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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 19, 2000
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Genser at 6:20
p.m., on Tuesday, September 19,2000, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Ken Genser
Mayor Pro Tern Pam O'Connor
Councilinember IDcrurrd Bwom
Councilineniber Michael Feinstein
Councilinember Robert T. Holbrook
Councilinember Kevin McKeown
Councilinember Paul Rosenstein
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS
RECONVENEIPLEDGE
SPECIAL AGENDA
ITEMS:
CLOSED SESSIONS: On order of the Mayor, the City Council convened
at 6:20 p.m., and then adjourned to consider closed sessions. Action taken
on closed sessions was reported at the end of the meeting.
On order ofthe Mayor, the City Council reconvened at 7:37 p.m., with all
members present. Councilinember Bloom led the assemblage in the Pledge
of Allegiance.
4-A: Commendation to Bonnie Freeman for her commitment to the
environment, contribution to sustainability of the community, and
outstanding service to students, schools, and residents ofthe City, was
presented.
Mayor Genser presented the commendation to Bonnie Freeman,
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
The following members of the public commented on the Consent Calendar:
Joey Fullmer and Anita Phillips indicated support for Item 6-A; Jeff
Seymour and Judie Smith spoke in opposition to Item 6-A; Pro Set Terry
Schiller, Jerry Rubin, and Kecia Weller expressed various concerns
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1340
regarding Item 6-A and the need for notification to disabled and seniors; and-
Tom Lannore discussed Item 6-B.
At the request ofCouncilmember Bloom, Item 6-A was removed from the
Consent Calendar. At the request ofCouncilmember Rosenstein, Item 6-B
was removed from the Consent Calendar, There being no other items on the
Consent Calendar, each item was considered individually_
TRANSPORTATION
CONCEPTS, INC.
6-A: Contract for provision of curb-to-curb paratransit and fixed route
shuttle service - recommendation to authorize the City Manager to
negotiate and execute Contract No. 7801 (CCS) with Transportation
Concepts, Inc., in the amount of$I.5 million over a three-year period, to
provide curb-to-curb paratransit service and fixed route shuttle service was
presented.
At the request of Councilmember Bloom, staff provided a staff report and
addressed concerns raised by members of the public.
Motion bv Councilmember Bloom. seconded by Mavor Pro Tern O'Connor,
to authorize the City Manager to approve staff recommendation. The
motion was approved by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
Rosenstein, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
NOES:
ABSENT:
PACIFIC SHORE HOTEL 6-B: Recommendation to approve an amended and restated Pacific
LEASE Shore Hotel lease agreement with Elkor Realty Corporation, including
assignment and modification, and termination of the existing
agreement with Sunstone Hotels, LLC, as outlined in the staff report,
was presented.
At the request of Councilmember Rosenstein, staff provided a staff report
addressing concerns raised by a member of the public.
Motion by Councilmember Rosenstein. seconded by Councilmember
Feinstein, to approve staff recommendation. The motion was approved by
the following vote:
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1341
ORDINANCES:
RAND CORPORATION
AYES:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Mayor Pro Tern O'Connor, and Mayor Genser
Councilmember Holbrook
None
NOES:
ABSENT
Councilmember Holbrook stated, for the record, that he voted in opposition
because he felt the economic advantage of the City was compromised, and
that the public paid for the labor portion of the contract.
END OF CONSENT CALENDAR
8-A: Recommendation to adopt Resolution No. 9571 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING
FINAL ENVIRONMENTAL IMPACT REPORT;" to not adopt
resolution amending the Land Use and Circulation Element of the
General Plan; to adopt Resolution No. 9572 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AMENDING
RECOMMENDED CIVIC CENTER SPECIFIC PLAN POLICIES;
TO ADOPT RESOLUTION ADOPTING STATEMENT OF
OVERRIDING CONSIDERATIONS;" and introduction and first
reading of an ordinance approving a Development Agreement between
the City and the RAND Corporation.
Motion by Mayor Genser. seconded by Councilmember Rosenstein. to
provide the RAND representatives 20 minutes to present the matter. The
motion was approved by voice vote, with all Councilmembers present.
On order ofthe Mayor, the pubic hearing was opened. Jim Thompson, Paul
O'Neil, Paul Dana, and Michael Rich, representing RAND, presented the
proposed project.
Mark Gold and Matt Peterson spoke in support of the project and
encouraged the Council to require the design of the building meet LED
certification:
Members of the public Joey Fullmer, Brian Hutchings, and Daniel Gregory
expressed various concerns.
The following members of the public spoke generally in support of the
project and expressed various concerns: Jay Fiondella, Steve Brackett,
Shane Talbot, Merpad Farvar, Ken Feingold, Rodney Punt, Susan F. Rice,
Eric Parlee, Dorothy Chapman, Betsy Hiteshew, Irene Zivi, Judith Brunk,
Albert Okuma, Monika White, Bryce Benjamin, Maria Arechaederra, Ann
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1342
Greenspun, Graham Wong, Dan Ehrler, Nathan Pratt, Tom Larmore, Jean
McNeil Wyner, Ralph Mechur and Ellen Brennan. Member of the public
Jon Markowitz spoke against the project.
RECESS
On order ofthe Mayor, the City Council recessed at 10:36 p.m., and
reconvened at 10:55 p.m., with all members present,
Michael Meyer and Michael Rich provided rebuttal and summary of the
project.
Motion by Councilmember McKeown. seconded by Councilmember
Feinstein. to continue past 11 :00 p.rn. The motion was unanimously
approved by voice vote, with all Councilmembers present.
Motion by Mayor Genser. request that RAND redesign the building with a
scale that is more compatible with a pedestrian oriented Civic Center. The
motion died due to lack of a second.
Motion by Mayor Genser. seconded by Councilmember McKeown. to
require an east/west pedestrian path through the building, subject to hours of
operation. The motion failed by voice vote, with Councilmembers Feinstein,
Bloom, Holbrook, Rosenstein, and Mayor Pro Tern O'Connor voting in
opposition.
Motion by Councilmember Bloom. seconded by Councilmember Holbrook.
that building paths be considered as part of the Council's consideration of
the overall Civic Center Plan modifications that may be made and what
would be done with the land, and that RAND develop what the community
determined.
Motion to amend by Councilmember Feinstein. that should the public
process suggest deviation from the path as RAND drawings suggested that
RAND would agree to participate in that deviation. The motion was
accepted as friendly.
The amended motion was unanimously approved by voice vote, with all
Councilmembers present.
Motion by Councilmember Holbrook. seconded bv Councilmember
Rosenstein. to end the meeting at 2:00 a.rn. The motion failed by the
following vote:
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Sentember 19. 2000
343
ABSENT
Councilmembers Holbrook and Rosenstein
Councilmembers Feinstein, Bloom, McKeown, Mayor Pro
Tern O'Connor, and Mayor Genser
None
AYES:
NOES:
Motion by Mayor Genser. to have the setback at 27-feet as recommended by
the design consultant. The motion died due to lack of a second.
Motion by Councilmember Holbrook. seconded by Councilmember
Feinstein. to remove the step out on the north side of the building. The
motion was withdrawn. Substitute motion by Councilmember Bloom.
seconded by Councilmember Holbrook. to approve Option 3 as presented by
the architect. The motion was withdrawn.
By consensus, the Council determined to require the electrical transformers
be in the building or underground.
Motion by Mayor Genser. seconded by Mayor Pro Tern O'Connor. to delete
the fins and eyebrows, and require reflective glass. The motion failed by the
following vote:
AYES:
Councilmember Feinstein, Mayor Pro Tern O'Connor, and
Mayor Genser
Councilmembers Bloom, Holbrook, Rosenstein, and
McKeown
None
NOES:
ABSENT:
Motion by Councilmember Rosenstein. to require the building to achieve a
LED standard certification. The motion died due to lack of a second.
Motion by Councilmember Feinstein. seconded by Councilmember
McKeown.. to prohibit staging of construction process on Main Street,
minimize construction staff parking west of Ocean and that staff work on the
truck routing to minimize the Ocean Avenue traffic, The motion was
unanimously approved by voice vote, with all members present.
Motion by Mayor Genser. seconded by Councihnember Feinstein. to, at the
City's option, require paving for the construction staff parking log to
minimize dust, The motion was unanimously approved by voice vote, with
all members present.
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1344
Motion by Councilmember Holbrook. seconded bv Councilmember
Feinstein. to adopt Resolution No. 9571 (CCS), certifYing the EIR. The
motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
Motion by Councilmember Bloom. seconded by Councilmember Holbrook.
to adopt Resolution No. 9572 (CCS), Statement of Overriding
Considerations. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
Motion by Councilmember Feinstein. seconded bv Mayor Pro Tern
O'Connor. to defer remaining action of introducing the ordinance, direct
staff to redraft the documents to reflect the discussion and the decisions
made, and return to Council. The motion was approved by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser
None
None
On order of the Mayor, the introduction and first reading of the ordinance
was continued to October 3,2000.
SANTA MONICA
COLLEGE PARKING
STRUCTURE'
8-B: Resolution certifying the Final Environmental Impact Report
evaluating impacts of the proposed Parking Structure B Replacement
at Santa Monica College; resolution making necessary CEQA findings
to approve an amendment to existing Development Agreement, and
Councilmembers Holbrook, adopting Statement of Overriding Considerations and Mitigation
Rosenstein, and Mayor Pro Monitoring Plan; and, introduction and first reading of an ordinance
Tem 0 'Connor were excused adopting the Second Amendment to the Development Agreement
at 2:30 a.m. between the City and Santa Monica College.
On order ofthe Mayor, this matter was continued to October 3,2000.
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1345
ATM SURCHARGES
RESOLUTIONS
STAFF
ADMINISTRATIVE
ITEMS:
WRITTEN
8-C: Introduction and first reading of an ordinance suspending Santa
Monica Municipal Code Section 4.32.040 related to automated teller
machine surcharges, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember Bloom,
to introduce ordinance for first reading. The motion carried by the
following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, and Mayor
Genser
None
Councilmembers Rosenstein, Holbrook, and Mayor Pro Tern
0' Connor
NOES:
ABSENT:
l2.A: Resolution authorizing the City Manager to execute a
Memorandum of Understanding with Supervisors Team Associates,
was presented.
Motion by Councilmember Bloom. seconded by Councilmember Feinstein.
to adopt Resolution No. 9573 (CCS). The motion carried by the following
vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, and Mayor
Genser
None
Councilmembers Rosenstein, Holbrook, and Mayor Pro Tern
0' Connor
NOES:
ABSENT:
9-A: Approval of agreement for joint use of facilities with Santa
Monica College for use of the new Municipal Pool - recommendation to
authorize the City Manager to negotiate and execute an agreement for joint
use offacilities with the Santa Monica College, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember Bloom.
to continue to October 3,2000. The motion carried by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, and Mayor
Genser
None
Councilmembers Rosenstein, Holbrook, and Mayor Pro Tern
0' Connor
NOES:
ABSENT:
l3-A: Request of Pro Se to address Council requesting Council to go
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1346
COMMUNICATIONS:
STATE DISABILITIES
COMMISSION
on record in support of establishment of a California State Disabilities I
Commission and to direct staff to contact other cities urging their
support, was presented
Member of the public Pro Se addressed the Council regarding the need for
establishment of a California State Disabilities Commission, Member of the
public Brian Quincy Hutchings spoke in support ofthe item.
On order of the Mayor, the information was received and filed.
PROPOSITION Y
13-B: Request of Ralph Mechur, representing the Yes for Kids
Committee, requesting that Council endorse Proposition Y, the parcel
tax measure, was presented.
Member of the public Ralph Merchur requested the Council's support of
Proposition Y. Member of the public Brian Quincy Hutchings discussed
mathematics curriculum.
Motion by Councilmember Bloom. seconded by Councilmember McKeown.
to approve the request that the Council endorse Proposition Y. The motion
carried by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, and Mayor
Genser
None
Councilmembers Rosenstein, Holbrook, and Mayor Pro Tern
0' Connor
NOES:
ABSENT:
JOHN J. COLUCCIO
13-C: Request of John J. Coluccio that Council consider purchasing the
property located at 137, 145 and 147 Bay Street because the current
owners have filed an Ellis Act application, and to preserve rental
housing for existing tenants and for future low-income tenants.
The Mayor announced that this matter had been withdrawn.
COUNCILMEMBER 14-A: Appointment to one unscheduled vacancy on the Housing
ITEMS: Commission for a term ending June 30, 2001.
HOUSING COMMISSION
APPOINTMENT On order of the Mayor, this matter was continued to September 26,2000.
LANDMARKS
COMMISSION
APPOINTMENT
14-B: Appointment to one unscheduled vacancy on the Landmarks
Commission for a term ending June 30, 2002.
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1347
SOCIAL SERVICES
COMMISSION
APPOINTMENT
PIER RESTORATION
CORPORATION
APPOINTMENT
PLANNING
COMMISSION
APPOINTMENT
BA YSIDE DISTRICT
CORPORATION
APPOINTMENT
OUR TIMES
RESIGNATION OF
JORGE PARDO
On order of the Mayor, this matter was continued to September 26,2000.
14-C: Appointment to one unscheduled vacancy on the Social Services
Commission for a term ending June 30, 2002.
On order of the Mayor, this matter was continued to September 26, 2000.
14-D: Appointments to two full terms on the Pier Restoration
Corporation for terms ending November 10, 2003.
On order of the Mayor, this matter was continued to September 26,2000.
14-E: Appointment to one unscheduled vacancy on the Planning
Commission for a term ending June 30, 2002.
On order of the Mayor, this matter was continued to September 26, 2000.
14-F: Appointment to one annual vacancy on the Bayside District
Corporation for a term ending June 30, 2004, was presented.
On order of the Mayor, the floor was opened for nominations to the Bayside
District Corporation.
Councilmember Feinstein nominated Henry Lichtman, to fill the one vacancy
on the Bayside District Corporation for a term ending June 30, 2004, There
being only one nomination, Henry Lichtman was appointed by acclamation,
with Councilmembers Holbrook, Rosenstein, and Mayor Pro Tern O'Connor
absent.
14-G: Request of Councilmember McKeown and Councilmember
Bloom that the Council adopt a resolution expressing its deep regret
over the decision of the Los Angeles Times and its parent corporation,
the Chicago Tribune, to discontinue publication of the Santa Monica
edition of Our Times; and conveying the City's thanks and
appreciation to the staff of Our Times for their service to our
community and commitment to high journalistic standards.
On order of the Mayor, this matter was continued to September 26,2000.
14-H: Acceptance of Jorge Pardo's letter of resignation from the Arts
Commission and authorization for the City Clerk to publish the
vacancy.
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PUBLIC INPUT:
CLOSED SESSIONS:
On order of the Mayor, this matter was continued to September 26,2000.
Member of the public Brian Hutchings discussed mathematics curriculum.
On order of the Mayor, the City Council recessed to closed session at 2:44
a.m., and reconvened at 3:01 a.m., to report on the following:
16-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Supervisors Team Associates (STA)
ACTION: Heard. See action taken on 12-A.
Conference with Legal Counsel - Existing Litigation: Bank of
America v. City of Santa Monica. et at, Case No. 99-4817
(VRW) (U.S. Dist. Court, ND Council Member Alonso).
ACTION: Heard. No reportable action taken.
Conference with Legal Counsel- Existing Litigation: CGU v.
City of Santa Monica, Case No. SC 060 830.
Motion By Councilmember Bloom. seconded by Councilmember Feinstein,
to approve settlement in the amount of$67,125.00. The motion was
approved by the following vote:
AYES:
Councilmembers Bloom, Feinstein, McKeown, Mayor
Genser
None
Councilmembers Holbrook, Rosenstein,
Mayor Pro Tern O'Connor
NOES:
ABSENT:
Conference with Legal Counsel - Existing Litigation:
Lawrence v. City of Santa Monica, Case No. SC 056 171.
ACTION: Not heard.
Conference with Legal Counsel- Existing Litigation: Godla v.
City of Santa Monica, Case No. SC 058 734.
Motion By Councilmember Bloom. seconded by Councilmember Feinstein,
to approve settlement in the amount of$35,000.00. The motion was
approved by the following vote:
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1349
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown,
Mayor Genser
None
Councilmembers Holbrook, Rosenstein,
Mayor Pro Tern O'Connor
Conference with Legal Counsel- Existing Litigation: Rest v.
Citv of Santa Monica, Case No. BC 230 265.
Motion By Councilmember McKeown. seconded bv Councilmember Bloom,
to approve settlement in the amount of$47,500.00. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Bloom, Feinstein, McKeown,
Mayor Genser
None
Councilmembers Holbrook, Rosenstein,
Mayor Pro Tern O'Connor
Conference with Legal Counsel - Existing Litigation: Daniel
Reves v. Citv of Santa Monica, Case No. SC 057 195.
ACTION: Not heard.
16-H: Conference with Legal Counsel - Existing Litigation: Santa
Monica Housine: Council v. Citv of Santa Monica, Case No.
BC 230 106.
ACTION: Heard. No reportable action taken.
Conference with Legal Counsel - Existing Litigation:
Foodmaker. Inc. v. Citv of Santa Monica, Case No. SS 007
078.
ACTION: Not heard.
Conference with Legal Counsel - Existing Litigation: Alice
Cole. et at. v. City of Santa Monica, Case No. SC 055183.
ACTION: Not heard.
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1350
16-K: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Seven.
Motion by Councilmember Bloom. seconded by Mayor Genser, to approve
settlement for Joseph Merion and Ruth Ann Bates' claims in the amount of
$825,000 for the Tai Merion case.
AYES:
Councilmembers Bloom, Feinstein, McKeown,
Mayor Genser
None
Councilmembers Holbrook, Rosenstein,
Mayor Pro Tern O'Connor
NOES:
ABSENT:
ADJOURNMENT:
On the order of the Mayor, the City Council's regular meeting was
adjourned at 3: 11 a.m..
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September 19, 2000