CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 25, 1997
A regular meeting of the Santa Monica City Council was called
to order by Mayor Pro Tem Holbrook at 6:35 p.m., on Tuesday,
November 25, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pro Tem Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Absent: Mayor Pamela O'Connor
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
PLEDGE Councilmember Greenberg led the assemblage in the
Pledge of Allegiance to the Flag of the United States of
America.
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.
Member of the public Ken Kutcher commented on the Edgemar
Project item on the Consent Calendar.
At the request of Councilmember Genser the items relative to
purchasing of modular office units and the Edgemar Project were
removed from the Consent Calendar.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to approve the remainder of the Consent Calendar,
reading resolutions and ordinances by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser,
Feinstein, Mayor Pro Tem Holbrook
Noes: None
Absent: Mayor O'Connor
6-A: APPROVAL OF MINUTES: The City Council minutes of the
meeting of October 28, 1997, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9216(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: ORDINANCE FOR ARBORETUM DEVELOPMENT AGREEMENT: Ordinance
No. 1891(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT
AMENDMENT BETWEEN THE CITY OF SANTA MONICA AND TRANSACTION
FINANCIAL CORPORATION, A CALIFORNIA CORPORATION, THREE COAST
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, STEVEN H.
SWIRE, FREDERICK A. FUCHS, AND BARBARA M. FUCHS," was adopted.
Staff Report
6-E: SANTAM 3000 COMPUTER SERVER ANNUAL SUPPORT AGREEMENT: The
purchase order for the Santam 3000 Computer Server Annual
Support Agreement with the Hewlett Packard Company was approved
in an amount not to exceed $36,014.08.
Staff Report
6-F: CONTRACT RE HISTORICAL PROPERTY PRESERVATION: Resolution
No. 9217(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A
HISTORICAL PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 50280 WITH THE OWNER OF PROPERTY LOCATED AT 130
ADELAIDE DRIVE," was adopted.
Staff Report
6-H: CONTRACT FOR STORM RUNOFF TREATMENT SYSTEM: Contract No.
6860(CCS) was approved with Horsley and Witten, Inc., for an
amount not to exceed $63,750, competitive bidding requirements
were waived, and $63,750 in Proposition A grant funds was
accepted for the purchase, installation, and project management
for a Storm Runoff Treatment System.
Staff Report
6-D: MODULAR OFFICE UNITS PURCHASE: Councilmember Genser had
questions regarding the price, the necessity and the long-term
usage of the proposed units. Staff answered Councilmember
Genser's questions.
Staff Report
Motion by Councilmember Rosenstein, seconded by Councilmember
Ebner, to award a purchase order to Williams Scotsman Inc. for
the purchase of two (2) modular office units in the total
amount of $105,271, including applicable sales tax. The motion
was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Mayor O'Connor
6-G: EDGEMAR PROJECT CERTIFICATION-STATEMENT OF OFFICIAL
ACTION: Councilmember Genser removed this item as a courtesy
to Mr. Kutcher's earlier request to continue same to the next
meeting.
Staff Report
Motion by Councilmember Genser, seconded by Councilmember
Greenberg, to continue this matter to the meeting of December
2, 1997. The motion was unanimously approved by voice vote,
Mayor O'Connor absent.
END OF CONSENT CALENDAR
7: ADMINISTRATIVE PROCEEDINGS:
7-A: APPEAL 97-017 RE ARBORETUM PROJECT: Presented was Appeal
97-017 of Planning Commission approval of Development Review
Permit 97-005 for a portion of Phase III of Colorado Place (The
Arboretum) consisting of a 191,000 square foot, six-story
building above a three-level, 625-space subterranean parking
garage.
Applicant: Arboretum Development Partners
Appellant: Santa Monica Police Officers Association
Staff Report
On order of the Mayor Pro Tem, the public hearing was opened.
Steve Brackett, representing the appellant, spoke in support of
the appeal. Chris Harding, speaking on behalf of the
applicant, spoke in opposition to the appeal.
Members of the public Janina Krupa, Robert Wright, and Tom
Frances spoke in support of the appeal.
Chris Harding and Steve Brackett presented their respective
rebuttals.
On order of the Mayor Pro Tem, the public hearing was closed.
Motion by Councilmember Genser to continue this item and ask
staff to meet with the applicant to review changes which might
be mutually acceptable; ask staff to discuss possible changes
to deal with the impacts that have been discussed this evening,
as well as any others that staff or Council may identify; and,
ask the legal staff to review options in the absence of the
ability to reach a mutual agreement. The motion died for lack
of a second.
Motion by Councilmember Greenberg, seconded by Councilmember
Ebner, to deny Appeal 97-017 and uphold the Planning Commission
approval of Development Review Permit 97-005, with findings and
conditions as outlined in the staff report. The motion was
approved by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Feinstein,
Mayor Pro Tem Holbrook
Noes: Councilmember Genser
Absent: Mayor O'Connor
7-B: APPEAL RE VESTING TENTATIVE PARCEL MAP 24847 FOR 502
GEORGINA AVENUE: Presented was the appeal of Vesting Tentative
Parcel Map 24847 for 502 Georgina Avenue, approved by the
Planning Commission to allow a two-parcel subdivision of an
existing parcel.
Applicant: The Pegasus Trust
Appellant: Soheil Alexander Soleimani
Staff Report
On order of the Mayor Pro Tem, the public hearing was opened.
Jonathan Horn, speaking on behalf of the appellant, and the
appellant, Soheil Alexander Soleimani, spoke in support of the
appeal and in opposition to the subdivision.
Ken Kutcher, representing the applicant, spoke in opposition to
the appeal and in support of the subdivision.
The following members of the public spoke in support of the
appeal and in opposition to the subdivision: Ulrick Batzdorf,
Mark Batzdorf, Roslyn Stewart, Anneke Saltzstein, Joy Jones,
Marilyn Prewoznik, Jacquie Banks, Andy Mintzer, Marilyn
Gottesman, Laura Mintzer, Jim Upchurch, Stan Johnson, Joanne
Leavitt, Diane Fresco, Barbara Schnitzler, Darrell Clarke,
Nikolos Koutouratsas, Virginia Clarke, Tom Francis, Inge
Granzow, and Robert Wright.
Member of the public Brian Hutchings spoke in opposition to the
appeal and in support of the subdivision.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to hear a late speaker for one minute. The motion was
unanimously approved by voice vote, Mayor O'Connor absent.
Member of the public David Heller spoke in support of the
appeal and in opposition to the subdivision.
Ken Kutcher presented a rebuttal.
On order of the Mayor Pro Tem the public hearing was closed.
On order of the Mayor Pro Tem, the City Council recessed at
9:40 p.m., and reconvened at 10:09 p.m., with Mayor O'Connor
absent.
Motion by Councilmember Ebner, seconded by Councilmember
Genser, to uphold the appeal and deny approval of the Planning
Commission.
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to request staff to draft findings and return at a
later date. The motion, as amended, was approved by the
following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner, Mayor Pro Tem Holbrook
Noes: None
Absent: Mayor O'Connor
Staff was instructed to advise the Planning Commission to
consider the action taken by Council this evening when
considering a similar case to be heard by them in the near
future and asked staff to return with a proposal to enact a
moratorium on accepting new applications for lot splits in this
area until the Text Amendment can be heard and settled by the
City, to be effective as of this evening, if possible.
9-A: SITE ALTERNATIVES FOR REPLACEMENT OF MUNICIPAL POOL:
Presented was the staff report regarding consideration of site
alternatives for the replacement of the Municipal Pool at Santa
Monica College, including the proposed 16th Street location and
the existing site; the recommendation to designate a preferred
site and project alternative; and, the recommendation to direct
staff to proceed with the necessary feasibility studies, design
work, and required environmental impact report.
Staff Report
Member of the public Donald Nelson spoke in support of
construction of the municipal pool at the proposed 16th Street
location and the restoration of the Lincoln Pool.
The following members of the public spoke in opposition to the
construction of the municipal pool at the proposed 16th Street
location: Chris Francis, Pete Arreola, Kent Colberg, Sandee
Bickart, Chris Burdick, and Lori Klaidman.
Member of the public Geoff Stern spoke in support of
construction of the municipal pool at the proposed 16th Street
location.
Motion by Councilmember Greenberg, seconded by Councilmember
Feinstein, to continue the meeting past 11:00 p.m. The motion
was unanimously approved by voice vote, Mayor O'Connor absent.
Motion by Councilmember Ebner, seconded by Councilmember
Rosenstein, to approve the staff recommendation to designate
the 16th Street site as the preferred site and the existing
site as the project alternative, and to ask staff to proceed
with the necessary feasibility studies, design work, and
required environmental impact report. The motion was approved
by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Genser, Feinstein,
Mayor Pro Tem Holbrook
Noes: Councilmember Greenberg
Absent: Mayor O'Connor
10: PUBLIC HEARINGS:
10-A: FORMATION OF 1996-97 ASSESSMENT DISTRICT FOR STREET
REPAIRS: Presented was the staff report recommending approval
of the formation of the 1996-97 Assessment District for
repairing concrete curbs, driveways, and sidewalks, resurfacing
streets, restoring parkways, constructing concrete gutters,
reconstructing alleys, and completing appurtenant work;
acceptance of certified results of votes cast; adoption of
resolution finding that the public convenience and necessity
requires the repairs and construction, and appurtenant work;
and, the recommendation to order the work to begin.
Staff Report
Councilmember Genser declared a potential conflict of interest
and recused himself from deliberations.
Members of the public Lee Bishop and Frank Gillette spoke in
opposition to the staff recommendation as proposed. Member of
the public Tom Francis made suggestions. Member of the public
Brian Hutchings expressed his concerns.
Motion by Councilmember Greenberg, seconded by Councilmember
Feinstein, to accept the certified results of the assessment
district and adopt Resolution No. 9218(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION OF CONCRETE GUTTERS, ALLEY IMPROVEMENTS, STREET
RESURFACING, SIDEWALKS AND DRIVEWAYS, CURB REPAIRS, RESTORATION
OF PARKWAYS, AND APPURTENANT WORK, IN CONJUNCTION WITH THE FY
1996-97 STREET RESURFACING PROGRAM," reading by title only and
waiving further reading thereof. The motion was approved by
the following vote:
Ayes: Councilmembers Feinstein, Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Noes: None
Absent: Mayor O'Connor, Councilmember Genser
10-B: MULTIFAMILY RENTAL HOUSING DEVELOPMENT: The public
hearing for Multifamily Rental Housing Development was
continued to the meeting of December 9, 1997.
Staff Report
Councilmember Rosenstein was excused from the meeting at 11:26
p.m.
13: WRITTEN COMMUNICATIONS:
13-A: MONTHLY DANCE PROGRAM FOR THE DEVELOPMENTALLY DISABLED:
Presented was the request of Joe Pacheco for the City of Santa
Monica to adopt a monthly dance program for developmentally
disabled people allowing free use of the Marine Park
Auditorium.
Members of the public Bill Neuhaus and Marshall Schwartz spoke
in support of the proposed monthly dance program.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to direct staff to meet with Mr. Pacheco regarding this
matter and report to Council. The motion was unanimously
approved by voice vote, with Councilmember Rosenstein and Mayor
O'Connor absent.
13-B: NOTIFICATION OF PROHIBITION ON USE OF LEAFBLOWERS AND
HOSING OFF WALKWAYS: Presented was the request of Councilmember
Greenberg to direct City staff to include bilingual enclosures
in the City's water bills regarding prohibitions on the use of
leafblowers and on the use of a hose to wash walkways in the
City's water bills.
Motion by Councilmember Greenberg, seconded by Councilmember
Genser, to direct City staff to include bilingual enclosures
regarding prohibitions on the use of leafblowers (SMMC
4.08.270) and on the use of a hose to wash walkways (SMMC
7.16.020(c)(1)) in the City's water bills. The motion was
unanimously approved by voice vote, with Councilmember
Rosenstein and Mayor O'Connor absent.
15: PUBLIC INPUT Member of the public Art Casillas discussed
law enforcement issues.
Members of the public Jennafer Waggoner and Christophe Th‚lia
discussed homeless issues.
Councilmember Greenberg excused herself from the meeting at
11:46 p.m.
Members of the public Ariel Wyckoff, Charles Springer, Michael
Reinsborough, David Busch, Stephanie Brooks, William Marky,
Todd Ravel, Tammy Soft, Turtle Moore, Arthur Rivera, and Boo
discussed homeless issues.
Member of the public Jacqueline Lambrichts discussed the
underground storage tank audit.
16: CLOSED SESSIONS
The following closed sessions scheduled for this meeting were
continued to December 2, 1997.
16-A: Conference with Legal Counsel: Existing Litigation: City
of Santa Monica v. Arco, et al., Case No. BC 121317.
16-B: Conference with Legal Counsel: Existing Litigation: Wil-
Fourth Partnership v. City of Santa Monica, Case No. BS 045458.
16-C: Conference with Legal Counsel: Existing Litigation:
Charmont Partners, Ltd. v. City of Santa Monica, Case No. SS
007397.
16-D: Conference with Legal Counsel: Anticipated Litigation:
Two cases.
ADJOURNMENT On order of the Mayor Pro Tem, the City Council
meeting was adjourned at 12:15 a.m., in memory of Carol Peters.
ATTEST: APPROVED:
Maria M. Stewart Robert T. Holbrook
City Clerk Mayor Pro Tem