CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MAY 2, 2000

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, May 2, 2000, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Ken Genser

Mayor Pro Tem Pam O'Connor

Councilmember Richard Bloom

Councilmember Michael Feinstein

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Paul Rosenstein

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 6:20 p.m., received public input from members of the public Chuck Allord, Jon Burns, Steve Correia, Algerine Correia, Frederick Nason, Jr., and Michael Nichols in opposition to item 16-B, and then adjourned to consider closed sessions. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council reconvened at 7:23 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance.

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 Joey Fullmer expressed various concerns. The following members of the public spoke in opposition to Item 6-I: Frederick Nason, Jr., Michael Nichols, Steve Correia, Ron Shotola, Chuck Allord, Ron Michael, and Algerine Correia.

At the request of Councilmember Rosenstein, Item 6-I was removed from the Consent Calendar. At the request of Councilmember McKeown, Items 6-E and 6-F were removed from the Consent Calendar.

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to approve all items on the Consent Calendar as presented, except Items 6-E, 6-F and 6-I, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

6-A: The minutes of February 22, 2000, City Council meeting, were approved as submitted.

6-B: Earthquake Recovery Resolution - Resolution No. 9510 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7708 (CCS) with Rincon Consultants, Inc., in the amount of $116,500, to prepare an EIR for Contract No. 7729(CCS) Lantana Entertainment Production Studio Expansion project at 3030 Olympic Boulevard and 3131 Exposition Boulevard. Project applicant will reimburse the City for costs of the contract, was approved.

6-D: Purchase of Microsoft Office Software under the City's computer equipment replacement program - recommendation to authorize the City Manager to negotiate and execute Contract No. 7709 (CCS) with ASAP Software, in the amount of $187,000, for a three-year purchase, installation, and maintenance contract, was approved.

6-G: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7713 (CCS) with: ABC Lawn Sprinkler Co., Inc., in the amount of $146,325, to construct and install a playground at Los Amigos Park; and Contract No. 77414 (CCS) with DMR Team, in the amount of $15,122, to provide construction management services for the project, was approved.

6-H: Recommendation to accept U.S. Department of Justice COPS 2000 Technology Grant funds and designation of proposed use of funds by the Police Department, was approved.

6-E: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7710 (CCS) with Preussag Pipe Rehabilitation, in the amount of $1,345,291, for repair of earthquake-damaged sewer mains at various locations; and Contract No. 7711 (CCS) with Harris & Associates, in the amount of $228,320, to provide construction management and inspection services, was presented.

Staff replied to questions from Councilmember McKeown regarding the type of repair and the effects on the residents. Councilmember McKeown commended staff on the "trenchless repair" work proposed for the project.

Motion by Councilmember Rosenstein, seconded by Councilmember McKeown, to approve staff recommendation. Motion approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

6-F: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7712 (CCS) with Willdan and Associates, in the amount of $94,000, to prepare a study to determine the sum of money the City will accept in exchange for assuming ownership of portions of Lincoln Boulevard from Caltrans, was presented.

Councilmember McKeown advised he pulled this item because he wanted to emphasize its importance to the City and its residents.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve staff recommendation. Motion approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

6-I: Recommendation to authorize staff to negotiate and execute necessary documents to award Contract No. 7715 (CCS)

to Komex H2O Science, Inc., in the amount of $74,564, for an environmental assessment for properties located at 1600 Lincoln Boulevard and 700-720 Colorado Avenue, collectively known as "the Bekins properties," was presented.

Councilmember Rosenstein advised he moved this matter from the Consent Calendar to clarify some comments made by members of the public. At the request of Councilmember Rosenstein, staff presented a report on this matter.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to approve staff recommendation. Motion approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

END OF CONSENT CALENDAR

7-A: Appeal of Planning Commission approval of Conditional Use Permit 99-032 to allow an addition to an existing automobile dealership and repair facility at 3020 Santa Monica Boulevard. Applicant: Herb Katz, RTK Architects. Appellant: Ed Simonian. Property Owner: Judith A. Richards Company Trust, et al., was presented.

Staff recommended the following amendments to the conditions of approval for the proposed project: (a) On page 14, condition No. 5, change language to provide for a total of 69 parking spaces for employees and customers, and a total/maximum of 15 parking spaces for outdoor vehicle display. (b) Add two conditions of approval on page 22, as follows: Condition 55: Prior to ARB submittal, the applicant shall revise plans to show the required handicapped parking spaces are covered in a manner to be approved by the Building Official. Condition 56: Prior to issuance of a building permit, the applicant shall revise plans to expand the subterranean parking structure in order to provide a total of 69 on-site parking spaces. The revised plans are subject to the review and approval of the Director of Planning and Community Development.

On order of the Mayor, the hearing was opened for public comment.

Ed Simonian, Appellant, spoke in support of the appeal. Herb Katz, representing the Applicant, spoke in opposition of the appeal.

The following members of the public spoke in support of the appeal and against the project: Ana Ortiz, Adrianne Simonian, David Levinson, Angelique Gettke, King, Daniel Cohen, Amy Shinshon-Santo, Sylvia Shniad, and Kelly Olsen.

The following members of the public spoke in opposition of the appeal and in support of the project: Donna Block, Linda Lancaster, John Shearer, Mario Rodriguez, Darrell Clarke Peter Benavidez. Ed Simonian, Applicant, and Herb Katz, representing Appellant, provided rebuttal statements to the public input.

Motion by Mayor Genser, seconded by Councilmember Bloom, to deny the appeal, approve the project; amended to eliminate the gate on the alley, with permissible access for trash receptacles; to include the amendments recommended by staff as to Condition No. 5 and the number of parking spaces, and adding Conditions 55 and 56. In addition that in Condition No. 9, add language as follows: " . . . no vehicles to be repaired or which have been repaired . . ." and clarify that Condition 8, relative to an area for the loading and unloading of vehicles being required for the operation of the facility.

Motion to amend by Councilmember Rosenstein, to add that sound buffering be installed inside or outside, as appropriate, to minimize noise generated by the service facility. The motion was accepted as friendly.

Motion by Councilmember Rosenstein, seconded by Mayor Pro Tem O'Connor, to allow the gate in the alley, as approved by the Planning Commission, with the conditions required by the Planning Commission. The motion to amend failed by the following vote:

AYES: Councilmembers Rosenstein, Holbrook, Mayor Pro Tem O'Connor

NOES: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser

ABSENT: None

The main motion, as amended, was approved by the following vote:

AYES: Councilmembers McKeown, Feinstein, Bloom, Mayor Genser

NOES: Councilmembers Holbrook, Rosenstein, Mayor Pro Tem O'Connor

ABSENT: None

Motion by Mayor Genser, seconded by Councilmember Bloom, that Council express its desire that the Architectural Review Board consider the highest wall the most appropriate to protect the neighborhood from sounds emanating from the site. The motion was unanimously approved by voice vote, with all members present.

On order of the Mayor, the City Council recessed at 11:00 p.m., and reconvened at 11:10 p.m., with all members present.

8-A: Introduction and adoption of an interim Ordinance No. 1971 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING DEVELOPMENT STANDARDS FOR PROJECTS DEVELOPED WITHIN THE R2 LOW DENSITY MULTIPLE FAMILY RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL, AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS, MODIFYING THE REQUIREMENTS FOR DEMOLITION PERMITS, AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented.

On order of the Mayor, the public hearing was opened. The following members of the public spoke in support of the ordinance: Lewis Perkins, Bill Bauer, Bob Seldon, Giles Smith, Patricia Hoffman, Darrell Clarke, Kelly Olsen, and Ellen Brennan. Member of the public, David Cole, expressed concerns regarding the ordinance as proposed, and proposed suggestions. Brian Hutchings expressed various concerns.

Motion by Mayor Genser, seconded by Councilmember McKeown, to adopt the ordinance, reading by title only and waiving further reading thereof, and amended to adjust language on height on rooftops.

Motion to amend by Councilmember Rosenstein, to direct staff with projections at budget time, or other appropriate time, of reviewing standards to encourage the building of garden apartments. Motion accepted as friendly.

On order of the Mayor, City Council to continue with Item 9-A to allow staff time to prepare appropriate language for amendment regarding rooftop heights.

Councilmember Rosenstein was excused at 12:00 a.m.

LATER: On order of the Mayor, the Council returned to take action on this matter as follows:

Deputy City Attorney Barry Rosenbaum read the following amendment to Municipal Code Section 9.04.10.02.030(B)(3)(a) on page 12 of the proposed ordinance relative to height of rooftops: "The enclosure is used exclusively for housing the elevator, mechanical equipment, or stairs and is no larger than necessary for that use."

The main motion, as amended, was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmembers Holbrook, Rosenstein

Councilmember Rosenstein returned at 12:05 a.m.

8-B: Introduction and adoption of emergency Ordinance No. 1972 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 1970(CCS) TO SPECIFY THE ORDER OF PROOF IN CIVIL CASES AND TO STRENGTHEN AVAILABLE REMEDIES IN ACTIONS BROUGHT AGAINST EMPLOYEES WHO RETALIATE AGAINST EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES FOR MINIMUM WAGE AND BENEFIT ADVOCACY," was presented.

On order of the Mayor, the matter was opened for public comment. Brian Hutchings expressed various concerns. Members

of the public Erika Zucker, Lisa Payne, and Bill Bonner spoke in favor of the ordinance and offered suggestions and changes.

Motion by Mayor Genser, seconded by Mayor Pro Tem O'Connor to adopt ordinance, reading by title only and waiving further reading thereof.

Motion to amend by Councilmember Bloom, to amend page 3 of the proposed ordinance, Section 3(b) to read: "The defendant must prove a legitimate reason for the termination, demolition or penalty." The motion was accepted as friendly.

Motion to amend by Councilmember McKeown, to amend the same section to read: "The defendant must prove a legitimate non-retaliatory reason for the termination, demolition or penalty." The motion was accepted as friendly.

The main motion, as amended was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook

Council, having previously taken action on 9-A, proceeded to Item 9-B.

Councilmember Holbrook was excused at 11:55 p.m.

9-A: Recommendation to reject all bids for construction of the Public Safety Facility and Olympic Drive, and to authorize the City Manager to negotiate on the open market for construction contracts for the project, was presented.

There was no one present for public comment on this matter.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook

On order of the Mayor, Item 8-A to be concluded after this action.

Mayor Pro Tem O'Connor was excused at 12:35 a.m.

9-B: Recommendation to approve amendments to the Guidelines to: establish local preference for Santa Monica residents and workers in tenant selection; provide for automatic loan forgiveness in exchange for a 25-year extension of Regulatory Agreement; grant trust funds when Redevelopment bond proceeds are used; and, increase per unit and per project maximum loan and grant amounts for acquisition/rehabilitation projects, was presented.

The following members of the public spoke in support of the recommendation: Ken Feingold, Paul DeSantis, Patricia Hoffman, and Joan Ling.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook, Mayor Pro Tem O'Connor

9-C: Recommendation that the City Council approve a one-time waiver from the Consolidated Rental Housing Trust Fund Guidelines to exceed the per unit and the per project loan amount to Community Corporation of Santa Monica for the acquisition of 225 San Vicente Boulevard as an affordable housing project; approve a waiver of the Guidelines to allow granting of Redevelopment bond proceeds to fund affordable housing projects.

The Mayor announced that this matter has been withdrawn, at the request of staff.

9-D: Recommendation to adopt a plan for long-term operation and maintenance of the Woodlawn Cemetery.

On order of the Mayor, this matter was continued to June 13, 2000.

13-A: Request of Brian H. Ouzounian to address Council requesting reconsideration of action taken on the agenda item regarding a Lease extension for American Flyers for management and operation of third fixed based operator facility at Santa Monica Airport, on April 18, 2000.

Mr. Ouzounian was not present. On order of the Mayor, the information was received and filed.

14-A: Appointment to one unscheduled vacancy on the Airport Commission for a full term ending June 30, 2003. (Continued from March 28, 2000.)

On order of the Mayor, this matter was continued to May 23, 2000.

14-B: Appointment to one unscheduled vacancy on the Commission on Older Americans for a term ending June 30, 2000. (Continued from March 28, 2000.)

On order of the Mayor, this matter was continued to May 23, 2000.

14-C: Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending June 30, 2001.

On order of the Mayor, this matter was continued to May 23, 2000.

Member of the public Pro Se spoke in support of a Disabilities Commission. Member of the public Tony Waters requested assistance in finalizing his development project. Chuck Allord expressed concerned regarding the cost of obtaining copies of City documents.

16-A: Conference with Legal Counsel - Anticipated Litigation:

Number of cases: Four.

Two cases were heard. The following action was taken on one case of potential litigation:

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to approve settlement with Valley Crest in the amount of $329,000 from the following accounts:

C01044800.589000 $ 25,000.00

C01065795.589000 97,650.50

C53065688.589000 14,425.00

C01065099.589000 34,967.00

C11064900.589000 29,000.00

Approve appropriation from

C53067700.589.000 127,957.50

Total $ 329,000.00

The motion was approved by the following vote:

AYES: Councilmembers Rosenstein, McKeown, Feinstein, Bloom, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook, Mayor Pro Tem O'Connor

16-B: Conference with Real Property Negotiator:

Property: 700 Colorado Avenue, Santa Monica

Negotiating parties: Jeff Mathieu, City representative. Nason Warehouse & Partners; Hillgreen Warehouse Properties. Under negotiation: Option for acquisition of real estate property

ACTION: Heard. No reportable action taken.

16-C: Conference with Real Property Negotiator:

Property: 718-720 Colorado Avenue, Santa Monica

Negotiating parties: Jeff Mathieu, City representative. Charles and Carol Sievers, Trustees of the Charles R. Sievers Trust, and J. Cleary, Co-Trustee of the J. Cleary Trust. Under negotiation: Option for acquisition of real estate property

ACTION: Heard. No reportable action taken.

16-D: Conference with Real Property Negotiator: Property: 1600 Lincoln, Santa Monica

Negotiating parties: Jeff Mathieu, City representative. Charles and Carol Sievers, Trustees of the Charles R. Sievers Trust, and J. Cleary, Co-Trustee of the J. Cleary Trust. Under negotiation: Option for acquisition of real estate property.

ACTION: Heard. No reportable action taken.

16-E: Conference with Legal Counsel - Existing Litigation: Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007 078.

ACTION: Heard. No reportable action taken.

On order of the Mayor, the City Council meeting was adjourned at 12:57 a.m. to May 23, 2000, in memory of Ilona Katz, and in memory of victims of the Holocaust.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED

Ken Genser

Mayor