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M-1/13/2004 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 13, 2004 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, January 13,2004, 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 7:10 p.m.) Councilmember Herb Katz Councilmember Pam O'Connor (arrived at 6:10 p.m.) Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers Holbrook and O'Connor absent. City Manager Susan McCarthy 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. The Mayor advised that Item I-C will be considered at a later time, when Councilmember Holbrook arrives, at Councilmember Holbrook's request. Member of the public Joey Fullmer addressed various items on the Consent Calendar. Members of the public Paul Scott and Gordon McKee spoke in opposition to Item I-J. Member of the public Mark Olson spoke in support ofltem I-K. At the request of the Mayor, Item I-J was removed from the Consent Calendar. I January 13, 2004 MINUTES BEACH PEDESTRIAN ACCESS TRANSIT TRAINING CONSORTIUM SEWER JETTER 1311 CENTINELA 18TI1 ST. ARTS CENTER Motion by Michael Feinstein. seconded by Councilmember Katz, to approve all items on the Consent Calendar, except Items 1- C and I-J, as presented~ reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: AYES. Councilmembers Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers O'Connor, Holbrook NOES: ABSENT: I-A: The minutes of Special November 21 and regular November 25, 2003, City Council meetings, were approved. I-B: Beach Pedestrian Access Repair Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8308 (CCS), with PIMA Construction, in the amount of$414,650, for construction of the project, was approved. I-D: Membership agreement with the Southern California Regional Transit Training Consortium - recommendation to authorize the City Manager to negotiate and execute Membership agreement, Contract No. 8310 (CCS), with the Southern California Regional Transit Training Consortium for a membership fee amount not to exceed $6,000, was approved. l-E: Purchase of one sewer jetter for cleaning of sewers - recommendation to reject other bids and award Bid No. 2860 to Municipal Maintenance Equipment, in the amount of$176,019.1O, to furnish and deliver one sewer jetter, was approved. I-F: The Statement of Official Action for project located at 1311 Centinela Avenue, was approved. I-G: Funding contract with 18th Street Arts Center - recommendation to authorize the City Manager to negotiate and execute Contract No. 8311 (CCS) for funding with the 18th Street Arts Center for an expansion feasibility study, was approved. PossmLE ACQIDSmON I-H: Authorization to conduct discussions with owners of record of OF PROPERTY property located at 430 Colorado Blvd., 1636 5th Street, and 1640 5th Street, for possible acquisition of property by the City, was approved. 2 January 13,2004 UNDERGROUND STORAGE RESOURCE CENTER VEHICLE DEMONSTRATION PROJECT Council member 0 'Connor arrived at 6: 10 p.m. RECESS Counci/member Holbrook arrived at 7: 1 0 p.m. I-I: Airport Underground Storage Tank/Big Blue Bus Yard/City Corporation Yard - recommendation to authorize the City Manager to negotiate and execute an amendment with ICF Consulting to Contract No. 115 (CD), in the amount of$18,916,for modification to fueling system at the Airport; and an amendment to Contract No. 127 (CD), in the amount of $341,370, for additional environmental assessment and remediation activities at the Big Blue Bus Yard and at the City Corporate Yard, was approved. l-K: Green Building Resource Center - recommendation to authorize the City Manager to negotiate and execute Contract No. 8312 (CCS), with Global Green USA, in the amount of$53,534, with an option to extend, to establish a Resource Center for the purpose of developing, educating, and supporting a vibrant green building community, was approved. I-J: Hydrogen-Powered Fuel Cell Vehicle Demonstration Project- recommendation to authorize the City Manager to negotiate and execute a contract with Southern California Air Quality Management District (AQMD) and Toyota Motor Sales, USA for a hydrogen-powered fuel cell vehicle demonstration project, was presented. The Mayor advised he had removed this item from the Consent Calendar to ask staff to respond to the issues raised during public comment. Staff presented detailed information and answered questions of Councilmembers regarding cost, efficiency, and hydrogen-related pollution. Motion bv Councilmember Katz. seconded by , to refer to the Environmental Task Force to address the concerns voiced by the public and to conduct any other research necessary. The motion was approved by the following vote: AYES Councilmembers Katz, Genser, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Feinstein Councilmember Holbrook NOES: ABSENT: Councilmember Feinstein stated, for the record, that he voted in opposition because the project is ready to go now and would have voted in favor if the votes had been there. On order of the Mayor, the City Council recessed to hear closed sessions at 6:40 p.m., and reconvened at 7:45 p.m., with all members present to continue with Item l-C. 3 January 13, 2004 FLUORIDATION l-C: Fluoridation and Riviera Reservoir Booster Pump Station Projects and Supplemental Report - recommendation to authorize the City Manager to negotiate and execute Contract No. 8309 (CCS), with Kennedy/Jenks Consultants in the amount of $300,000, for design of the projects, was presented. The following members of the public spoke in opposition to the project: Dr. Susan Mearns (representing the Environmental Task Force), Gene Burke, Jerry Rubin, Will Morris, Glenn Williams, John Levine, Freida Dubin, Joyce Martino, and Reina Alvarez. Members of the public Marsha Epstein, Tim Collins, Maritza Cabezas, and Steve Tarzjinski spoke in support of the project. Motion by Councilmember Katz. seconded by Councilmember O'Connor, to approve staff recommendation. The motion was approved by the followin~ vote: AYES: NOES: Councilmembers O'Connor, Holbrook, Katz, Mayor Bloom Councilmembers Genser, Feinstein, Mayor Pro Tern McKeown None ABSENT: Mayor Pro Tern McKeown stated, for the record, that he voted in opposition because of the construction of the facility, cost overruns in difficult fiscal times, concerns regarding water purity, and the safety in dosage issues. Councilmember Feinstein stated, for the record, that he voted in opposition because he believes the design does not guarantee that the City can provide healthy water to the Community and he is not confident in his role that the Council can fulfill the responsibility. Motion by Councilmember Genser. seconded by Mayor Pro Tern McKeown, to direct staff to look at the technical adjusting of the optimal levels of fluoridation and consult with the Environmental Task Force with its research, and return to Council before budget approval, if possible. The motion failed by the following vote: AYES: Councilmembers Genser, Feinstein, Mayor Pro Tern McKeown Councilmember O'Connor, Holbrook, Katz, Mayor Bloom None NOES: ABSENT: 4 January 13, 2004 CLOSED SESSIONS ORDINANCES: MODIFICATIONS TO DEVELOPMENT STANDARDS On order of the Mayor, the City Attorney reported the following action taken on closed sessions: Conference with Real Estate Negotiator. Property: 430 Colorado Blvd. City Negotiator: Jeff Mathieu Owners of Record: Associate International Under negotiation: Possible acquisition of real estate property. ACTION: No reportable action taken. Conference with Real Estate Negotiator. Property: 1636 5th Street City Negotiator: Jeff Mathieu Owners of Record: Jandy LLC Under negotiation: Possible acquisition of real estate property. ACTION: No reportable action taken. Conference with Real Estate Negotiator. Property: 1640 5th Street City Negotiator: Jeff Mathieu Owners of Record: Martin H. Waldman, Trustee of the Waldman Family Trust, et al. Under negotiation: Possible acquisition of real estate property. ACTION: No reportable action taken. 2-D: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 0ICC4311. ACTION: No reportable action taken. i' 7-A: Second reading and adoption of Interim Ordinance No. 2106 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS, USES SUBJECT TO A PERFORMANCE STANDARDS PERMIT, USES SUBJECT TO A USE PERMIT, PROHIBITED USES lAND THE DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2 ~IGHBORHOOD COMMERCIAL DISTRICT ALONG MONT ANA !A VENUE", was presented. 5 January 13, 2004 ELIMINATING TIME LIMIT OF LOANS REDEVELOPMENT PLAN PROJECTS 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 O'Connor, Holbrook, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Genser None NOES: ABSENT: 7-B: Second reading and adoption of Ordinance No. 2107 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ELIMINATING THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS FOR THE DOWNTOWN REDEVELOPMENT PROJECT," was presented. 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 O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 7-C: Second reading and adoption Ordinance No. 2108 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE REDEVELOPMENT PLAN FOR THE EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT TO EXTEND CERTAIN TIME LIMITS," Ordinance No. 2109 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT TO EXTEND CERTAIN TIME LIMITS," Ordinance No. 2110 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE REDEVELOPMENT PLAN FOR THE OCEAN PARK IA REDEVELOPMENT PROJECT TO EXTEND CERTAIN TIME LIMITS," and Ordinance No. 2111 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE REDEVELOPMENT PLAN FOR THE OCEAN PARK IB REDEVELOPMENT PROJECT TO EXTEND CERTAIN TIME LIMITS," was presented. 6 January 13, 2004 Motion by Councilmember Katz. seconded by Councilmember O'Connor, to adopt the four ordinances, 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: PUBLIC RIGHT-OF-WAY 7-D: Introduction and first reading of interim ordinance extending the initial interim ordinance authorizing businesses to place furniture, portable landscaping, and cigarette disposal receptacles within the public right-of-way, and the display of merchandise in private vestibules, was presented. STAFF ITEMS: WATER EFFICIENCY LOAN FUND Members of the public Gary Gordon and Joe Pipersky spoke generally in favor of the ordinance, but expressed concerns with parts of the proposal and made suggestions for changes. Member of the public Jerry Rubin spoke in favor of the ordinance. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to introduce ordinance, reading by title only and waiving further reading thereof, amended on page 5, subsection (d)(l), to read "A single outdoor display of merchandise entirely within the covered vestibule area, arcade, or colonnade of a retail establishment provided that the display does not exceed 60 inches in height, 36 inches in width and 36 inches in depth or 42 inches in height by 48 inches wide by 36 inches in depth and is removed from the vestibule area, arcade, or colonnade when the business is closed. " Motion to amend by Councilmember Genser, to prohibit garment racks. The motion was accepted as friendly by the maker and seconder. The motion, as amended, was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: MSENT: 8-A: Water Efficiency Revolving Loan Fund ~ recommendation to approve modification of the Water Efficiency Revolving Loan Fund to the 7 January 13, 2004 GREEN BUILDING GRANT PROGRAM WRITTEN COMMUNICATIONS: Water Efficiency Competitive Grant Program to fund exterior Water efficiency projects on private and public properties, was presented. There was no one present for public comment. Motion by Councilmember Feinstein. seconded by Mayor Pro Tern McKeown, to approve staff recommendation, with the understanding that the criteria to quality for the grant program will return to Council for 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: ABSENT: 8-B: Santa Monica Green Building Grant Program - recommendation to approve the establishment of a Green Building Grant Program designed to promote construction of Leadership in Energy and Environmental Design (LEED) rated commercial, multi-family, and mixed use buildings in Santa Monica; and establishment of an Innovative Technology Grant Program to promote the use of innovative energy efficiency, distributed generation, and stormwater technologies in new and existing buildings, was presented. There was no one present for public comment. Motion by Mayor Bloom. seconded by Councilmember Katz, to approve staff recommendation, and directing staff to return with an amendment to the program to include single family residences as soon as the LEED program allows it, and with criteria for approval for the Innovative Technology Grant Program. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook None NOES: ABSENT: 12-A: Request of Stephen Meadows to address City Council requesting relocation of certain Sorrento Beach volleyball nets because they are too close to the residents of Palisades Beach Road, was presented. 8 January 13, 2004 COUNCIL ITEMS: PLANNING COMMISSION PERSONNEL BOARD GLOBAL OLIVE WREATH PROGRAM There was no one present for public comment. Motion by Councilmember Genser. seconded by Councilmember Katz, to direct staff to pursue relocation of the courts. Discussion ensued about the practicality of other locations given the pattern of the wind and sheltering of the area. Councilmember Katz subsequently' withdrew his second from the motion. Motion by Councilmember Genser. seconded by Councilmember Katz, to direct staff to look at the technical, physical, operational, and quantitative issues in relocating the courts southward in front of the parking lot. The motion was approved by voice vote with Councilmember O'Connor voting in opposition, and with all members present. I3-A: Appointment to one special vacancy on the Planning Commission for a term ending June 30, 2004. On order of the Mayor, the floor was opened for nominations. Councilmember O'Connor nominated Gwynne Pugh. Councilmember Genser nominated Bob Seldon. Mr. Pugh was appointed by the following vote: Gwynne Pugh: Councilmembers Feinstein, Katz, Holbrook O'Connor Councilmember Genser, Mayor Pro Tern McKeown, Mayor Bloom Bob Seldon: Councilmember Genser, Mayor Pro Tern McKeown, and Mayor Bloom requested to change their votes for Mr. Pugh, thereby appointing him by acclamation with all members present. 13-B: Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one special vacancy for a term ending June 30,2006. On order of the Mayor, this matter was continued to January 27,2004. 13-C: Request of Council member Feinstein for Santa Monica to participate in the Global Olive Wreath program in preparation for the Athens 2004 Olympics, was presented. 9 January 13, 2004 LANDMARKS COMMISSION RESIGNATION CLARIFY POLICY DONATION TO SANTA MONICA IDGH Mayor Pro Tem McKeown was excused at 11:07 p.m. Motion by Councilmember Feinstein. seconded by Councilmember Genser, to direct staff to analyze the issues involved, and if it is doable, to proceed with the direction. The motion was unanimously approved by voice vote, with all members present. 13-D: Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2004. On order of the Mayor, this matter was continued to January 27,2004 13-E: Acceptance of Anthony Pullara's letter of resignation from the Social Services Commission, and authorization for City Clerk to publish vacancy, was presented. Motion by Mayor Bloom. seconded by Councilmember Genser, to accept letter with regrets, and authorizing the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with all members present. 13-F: Request of Council member Genser that the Council discuss and clarify its policy regarding the placement of Councilmember items (" 13- items") on its meeting agendas, was presented. Motion by Councilmember O'Connor. seconded by Councilmember Genser, to clarifY Council rules so that 13- items placed on the agenda by Councilmember may not be automatically combined with other items on the agenda; however, the requesting Councilmember, may request that the phrase "may be considered with Item -.-:' be included with his/her item on the agenda and the matter will be subject to a vote of the Council during the Council meeting, and that staff have the authority to combine staff items as deemed necessary. The motion was approved by voice vote with Councilmember Feinstein and Mayor Bloom voting in opposition, and with all members present. 13-G: Request of Councilmember Genser that the Council make a donation on behalf of the City to Santa Monica High School to support the Symphony Orchestra's performances in Vienna, Prague and Brno in April, 2004, was presented. Mayor Pro Tern McKeown recused himself from this matter because of a conflict of interest due to his employment relationship with the School District. 10 January 13, 2004 RESIGNATION Members of the public Alexandria Taylor and Erin Rowan spoke in support of the request. Motion by Councilmember Genser. seconded by Councilmember Katz, to approve $25,000 in contingency funds if available, and supplementing the amount from the Council's Travel Budget if needed. The motion was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor Bloom None CounciImember Holbrook Mayor Pro Tern McKeown NOES: ABSTAIN: ABSENT: 13-H: Acceptance of Joe Weichman's letter of resignation from the Recreation and Parks Commission, and authorization for City Clerk to publish vacancy, was presented. Motion by Councilmember Feinstein. seconded by Councilmember 0' Connor, to accept letter and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Mayor Pro Tern McKeown absent. HOUSING TAX CREDITS 13-1: Request of Mayor Pro Tern McKeown that the Council authorize communication to the State of California Tax Credit Mayor Pro Tem McKeown Allocation Committee suggesting regulatory amendments to assure that returned at 11:15 p.m. the City of Santa Monica gets its fair share of affordable housing tax credits, was presented. RESIGNATION Council member Feinstein was excused at 11:20 p.m. Councilmember Feinstein returned at 11:25 p.m. Mayor Pro Tern McKeown. seconded by Councilmember Genser, to approve the request. The motion was unanimously approved by voice vote, with ail members present. 13-J: Acceptance of Victor Ludwig's letter of resignation from the Commission for the Senior Community, and authorization for City Clerk to publish vacancy, was presented. Motion By Mayor Bloom. seconded by Councilmember O'Connor, to accept the letter and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmember Feinstein absent. 11 January 13, 2004 CONTINUED CLOSED SESSIONS On order of the Mayor, the City Council recessed at 11 :29 p.m., to consider closed sessions and reconvened at 12: 10 a.m., with Councilmember Feinstein absent, to report the following: 2-E: Conference with Legal Counsel ~ Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281 367. ACTION: No reportable action taken. 2-F: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. David Levy, Case No. 2nd Civ. B157587. ACTION: Not heard. 2-G: Conference with Legal Counsel - Existing Litigation: AD Cellular LA. LLC v. City of Santa Monica, Case No. USDC 03-9129 DSF (MANx). ACTION: No reportable action taken. 2-H: Conference with Legal Counsel- Existing Litigation: Pendragon North American Automotive. Inc. v. City of Santa Monica, Case No. SS 012 287. ACTIO~: Not heard. 2-1: Conference with Legal Counsel- Existing Litigation: Helen Butler v. City of Santa Monica, Case No. SC 070 958. Motion by Councilmember Holbrook. seconded by CounciImember Katz, to approve settlement of $20,000. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None . Councilmember Feinstein NOES: ABSENT: 2-J: Conference with Legal Counsel- Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683. ACTION: Not heard. 12 January 13, 2004 PUBLIC INPUT: ADJOURNMENT: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Six. ACTION Not heard. Public Employee Evaluations. Title of Employees: City Attorney Director of Records & Election Services ACTION Not heard. 2-M: Conference with Legal Counsel ~ Existing Litigation: Los Aneeles SMSA. a limited partnership. dba Verizon Wireless v. City of Santa Monica, Case No. SC 079 139. ACTION No reportable action taken. There was no one present for public input On order of the Mayor, the City Council meeting was adjourned at 12: 15 a.m., to January 20,2004, in memory of Phil Kaufinan, Joan Lundstein, and Jose Nieto. ATTEST: ~\. ---... ">>,...,...." ~ w-~~ APPROVED: t~ Mayor Maria M. Stewart City Clerk 13 January 13, 2004