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M-10/26/1999 (5) 1060 CITY OF SANTA MONICA I CITY COUNCIL MINUTES OCTOBER 26, 1999 A regular meetmg of the Santa Monica City Council was called to order by Mayor O'Connor at 620 p.m, on Tuesday. October 26, 1999, at City Council Chambers. 1685 Main Street Roll Call: Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser CouncIlmember Richard Bloom CouncIlmember Michael Femstem Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Paul Rosenstelll Also Present: City Manager John Jalili City Attorney Marsha Jones Moutrie City Clerk Marla M. Stewart CLOSED SESSIONS RECONVENE/PLEDGE SPECIAL AGENDA ITEMS: CLOSED SESSIONS On order of the Mayor, the City Councll convened at 6:20 p.m, and then adjourned to consider closed sessions Action taken I on closed sessIOns was reported at the end of the meetmg On order of the Mayor, the City Council reconvened at 7:14 pm.. with all members present CouncIlmember McKeown led the assemblage III the Pledge of Allegiance 4-A: Proclamation declaring October 17-23, 1999, as The Great City Hall Tune-Iff ff'r,t to HrRffl~l.f.".wareness or televised City Council meeting' IfR J::. JV f11 ~;,}H~ ~.on.lc~, cable channel 16. The Mayor ISsued proclamation dec1aring October 17-23, 1999, as The Great City Hall Tune-In Week. On order ofthe Mayor, the City Council recessed at 7:19 pm, to a SpecIal meetmg ofthe Redevelopment Agency and a concurrent joint meetmg of the City Council and the Redevelopment Agency, With all members present to hear the followmg two Items: October 26. 1999 I I I I REDEVELOPMENT AGENCY MEETING: PURCHASE OF RAND PROPERTY 1061 RA-I Public hearing and adoption of Resolution No. 462 (RAS) entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY CERTIFYING THE INITIAL STUDY AND NEGATIVE DECLARATION FOR THE RAND PROPERTY ACQUISITION LOCATED AT 1700, MAIN STREET, 1657, 1665, 1677, 1683,1707, AND 1725 OCEAN AVENUE" - recommendation to adopt resolution and authonze the Executive Drrector to negotiate and execute an O\Vner Participation Agreement and related documents with Rand Corporation, and authorize the Executive Drrector to negotiate and execute lease agreements with the Rand Corporation and Jay FlOndella for Chez Jay Restaurant. JOINT MEETING OF THECCfRA-I. Public hearing and adoption of Resolution No. 9452 (CCS) CITY COUNCIL AND entitled "A RESOLUTION OF THE CITY OF SANTA MONICA THE REDEVELOPMENT APPROVING THE ISSUANCE AND SALE BY THE AGENCY: REDEVELOPMENT PROJECT TAX ALLOCATION BONDS REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA OF ITS SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT TAX ALLOCATION BONDS," and adoption of Resolution No. 463(RAS) entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY BY THE AGENCY OF AN INDENTURE AND A CONTINUING DISCLOSURE CERTIFICATE IN CONNECTION WITH THE ISSUANCE OF REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, AUTHORIZING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $69,500,000, AUTHORIZING THE PUBLICATION OF A NOTICE OF INTENTION TO SELL. AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL NOTICE INVITING BIDS AND AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS." On order of the Mayor the public heanng was opened for both Items RA-I and CORA-I. The follovo'lng members ofthe pubhc spoke in favor of the Project: Dan Ehrler, GeoffStem. Chns HardIng, Jay FlOndella, Chnton Minnis, Nat Trives. 1. Roennau, Jason Parry, and Jean Wyner. The fonowing members of the pubhc spoke agamst the project Karin Pally and Bnan HutchIngs 2 October 26, 1999 1062 ACTION TAKEN ON RA-l The following members of the pubhc expressed various concerns including but not lirmted to allocatmg more money for affordable and senior housmg, I the public process, terms of the agreement, and parking issues Alan Toy, MillIe Rosenstem, Dons Ganga, Frank Gruser, Chuck Allard, Joy Fullmer. Jerry Rubm, and Broria Finkel Motion by Agencv Member Femstein, seconded by A~ency Member Genser. to hear late speakers for one mmute each The motion was unammously approved, by voice vote. \'lith all members present Member of the pubhc John Given expressed support m allocating more money for aftordable housmg and Tom Frances spoke m support of the project. On order of the Mayor. the public hearmg was closed CouncIl discussion ensued on the project and on Issues raLSed during public mput MotIon by Agency Member Holbrook, seconded by Agency Member Femstein, to adopt ResolutIon No. 462(RAS) readmg by title only and wal\1ng further reading thereof The motIOn was approved by the following vote Ayes: Agency Members Holbrook, Rosenstem, McKeown. Feinstein, Bloom, Charr Pro Tern Genser, ChaIr O'Connor None None I Noes. Absent: Motion by Agency Member McKeO\vn, seconded by Agency Member Feinstem, to amend the recommendatIOn to mcrease low and moderate income housing development on the property bemg purchased from Rand to a level commensurate With thrrty percent (30%) low and moderate income housmg allocatIon of the bond proceeds used to buy the Rand property, instead ofa twenty (20%) percent allocatIon. The motIOn was approved by the follOWIng vote: Ayes' Agency Members Bloom, Feinstem, McKeown, Rosenstem, Holbrook, ChaIT Pro Tern Genser. ChaIr O'Connor None None Noes: Absent: Motion bv Agency Member Rosenstem, to amend the main motion to put off the deCISIon until the Redevelopment Agency's five year plan has been considered. Motion failed for lack of a second. I 3 October 26. 1999 I I I ACTION TAKEN ON CC/RA-l 1063 Motion by Agency Member Rosenstein. to make an amendment to the mam motIon that it be prelmnnary approved torught, and that It return to Council for final approval when the entire package IS put together MotIon faIled for lack of a second Motion by Chair Pro Tern Genser, seconded by Agency Member Feinstein. to authorize the Executive Director to negotiate and executive an Owner PartIcIpation Agreement No. 7639(RAS) and related documents with the Rand Corporation for the acquISition of excess property. The motlon was approved by the following vote: Ayes: Agency Members Bloom. Feinstem, McKeown, Holbrook, Chair Pro Tern Genser. Chair O'Connor Abstain: Agency Member Rosenstein Noes None Absent None Agency Member Rosenstein requested the record reflect that while he personally thinks it is a good Idea to purchase the land. he abstained because of the lack of public reVIew and input mto the process and because Council won't know untu the next meeting what resources are available to the Redevelopment Agency to do the vanety ofthings that need to be done in the CIty. He added that these are the same reasons for any other abstention he may have on other motIOns MotIon by A~ency Member Bloom, seconded by Agency Member McKeown, to authorIZe the Executive DIrector to negotIate and execute Lease Agreements Nos. 7640(RAS) and 7641 (RAS) WIth the Rand Corporation and \vlth Jay FlOndella for Chez Jay Reslaurant The motion was approved by the followmg vote: Ayes Agency Members Holbrook, McKeown, Feinstem, Bloom. Chair Pro Tern Genser. Chair O'Connor Agency Member Rosenstein None None Abstam Noes Absent: MotIon by COWlcIlmember Holbrook, seconded by Mayor Pro Tern Genser, to adopt ResolutIOn No 9452 (CCS), readIng by tItle only and waiving further readmg thereof The motIon was approved by the follo~lllg vote 4 October 26. 1999 1064 CONSENT CALENDAR: Ayes: Councilinembers Bloom, Femstem, McKeown, Holbrook, I Mayor Pro Tern Genser, Mayor O'Connor Abstam: Councilmember Rosenstein Noes: None Absent: None Motion by Agency Member Femstein. seconded by Agency Member McKeo,,'ll, to adopt Resolution No 463 (RAS)," reading by title only and WalVlng further reading thereof. The motion was approved by the followmg vote Ayes' Agency Members Holbrook, McKeown. Femstem, Bloom. Chair Pro Tern Genser, ChaIr O'Connor Agency Member Rosenstem None None Abstain: Noes Absent. On order of the Charr/Mayor at 9'31 p.m., the Redevelopment Agency Meeting, and the Special Joint Meeting of the CIty Council and the Redevelopment Agency were adjourned and the regular meetmg of the City CouncIl reconvened, wlth all members present The Consent Calendar was presented, whereby all Items are consIdered and I approved m one motion unless removed from the calendar for dISCUSSIOn. Members of the public Jerry Rubm, Joy Fullmer and Bnan Hutchings addressed vanous ISsues relative to Consent Calendar Items. At the request ofCouncilmember Rosenstein, Item 6-E was removed from the Consent Calendar The minutes for August 17 were pulled at the request of the City Clerk Motion by CouncIlmember Feinstein. seconded by CouncIlmember Bloom. to approve all Items on the Consent Calendar as presented, reading resolutions by title only and waiving further reading thereof, With the exceptIOn of Item 6-E and the ll1lIlutes of August 17 The motIOn was approved by the followmg vote Ayes: Counctlmembers Bloom, Femstem, McKeov,TI, Rosenstein. Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None Noes: Absent: 5 I October 26. 1999 I I I MINUTES EARTHQUAKE RECOVERY MERITORIOUS SIGN REVIEW REMEDlA nON SERVICES PARKING STRUCTURE 1116-46 4TH STREET RECESS 1065 6-A: The minutes of the August 10, 1999. City Council meetmg were approved as subIUltted. The mInutes ofthe August 17, 1999, meetmg were contmued to November 9. 1999 6-8 Earthquake Recovery Resolution - Resolution No 9453 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY;' was adopted 6-C: The appointment of members to the Meritorious Sign Review Board for review of signs eligible for meritorious designation was approved. 6-D Contract amendment for additional environmental investigation and remediation services at the City's Transportation Facility - recommendation to authorIZe the CIty Manager to negotIate and execute an amendment to Contract No. 109 (CD) WIth Arthur D Little, Inc., m the amount of $62, 154, for an expanded scope of environmental investigatIOn, monitoring and remediation services at the Transportation Facihty was approved 6-E. Contract for design and pre-development services for construction of parking structure at 1116-46 Fourth Street - recommendation to authorIZe the CIty Manager to negotiate and execute Contract No 7606 (CCS) w1th Fourth Street Servlces Corporauon, ill the amount of $275,000. to provide des1gn and pre-development sefV1ces for the construction of the public parkmg structure to be located at 1116-46 Fourth Street. Staff answered questions of Councilmember Rosenstein regarding the number ofpubhc parkmg spaces, the benefits to the pubhc. and the scope of the contract to build the parkIng structure Mouon bv Councilmember Rosensteill. seconded by Counc1lmember FelDStein. to approve staff recommendation The motion was approved by the followmg vote' Ayes Councihnembers Holbrook, Rosenstein, McKeown. Feinstem. Bloom, Mayor Pro Tern Genser, Mayor O'Cormor None None Noes' Absent: On order of the Mayor. the City Council recessed at 9:41 p.m. and reconvened at 10 30 P rn., WIth all members present 6 October 26, 1999 1066 ORDINANCES: OUTDOOR ANTIQUE MARKETS STAFF ADMIN. ITEMS: RULES OF ORDERS AND PROCEDURES WRITTEN COMMUNICA TIONS: AL TERNA TIVE LIVING FOR THE AGING 8-A: Introduction and tirst reading of "AN ORDINANCE OF THE I CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE TO ALLOW OUTDOOR ANTIQUE MARKETS IN THE PUBLIC LANDS (PL) OVERLAY DISTRICT SUBJECT TO A PERFORMANCE STANDARD PERMIT" On order of the Mayor, the public hearing was opened. Member of the public Ralph Mechur spoke rn favor of the ordmance Motion by Mayor Pro Tern Genser, seconded by Councilmember Feinstein. to introduce and hold first reading ofthe ordinance, readmg by title only and wmvrng further readmg thereof The motion was approved by the follo'A-ing vote. Ayes CouncIlmembers Bloom. FeinsteIn, McKeown, RosensteIn, Holbrook. Mayor Pro Tern Genser, and Mayor O'Connor None None Noes Absent 9-A: Resolution amending The Rules of Order and Procedures for the Conduct of City Council Meetings. On order ofthe Mayor. the public hearing was opened Jerry Rubin and I Chuck Allard suggested modIfications to the rules Bnan HutchIngs expressed various concerns Motion by Councilmember McKeo\\'Il, seconded by Councilmember Feinstein, to contrnue the meetrng past II 00 p rn The motion was unanimously approved by VOIce vote DiscussIon ensued on Issues of concern, including but not limited to, agendaI3-Items. agenda deadlrnes, ruhngs of the ChaIr, pornts of order. and tune lnruts It was the consensus ofCounctl, and on order of the Mayor, to continue this matter to November 9, 1999, to allow stafftlrne to rncorporate the suggestIons and pornts raised during the discussIOn. 13-A: The request from Royce Mathew to address Council regarding the financial status of Alternatiye Living for the Aging Program, was presented. 7 October 26, 1999 I I I I TRAFFIC CONCERNS WAIVER OF SAFETY INSPECTION FEES COUNCILMEMBER ITEMS: PIER RESTORATION RESIGNATION Councllmember Rosenstem was excused at 11 35 pm LEASES OF CITY PROPERTY 1067 On order of the Mayor. the infonnation was receIved and filed. Staffwas directed to reVIew this project and report back to the COunCll on future findmgs, once their research is completed 13-B The request of Richard Corlin to address Council regarding traffic concerns on La Mesa Drive and requesting traffic control and enforcement, was presented. On order ofthe Mayor, the mfonnation was received and filed. Staffwas drrected to return With a report I3-C: Request of Brenda Collosi, from Franklin Elementary School, to address Council requesting a waiver of required safety inspection fees to erect a canopy at the annual school fundraiser/carnival. On order of the Mayor, the informatIOn was receIved and filed, as Ms COllOSI was not present 14-A Annual appointments to vacancies on the Pier Restoration Corporation: four terms ending November 14, 2001, and four terms ending November 13, 2002. On order of the Mayor, this Item was continued to November 23. 1999. 14-B Acceptance of Dr. Adele Somer's letter of resignation from the Commission on Older Americans and authorization for the City Clerk to publish the vacancy. Motion by Councilmember Bloom, seconded by Mayor Pro Tern Genser, to accept letter of resignatIOn \Vlth regrets and authonze the CIty Clerk to publish the vacancy. The IJK)tIOn was unanimously approved by vOIce vote, With Councilmember Rosenstem absent 14-C: Request of Mayor Pro Tern Genser to direct staff to develop a written policy on leases of City property to commercial tenants. Motion by Mayor Pro Tern Genser, seconded by CouncIlmember Femstein, to approve request. MotIon unanimously approved by voice vote, with Councllmember Rosenstem absent. 8 October 26, 1999 1068 PUBLIC INPUT: CLOSED SESSIO~S: ADJOURNMENT Members of the pubhc Chuck Allord. Francisco Juarez, and Art Casillas expressed vanous concerns No formal action was taken I 16-A: Conference with Real Estate Negotiator. Property: Portions of property on the west side of Main Street between Pico Boulevard and Colorado Avenue City Negotiator: John Jalili, City Manager Owners of Record: The Rand Corporation Under negotiation: Possible acquisition of real estate property ACTION See action taken on Items RA-l and CCIRA-l 16-B: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Five. ACTION Three cases were heard No reportable action taken. 16-C: Conference with Legal Counsel- Existing Litigation: Citv of Santa Monica v. Henry Walther, Case No. SC043522. ACTION Not heard On order of the Mayor. the City Council meetmg adjourned at 11:59 p IlL, tl November 2, 1999. in memory of Dr Villagomez, Juanita EscobaL Alex Kuscher, Wmona AsWey, and Jane Small . ATTES~ ~~.~.,J- Mana M Stewart \.-- City Clerk APPROVED: ~a;; Pam O'Connor Mayor 9 October 26. 1999 I