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M-10/22/2002 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 22, 2002 A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:55 p.m., on Tuesday, October 22,2002, at City Council Chambers, 1685 Main Street. Roll Call Present Mayor Michael Feinstein Mayor Pro Tern Kevin McKeown Councilmember Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 7:00 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 5:55 p.m., with Councilmember Holbrook absent. Councilmember Bloom 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, Pro Se and Brian Hutchings addressed comments to Consent Calendar items. At the request of Council member Katz, Item I-A was removed from the Consent Calendar. Motion by Mayor Pro TemMcKeown, seconded by Councilmember O'Connor, to approve all items on the Consent Calendar as presented except Item I-A, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: AYES Councilmembers O'Connor, Bloom, Genser, Katz, Mayor Pro Tern McKeown, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT: I October 22, 2002 CONSENT CALENDAR: FLEET MANAGEMENT SYSTEM LOCAL SALES AND USES TAX I-B: Purchase of Advanced Fleet Management System- recommendation to authorize the City Manager to negotiate and execute Agreement No. 8153 (CCS) with Siemens Transportation Systems, Inc., in the amount of$6,311,245.90, for purchase of the system; and Contract No. 8154 (CCS) in the amount of $939,547, for a five-year maintenance agreement, was approved. l-C: Resolution No. 9803 (CCS) entitled: "A RESOLUTION OF tHE CITY OF SANTA MONICA AMENDING RESOLUTION NO. 9639 (CCS) TO CONFORM TO STATE GUIDELINES REGARDING THE ADMINISTRATION AND COLLECTION OF LOCAL SALES AND USE TAXES," was adopted. FIRE/POLICE DISPATCH I-D: PolicelFire Dispatch furnishings for the Public Safety Facility _ FURNISHINGS recommendation to award a purchase order to Evans Consoles, Inc., in the amount of $267,315, to furnish, deliver, and install dispatch furnishings in the new Safety Building, and approve proposed appropriation, was approved. PUBLIC SAFETY FACILITY PLANNING - TECHNICAL SERVICES RECYCLED WATER RATE IMPORTED WATER SUPPLY l-E: Material testing and inspection services for the Public Safety Facility construction - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7969, with Twinings Laboratories, in the amount of $40,000, to provide material testing and inspection services for the Public Safety Building, was approved. I-F: Provision of various technical services for the Planning Department - recommendation to authorize the City Manager to negotiate and execute: an amendment to Contract No. 7742 (CCS) with Bing Yen and Associates, in the amount of $190,000; an amendment to Contract No. 7740 (CCS) with Esgil Corporation, in the amount of $300,000; and Contract No. 9155 (CCS) with JAS Pacific, in the amount of $300,000, was approved. I-G: Resolution No. 9804 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING A RECYCLED WATER RATE," was adopted. I-H: Recommendation to authorize the City Manager to execute a purchase order for provision of imported water supply by the Metropolitan Water District, was approved. 2 October 22, 2002 RECYCLING PROGRAM I-I: Citywide co-mingled recycling program - recommendation to expand the existing pilot program of commingled recycling citywide, was approved. 312-316 SANTA MONICA 1-1: Authorization to open preliminary discussions for possible BOULEVARD acquisition of real property located at 312-316 Santa Monica Boulevard, was approved. HOUSING AND l-K: Resolution No. 9805 (CCS) entitled: "A RESOLUTION OF THE EMERGENCY SHELTER CITY OF SANTA MONICA ENDORSING PROPOSITION 46 (HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002)," was adopted. MINUTES I-A: The minutes of the July 17, July 23, August 6, and August 3 2002, City Council meetings were approved, as presented. Councilmember Katz advised he moved this item from the Consent Calendar because he was absent for the August 13th meeting and wanted to abstain from action taken on those minutes. Motion by Councilmember O'Connor. seconded by Councilmember Genser, to approve the minutes as submitted. The motion was approved by voice vote with Councilmember Katz abstaining on the vote for the August 13, 2002 minutes, Mayor Pro Tern McKeown abstaining on the July 17, 2002 minutes due to his absence from that meeting, and with Councilmember Holbrook absent. CLOSED SESSIONS: On order of the Mayor, the City Council recessed at 6: 10 p.m. to discuss closed sessions, and returned at 7:05 p.m., to report the following: Council member Holbrook arrived at 7:00 p.m. 2-A Conference with Real Property Negotiator. Property: 312-316 Santa Monica Boulevard Owner of Record: Serious and Debra Moini City Negotiator: Mark Richter, Real Estate Manager Under Negotiation: Acquisition of Real Property ACTION Heard. No reportable action taken 2-B: Conference with Legal Counsel - Existing Litigation: U-Liner West v.Clark Construction, Case No. SC 067 081. ACTION Heard No reportable action taken. 3 October 22. 2002 STUDY SESSION: SPECIAL ITEMS: ORDINANCES: FOOD DISTRIBUTION ON PUBLIC PROPERTY 2-C: Conference with Legal Counsel- Existing Litigation: Jaime Cruz v. City of Santa Monica, Case No. CV 01-03261 ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel- Existing Litigation: Peter BODIes v. City of Santa Monica, Case No. SC 074 042. ACTION Heard. No reportable action taken 2-E: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC04331. ACTION: Heard. No reportable action taken. Conference with Legal Counsel- Anticipated Litigation: Number of cases: Four. ACTION Two cases heard. No reportable action taken. 3-A: Main Library Design Update, was presented by staff. Staff responded to questions from staff Discussion ensued on the information presented. On order of the Mayor, the information was received and filed. ACTION Study session held 4-A: The Mayor presented a commendation to the Santa Monica Little League Girls Softball team and the Santa Monica Little League Boys team. 7-A: Second reading and adoption of Ordinance No. 2055 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SPECIFYING REQUIREMENTS FOR THE DISTRIBUTION OF FOOD ON PUBLIC PROPERTY," was presented. Motion by Councilmember Bloom. seconded by Councilmember 0' Connor, to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook Mayor Pro Tem.McKeown, Mayor Feinstein None 4 October 22, 2002 Mayor Pro Tern McKeown stated for the record that he voted against the motion because he does not feel enough time has been taken to assure there is an alternate available for the legitimate needs of seniors on fixed income and others who have relied on these charitable food distributions. Mayor Feinstein stated for the record that he voted in opposition because although he agrees with the goal of better linking food and other services to those who need them, he believes this is a dishonest use of the law that will not be effective, that will be counterproductive, and will lead the community to false expectations that a problem has been addressed instead of comprehensive solutions that work for everyone. SITTING/L YING IN DOWNTOWN DOORWAYS 7-B: Second reading and adoption of Ordinance No. 2056 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA PROHIBITING SITTING OR LYING IN DOWNTOWN DOORWAYS DURING LATE NIGHT AND EARL YMORNING HOURS," was presented. Motion bv Councilmember Bloom. seconded by Councilmember Katz, to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tern McKeown, Mayor Feinstein. None None NOES: ABSENT: TENANT PROTECTION 7-C: Second reading and adoption of Ordinance No. 2057 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTERS 1 AND 8 OF THE MUNICIPAL CODE, EXPANDING THE REQUIREMENTS FOR TENANT PROTECTION DURING CONSTRUCTION, EXP ANDING THE SCOPE OF ADMINISTRATIVE CITATIONS, AND AMENDING AND EXP ANl!>ING THE REQUIREMENTS FOR THE PLACEMENT OF UNDERGROUND UTILITIES," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz, to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook. Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 5 October 22. 2002 PARKING METER FEES 7-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 13 RELATING TO VEHICLES DISPLAYING CLEAN AIR VEHICLE DECALS AND WAIVING OF PARKING METER FEES," was presented. STAFF ADMIN. ITEMS: SPECIAL JOINT MEETING - 2002-03 BUDGET CHANGES Members of the public Jerry Rubin and Robert Curtis spoke in support of the ordinance. Motion by Mayor Pro Tern McKeown, seconded by Councilmember Katz, to introduce the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz: Mayo~ Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT SPECIAL JOINT MEETING OF THE CITY COUNCIL. THE PARKING AUTHORITY AND THE REDEVELOPMENT AGENCY: 8-A: Recommendation to Adopt FY 2001-02 and Fiscal Year 2002-03 Budget Changes, Adopt Resolutions Revising Various Building and Safety and Planning related Fees, and Establishing New Classifications and Salary Rates - recommendation to adopt Fiscal Year 2001-02 and Fiscal Year 2002-03 Budget Changes; adopt Resolution No. 9806 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING VARIOUS PERMIT AND USER FEES RELATED TO DEVELOPMENT REVIEW, RECORDS, INSPECTION AND GENERAL SERVICE~ IN ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT, FIRE, PLANNING AND COMMUNITYDEVELOPMENTDEPARTMENTS1\ND SETTING NEW USER FEES [N THE COMMUNITY AND CUL ruRAL SERVICES DEPARTMENT RELATED TO DEVELOPMENT REVIEW AND ESTABLISHING THE COSTS OF STAFFING FOR CODE ENFORCEMENT." and adopt Resolution No. 9807 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISIUNG VARIOUS NEW CLASSIFICATIONS AND SALARY RATES," was presented. Members of the public Joey Fullmer and Brian Hutchings expressed various concerns on the matter. 6 October 22, 2002 ADJOURNMENT OF SPECIAL JOINT MEETING SPECIAL JOINT MEETING: MOUNTAIN VIEW MOBILE HOME PARK Motion by Councilmember Katz. seconded by Councilmember O'Connor, to approve staff recommendation related to the budget changes. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown, to adopt the resolution setting various salaries and classifications as submitted, and the resolution setting fees amended to delete the four lines on the bottom of page E-8 under section "1 O-Code Enforcement" for Discretionary Permit Monitoring fees, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT On order of the Mayor, the special joint meeting with the Parking Authority and the Redevelopment Agency was adjo,,!rned at 10:22 p.m., and the City Council reconvened to a joint meeting with the Redevelopment Agency. 8-B: Resolutions authorizing an agreement for acquisition of Mountain View Mobile Home Park - recommendation that the City Council adopt Resolution No. 9808 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A COOPERATION AGREEMENT, ACCEPTING GRANT FUNDS; PLACING AFFORD ABILITY COVENANTS ON THE MOUNTAIN VIEW MOBll.-E HOME PARK, AND FINDING THAT THE PROJECT IS OF BENEFIT TO THE EARTHQUAKE RECOVERY PROJECT AREA," and that the Redevelopment Agency adopt Resolution No. 476 (RAS) entitled: "A RESOLUTION OFIHE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA APPROVING A COOPERATION AGREEMENT, ACCEPTING GI(ANT FUNDS; PLACING AFFORDABILITY COVENANTS ONIHE MOUNTAIN VIEW MOBILE HOME PARK, AND FINDING THATiTIffi PROJECT IS OF BENEFIT TO THE EARTHQUAKE RECOVERY PROJECT AREA," was presented. Member of the public Joey Fullmer expressed various concerns. 7 October 22. 2002 ADJOURNMENT OF SPECIAL JOINT MEETING Motion by Mayor Pro Tern McKeown. seconded by Mayor Feinstein, to adopt resolution, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: On order of the Mayor, the special joint meeting with the Redevelopment Agency was adjourned at 10:27 p.m., and the City Council reconvened, with all members present, to its regular meeting. PARKING TASK FORCE 8-C: Establishment of East-West Commercial Corridor Parking Task Force and authorization to transmit to Santa Monica City College alternative parking scenarios and issues to be evaluated in the Madison Campus Environmental Impact Report, was presented. Coullcilmember Katz was excused at 10:28 p.m. COll11ci/member Katz returned at 10:45 p.m. Members of the public Joe Weichman, Chuck Allord, Debie Mahdessian, Mark Harding, and Candace McGranahan expressed their views regarding the proposal. Councilmember Katz requested to be excused from participating in the Santa Monica College portion of the recommendation due to a conflict of interest. Motion by Mayor Feinstein.. seconded by Councilmember Genser, to transmit to Santa Monica City College alternative parking scenarios and issues to be evaluated in the Madison Campus Environmental Impact Report including an above-ground park and below ground parking. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Mayor Pro Tern McKeown, Mayor Feinstein None Councilmember Katz NOES: ABSENT: Motion by Mayor Feinstein. seconded by Councilmember Kat~ to approve the establishment of a Task Force made up of three (3) Councilmembers and two (2) Planning Commissioners. The motion was approved by the following vote: 8 October 22, 2002 PLANNING WORK PRIORITIES AYES Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 8-D: Revisions to the Planning and Community Development Department Work Program Priorities related to preparing Downtown Design Standards, was presented. Members of the public Brenda Lehmann, Dan Shendan and Mark Harding spoke in support of the Auto Dealer Standards. Motion by Mayor Feinstein. seconded by Councilmember Katz, to defer the Antenna Ordinance; to keep the Auto Dealer Standards; and direct staff to return with interim development standards and process for dealing with unusual topography for Sunset Park and North of Wilshire neighborhoods. The motion was approved by the following vote: AYES Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: PUBLIC HEARINGS: 9-A: Public hearing for the formation of Assessment District A on STREETLIGHT Princeton Street (Montana to Washington Avenues) and District Bon ASSESSMENT DISTRICT Washington Avenue (Princeton to Harvard Streets) - recommendation to hold public hearing, receive public comment, close public hearing and continue to November 12, 2002, to receive certified results on the assessment election, and take action, was presented. COUNCIL ITEMS: LANDMARKS COMMISSION There was no one present for the public hearing. On order of the Mayor, the public hearing was closed, and action on the recommendation was continued to November 12, 2002. 13-A: Appointment to two special vacancies on the Landmarks Commission with terms ending June 30, 2004. On order of the Mayor, the floor was opened for nominations. Councilmember O'Connor nominated James Rosenfield to the Real Estate Licensee seat and requested to continue the second vacancy to November 12, 2002. 9 October 22. 2002 COMMISSION ON THE STA TUS OF WOMEN PIER RESTORATION CORPORATION MODIFICATION OF HOUSING EXEMPTION There being no other nominations, Mr. Rosenfield was appointed to one vacancy and the second vacancy was continued as requested. 13-B: Appointment to one annual vacancy on the Commission on the Status of Women for a term ending June 30,2006, and to one special vacancy for a term ending June 30, 2004. 13-C: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2003. 13-D: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30, 2005. On order of the Mayor, Items 13-B, 13-C, and 13-D to be acted on concurrently, and the floor was opened for nominations. Mayor Feinstein nominated Mar Preston to vacancy ending June 30, 2003~ Andrea Lipton to term ending June 30, 2004; Geraldine Starr to term ending June 30,2005; and Tia Skulski to term ending June 30,2006. There being no other nominations, the nominees were elected by acclamation, with all members present. 13-E: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 14, 2006. On order of the Mayor, this item was continued to November 12, 2002. 13-F: Request of Councilmember Katz to direct staff to prepare an ordinance modifying the housing exemption in Ordinance No. 1999 (CCS) that lowered development review thresholds in most commercial zoning districts to 7,500 square feet of floor area, which currently exempts housing projects with 25% affordable housing, to instead include the same housing exemption as it contained in the recently enacted ordinance lowering the development review t~reshold for Santa lVlonica's downtown, was presented. Motion by Councilmember Katz. seconded by Councilmember Holbrook, to approve request. The request failed by the following vote: AYES: NOES' Councilmembers Holbrook, Katz Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tern McKeown,MayorFcin~ein None ABSENT 10 October 22, 2002 ACCESSffiILITY APPEALS BOARD Councilmember Bloom was excused at 11:55 p.m. PROPosmON 47 MTA WEST-CENTRAL REPRESENTATION PUBLIC INPUT: ADJOURNMENT: 13-G: Acceptance of Audrey Parker's letter of resignation from the Accessibility Appeals Board of the Building and Safety Commission, and recommendation to authorize the City Clerk to publish the vacancy, was presented. Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to accept the resignation with regrets and approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Bloom absent. 13-H: Request of Mayor Feinstein to support Proposition 47, the Kindergarten-University Public Education Facilities Bond Act of 2002, which will provide $13 billion in facilities and maintenance bonds for California's public schools, colleges and universities, was presented. Motion by Mayor Feinstein, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmember Bloom absent. 13-1: Request of Mayor Feinstein to discuss and take action on the process for nominating City of Santa Monica representatives to the Los Angeles County Metropolitan Transportation Authority Sector Governance Council for the West-Central region, with a target date for nominations of November 12, 2002, was presented. Motion by Mayor Feinstein.. seconded by Councilmember Katz, to approve request. The motion was unanimously approved by voice vote, with Councilmember Bloom absent. Members of the public Mary Marlow, Mark Kreher, Andrea Bolding Bitler, Mark Alan Bitler, Jeff Weinstein, Douglas Cheek and Taylor Kincaid spoke regarding threshold standards for residential projects. Members of the public Pro Se, Brian Hutchings, Will B. King and Peter Benjamin addressed various concerns. On order of the Mayor, the City Council meeting was adjourned at 12:36 a.m. to November 12, 2002. . 't~~.~~ . ~ ~ ~o.N' Maria M. Stewart City Clerk ~:JrOVED' ...~. / /~E~ ~r:-/L.~ Michaeltci~l:ein I Mayor October 22, 2002