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M-1/14/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 14,2003 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:48 p.m., on Tuesday, January 14,2003, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 7:23 p.m.) Councilmember Herb Katz Councilmember Pam O'Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:48 p.m., with Councilmember Holbrook absent. Assistant City Manager Gordon Anderson led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Members of the public Joey Fullmer, Po Se, Lise Reilly and Linda Cady commented on various Consent Calendar items. At the request ofCouncilmember Katz, Items l-C and I-D were removed from the Consent Calendar. Motion bv Councilmember Katz~ seconded by Councilmemqer O'Connor, to approve all items on the Consent Calendar as presented except Items l-C and I-D, rea. ding resolutions and ordinances by title only anq waiving further reading thereof. The motion was approved by the following I vote: AYES: Councilmembers O'Connor, Genser, Katz, F~instein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Holbrook NOES: ABSENT: January 14, 2003 MINUTES CUSTODIAL SERVICES PURCHASE OF BROOM SWEEPERS SIX-CITIES ENERGY PROJECT 415 PACIFIC COAST HIGHWAY I-A: Approval of minutes of November 26 and December 10,2002, e Council meetings, were approved. 1-B: Custodial Services Contract - recommendation to award Bid No. 2852 to L.A. Cha Maintenance Company, and authorize the City Manager to negotiate and execute Contract No. 8176 (CCS) at specified prices for custodial services, was approved. 1-E: Purchase of CNG-powered broom sweepers - recommendation to award Bid No. 2846 Haaker Equipment Company, in the amount of $862,986.32, to furnish and deliver four broom sweepers for the Solid Waste Division of Environmental & Public Works Management Department, was approved. I-F: Resolution No. 9829 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING PARTICIPATION INTO A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA ENERGY COALITION TO COMMENCE THE SIX CITIES ENERGY PROJECT," was adopted. I-G: Marion Davies Estate Project at 415 Pacific Coast Highway- recommendation to authorize the City Manager to negotiate and execute pre-construction Services Agreement No. 8177 (CCS) with Westport Construction, in the amount of$35,160, for design of demolition and stabilization, and pre-construction services, was approved. SOLAR PHOTOVOLTAIC I-H: Installation of Solar Photovoltaic Systems at three Public SYSTEMS Schools - recommendation to authorize the City' Manager to negotiate and execute Contract No. 8178 (CCS) with Global Solar Energy, Inc., in the amount of$275,003, for design and installation services at Lincoln and John Adams Middle Schools and at Edison Elementary School; approve a $200,00 increase in City funding; authorize the City Manager to negotiate and execute Memorandum of Understanding No. 8179 (CCS) governing the project; and approve the proposed budget changes, was approved. PUBLIC SAFETY FACILITY I-I: Computer networking equipment for the Public Safety Facility - recommendation to award Bid No. 2855 to Network Catalyst, in the amount of $350,629.36, to furnish and deliver networking equipment for the Public Safety Facility, was approved. 2 January 14, 2003 3030 EXPOSITION BL. & Councilmember Katz requested that items 1-C and 1-D be combined and 3131 EXPOSITION BL. advised he requested to remove them from the Consent Calendar because he wanted to vote in opposition to both. CLOSED SESSIONS: ADMINISTRATIVE PROCEEDINGS: 1544 7TH ST. APPEAL l-C: Approval of Statement of Official Action for appeal related to proposed entertainment studio project at 3030 Exposition Boulevard. 1-D: Approval of Statement of Official Action for appeal related to proposed entertainment studio project at 3131 Exposition Boulevard. Motion by Mayor Pro Tern McKeown. seconded by Councilmember O'Connor, to approve Items 1-C and I-D. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Katz Councilmember Holbrook NOES: ABSENT: On order of the Mayor, the City Council recessed at 5:57 p.m. to hear closed sessions, and reconvened at 7:10 p.m., with Councilmember Holbrook absent, to report the following: 2-A: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Three. ACTION Two cases heard. No reportable action taken. 6-A: Appeal of Planning Commission's decision to deny design compatibility permit and vesting Tentative Tract Map No. 53675 for 17-unit condominium project located at 1544 7th Street - recommendation to uphold appeal, approve design compatibility permit and vesting tentative tract map based on the proposed findings and conditions, was presented. Councilmember Genser was Councilmember Genser requested to be excused due to a conflict of interest excused at 7: 15 p. m. with this matter. Counci/member Holbrook arrived at 7:23 p.m. Monica Witt, representing the appellant, spoke in support of the project. Members ofthe public Kelly Olsen and Darrell Clark expressed concerns regarding the project and the recommendation. 3 January 14, 2003 STAFF ADMIN. ITEMS: 2003-04 BUDGET Counci/member Genser returned at 8:34 p.m. Monica Witt, representing the appellant, provided a rebuttal to comments made by the public. Discussion ensued relative to the project, the design, parking and parking spaces, consistency to general plan, traffic and effects of traffic, front and alley access, character of neighborhood, size of units proposed, and impact of any changes to the proposed parking garage. Motion by Mayor Bloom. seconded by Councihnember Katz, to continue the matter for further analysis based on the discussion held to a future meeting and direct staffand appellant to review the result of having no alley access, with the public hearing to remain open. The motion was approved by the following vote: AYES: Councilmembers Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers O'Connor, Holbrook Councilmember Genser NOES: ABSENT: 8-A: Recommendation to receive public comment and consider context of 2003/04 budget formulation; provide staff with direction regarding budget preparation, including Community Development Block Grant and Home Investment Partnership Act Programs; and authorize staff to advocate for preservation of municipal revenue streams from the State of California. Members of the public Joey Fullmer and Pro Se spoke regarding various budget concerns. Member of the public Barry Seid spoke in support of social services funding. Member of the public Ed Muzika spoke in support offunding for Animal Shelter services. The following members ofthe public spoke in support of school funding: Jerry Rubin, John Petz, Rick Gates, Lance Simmens, Jose Escarce, Melissa Dinolfo, Maria Rodriguez, Louise Jaffe, Ralph Mechur, Shari Davis, and Cheri Orgel. The following members of the public spoke in support of funding for ADA services: Kecia Weller, Christopher Arroyo, Elizabeth Bankcroft, and Julie Klein. 4 January 14, 2003 Mayor Pro Tern McKeown was excused at 10:48 p. rn. Member of the public Betsy Hiteshew spoke in support offunding for child care services. Member of the public Frank Schwengel spoke in support of funding for Parks and Recreation. Members of the public Gary Gordon, Debra Davis and Kathy Dodson spoke in support of small businesses and in opposition to increased business taxes. Member of the public Linda Sullivan spoke in support of continued funding for the Pier Rehabilitation Project. Considerable discussion ensued regarding the state of the economy, ongoing and future capital projects, the general fund, future revenues, and requests for additional funding assistance by the school. Motion by Mayor Bloom. seconded by Councilmember Katz, that in the coming budget process that staff maintain fiscal integrity and maximize the efficient use of resources wherever possible preserving funding for social services and housing and cutting in places where it will be least felt by lower income residents. On the revenue raising side, staff to consider where there may be possible revenue raising strategies that are fair and not unduly burdensome on small businesses, while considering all public comment that has been received to date from every source including this meeting, e-mails that have been received, the Community Voices process and all of the Councilmember comments that have been made. The motion was approved by the following vote: Motion to amend by Councilmember O'Connor. to authorize staff to respond in a timely fashion to any State actions that would affect municipal revenues. The motion, as amended, was friendly to the maker and seconder. AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom. None None NOES: ABSENT Mayor Pro Tern McKeown requested to be excused due to a conflict of interest with school issues. Motion by Mayor Bloom. seconded by Councilmember Feinstein. for staff to respond to the community's request for additional funding for education that includes possible trade-offs; that staff report back regarding the legal context of school funding by the City; and, that staff provide detailed information 5 January 14, 2003 SPECIAL JOINT MEETING: PARKING STRUCTURE NO.8 Mayor Pro Tem McKeown returned at 11:05 p.m. ADJOURNMENT OF SPECIAL MEETING COUNCIL ITEMS: about current level of funding for schools, youth programs and services. The motion was approved by the folIowingvote: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Bloom None Mayor Pro Tern McKeown NOES: ABSENT: JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY: On order of the Mayor, the regular City Council meeting recessed and the special joint meeting with the Redevelopment Agency reconvened at 11 :05 p.m., with all members present. 8-B: Seismic Retrofit of Parking Structure 8 - recommendation that City Council and Redevelopment Agency approve an increase in the amount of$300,000, to Contract 8079 (CCS) with Sea Pac Engineering, Inc., and an increase to Contract No. 8080 (CCS) with Black and Veatch, in the amount of$175,000 for additional costs of the seismic retrofit of Parking Structure 8, was presented. There was no one present for public comment. Motion bv Councilmember Feinstein. seconded bv Councilmember Katz, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: On order of the Mayor, the special joint meeting was adjourned and the regular City Council meeting reconvened at 11: 14 p.m. 13-A: Appointment of Councilmembers as Liaisons to City Boards and Commissions, SM-MUSD Liaison Group, and to the Westside Cities Council of Governments. 6 January 14, 2003 LANDMARKS COMMISSION Councilmember 0 'Connor was excused at 11:25 p. m. On order ofthe Mayor, the following appointments were made: Councilmember Katz Councilmembers Genser, Holbrook Mayor Bloom, Councilmember Genser Mayor Pro Tern McKeown Councilmember O'Connor Councilmember Katz Councilmember Feinstein, Mayor Pro Tern McKeown Commission/Older Americans Mayor Bloom Commission/Status of Women Councilmember Feinstein Housing Commission Councilmember Feinstein, Mayor Pro Tern McKeown Councilmember Feinstein Councilmember Katz Councilmember Holbrook Mayor Pro Tern McKeown Councilmember Katz Mayor Bloom Mayor Bloom, Councilmember Feinstein Councilmembers Feinstein, O'Connor Councilmembers Genser, O'Connor Councilmembers Genser, Katz Mayor Bloom, Mayor Pro Tern McKeown Accessibility Appeals Board Airport Commission Architectural Review Board Arts Commission Building & Safety Commission Disabilities Commission Environmental Task Force Landmarks Commission Library Board Personnel Board Planning Commission Recreation & Parks Commission Social Services Commission Bayside District Corporation Convention & Visitors Bureau Pier Restoration Corporation CITY/SMC/SMMUSD Westside Cities 13-B: Appointment to one special vacancy on the Landmarks Commission, with a term ending June 30, 2004. On order of the Mayor, the floor was opened for nominations. Councilmember O'Connor requested to be excused from this matter due to a conflict of interest as she personally knows one of the candidates. Councilmember Feinstein nominated Barbara Kaplan. There being no other nominations, Ms. Kaplan was appointed by acclamation with Councilmember O'Connor absent. January 14, 2003 PIER RESTORATION CORPORA TION 13-C: Appointment to one special vacancy on the Pier Restoration Corporation, with a term ending November 8,2005. On order of the Mayor, this matter was continued to January 28,2003 COMMISSION ON OLDER AMERICANS 13-D: Appointment to one annual vacancy on the Commission on Older Americans for a term ending June 30, 2006, and appointment to one special vacancy for a term ending June 30, 2003. On order of the Mayor, this matter was continued to January 28,2003. ARTS COMMISSION 13-E: Appointment to one special vacancy on the Arts Commission, with a term ending June 30, 2006. On order of the Mayor, this matter was continued to January 28,2003 PUBLIC INPUT: Members of the public Brian Hutchings, Pro Se, Kiki Kalor, and Clifford Stem addressed various issues of interest ADJOURNMENT: On order of the Mayor, the regular City Council Meeting was adjourned at 11 :30 p.m., to January 28, 2002, in memory of Pete Barrett and Ian Cameron. ATTEST: ~~. ~...!- Maria M. Stewart City Clerk 8 January 14, 2003