by councilmember McKeown, seconded by Mayor Pro Tern Genser, I
to mtroduce and adopt the ordinance, reading by tItle only and WRlvmg
further readmg thereof
DIscussion ensued regardmg defirutlOns of front yards, back yards and
setbacks, and the exception language contRlned m the proposed ordInance
relatIve to excavatIon The City Attorney prOVided language to clanfy the
proposed exception language
MotIon to amend by Mayor Pro Tern Genser, to change the last sentence on
page 14 of the proposed ordmance to read However, In the area bounded
by Montana A venue, the northern elfy lImits, 2(Jh Street and Ocean
A venue, no excavatIOn for a dnveway, stam-fay, doorway, light-well,
It'mdow-', or other such element to a subterranean or semi-subterranean
garage or basement shall be permlfted lfl the front yard setback area; this
provision may not be modified by the Architectural Review Board The
motion to amend also mcludes the change ofthe word "vertical" to
"honzontal" on page 12 of the proposed ordmance The amendment was
accepted as fuendly by the maker of the motIon
It was the consensus of CouncIl that the motion also includes correctlOns
proposed by staff, mamly on page 11, the phrase" or, If there IS an al1eY'1
from the alley centerline "be deleted from the last sentence, and on pag
12, the last sentence, "In no case, however, shall the required mmnnum
setback on one SIde be greater than 15 feet " also be deleted
Mobon by Councllmember Rosenstem, to mtroduce and hold first reading of
tlus ordinance, and not adopt as an emergency ordmance but adopt on
second readmg at the next Council meetmg The motIOn died for lack of a
second
The mam motIon was approved by the followmg vote
AYES
Counctlmembers Femstem, McKeown, Rosenstem,
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
Councilmember Bloom
NOES
ABSENT
RECESS
On order of the Mayor, the City CouncIl recessed at 1004 pm, and
reconvened at 10 31 pm, With Councdrnember Bloom absent
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August 10, 1999
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1 % BIDDING
PREFERENCE
MORATORIUM ON
MUL TI-FAMIL Y
CONSTRUCTION
EXCLUSION
987
8-B Introduction and first reading of "AN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 2 OF THE
MUNICIPAL CODE TO PROVIDE A 1 % BIDDING PREFERENCE
FOR SANTA MONICA BUSINESSES."
On order of the Mayor, the pubhc heanng was opened Members of the
public Joy Fullmer and Bnan Hutclnngs expressed vanous concerns
Motion by Counctlmember Femstem, seconded by Councllmernber
McKeown, to mtroduce and hold first readmg of the ordInance, readmg by
tItle only and WaIVIng further readIng thereof The motIon was approved by
the followmg vote
AYES
Councllmembers Holbrook, McKeown, FeInstem,
Mayor Pro Tern Genser, Mayor O'Connor
Councdrnember Rosenstem
Councilmember Bloom
NOES
ABSENT
8-C Introduction and first reading of an interim ordinance amending
the moratorium on multi-family construction to exclude tentative tract
maps and tentative parcel maps submitted on or before May 25,1999.
On order of the Mayor, the pubhc heanng was opened Ken Kutcher, on
behalf of a client, spoke in support of allowing hearings on the ments of a
project R Wnght expressed vanous concerns
MotIon by Counctlmember FeInstem, seconded by Councllmember
McKeown. to introduce and hold first reading of the ordmance, readIng by
title only and waivlng further reading thereof, amended to delete on page 2
of the proposed ordinance the phrases "development reVIew permits" and
<<condItIOnal use permIts " The motIon was approved by the followmg vote
AYES
Councllmembers Feinstein, McKeown, RosensteIn,
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
Councllmember Bloom
NOES
ABSENT
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August 10, 1999
988
STAFF ITEMS: 9-A Contract for construction for the Sunset Park and Mid-City I
SUNSET PARK TRAFFIC Neighborhood Traffic Improvements, appropriation of funds, and
IMPROVEMENTS contract amendment for design support services for the project-
recommendatton to authonze the City Manager to negottate and execute a
Contract No 7565 (CCS) WIth PInta CorporatIOn, In the amount of
$1,117,500, for the construction traffic Improvements, authonze the City
Councllmember Holbrook Manager to negotIate and execute an amendment to Contract No
was excused at 10'56 pm. 6609(CCS) WIth Katherme SpitZ AsSOCiates, m the amount of $45,000, for
deSign support services dunng construction of the Improvements, and,
appropnate $387,680 from the General Fund as proposed
Councllmember Holbrook recused htmselffrom thts matter at 10 56 pm,
due to a potential confhct of mterest
Motion by Counctlmember Femstem, seconded by Mayor Pro Tern Genser,
to contmue the meetmg past 11 00 P m The motIon faded With
Counctlmemher Rosenstem and Mayor Pro Tern Genser votmg agamst, and
Counctlmembers Bloom and Holbrook absent
Motion by Mayor O'Connor, seconded by Mayor Pro Tern Genser, to
contmue the rneetmg through the end of tlus matter and then diSCUSS the
remamder of the agenda The motion was approved by VOIce vote, WIth I
Counctlmembers Bloom and Holbrook absent
On order ofthe Mayor, the pubhc heanng was opened Ron Roose spoke m
support of the project Bob Holbrook spoke ill favor of addressmg
blcychsts' safety when constructmg the project Bnan Hutchmgs and R
Wnght expressed vanous concerns
Motton by Mayor Pro Tern Genser, seconded by Counctlmember F einstem.,
to approve recommendatIon The motton was approved by the followmg
vote
AYES
Counctlmembers Rosenstem, McKeown, Femstem,
Mayor Pro Tern Genser, Mayor O'Connor
None
Counctlmernbers Bloom, Holbrook
NOES
ABSENT
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August 10, 1999
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DISCUSSION ON
REMAINING AGENDA
ITEMS
Counctlmember Holbrook
returned at 11 15 P m
PUBLIC HEARINGS:
V ACA TION OF
PROPERTY
WRTITEN
COMMUNICATIONS:
DOG PARKS
989
Discussion ensued as to the Items remmmng on the agenda, the amount of
tIme needed to address the Items, and the number of written requests from
members of the pubhc
MotIon by Mayor Pro Tern Genser, seconded by Mayor O'Connor, to hear
the CouncIl appointments to boards and C01l11ll1SS10nS as a 5-1tem at the next
CouncIl meetmg, that Council hear Item 13-A and 13-C, to consohdate and
hear Items 14- A, B and C, and, to hear Item 10- A The motIon was
unammously approved by vOIce vote, Wlth Councdmember Bloom absent
lO-A Public hearing for proposed vacation at Wilshire Place and 15th
Court and resolution ordering vacation of property - recommendatlOn to
hold a pubhc heanng and receIve public comment on proposed vacatIon, and
to adopt Resolutlon No 9430 (CCS) entitled "A RESOLUTION OF THE
CITY OF SANTA MONICA ORDERING THE VACATION OF EXCESS
STREET RIGHT-OF-WAY AND PUBLIC SERVICE UTILITY
EASEMENTS IN WILSHIRE PLACE SOUTH AND ISIH COURT
ALLEYS IN THE CITY OF SANTA MONICA"
On order of the Mayor, the pubhc heanng was opened Suzanne Wtlton
spoke In support of the project
MotIon by Mayor Pro Tern Genser, seconded by Councilmember Femstem,
to approve staff recommendatIon and adopt the resolution reading by tale
only and waJvmg further readmg thereof The motIon was approved by the
followmg vote
AYES
CounCllmembers F emstem, McKeown, Rosenstem,
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
Counctlmember Bloom
NOES
ABSENT
I3-A The request of Roger Jon Diamond to address Council and
request to terminate the dog park on Main Street and Pacific was
presented.
The folloWlng members of the public spoke in opposItIon to the request Liz
Carranza, Stepharue Spehopoulous, Janelle MIchel, Josh Grossberg, and
Paul Hellerman
On order of the Mayor, the request was receIved and filed No formal
actIon was taken
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August 10, 1999
990
SANTA MONICA
AIRPORT
24-HOUR PARKING
PREFERENTIAL
PARKING ZONE
VIRGINIA PARK
ADVISORY BOARD
INDUSTRIAL POLICY
13-B Request of Brian Hatton to address Council regarding jet traffic I
at the Santa Monica Airport and requesting legislation to protect the
health of affected residents .
On order of the Mayor, tills matter was contmued to August 17, 1999
13-C The request of Gary Bonhart, George Hess, et al., to address
Council requestmg 24-hour permit parking on the west side of Ocean
Avenue, north of California, and to request that hotels provide parking
for their employees, was presented.
Members of the pubhc Chuck Allord, Elbot Anderson, DaVid Shermerhar,
Eugene Hess, Danae Torn, and ~fmam Rothman spoke in support of the
request
On order of the Mayor, staff was dIrected to analyze OptIOns and return to
CouncIl WIth an mformatlon Item
13-D Request of Corky Harvey and Wendy Haldeman requesting
Council discuss the effects of parking restrictions resulting from
Preferential Parking Zone S8 in order to arrive at a fair solution for
residents and businesses within the area and the immediate vicinity. I
Members of the pubhc Janet McLaughlIn and Brenda Sutter-Wtlhs spoke m
support of the request
On order of the Mayor, due to the lateness of the hour, tills matter was
contInued to August 17. 1999
13-E Request of Andrew Adams to address Council regarding the
Virginia Park Advisory Board, recommending that members who were
removed from the Board be reinstated and be given a certificate of
appreciation.
On order of the Mayor, tlus matter was contJnued to August 17, 1999
13-F Request of Brian Hutchings to address Council regarding
establishing an industrial policy.
On order of the Mayor, tlus matter was contInued to September 7, 1999
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August 10, 1999
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PEN NEWSLETTER
SCHOOL CLASS SIZE
SPECIAL FIREWORKS
DISPLAY
SITE FOR DANCE
CLASSES
COUNCILMEMBER
ITEMS:
RESIGNATIONS
991
13-G Request of Brian Hutchings to request that Council direct stafT
to publish a PEN-related newsletter.
On order of the Mayor, tIns matter was contmued to September 14, 1999
13-H Request of Bnan Hutchings to address Council regarding school
class-size reductions and the construction of Belmont High School.
On order of the Mayor, tIns matter was contmued to August 17, 1999
13-1 Request ofW. Gregory Montgomery requesting permission for a
special post-wedding fireworks display on August 28, 1999.
On order of the Mayor, tlus matter was contmued to August 17, 1999
13-J Request of Carolyn Berger to address Council regarding
assistance in finding appropriate site for flamenco and tap dance
classes for the Santa Monica Senior and Community Programs.
On order of the Mayor, tlus matter was contmued to August 17, 1999
On order of the Mayor, the followmg three ltems were heard as one
14-A Recommendation to accept Mary Kay Hight's letter of
resignation from the Landmarks Commission and authorization to the
City Clerk to publish the vacancy.
14-B Recommendation to accept Jose Sigala's letter of resignation
from the Social Services Commission and authorization to the City
Clerk to publish the vacancy.
14-C Recommendation to accept Susan White's letter of resignation
from the Architectural Review Board and authorization to the City
Clerk to publish the vacancy.
Motion by Councdmember McKeown, seconded by Councdmember
Femstem, to accept the letters ofreslgnatlOD, With regrets Mohon
unammously approved by VOIce vote, WIth Councllmember Bloom absent
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August 10, 1999
992
APPOINTMENTS
PUBLIC INPUT:
CLOSED SESSIONS:
14-D Appointment to one unscheduled vacancy on the Commission onl
Older Americans for a term ending June 30, 2001.
On order ofthe Mayor, tlns matter was contInued to August 17, 1999 as a
5-ltem
14-E Appointment to one unscheduled vacancy on the Pier
Restoration Corporation for a term ending November 10, 1999.
On order ofthe Mayor, tlns matter was contmued to August 17, 1999 as a
5-ltem
Member of the pubhc Brett Svatek spoke regarding parkIng problems In hIs
neighborhood Chuck Allard spoke regardmg enforcement Issues Art
Casillas spoke regardmg the Vlrglma Avenue Park AdVlsory Board
16-A Conference with Legal Counsel- Existing Litigation: Marc
Miskey v. City of Santa Monica, Case No. CV 97- 4325.
Tlns matter was not heard
16-B Conference with Legal Counsel - Existing Litigation: Brett Carr I
v. City of Santa Monica, Case No. CV 97-8765 (consolidated with
Santa Monica Street Performers Group v. City of Santa Monica. Case
No. CV 98-7473).
No reportable actton was taken
16-C Conference with Legal Counsel- Existing Litigation: John
Recine v. City of Santa Monica, Case No. SC 052 - 376.
Tlns case was not heard
16-D Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Five.
No reportable actIon was taken
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August 10, 1999
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ADJOURNMENT
993
16-E
Conference with Real Property Negotiators:
Property: 820 Broadway
City Negotiators: Jeff Mathieu, City representative
Owners of Record: 828 Broadway Associates, LLC
Under Negotiation: Acquisition of Real Estate Property.
No reportable actIOn was taken
On order of the Mayor, the CIty CouncIl meetmg was adjourned at 1205
am, to August 17, 1999, m memory ofKemeko Dearing, Elizabeth Burns,
and Pete Vasquez
ATTEST
~hn.~ ~G'_~~~
Mana M Stewart
City Clerk
APPROVED
"'~~V11 <<u----
Pam O'Connor
Mayor
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August 10, 1999