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M-10/24/2000 1380 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 24, 2000 A regular meeting of the Santa Monica City Council was called to order by City Clerk Maria Stewart at 6:20 p.m., on Tuesday, October 24,2000, at City Council Chambers, 1685 Main Street. Roll Call: Present: Absent: Councilmember Richard Bloom Councilmember Michael Feinstein Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Paul Rosenstein Mayor Ken Genser Mayor Pro Tern Pam O'Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE SELECTION OF TEMPORARY MAYOR CLOSED SESSIONS The Mayor andthe Mayor Pro Tern being absent, the regular Council Meeting was called to order at 6:20 p.m., by City Clerk Stewart, with all other members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance. As provided for in the Council's Rules of Conduct, the City Clerk opened the floor for nominations for a Temporary Mayor. Councilmember McKeown nominated Councilmember Rosenstein for Temporary Mayor. There being no other nominations, Councilmember Rosenstein was appointed Temporary Mayor, with Councilmember Rosenstein abstaining, and Mayor Pro Tern O'Connor and Mayor Genser absent. Councilmember Rosenstein assumed the chair. CLOSED SESSIONS: On order ofthe Temporary Mayor, the City Council adjourned at 6:25 p.m., to consider closed sessions and reconvened at 7:20 p.m., to the regular Council meeting. Action taken on closed sessions was reported at the end of the meeting. 1 October 24, 2000 1381 SPECIAL AGENDA 4-A: Introduction of Los Angeles County Assessor Rick Auerbach. ITEMS: L.A. COUNTY ASSESSOR County Assessor Rick Auerbach introduced himself to the City Council and offered assistance with any issues. related to his office. STUDY SESSION - STATUS OF ELECTRIC POWER IN THE CITY 4-B: Study Session with Southern California Edison and City Staff on the Current Status of Santa Monica's Electricity Distribution System Including Discussion of Electricity Supply Issues, Frequency of Power Outages, System Condition and Reliability, Planned SCE Upgrade Projects in Santa Monica, and Opportunities for Creating Alternative Sources of Supply from Distributed Generation, Energy Efficiency and Electricity Load Management. Members of the public Joey Fullmer, Brian Hutchings and Chuck Allord expressed various power-related concerns. On order of the Temporary Mayor, the information was received and filed. No formal action was taken. CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Motion by Councilmember McKeown.. seconded bv Councilmember Holbrook. to approve all items on the Consent Calendar as presented, 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, Temporary Mayor Rosenstein None Mayor Pro Tern O'Connor, Mayor Genser NOES: ABSENT: MINUTES 6-A: The minutes of the June 13,2000, City Council meeting, were approved as submitted. EARTHQUAKE RECOVERY RESOLUTION 6-B: Earthquake Recovery Resolution - Resolution No. 9588 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. " October 24,2000 1382 WALKABLE WESTSIDE CAMPAIGN 2730 WILSIDRE 7 1232 HARVARD MAINTENANCE AGREEMENT PURCHASE OF TREE STUMP CUTTER 6-C: Walkable Westside Campaign for Pedestrian and Driver Safety- recommendation to authorize the City Manager to negotiate and execute three-year Contract No. 7826 (CCS) with Deen+Black Public Relations, in the amount of $389,000, to develop and implement the Walkable Westside Campaign for Pedestrian and Driver Safety and to appropriate project grant funds, was approved. 6-D: Resolution No. 9589 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING PARCEL MAP FOR 2730 WILSHIRE BOULEVARD AND 1232 HARVARD STREET" - recommendation to adopt a resolution approving Final Parcel Map No. 24932 to permit the airspace subdivision at the site located at 2730 Wilshire Boulevard and 1232 Harvard Street, was approved. 6-E: Telephone and network cabling installation and maintenance agreement - recommendation to authorize the City Manager to negotiate and execute three year Agreement No. 7827 (CCS) with ACI Communications, in the amount of $300,000 per fiscal year, for telephone and network cabling installation and maintenance for all City departments, was approved. 6-F: Award of bid for one tree stump cutter - recommendation to award Bid No. 2796 to Vermeer-California, in the amount of$31,147.86, to furnish and deliver one new stump cutter for the Open Space Management Division, Community & Cultural Services Department, was approved. PURCHASE OF UTILITY 6-G: Award of bid for one utility tractor - recommendation to award Bid TRACTOR No. 2798 to Pacific Coast Machinery, Inc., in the amount of$60,570.21, to furnish and deliver one utility tractor for the Airport Division, Resource Management Department, was approved. PORTABLE GENERATORS 6-H: Award of bid for two portable generators to perform field work at night - recommendation to award Bid No. 2799 to Ingersoll-Rand Company, in the amount of$39,186.50, to purchase and deliver two new 50 kilowatt portable generators for the Facilities Management Division, Environmental & Public Works Management Department, was approved. 3 October 24, 2000 1383 SALE OF PROPERTY - 2051 NEILSON WAY LAW ENFORCEMENT GRANT FUNDS ADMINISTRATIVE PROCEEDINGS: MARQUIS WEST APPEAL 6-1: Award of bid for sale of property located at 2051 Neilson Way, and 2200 Michigan Avenue - recommendation to award Bid No. 2805 to Calstar Equities, Inc., in the amount of$180,000.00, and to the Law Offices of Jon Kodani,in the amount of$21,000.00, for the sale of the residential property located at 2051 Neilson Way, and 2200 Michigan Avenue; to authorize the City Manager to negotiate and execute a contract and any related documents for the sale of the property, was approved. 6-J: Appropriation and designation of uses for 2000 Local Law Enforcement Block Grants for proposed projects - recommendation to appropriate Year 2000 Local Law Enforcement Block Grant funds; designate their use for upgrading of school crossing guard equipment; the purchase of two vans for the Police Youth Services Division; purchase of database to build digitized image identification files for residential care patients; and to pay for testing of DNA evidence on unsolved homicide and/or major sexual assault cases; and, approve proposed budget changes, was approved. END OF CONSENT CALENDAR 7-A: Recommendation to deny Marquis West's appeal of its exclusion from the Final Meritorious Sign List and recommendation to City Council regarding hearing procedures. Appellant: Marquis West Restaurant, 3110 Santa Monica Boulevard. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to allow three minutes to the appellant, and two minutes for public comment and defer action until all Councilmembers were present. The motion was unanimously approved by voice vote, with Mayor Pro Tern O'Connor and Mayor Genser absent. Greg Humphries, representing appellant, requested to defer his comments until Council was prepared to take action on the matter. Joey Fullmer and Chuck Allord expressed various concerns regarding meritorious signs. Motion by Councilmember Bloom. seconded by Councilmember Holbrook, to continue action, and the public hearing only for those members of the public that did not speak tonight, to November 14, 2000. The motion was unanimously approved by voice vote, with Mayor Pro Tern O'Connor and Mayor Genser absent. 4 October 24,2000 384 ORDINANCES: RAND CORPORATION SANTA MONICA COLLEGE DEVELOPMENT REVIEW THRESHOLDS 8-A: Second reading and adoption of Ordinance No. 1989 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE RAND CORPORA nON," was presented. Motion by Councilmember Holbrook. seconded by Councilmember McKeoM!, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, McKeown, Feinstein, Bloom, Temporary Mayor Rosenstein None Mayor Pro Tern O'Connor, Mayor Genser NOES: ABSENT: 8-B: Second reading and adoption of Ordinance No. 1990 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADOPTING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SANTA MONICA COLLEGE." Motion by Councilmember McKeown. seconded by Councilmember Bloom, to conduct second reading and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES Councilmembers Bloom, Feinstein, McKeown, Holbrook, and Temporary Mayor Rosenstein None Mayor Pro Tern O'Connor and Mayor Genser NOES: ABSENT: 8-C: First reading and adoption of an Emergency Interim Ordinance to Modify Article IX of the Santa Monica Municipal Code Relating to Development Review Thresholds in the RVC Residential Visitor Commercial District, various other Commercial Districts, Ml Industrial Conservation District and LMSD Light Manufacturing and Studio District to 7,500 square feet; and, declaring the presence of an emergency, was presented. On order ofthe Temporary Mayor, the hearing was opened for public comment. Members of the public, Joey Fullmer, David Hibbert, Chris Harding, Dan Ehrler, Quincy, Howard Jacobs, Ken Kutcher, spoke against this item. 5 October 24, 2000 1385 STAFF ADMIN. ITEMS: CONTRACTS - PUBLIC SAFETY FACILITY Members of the public, Bob Seldon, Ellen Brennan, Giles Smith, and Chuck Allord, spoke in favor of this item. David Cole, of Mid-City Neighborhood, stated his neighborhood had not taken a position on the issue. On order of Temporary Mayor Rosenstein, the public hearing was closed for those that spoke today. The Temporary Mayor further advised that deliberations will be held at the next Council Meeting when all members are present. Motion by Councilmember Feinstein. seconded by Councilmember Bloom, to direct staff to return with two options: an emergency ordinance and an ordinance for first reading. The motion was unanimously approved by voice vote, with Mayor Pro Tern O'Connor and Mayor Genser absent. 9-A: Approval of construction agreement and professional services agreement Nos. 7828-7830(CSS), and Amendment Contract Nos. 7765, 7648, and 6765 (CCS) to construct the new Public Safety Facility; adoption of Resolution No. 9590 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CITY'S INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF OBLIGATION BONDS TO BE ISSUED BY THE SANTA MONICA PUBLIC FINANCING AUTHORITY AND APPROVING RELATED ACTIONS"; and approval of necessary budget changes, were presented. There was no public comment on this matter. Motion bv Councilmember McKeown.. seconded bv Councilmember Holbrook, to adopt Resolution No. 9590 (CCS), reading by title only and waiving further reading thereof, and approve staff recommendation. The motion was approved by the following vote: AYES: CounciImembers Bloom, Feinstein, McKeown, Holbrook, and Temporary Mayor Rosenstein None Mayor Pro Tern O'Connor and Mayor Genser NOES: ABSENT: 6 October 24, 2000 1386 YARDS MASTER PLAN, Counci/member Holbrook was excused at 10:50 p.m. COUNCILMEMBER ITEMS: COMMISSION ON OLDER AMERICANS LANDMARKS COMMISSION PIER RESTORATION CORPORATION 9-B: Conceptual approval of two Corporation Yards Master Plan alternatives, authorization for lease of property and facilities, provision of recycling services - recommendation to approve, in concept, two proposed Corporation Yards Master Plan alternatives; to authorize the City Manager to negotiate ana execute Agreement No. 7831 (CCS) with Southern California Disposal for lease of property and facilities; and, to negotiate and execute Agreement No. 7832 (CCS) with AlIen Company for provision of recycling processing services. Motion by Councilinember Bloom. seconded bv Councilinember Feinstein. to continue past 11 :00 p.m. The motion was unanimously approved by voice vote, with Mayor Pro Tern O'Connor and Mayor Genser present absent. On order of the Temporary Mayor, this matter was opened for public comment. Michael Robinson spoke in support of the recommendati<:>n. Motion by Councilinember Bloom. seconded by Mayor Pro Tern O'Connor, to approve recommendation. The motion was approved by the following vote: AYES: Councilinembers Bloom, Feinstein, McKeown, Temporary Mayor Rosenstein None Councilinember Holbrook, Mayor Pro Tern O'Connor, Mayor Genser NOES: ABSENT: 14-A: Appointment to one unscheduled vacancy on the Commission on Older Americans for a term ending June 30, 2003. On order of Temporary Mayor Rosenstein, this matter was continued to November 14,2000. 14-B: Appointment to one unscheduled vacancy on the Landmarks Commission for a term ending June 30, 2002. On order of Temporary Mayor Rosenstein, this matter was continued to November 14,2000. 14-C: Appointments to two full terms on the Pier Restoration Corporation for terms ending November 10, 2003. 7 October 24, 2000 1387 PUBLIC INPUT: CLOSED SESSIONS: On order of Temporary Mayor Rosenstein, this matter was continued to November 14, 2000. Member of the public Joe Natoli addressed the Council regarding the Boat House and the Pier Restoration Corporation. Member of the public Vinita Lark discussed a letter of protest for bidding on the repair of Earthquake Damaged Sewers. Member of the public Glen Lingle discussed fluoridation of the water supply. Member of the public Quincy discussed various items. On order ofthe Temporary Mayor, the City Council recessed to closed sessions at 11 :20 p.m., and reconvened at 11 :35 p.rn., to report the following: 16-A: Conference with Legal Counsel- Existing Litigation: Doue:las HeUer. et at v. City of Santa Monica. et at, Case No. SS 009558. ACTION: Heard. No reportable action taken. 16-B: Conference with Legal Counsel- Existing Litigation: Rine: Tradine: COrD. v. City of Santa Monica. Case No. BC 172 044 (consolidated with Mountain View Mobile Inn Residents Association. Inc. v. City of Santa Monica. et at, Case No. SC 052 672. ACTION: Heard. No reportable action taken. 16-C: . Conference with Legal Counsel - Existing Litigation: J. Frank Fitze:ibbons v. City of Santa Monica. Case No. SC 059 379. Motion bv Councilmember McKeown. seconded bv Councilmember Bloom, to settle the lawsuit in the amount of$57,500. The motion was approved by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, Temporary Mayor Rosenstein None Councilmember Holbrook, Mayor Pro Tern O'Connor and Mayor Genser NOES: ABSENT: 8 October 24,2000 1388 I6-D: Conference with Legal Counsel- Existing Litigation: Ray Hart r~' v. Citv of Santa Monica, Superior Court Case No. SC 058 435. ACTION: Heard. No reportable action taken. Conference with Legal Counsel - Existing Litigation: David Levv. et at v. City of Santa Monica, Case No. SC 063147. ACTION: Heard. No reportable action taken. Conference with Legal Counsel - Existing Litigation: James Bell v. Citv of Santa Monica, Case No. BC 052 215. ACTION: Not heard. Conference with Legal Counsel - Existing Litigation: California Attornevs for Criminal Justice v. Butts, Case No. CV 95-8634. ACTION: Not heard. Conference with Legal Counsel - Existing Litigation: U-Haul Co.. et at v. Citv of Santa Monica, Case No. CV 00-10225. ACTION: Heard. No reportable action taken. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11 :40 p.rn. to November 14,2000, in memory of James Bart Blakely and Laverne Keene. -- ~:~ ~ Maria M. srew~ City Clerk ~ROVED: k:~~ Mayor 9 October 24, 2000