CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 29, 1997
An adjourned regular meeting of the Santa Monica City Council
was called to order by Mayor O'Connor at 6:44 p.m., on Tuesday,
April 29, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pamela O'Connor
Mayor Pro Tem Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser (arrived at
6:52 p.m.)
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember Rosenstein led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
INSPIRATION: A moment of inspiration was provided by the John
Adams Middle School Flute Ensemble.
4-A: COMMENDATION/KIWANIS CLUB/75TH ANNIVERSARY: Mayor O'Connor
presented a commendation to the Kiwanis Club in celebration of
their 75th anniversary and in appreciation of their outstanding
service to the community.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Ebner, to hear a group of students from Franklin Elementary
School, who have requested to speak at the Public Input section
of the agenda, at this time. The motion was unanimously
approved by voice vote, Councilmember Genser absent.
PUBLIC INPUT: A group of students from Franklin Elementary
School reported to Council on a parking problem in front of
their school, the measures they have taken to address the
problem, and asked for assistance in correcting same.
Staff was directed to look into the matter and provide any
possible assistance.
On order of the Mayor, the City Council returned to the regular
agenda order.
6. CONSENT CALENDAR: The Consent Calendar was presented,
whereby all items are considered and approved in one motion
unless removed from the calendar for discussion.
Councilmember Genser arrived at 6:52 p.m.
Member of the public Joey Fullmer addressed items on the
Consent Calendar.
At the request of Councilmember Greenberg Item No. 6-H was
removed from the Consent Calendar. At the request of
Councilmember Ebner Item No. 6-E was removed from the Consent
Calendar.
Motion by Councilmember Greenberg, seconded by Councilmember
Feinstein, to approve the Consent Calendar, with the exception
of Item Nos. 6-E and 6-H, reading resolutions and ordinances by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
6-A: MINUTES APPROVAL: The City Council minutes of the regular
City Council meetings of March 25, 1997 and April 8, 1997, and
the Special City Council meeting of March 25, 1997, were
approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9137(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was
adopted.
Staff Report
6-C: SOLE SOURCE PURCHASE ORDER/TRI-HEIGHT STAGES: A sole
source purchase order was awarded to Sico North America, Inc.,
in an amount not to exceed $119,416.91, to furnish and deliver
tri-height stages (risers) for the Event Facilities Division of
the Community and Cultural Services Department.
Staff Report
6-D: AWARD OF BID/UTILITY VEHICLES: Bid No. 2621 was awarded to
Frankson, Inc., in an amount not to exceed $82,169.44, to
furnish and deliver four new utility vehicles for the Parks and
Sports Division of the Community and Cultural Services
Department.
Staff Report
6-F: AWARD OF BID/PERSONAL COMPUTERS: Bid No. 2628 was awarded
to Data Impressions, Inc., in an amount not to exceed
$52,273.93, to furnish, deliver and install twenty-two (22)
personal computers for the Transportation Department.
Staff Report
6-G: REJECT ALL BIDS/UTILITY VEHICLES/FOUR-WHEEL DRIVE: All
bids were rejected to furnish and deliver two new Ford
Expedition utility vehicles submitted under Bid No. 2614, and
all bids submitted were rejected for one four-wheel drive
submitted under Bid No. 2615.
Staff Report
END OF CONSENT CALENDAR
6-E: AWARD OF BID/PRINTING/BROCHURES: Councilmember Ebner asked
questions of staff regarding contributions to and funding of
the publication, and as to the policy issue of advertising
certain businesses in the brochure and not advertising others.
Staff Report
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to award Bid No. 2633 to Delta Graphics, to provide
printing of 200,000 Community Arts brochures for the Cultural
Affairs Division of the Community and Cultural Services
Department, in the total amount of $34,916.72, with the proviso
that staff is asked to review questions and issues raised this
evening in the final editing of the text of the brochure.
Substitute motion by Councilmember Greenberg, seconded by
Councilmember Ebner, to refer this matter to staff to confer
with the City Attorney and return to Council.
Councilmember Rosenstein clarified his motion as follows:
approve the staff recommendation and award Bid No. 2633 to
Delta Graphics, to provide printing of 200,000 Community Arts
brochures for the Cultural Affairs Division of the Community
and Cultural Services Department, in the total amount of
$34,916.72, subject to review and approval by the City
Attorney, and directing staff to review all the concerns raised
by Council.
Councilmember Greenberg withdrew her substitute motion. The
original motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
6-H: SUBORDINATION AGREEMENT/HUD/PROJECT NEW HOPE:
Councilmember Greenberg advised that she removed this item in
order that there be an individual vote and in order to clarify
the financial impacts of the agreement.
Staff Report
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, to approve Contract Nos. 6652(CCS), a subordination
agreement with HUD, and 6653(CCS), an amended City Ground
Lease, both of which contain a condition that allows the City
to cure any material default by Project New Hope prior to the
commencement of foreclosure proceedings by HUD. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Abstain: Councilmember Ebner
Noes: None
Absent: None
The Mayor announced that the next matter to be considered would
be Item No. 7-A, which in turn will be combined with Item No.
8-A.
7-A: APPEAL/SENIOR HOUSING PROJECT/PUBLIC PARKING STRUCTURE:
Presented was Appeal 97-002 and Appeal 97-003 of the Planning
Commission Approval of a 66-unit Senior Housing Project and 165
Public Parking Structure Located at 1136-1144 Fourth Street.
Actions related to the Project Approval include: an ordinance
for introduction and first reading amending Sections
9.04.08.38.050 and 9.04.08.38.090 of Article IX of the
Municipal Code regarding conditionally permitted uses and
design standards in the "A" Off-Street Parking Overlay
District; approval of a Mitigated Negative Declaration;
Variance 95-015 to allow setback encroachments and parcel
coverage in excess of 50%; Conditional Use Permit 97-002 to
allow a parking structure in the "A" Off-Street Parking Overlay
District; and, Development Review 95-002 to allow a development
over 22,500 square feet in the NWR3A District.
Applicants: Menorah Housing Foundation of the Jewish
Federation Council, and
City of Santa Monica
Appellants: Richard Caruso; Rosario Perry for Charmont
Partners, Ltd.
Staff Report
8-A: ORDINANCE/PARKING FACILITIES/"A" OFF-STREET PARKING
OVERLAY DISTRICT: Presented was an ordinance for introduction
and first reading amending Section 9.04.08.38.050 and Section
9.04.08.38.090 of the Santa Monica Municipal Code regarding
conditionally permitted uses and design standards applicable to
parking facilities in the "A" Off-Street Parking Overlay
District.
Staff Report
On order of the Mayor, the public hearing was opened.
Appellant Richard Caruso spoke in support of the appeal and in
opposition to the project.
Rosario Perry, representing appellant Charmont Partners, Ltd.,
spoke in support of the appeal and in opposition to the
project.
Maxwell Kaufer, representing applicant Menorah Housing
Foundation of the Jewish Federation Council, spoke in support
of the project and in opposition to the appeals.
Member of the public Dan Ehrler spoke in opposition to the
proposed senior housing and parking structure projects until a
full Environmental Impact Report and Economic Impact Report are
prepared.
Member of the public Joey Fullmer expressed her concerns.
Members of the public David Novak, Millie Rosenstein, Betty
Mueller, Kay Gilbert, Adine Forman, Marvin Schachter, Neil
Daniels, Ken Schoenfeld, Ernie Powell, Shirley Srery, Dolores
Press, and Dennis Zane spoke in support of the proposed senior
housing and parking structure projects.
On order of the Mayor, the City Council recessed at 9:20 p.m.,
and reconvened at 9:55 p.m., with all members present.
Members of the public Pamela Gach, Daniel Cohen, Rita
Lowenthal, Irene Zivi, Rose Kaufman, Doris Ganga, Beth Leder-
Pack, Stuart Rosenstein, Eric Parlee, Fred Tabib, Mark
Maltzman, and Lewis Blumberg spoke in support of the proposed
senior housing and parking structure projects.
Members of the public Eddie Guerboian, Bob Gabriel, Roy
Morando, Bob Davenport, John Jurenka, Richard Marr, Fumiko
Elia, and Alex Man spoke in opposition to the senior housing
and parking structure projects.
Member of the public John Warfel suggested that additional
levels of parking be considered for this project.
Maxwell Kaufer, representing the applicant, presented a
rebuttal.
Rosario Perry, representing Charmont Partners, Ltd., presented
a rebuttal.
Appellant Richard Caruso presented a rebuttal.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Councilmember Rosenstein, seconded by Councilmember
Greenberg, to continue the deliberations on this item to the
meeting of May 6, 1997. The motion was unanimously approved by
voice vote.
12-A: MEMORANDUM OF UNDERSTANDING/FIREFIGHTERS LOCAL 1109:
(Council took action on these two resolutions after the closed
sessions - see item 16-A.)
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Ebner, to adopt Resolution No. 9138(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF,"
reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Rosenstein, Ebner,
Mayor Pro Tem Holbrook,
Mayor O'Connor
Noes: None
Absent: Councilmembers Genser, Greenberg
12-B: EXECUTIVE PAY PLAN:
Motion by Councilmember Feinstein, seconded by Councilmember
Ebner, to adopt Resolution No. 9139(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE EXECUTIVE PAY PLAN," reading by title only and
waiving further reading thereof. The motion was approved by
the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Feinstein,
Mayor Pro Tem Holbrook,
Mayor O'Connor
Noes: None
Absent: Councilmembers Greenberg, Genser
14-A: PUBLISH CITY COUNCIL AGENDAS/OUTLOOK: Presented was the
request of Councilmember Rosenstein to discuss directing the
City Clerk to publish Council meeting agendas in the Outlook on
a regular basis.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to continue the meeting past 11:00 p.m. The motion was
unanimously approved by voice vote.
There was general discussion as to the goal of this action and
as to looking into other methods to notify the public of agenda
items for City Council meetings.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to direct the City Clerk to publish the City Council
meeting agendas in the Outlook through the remainder of the
current fiscal year, that the publication include a
questionnaire eliciting public input on ways to receive notice,
and ask staff to evaluate this means of communication as well
as others to better inform the public about issues to be heard
by the City Council. The motion was unanimously approved by
voice vote.
14-B: PROGRESS ON IMPLEMENTATION/CHILD CARE MASTER PLAN:
Presented was the request of Councilmember Rosenstein to
discuss directing staff to report to Council on progress made
in implementing the goals in the Child Care Master Plan.
Staff advised that it would report to Council during budget
discussions.
14-C: WAIVER OF CHARGE/USE OF COUNCIL CHAMBERS/CALIFORNIA STATE
LANDS COMMISSION: Presented was the request of Mayor O'Connor
that Council waive the customary charge and approve the use of
the Council Chambers by the California State Lands Commission
to hold a public meeting on Monday, May 12, 1997.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Feinstein, to waive the customary charge and approve the use of
the Council Chambers by the California State Lands Commission
for a public meeting to be held on Monday, May 12, 1997. The
motion was unanimously approved by voice vote.
15: PUBLIC INPUT: Member of the public Chuck Allord discussed
problems he stated he has experienced with the behavior of
employees of the police department.
Member of the public John Jurenka reported on noise and
nuisance problems experienced with the patrons of a local
liquor store that opens before 6:00 a.m.
Member of the public Vince Thomas requested assistance with
resources for acquiring housing for several homeless women.
Member of the public Kevin McKeown spoke in support of the
senior housing and parking structure projects. Mr. McKeown's
input was ruled out of order due to the fact that this issue
was discussed earlier in the meeting.
Member of the public Judy Abdo discussed the frustration
experienced by the public in obtaining information relating to
city issues and urged Council to pay attention to the efforts
the public must make to get such information.
16: CLOSED SESSION: At 11:24 p.m., Council adjourned to closed
sessions and reconvened at 12:17 a.m.
16-A: CLOSED SESSION/CONFERENCE WITH LABOR NEGOTIATOR:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Firefighters Local 1109
Executive Pay Plan (EPP)
ACTION: Approved Item Nos. 12-A and 12-B.
16-B: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Mobil Oil
Corporation et al., Case No. SC045788.
ACTION: Heard. No action taken.
16-C: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL
Anticipated Litigation
Number of cases: Two
ACTION: Heard. No action taken.
ADJOURNMENT: At 12:20 a.m., the meeting was adjourned in
memory of Jack Noonan, to a Special Meeting on May 6, 1997.
ATTEST: APPROVED:
Maria M. Stewart Pamela
O'Connor
City Clerk Mayor