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M-1/8/2002 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 8, 2002 A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at 5:46 p.m., on Tuesday, January 8, 2002, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Michael Feinstein Mayor pio Tern Richard Bloom Councihnember Ken Genser (arrived at 6:05 p.m) Councihnember Robert T. Holbrook Councihnember Herb Katz Councihnember Kevin McKeown Councihnember 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 5:46 p.m., with Councihnember Genser absent. Councihnember O'Connor led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: The Consent Calendar was presented, whereby all items were considered and approved in one motion unless removed by a CounciImember for discussion. Members ofthe public Bob Seldon, Joy Fullmer, Chris Harding, Peter Horton and Hart Bodmer addressed concerns and support for various consent calendar items. NOES: ABSENT: Motion by Councihnember O'Connor. seconded by Councihnember 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: Councihnembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tern McKeown, Mayor Feinstein None Councihnember Genser January 8, 2002 MINUTES FIBER OPTIC CONDUIT HIV COMMUNITY CENTER BEACH PEDESTRIAN ACCESS AL TERNATIVE FUEL/ ELECTRIC VEHICLES BBB - SECURITY SERVICES I-A: The minutes of November 13,20,27, and December 11,2001, City Council meetings, were approved as submitted. I-B: Agreement with Pacific Bell for joint trenching for fiber optic conduit along various City streets - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8060 (CCS) with Pacific Bell, in the amount of$220,000, for joint trenching to lay a fiber optic conduit network along Broadway and various other City streets, was approved. l-C: Grant funds for tenant improvements and moving costs for "Common Ground - HIV Community Center" - recommendation to approve a purchase order to Common Ground, in the amount of $90,000, in the form of a Community Development Capital Improvement grant for tenant improvements and moving costs, was approved. I-D: Design services for rehabilitation of the Broadway Path and Montana Avenue Beach Pedestrian Access stairs - recommendation to authorize the City Manager to negotiate and execute professional services Contract No. 806t' (CCS) with Wallace, Roberts and Todd, in the amount of $80,000, for design services for the rehabilitation of the Broadway path and Montana Avenue beach pedestrian access stairs, was approved. l-E: Waiver of permit and parking meter fees for alternative fuel vehicles and restriction of parking spaces to electric vehicles _ recommendation to: waive permit fees for installation of electrical service for electric vehicle chargers, and solar photovoltaic or solar thermal systems; to restrict parking spaces equipped with electric vehicle chargers to electric vehicles only; to waive parking meter fees for certified alternative fuel vehicles; and to direct the City Attorney to draft any necessary changes to the Municipal Code and return with a recommended ordinance for adoption, was approved. I-F: Security Services at Big Blue Bus Facilities - recommendation to authorize the City Manager to negotiate and execute Contract No. 8062 (CCS) with Guardsmark, Inc., in the annual amount of$350,000, to provide security services at Santa Monica's Big Blue Bus facilities, and approve the recommended budget changes, was approved. 2 January 8, 2002 CLOSED SESSIONS SPECIAL ITEMS: On order of the Mayor, the City Council adjourned at 6:04 p.m., to consider closed sessions, and reconvened at 7:00 p.m., to report the following: 2-A: Conference with Legal Counsel- Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SS 067 899. ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: Boathouse. Inc. v. City of Santa Monica, Case No. CV 01-07106. ACTION: Not heard. 2-C: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. David Levy. et al., Case No. SC 063147. ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel- Existing Litigation: Southern California Water v. City of Santa Monica, Case No. SC 064 682. ACTION: Not heard. 2-E: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co.. et al., Orange County Superior Court Case No. 01CC04331. ACTION: Not heard. 2-F: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Six. ACTION: Five cases heard. No reportable action taken. 4-A: Commendation to the Santa Monica High School Football Team for winning the California Interscholastic Federation Championship. The Mayor issued a commendation to the Football Team. 3 January 8, 2002 ORDINANCES: MORATORIUM - 3RD STREET PROMENADE 7-A: Adoption of interim ordinance extending moratorium on Third Street Promenade - first reading and adoption ofInterim Ordinance No. 2032 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING A MORATORIUM ON NEW OR EXPANDED RETAIL USES ON THE GROUND FLOOR OF THE THIRD STREET PROMENADE WITH LIMITED EXCEPTIONS AND DECLARING THE PRESENCE OF AN EMERGENCY"; and, recommendation to establish a Promenade Uses Task Force, was presented. The following members ofthe public stated concerns regarding various portions of the proposed ordinance and made suggestions: Jerry Rubin, Bill Tucker, Ann Greenspun. The following members ofthe public spoke in support of a task force and provided suggestions: Vivian Benjamin, Marilyn Ruddell, Kathleen Rawson. Members ofthe public Janet Morris and Joe Natoli spoke in opposition to the proposed ordinance. Motion by Councilmember Genser. seconded by Councilmember O'Connor, to introduce and adopt the ordinance, reading by title only and waiving further reading thereot: and amending it from a two-year to a one-year moratorium. Motion by Mayor Pro Tern McKeown. seconded bv Mavor Feinstein, to amend the motion to include direction to staff to return with a moratorium recommendation and possible additions regarding the consolidation of storefronts, with Council prioritizing the Planning Department's workload in February. The amendment, not accepted as friendly, was approved by the following vote: AYES: Councilmembers Bloom, Genser, Mayor Pro Tern McKeown, Mayor Feinstein Councilmembers Holbrook, O'Connor, Katz None NOES: ABSENT: The main motion, as amended, was approved by the following vote: AYES Councilmembers Katz, Genser, Bloom, O'Connor, Mayor Pro TemMcKeown Councilmember Holbrook, Mayor Feinstein None NOES: ABSENT: 4 January 8, 2002 STAFF ADMIN. ITEMS: BUDGET PRIORITIES Mayor Feinstein stated, for the record, that he voted in opposition because the action creates an unrealistic short timeline with no opportunity for public process and input, and did not sufficiently deal in advance with the issue of consolidation of commercial spaces. Motion bv Mayor Feinstein. seconded by Councihnember Katz, that as to the formation of the Task Force, that the Bayside District make two appointments with one to be a restauranteur who mayor may not be on the Bayside Board, and that Council appoint a commercial property owner in addition to the recommended three Councihnembers and one Planning Commissioner. The motion was approved by the following vote: AYES: Councihnembers Katz, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein Councihnember Genser None NOES: ABSENT: Discussion ensued as to the appointment of three Councihnembers and the number of Councihnembers interested. After considerable discussion, it was the consensus of Council to continue the appointments of Councihnembers to a subsequent meeting. 8-A: Public hearing and approval of budget priorities for Fiscal Year 2002-2003 - recommendation that Council hold a public hearing, consider the information presented by staff, and direct staff on appropriate budget priorities for the next fiscal year, including CDBG and HOME programs, was presented. The following members of the public spoke in support of funds for a Disability Commission: Mary Ann Glicksman, Elizabeth Bancroft, Christopher Arroyo, Kecia Weller, Jerry Rubin, and Samuel Gerenskey. The following members of the public spoke in support of additional funding for the Unified School District, in addition to other issues such as child care, green space, and trees: Michael Rich, Cheri Orgel. John Deasy, Julia Brownley, Maria Leon-Vasquez, Craig Hamilton, Harry Keiley, Shari Davis, Ralph Mechur, Denny Zane, Louise Jaffe, Jean Gebman, and Judy Abdo. 5 January 8, 2002 The following members of the public spoke for full funding of the Municipal, Pool, Virginia Avenue Park Expansion, maintenance of parks and public restrooms, joint uses of playing field with the school district, and the Airport Playing Field: Steve Mount, Lori Nafshun, Neil Carrey, and Frank Schwengel. Member of the public Sandy Grant spoke in support of continued funding for Sustainable City activities. Members of the public Louise Gabriel and Andrea Engstrom spoke in support of funding for the Historical Society. Member of the public Patricia Hoffinan spoke in support of additional and continued funding for affordable housing and the school district. Members of the public Nicole Picard, John Hodgson, Robert Rotman, Judy Lee, Dennis Woods, Jamie Zazow and Edwin McCann spoke in support of funding for improvements for their neighborhood known as "Borderline Group.'" Member of the public Pam Vavra spoke in support offunding for the legal advocacy program. Member of the public Oscar de la Torre spoke in support offunding for education and older youth services. Member of the public Robin Waner spoke in support offunding for activities to resolve homeless-related problems. Discussion ensued on budget priorities. Mayor Pro Tern McKeown excused hirnselffrom participating in the Santa Monica-Malibu Unified School District budget assistance issue due to a conflict of interest, at 12:15 a.m., and returned at 12:45 p.m., when that part of the discussion ended. 6 January 8, 2002 PROPOSED CHARTER AMENDMENT (VERITAS) Councilmember Holbrook was excused at 12:45 a.m. REPORTS -BOARDS & COMMISSIONS: ARB NOTIFICATION REQUIREMENTS Motion by Mayor Feinstein.. seconded by Mayor Pro Tem McKeown, to continue prioritizing the five priorities supported for the last two years education, community livability/quality of life, mobility, affordable housing, and sustainability, and add the guiding principle of economic flexibility. The motion was approyed by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSEN' 8-B: Qualification of petition for proposed Charter Amendment entitled: Voters Election Reform Initiative for True Accountability System (VERITAS) - recommendation to accept the qualified petition for a proposed Charter Amendment and set a date for an election for the purpose of placing the measure on the ballot for a public vote, was presented. Members of the public Paul De Santis and Irene Zivi spoke in support ofthe proposed charter amendment. Member ofthe public Chuck Allord spoke in opposition to the proposed charter amendment. Members of the public Brian Hutchings and Joe Natoli expressed various concerns. Motion by Mayor Pro Tem McKeown. seconded by Councilmember Gense~, to place this matter on the November 5, 2002, municipal election ballot. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT: 10-A: Request of the Architectural Review Board (ARB) to modify notification requirements for Architectural Review Board related projects, was presented. Member of the public Robin Waner spoke in support of the request 7 January 8, 2002 WRITTEN COMMUNICATIONS: CONSTRUCTION OF DRIVEWAY COUNCIL ITEMS: PIER RESTORATION CORPORATION Motion by Mayor Pro Tern McKeown, to direct staff to return with an ordinance setting forth the requirements proposed in the request and including suggestions for setting time limits, and including a notification to members of the public who attend variances. The motion died for lack ofa second. Motion by Councilmember Genser. seconded bv Councilmember O'Connor, to direct staff to return on February 12, 2002, when the Planning Department presents its workload priorities, with information on the request, with the understanding that Council would like to see posting of properties begin as quickly as possible and will be looking to do it in the most cost-effective way, and explore the possibility of mailing notices. In addition to look at the possibility of notification of all those who participated in any part of the project to receive notification of the ARB's hearing. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 12-A: Request of Robert and Linda Posek to address Council to request a hearing regarding the construction of a driveway in their property and the City Arborist's decision of the placement of the driveway relative to a Canary Island Pine tree in the adjacent parkway. On order of the Mayor, this matter was continued to January 22,2002. 13-A: Appointment to one annual vacancy on the Pier Restoration Corporation for a term ending November 8, 2005. The Mayor opened the floor for nominations. Councihnember McKeown nominated Linda Wade. Councihnember Katz nominated Bill Crookston. Councilmember Genser nominated Kent Smith There being no other nominations, the results ofthe vote were as follows: Linda Waade: Bill Crookston Kent Smith: Absent: Mayor Pro Tern McKeown, Mayor Feinstein Councilmember Katz Councilmembers Genser, Bloom, O'Connor Councilmember Holbrook Councilmember Katz requested to change his vote to Ms. Wade, which change resulted in a 3-3 tie. On order ofthe Mayor and with the consensus of Councilmembers present, the appointment was continued to January 22, 2002. 8 January 8, 2002 TRAVEL REQUEST UNLICENSED BLDG. MAINTENANCE CONTRACTOR 13-B: Request by Council liaison to the Planning Commission, Mayor Pro Tem McKeown, at the request of the Commission, to authorize Planning Commissioner attendance at the League of California Cities Planners' Institute from March 20-23, 2002, in Monterey, California, was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Bloom, to approve request. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 13-C: Request of Mayor Pro Tern McKeown to direct that staff prepare an ordinance prohibiting any person from entering into an agreement for services with an unlicensed building maintenance contractor, with an exemption for residential housecleaning, and requiring assurance that contractors and subcontractors have valid City business licenses, was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genset;:, to approve request, including infonnation on the cost of enforcing such an ordinance. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. SMM-USD JOINT USE 13-D: Request of Mayor Feinstein to direct staff to explore with the AND FUNDING OPTIONS Santa Monica-Malibu Unified School District potential joint use and funding options, including but not limited to: 1) the Civic Center and Santa Monica High School, that could include parking, playing fields, and other expansion of the school campus; 2) acquisition and Mayor Pro Tem McKeown development of land such as 2932-2944 Nebraska Avenue and the 3000 was excused at 1:48 a.m. Block of Olympic Boulevard for joint school affordable housing, arts, and media/communication purposes; and 3) 415 Pacific Coast Highway for district office and function space, and community use, was presented. Mayor Pro Tern McKeown excused himself from this matter due to a conflict of interest. Members of the public Ralph Mechur, John Deasy and Jean Gebman spoke in support of the request. Member of the public Chuck Allord spoke in opposition to the request. Discussion ensued regarding the scope ofthe request and Council's existing budget priorities. 9 January 8, 2002 SENATE BILL 633 Mayor Pro Tem McKeown returned at 2:00 a.m. Councilmembers Bloom and Katz were excused at 2:10 a.m. PUBLIC INPUT: ADJOURNMENT: Motion by Mayor Feinstein. seconded by Councilmember Katz, to direct staff to explore with the school district potential joint use and funding options generally, and withdrawing the remaining portion of the request. The motion was unanimously approved by voice vote, with Councilmember Holbrook and Mayor Pro Tern McKeown absent. 13-E: Request of Councilmembers O'Connor and Genser to oppose Senate Bill 633, which would allow the federal government to supercede local zoning and environmental review of airports, and to authorize staff to communicate the City's position to appropriate parties, was presented. Motion by Councilmember O'Connor. seconded by Mayor Pro Tern McKeo~ to approve request. The motion was unanimously approved by voice vote, with Councilmembers Bloom, Holbrook and Katz absent. Member of the public Pro Se expressed various opinions on the performance ofthe Mayor. On order of the Mayor, the City Council meeting was adjourned at 2:12 a.m. to January 22,2002, in memory of Pete Gibson. ATTEST: -~~ .~....t Maria M. Stewart City Clerk ~ 10 January 8, 2002