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M-10/14/2003 (2) CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 14, 2003 A regular meeting oftJ1e Santa Monica City Council was called to order by Mayor Pro Tern McKeown at 6:14 p.ml on Tuesday, October 14,2003, at City Council Chambers, 1685 Main Street. III Ro II Call: Present:. Mayor Richard Bloom (arrived at 7:03 p.m.) Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 7:05 pm.) Councilmember Herb Katz Councilmember Pam O'Connor (arrived at 7:15 p.m.) Also Pr~sent: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart III CONVENEIPLEDGFl: On order ofthe Mayor Pro Tern, 1the City Council convened at 6:14 p.m., with Councilmembers O'Connor, Holbrook and Mayor Bloom absent. Fire Chief Jim Hone led the assemblage in the Pledge of Allegiance. CONSENT CALEN.q;AR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member ofthe public Joey Fullme:r expressed various concerns. At the request ofCouncilmember Genser, Items I-F and I-I were removed from the Consent Calendar. At the request ofCouncilmember Katz, Items I-B and l-E were removed from the Consent Calendar. Motion by Councilmember Feinstein. seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented except Items I-B, I-F and I-I, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: 1 October 14, 2003 MINUTES MICROCOMPUTERs WATER EFFICIENCY PROGRAM EMT INTERNSHIPS PROMENADE USES TASKFORCE WINTER DISPLAYS A. YES. Councilmembers Genser, Katz, Feinstein, Mayor Pro Tem McKeown None Councilmembers Holbrook, O'Connor, Mayor Bloom NOES: ABSEN I-A: The minutes of the August 26, 2003,ity Council meeting, were approved as submitted. l-C: Purchase of microcomputers - recommendation to authorize the City Manager to negotiate and execute Contract No. 8284 (CCS) with Gateway Companies, Inc., not to exceed $1,807,560, to provide, install and maintain microcomputers for four years, with four additional one-year renewal options, was approved. I-D: Resolution No. 9897 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT CONTRACT WITH THE STATE OF CALIFORNIA AND CERTIFY GRANT INVOICES FOR THE COMPREHENSIVE MEDICAL FACILITY TURN-KEY WATER EFFICIENCY PROGRAM," was adopted. I-G: EMT -Paramedic internships - recommendation to authorize the City Manager to negotiate and execute Contract No. 8285 (CCS) with Northern California Training Institute to provide internship opportunities for EMT -Paramedic students attending the Northern California Training Institute, was approved. I-H: Provision of consulting se:rvices to the Promenade Uses Task Force - recommendation to approve a modification to Agreement No. 8286 (CCS) with Project for Public Spaces, in the amount of$3,900, for additional services required, was approved. I-J: Resolution No. 9898 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SPECIFYING THE LOCATION. AVAILABLE FOR WINTER INSTALLATIONS OR DISPLAYS IN PALISADES PARK.," was adopted. 2 )ctober 14, 2003 DEMONSTRATION GARDEN I-B: Ashland Walk Demonstration Garden - recommendation to authorize the City Manager to negotiate and execute Contract No. 8283 (CCS) with Melendrez Design Partners, in the amount of$72,600, to perform outreach, planning, designer selection and evaluation services for the Ashland Walk Demonstration Garden, was presented. Councilmember Katz advised he removed this item because he had questions regarding the cost. Staff responded to Councilmember Katz' questions. Motion by Councilmember Katz. seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern McKeown None Councilmembers Holbrook, O'Connor, Mayor Bloom NOES: ABSEN REMAINING CONSENT On order ofthe Mayor Pro Tern, Items I-E, 1-F and 1-1 to be considered CALENDAR ITEMS after Closed Sessions, when all Councilmembers are present, in order to have a quorum for the vote. JOINT MEETING WITH On order of the Mayor Pro Tern, the regular City Council meeting recessed THE REDEVELOPMENT to a joint meeting with the Redevelopment Agency at 6:33 p.m., with AGENCY ,Councilmembers O'Connor and Holbrook, and Mayor Bloom absent. PARKING STRUCTURE 8 1-K: Seismic Retrofit of Parking Structure 8 - recommendation that the City Council and the Redevelopment Agency approve an amendment to Contract No. 8080 (CCS) with Black & Veatch, Inc., in the amount of $97,725, to cover additional construction management costs for the seismic retrofit of Parking Structure 8, was presented. There was no one present for public comment Motion by Councilmember Genser, seconded by Cotmcilmember Feinstein, to approve staff recommendation. The motion was approved by the following vote: AYES- Councilmembers Feinstein, Katz, Genser, Mayor Pro Tern McKeown None Councilmembers Holbrook, O'Connor, Mayor Bloom NOES: ABSENT: October 4. 2003 ADJOURNMENT OIF SPECIAL MEETIN~ CLOSED SESSION&,: Mayor Bloom arrived ut 7:03 p.m. On order of the Mayor Pro Tem, the special joint meeting was adjourned at 6:34 p.m., and the regular City Council meeting reconvened and recessed to hear closed sessions. On order of the Mayor, the City Council reconvened at 7:40 p.m., with all members present to report the following action taken on closed sessions: 2-A: Conference with Legal Counsel- Existing Litigation: Russell Barnard v. City of Santa Monka, Case No. BC 281 367. Councilmember Holbrbok arrived at 7:05 p.m. ACTION: Councilmember 0 'Co~nor arrived at 7: 15 p. m. III Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683. ACTION Not heard. 2-C: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331. Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Katz, to approve Contract No. 8287 (CCS) in settlement of$4.5 million payable to the City from Ultramar, Inc. The motion was approved by the following vote: AYES Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 2-D: Conference with Legal Counsel- Existing Litigation: Santa Monica Food Not Bombs v. City of Santa Monica, 9th Circuit Court of Appeal Case No. 0356621. ACTION Heard. No reportable action taken. 2-E: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. David Levy. et aI., Case No. B157587. ACTION Heard. No reportable action taken. 4 October 14, 2003 RETURN TO CONS~ CALENDAR ITEMS:I 2800 LINCOLN Councilmember Katz was excused at 7:43 p.m. 1128 HOLLISTER Councilmember Katz returned at 7:44 p. m. 2-F: Conference with Legal Counsel- Existing Litigation: Randall Martinez v. City of Santa Moni<<:a, Case No. SC 064 466. ACTION: Heard. No reportable action taken. 2-G: Conference with Legal Counsel- Anticipated Litigation: Number of cases: Six. ACTION heard. One case heard, no reportable action taken. Five cases not On order of the Mayor, the City Council returned to the remaining Consent Calendar items. 1-E: Approval of Statement of Official Action on appeal regarding existing car wash operation at 2~~OO Lincoln Boulevard, was presented. Councilmember Katz advised he had a conflict of interest in this matter and requested to be excused. Motion bv Councilmember Feinstein. seconded bv Councilmember Genser, to approve Statement of Official Action. The motion was approved by the following vote: AYES Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern Mc:Keown, Mayor Bloom None Councilmember Katz NOES: ABSENT 1-F: Approval of Statement of Official Action on appeal of Landmarks Designation ofprop.~rty located at 128 Hollister Avenue, was presented. Councilmember Genser advised he had a conflict of interest in this matter Councilmember Genserwas and requested to be excused. excused at 7:44 p. m. Motion by Councilmember Feinstein.. seconded by Councilmember O'Connor, to approve Statement of Official Action. The motion was approved by the following vote: 5 October 14,2003 VACATION OF PROPERTY Councilmember Genser returned at 7: 45 p. m. ADMINISTRATIVE PROCEEDINGS: CIVIC CENTER PARKING STRUCTURE AYES Councilmembers f'einstein, Katz, O'Connor, Mayor Pro Tem McKeown, Mayor Bloom None Councilmember Holbrook Councilmember Genser NOES: ABSTAIN ABSENT: I-I: Recommendation to set a public hearing for November 11, 2003, to vacate a portion of First Court from Vicente Terrace to approximately 200 feet northerly, was presented. Councilmember Genser advised he removed this item for discussion as he had concerns regarding the impact of this action on the Civic Center Plan and the Rand Development project. Staff answered questions of Councilmembers and provided additional information. Discussion ensued as to the particulars ofthe proposed vacation of property. Based on the discussion, on order of the Mayor, no formal action was taken on this item. Staff was directed to provide an information report to Council on issues discussed. 6-A: Amendment of Statement of Overriding Consideration and Development Review Permit for the Civic Center Parking Structure to remove the requirement to provide a community meeting room and adoption Resolution No. 9899 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE CIVIC CENTER PARKING STRUCTURE PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN," was presented. Member of the public Jerry Rubin spoke in support of providing a community room for residents. Motion by Councilmember Holbrook. seconded by Councilmember O'Connor, to adopt Resolution No. 9899 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: 6 October 14, 2003 ORDINANCES: GAME ARCADES THIRD STREET PROMENADE USES AYES: Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor PrO' Tern McKeown, Mayor Bloom None None NOES: ABSENT: Motion by Councilmember O'Comlor. seconded by Councilmember Katz, to approve the development Review Permit amending the conditions of approval. The motion was approved by the following vote: AYES Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSEN' 7-A: Second reading and adoption of Ordinance No. 2097 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04. 12.090'OF THE MUNICIPAL CODE RELATING TO PERFORMANCE STANDARDS FOR GAME ARCADES," was presented. Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeown, 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, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Feinstein None NOES: ABSENT Councilmember Feinstein stated, for the record, that he voted against the motion because although he supports the performance standards, the action (videotaping in the arcade and the availability of the tapes) have unnecessarily restricted civil liberties without a demonstrable public benefit. 7-B: Introduction and first reading of an interim ordinance extending an initial interim ordinance limiting the frontage of new or expanded uses on the Third Stre.~t Promenade to no more than 50 linear feet, was presented. There was no one present for public comment 7 October 14, 2003 DWELLING UNIT DENSITY MOTORIZED MODJjtL VEHICLES Motion by Councilmember Feinstein. seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amending page 6, section (1) to read: "The proposed use is a theater, cinema, museum, or cultural facility use. . .' The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 7-C: Introduction and first re:ading of an interim ordinance modifying sections of the Munidpal Code related to using one-half of the alley to calculate dwelling unit density and measure rear yard setbacks from the center of adjacent alleys in all districts except Rl and OPl Single-Family Districts, was presented. Member of the public Joey Fulhner expressed various con~erns. Members of the public Michael Braun and Joanne Kootsikas spoke in support of an exemption to existing projects. Discussion ensued as to the requests made during public comment and the effects of the ordinance should it be implemented. After discussion, no formal action was taken. On order of the Mayor, the information was received and filed. 7-D: Introduction and first reading of an ordinance amending Section 4.08.190 of the Municipal Code to prohibit the operation of motorized model vehicles in bea4i:h parking lots, was presented. There was no one present for public comment. Motion bv Councilmember Feinstein. seconded by Councilmember Genser, to introduce ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O"Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 8 October 14, 2003 STAFF ITEMS: AIRPORT PARK PROJECT 8-A: Design Plans and certific~,tion of Final Environmental Impact Report (EIR) for Airport Park P'roject - "recommendation to approve the design plans for the project, adopt Resolution No. 9900 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL EIR," and adopt Resolution No. 9901 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM," was presented. The following members of the public spoke in support of the recommendation: Frank Schwengel, Steve Mount, Sean Butler, Allen Michel, Celeste Rodriguez, Jennifer Wolch, Karen Blooks, Maryanne LaGuardia, Harry Roussos, Jerry Rubin, and Tom Pontin. Members of the public George Kometoni, Bob Fitzpatrick, Linda Sullivan and Judi Barker expressed general support for the project and expressed concerns regarding potential parking problems. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to adopt Resolution No. 9900 (CCS) reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: Motion by Councilmember Katz.. S(~conded by Councilmember O'Connor, to adopt Resolution No. 9901 (CCS), reading by title and waiving further reading thereof. The motion was approved by the following vote: AYES Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSEN Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to approve the Design Plans for the: Airport Project. The motion was approved by the following vote: 9 October 14, 2003 PUBLIC BEARINGS: <\. YES: Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSEN' Motion by Mayor Bloom. seconded by Councilmember Genser, to direct staff to return with information regarding the possibility of using artificial turf on the soccer field at the Airport Park, in a fashion that allows for the application of any funding available. T-he motion was approved by the following vote: AYES Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Feinstein None NOES: ABSEN' Councilmember Feinstein advised he voted in opposition of the motion not because he does not support an increase in field capability, but because he believes that having artificial turf is against the sustainability approach for the planet. Motion by Councilmember Genser. seconded by Councilmember Katz, to direct staff to return with information on incorporating the Arts Component and on the most appropriate ground materials for the dog parks. The motion was unanimously approved by voice vote, with all members present. 9-A: Public Bearing to confirm assessment costs for the installation of streetlights on Dewey, Robson and Marine Streets - recommendation to hold a public hearing, receive public comment, and adopt Resolution No. 9902 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT COSTS FOR STREETLIGHTING ON VARIOUS STREETS IN THE CITY," was presented. Member of the public John Reynolds spoke in support of the project, but asked for relief of the cost imposed as he will be moving from the property in a short period oftime. Member of the public Stephen Naftali questioned the outcome ofthe residents' vote for the assessment and expressed concerns regarding the burdensomeness of the cost of the project. 10 October 14. 2003 WRITTEN COMMUNICA TIONf;. COUNCIL ITEMS: : SENIOR COMMUNIty COMMISSION PERSONNEL BOARD Motion by Councilmember Genser. seconded by Councilmember Katz, to accept public comment, and adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom None None NOES: ABSENT: 12-A: Request from Don Maste:rson to address Council regarding matters dealing with the Police nepartment. Mr. Masterson not being present, and on order of the Mayor, the information was received and filed. 13-A: Annual and special vacancy appointments to the following boards and commissions: Commission for the Senior Community: On order of the Mayor, the floor was opened for nominations. Mayor Bloom nominated Victor Ludwig for a term ending June 30, 2007. There being no other nominations, Mr. Ludwig was appointed by acclamation, with all members present. Mayor Bloom nominated Morton Gantman for a term ending June 30, 2007. There being no other nominations, Mr. Gantman was appointed by acclamation, with all members present. On order of the Mayor, the special vacancy with a term ending June 30, 2006, was continued to October 28,2003. Mayor Bloom nominated Rosemary Regalbuto for a third term as an Emeritus member. Ms. Regalbuto was appointed by acclamation for a term ending June 30,2005, with all members present. On order ofthe Mayor, appointments to the Personnel Board were continued to October 28,2003. 1 October 14, 2003 ARB LANDMARKS COMMISSION RECREATION AND PARKS PLANNING COMMISSION HIRING LOCAL WORKERSIYOUTH 13-B: Appointment to one annual vacaD(~y on the Architectural Review Board for a term ending June 30, 2007. On order of the Mayor, this matter was continued to October 28,2003 13-C: Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2006. On order of the Mayor, the floor was opened for nominations Councilmember Feinstein nominated Deborah Levin. There being no other nominations, Ms. Levin was appointed by acclamation, with all members present. 13-D: Appointment to one special vacancy on the Recreation & Parks Commission for a term ending Jrune 30, 2004, On order ofthe Mayor, the floor was opened for nominations. Councilmember Katz nominated Phil Brock. There being no other nominations, Mr. Brock was appointed by acclamation, with all members present. 13-E: Appointment to one special vacancy on the Planning Commission for a term ending June 30, 2004, On order ofthe Mayor, this matter was continued to November 25,2003 13-F: Request of Mayor Pro Tern McKeown to direct staff to investigate ways to encourage hiring of local workers, particularly local youth, under contracts for construction of City projects; to explore local youth job and job training programs with the college, the school district, unions and private sector employers; and to return with recommendations, was presented. Members of the public Maria Loya, Oscar DeLa Torre, and Ana Maria Jara spoke in support of the request. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz, to approve request in context of the overall budget review, amended to include direction that staff investigate ways to deal with youth violence. The motion was approved by voice vote, with Councilmember O'Connor voting in opposition, and with all members present. 12 October 14, 2003 ELECTORAL REFORM Councilmember Katz was excused at 11:40 p.m. PUBLIC INPUT: ADJOURNMENT: 13-G: Request of Councilmember Feinstein to direct staff to research State Constitutional Amendment 14, an electoral reform bill co- sponsored by State Senator Sheila Kuehl, to analyze its potential effects for Santa Monica and to return with recommendations, was presented. Motion bv Councilmember Feinstein. seconded by Mayor Pro Tern McKeo~ to approve request, amended to delete the word "recommendations." The motion was unanimously approved by voice vote, with Councilmember Katz absent. Members of the public Pro Se and Art Casillas expressed various opinions and concerns. On order ofthe Mayor, the City Council meeting was adjourned at 11 :50 p.m., in memory of William (Zak) Mark Forrest. ~T: ~Q':t.- ~.~ Maria M. Stewart City Clerk APPROVED: () C).. J^-.J ;J..---~- Richard Bloom Mayor 13 October 14, 2003