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M-2/22/2000 (2) I I I 1157 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 22, 2000 A regular meetmg of the Santa Monica CIty CouncIl was called to order by Mayor Pro Tern O'Connor at 6:20 p.m. on Tuesday, February 22.2000, at City Counc1l Chambers, 1685 Mam Street Roll Call: Present Absent Mayor Pro Tern Pam O'Connor Councllmember Richard Bloom Counc1lmernber MIchael Fernstem Counc1lmember Robert T Holbrook Councllmember KeVlIl McKeo"'TI Councihnember Paul Rosenstem Mayor Ken Genser Also Present City Manager Susan McCarthy CIty Attorney Marsha Jones Moutne CIty Clerk Maria M Stewart CLOSED SESSIONS RECONVENEIPLEDGE REDEVELOPMENT AGENCY MEETING MID-YEAR REVIEW CLOSED SESSIONS. On order ofthe Mayor Pro T em. the City Council convened at 6:20 p.m.. ",ith Mayor Genser absent, and then adjourned to consIder closed seSSIons. Action taken on closed seSSIons was reported at the end of the meetmg On order ofthe Mayor Pro Tern. the CIty Councll reconvened at 7 22 p.m. WIth Mayor Genser absent The chIldren III the audIence led the assemblage in the Pledge of AlleglaIlce At 7 32 p m _ a specIal meetmg of the City CouncIl and the Redevelopment Agency was convened. ",ith Mayor Genser absent. 4-B CCIRA-2 - Fiscal year 1999-2000 Mid-Year Budget review and adoption of associated budget changes, including provision of financial assistance to the Board of Education - adoption of City Council resolutIon estabhshmg new classificatIons and salary rates for various positions, and that the CIty Council and the Redevelopment Agency adopt resolutIons approvlllg revenue and expendIture budget changes. February 22, 2000 1158 RECESS Councllmember AfcKeo-wTI excused at 9 32 pm On order of the Mayor Pro Tern, the public hearing was opened The I followmg members of the pubhc spoke m support of financial assistance to the school district Dave Tillipman, Neil Carrey, David Cole, Sheila Forsander, John Petz. Donna Block. Carolme Gray, Bill Lockton. Phil Brock, Abby Arnold, Marty Smith, Rick Gates. LISa Noonan, Larry Goetz, Dan Ehrler, Glona Curiel, Judy Abdo, LOUIse Jaffee. Craig Hamilton, Dorothy Chapman. Pablo SotoJ. Gene Gebman. Martha SotaJ. Denms lane, Mrs. Pacheco. Ehzabeth SotoJ. Chris Harding, Harry Keiley, Ralph Mechur, Linda Gaeta, Andrew Denyer, Marc Sanschagnn, and Frank Gruber The followmg members of the pubhc spoke m support of contmued funding for Manne Park Child Care and school fundmg: Desmond Buntmg. John Prindle, Bryan Gordon, Shen Olman, Blanca Malpartida, Ron Schlessmger, Lillie Schlessinger. and Anne Geffuer Ellen Brennan spoke in support offundmg for South Beach services. Joy Fullmer and Bnan Hutchings expressed varIOUS concerns On order ofthe Mayor Pro Tern, the City Council recessed at 9'12 pm., and reconvened, \vlth Mayor Genser absent. at 9'32 p.m. Councilmember McKeo~n recused hnnselffrom the discussion and deliberations for fundmg for the school dlStnct due to a conflict of mterest.1 Motion by Councllmember Holbrook. seconded bv Counclhnember Rosenstem.. to approve the $2 I funding recommendation, to dIrect staff to IdentIfy additional sources for gap funding to avert need for distnct budget cuts in fiscal year 2000-2001, to asSISt the dlstnct to ensure there IS the independent finanCIal accounting necessary. and. to continue to work With the DIstrict to IdentIfy State and Federal sources offindlIlg m the commumty-at -large MotIon to amend by CouncIlrnember Rosenstein. seconded by CouncIlrnember Holbrook. to approve disbursement of the funds once the School Distnct sets up ItS independent finanCIal overSIght committee and returns to Council ~lth a report The motion to amend failed by the following vote: AYES: NOES: Councilmembers Holbrook. RosenstelIl CouncIlrnembers Feinstem, Bloom. Mayor Pro Tern O'Connor CouncIlrnember McKeo\\n, Mayor Genser ABSENT 2 February 22,2000 I 1159 I ~fotion to amend by CouncIlmember Holbrook, to include m the motion that approval IS made v,1th the understanding that the School District will pro\<ide an update on the mdependent finanCIal oversight committee to the CIty CouncIl V,1thm three months. MotIon accepted as friendly by the maker and seconder of the main motIon. MotIon bv CouncIlmember Femstein seconded bv CouncIlmember Bloom. that the motion be voted upon m two parts. The first part bemg the appropnatlon of the $2.1 millIon dollars, and the second part being the remainder ofthe moHon. The motIon to approve appropnation of funding fiuled by the following vote: AYES NOES ABSENT Councilmembers Bloom, Femstein, Holbrook CouncIlmembers Rosenstein, Mayor Pro Tern O'Connor Councllmember McKeown, Mayor Genser Councilmember Holbrook requested hIs vote be changed to "no" for a final follov,mg vote AYES NOES I ABSENT: Councllmembers Bloom. Feinstem CouncIlmembers RosensteIn. Mayor Pro Tern O'Connor. Holbrook Councilmember McKeown, Mayor Genser MotIon bv CouncIlmember Holbrook, seconded by Mayor Pro Tern O'Connor, to reconsider thIs matter at the next meetmg on February 29, 2000. The motion was approved by the follov.mg vote: AYES NOES: ABSENT Councllmembers Holbrook. RosensteIn. Femstelll, Bloom. Mayor Pro Tern O'Connor, None Councilmernber McKeown, Mayor Genser Motion by CouncIlmember Feinstelll, seconded by CouncIlrnernber Bloom. to continue the meeting past 11 :00 p rn. The motIon was unaninlOusly approved by voice vote, Wlth Councilmernber McKeov,n and Mayor Genser absent Motion by CouncIlmember Feinstein, seconded by Councilmember Bloom. to direct staff to identtfY addItional sources for gap fundmg. Motion unanImously approved by voice vote, with Councilmember McKeown and Mayor Genser absent I 3 February 22, 2000 1160 MotIon bv Councilmember Feinstem, seconded by Councilmember Bloom. I to drrect staff to consult wIth the School Board and return v,1th appropriate recommendations to ensure there IS funding for the cost of the finanCIal accounting to be done by the school district. The motion was unarrimously approved by voice vote, with Councilmember McKeown and Mayor Genser absent On order of the Mayor. the pubhc hearing for this matter was closed. and deliberations continued on the remainder of the budget review. Councllmember AfcKeown returned at 11 05 P m Motion by CouncIlmember McKeov,TI, seconded by CouncIlmember Rosenstem, that CIty COunCll adopt Resolution No. 9481 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING l'i'"EW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR VARIOUS POSITIONS:' reading by tItle only and waivmg further readmg thereof The motIon was approved by the follov.ing vote: AYES Councilmembers Holbrook, RosensteIn. McKeown. Femstem, Bloom. Mayor Pro Tern O'Connor None Mayor Genser NOES' ABSENT MotIon by CouncIlmember McKeov,l1. seconded by Councllmember J Holbrook, to adopt Resolution No. 9482 (CCS) entitled "A RESOLUTIO OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1999-2000.'" and approving revenue and expenditure budget changes, readmg by title only and waiving further reading thereof. The motIon was approved by the followmg vote: AYES' CouncIlmembers Bloom, Femstem, McKeown, Rosenstein, Holbrook, Mayor Pro Tern O'Connor None Mayor Genser NOES ABSENT ADJOURNMENT On order of the Mayor, IDe specialjomt meetmg was adjourned at 11 15 p.m., and the CIty Council reconvened to its regular meetmg with Mayor Genser absent CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are consIdered and approved ill one motIon unless removed from the calendar for discussion. 4 February 22, 2000 I I I I MINUTES EARTHQUAKE RECOVERY TEEN SAFETY PROGRAM 1161 Members ofthe publIc Megan McCarver. Kristi Foster. and Joe Natoli spoke m favor ofItem 6-I Member of the publIc Jlill Stebinger spoke in favor ofItem 6-K. Member of the public Jerry Rubm spoke in support of Item 6-E Member of the public Chuck AIIord expressed concerns regarding Item 6-H Members ofthe publIc Marc Appleton and Shlomo Menkes spoke m opposition to Item 6-I At the request of Councilmember McKeo\\l1. Item 6-H was removed from the Consent Calendar At the request of Mayor Pro Tern O'Connor, Item 6-D was removed from the Consent Calendar At the request of CouncIlmember Rosenstem. Item 6-E was removed from the Consent Calendar MotIon by Councllmember Rosenstem. seconded by CouncIlmember McKeo""l1, to approve all items on the Consent Calendar except 6-D, 6-E, and 6-H, as presented, readmg resolutIons and ordmances by title only and waJ\<1ng further reading thereof The motIon was approved by the following vote AYES: Councilmembers Holbrook, Rosenstelll, McKeo\\ll, Femstein, Bloom, Mayor Pro Tern O'Connor None Mayor Genser NOES: ABSENT: 6-A: The minutes of November 16. and November 23,1999. CouncIl meetmgs, were approved with the mmutes of November 23. as amended 6-B' Earthquake Recovery Resolution - Resolution No 9483 (CCS) entItled. "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 6-C Acceptance of grant funds and implementation of the teen traffic safety program entitled Every 15 Minutes - recommendatIOn to authorize the City Manager to negotiate and execute an agreement WIth the Cahfornia Department of Alcohohc Beverage Control to receive grant funds for the lillplementation of a teen-program to prevent alcohol or drug-related traffic collisions; and, approve proposed budget changes, was approved. 5 February 22,2000 1162 COMPUTER SYSTEMS SERVICES 415 PACIFIC COAST HIGHWAY - ROOF PREFERENTIAL PARKING ZONE ENVIRONMENTAL ANALYSIS PARKING BUSINESS IMPROVEMENT AREA PROPOSITION 14 6-F' Provision of technical services for enhancement and support of I City computer applications - recommendation to authorize the City Manager to negotiate and execute Contract No 7670 (CCS) \\1th Futllfe Technology Personnel, m the amount of $75,000. Contract No 7677 (CCS) Wlth Carrera Consultmg Group, ill the amount of$200,000, and. Contract No. 7678 (CCS) with LAN CommunicatIOns and Consulting, in the amount of$125,000. to proVide techmcal services for enhancement and support of CIty computer applicatIons, was approved 6-G' Contract for roof replacement of Main Locker Building at 415 Pacific Coast Highway - recommendation to authorIZe the City Manager to negotiate and execute Contract No. 7671 (CCS) with Coast Roofing Company, Inc., ill the amount of$39,003, for replacement of the Main Locker Buildmg roof, was approved 6-1 Resolution No. 9487 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA EXPANDING PREFERENTIAL PARKING ZONE KK TO INCLUDE 17TH STREET BETWEEN SANTA MONICA BOULEVARD AND COLORADO AVENUE AND AMENDING RESOLUTION NO. 9344(CCS)," was adopted. and recommendatIon to approve proposed budget adjustments, was approved. 6-J: Contract amendment for provision of additional environmental I analysis for development project at 1751 Appian Way - recommendatJo to authorize the City Manager to negotiate and execute an amendment to Contract No. 6997 (CCS) Vvith EIP Associates. in the amount of $32,69460, for additional analYSIS required to process the applicatIon for the project Project apphcant to reimburse cost to the City was approved. 6-K Resolution No. 9488 (CCS) entitled: "A RESOLUTION OF INTENTION OF THE CITY OF SANTA MONICA TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA IN THE PICO BOULEVARD AREA AND SETTING MARCH 28, 2000, FOR A PUBLIC HEARING ON THE PROJECT," was adopted 6-D: Resolution No. 9484 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF PROPOSITION 14- CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000, was adopted. 6 February 22. 2000 I I I I EARTH DAY 2000 GRANTS-PEDESTRIAN IMPROVEMENTS 1163 Mayor Pro Tern O'Connor ad\<1sed she had removed tills Item from the Consent Calendar to highlight ItS importance Motion by Mayor Pro Tern O'Connor, seconded by Counclhnember McKeown. to adopt the resolutIon, readmg by title only and waiving further reading thereof The motion was unanimously approved by voice vote. with Mayor Genser absent. 6-E Resolution No. 9485 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF EARTH DAY 2000 CLEAN ENERGY AGENDA AND APPROVAL OF SPONSORSHIP OF EVENTS," was adopted, and recommendation to approve co- sponsorshIp and financial support in the amount of S50.000 for planned public events. was approved. Councilmember Rosenstein advised he had removed this item from the Consent Calendar to express his support for the event and encouraged its taking place on the Santa Monica PIer Motion by CouncIlmember Rosenstein, seconded by Councllmember Feinstem. to adopt resolutIon. reading by tItle only and waiving further readmg thereof, and approve funding. The motIon was approyed by the following vote AYES: Councilmembers Bloom. Feinstein, McKeo\\l1. Rosenstem. Holbrook, Mayor Pro Tern O'Connor None Mayor Genser NOES: ABSENT' 6-H Resolution No. 9486 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING AGREEMENTS AND RECEIPT OF GRANT FUNDS FOR TRANSPORTATION AND PEDESTRIAN IMPROVEMENT PROJECTS" - recommendatIon to adopt a resolution authonzmg the CIty Manager to execute agreements Wlth the M T A to receIve grant fundmg for Big Blue Bus Bike Rack Program, Walkable Westslde Pedestrian Safety CampaIgn. PedestTJan ExtensIon to DO\\l1tOwn Transit Mall, Ocean Avenue Signal Synchronization, ExpOSItion Comdor Commuter BIke Path, and Santa Monica Transit Servmg Parking Facility, and approve the proposed budget changes, were presented Staff responded to various questions from CouncIlmember McKeown. 7 February 22. 2000 1164 ORDINA..~CES: REPORTS - BOARDS AND COMMISSIONS: UNIVERSAL ACCESSIBILITY Councllmember Rosenstem was excused at I1 53 pm MotIon by CouncIlmember McKeown, seconded by CouncIlmember I Femstein. to adopt the resolution reading by title only and WaIvmg further reading thereof. and approve staff recommendatIon The motion was approved by the followmg vote. AYES: Councilmembers Holbrook. Rosenstelll, McKeown, Femstein, Bloom, Mayor Pro Tern O'Connor None Mayor Genser NOES: ABSENT: END OF CONSENT CALENDAR 8-A: Introduction and first reading of an ordinance entitled: "AN ORDmANCE OF THE CITY OF SANTA MONICA AMENDING THE MUNICIPAL CODE TO ESTABLISH EVICTION PROTECTIONS FOR CIDLDREN OF DOMESTIC PARTNERS," was presented There was no one present for public comment. Motion by Councllmember McKeown, seconded bv Councilmember Bloom. to mtroduce and hold first reading of the ordmance, reading by tItle only an~ waiving further readmg thereof The motion was approved by the following vote AYES' Counc1lmembers Holbrook, RosensteIn. McKeown, Feinstem, Bloom, Mayor Pro Tern O'Connor None Mayor Genser NOES ABSENT: II-A: The request from Housing Commission and Rent Control Board that City Council consider adopting building regulations to provide universal accessibility to aU residential and commercial construction, was presented Members of the public Alan Toy and Chuck AlIord spoke m support of the request. MotIOn by Councilmember McKeown, seconded by Councilmember Femstem.. to investIgate appropriate definitions of visit ability, develop specific UnIversal accesslblhty guidelines for new construction. and return as soon as practicable with a suitable lillplementmg ordmance: further that staff also mvestIgate the practicahty of applymg these standards to substantIal 8 I February 22, 2000 I I I WRITTEN COMMUNICATIONS: PUBLIC NOTICING CouncIlmember Rosenstem returned at 1205 a m COUNCIL ITEMS: PIER RESTORATION CORPORA TIO!l\ COMMISSION ON OLDER AMERICANS 1165 rehabilitatIon of eXIsting reSIdential umts. w1th particular auention to potentIal impacts on the pronsion of affordable housing The motion was approved by the follm.vmg vote' AYES' Councilmembers Bloom. Femstein, McKeown. Mayor Pro Tern O'Connor None Councilmember Holbrook Councilmember Rosenstem, Mayor Genser NOES' ABSTAIN' ABSENT 13-A. The request of the Neighborhood Council to address Council regarding modifications to Municipal Code sections that relate to legal public notice of proposed projects and advance public notice on other matters ofinterest to neighborhood groups, was presented. Members ofthe publIc Ellen Brennan, Chuck Allord. Da\<1d Cole, Arthur Harris. Kathy Knight, Brian Hutchings. and Bob Loftus spoke m support of the request MotIon by Councilmember McKeown., seconded by Councilmember Femstein, to drrect staff to evaluate practIcal. procedural and legal implicatIOns of the proposal, meet With the NeIghborhood CouncIl thereafter. and return to Council with appropnate recommendatIons. The motion was unanm10usly approved by vOIce vote. \\1th Mayor Genser absent. 14-A Discussion on the size ofthe membership on the Pier Restoration Corporation; annual appointments to vacancies on the Pier Restoration Corporation: four terms ending November 14, 2001, and four terms ending November 13, 2002. On order of the Mayor, this matter was contmued to March 7. 2000 14-B Appointment to one unscheduled vacancy on tbe Commission on Older Americans for a term ending June 30, 2000. On order of the Mayor. this maUer was continued to March 7, 2000 9 February 22, 2000 1166 MILLION MOM MARCH 14-C' Request of Councilmember Bloom to adopt a resolution in I support of the "~illion Mom March Across America. to be held May 14, 2000, dedicated to the mission of providing education about the life- threatening danger of guns. On order of the Mayor. this matter was contmued to March 7, 2000 ROOFTOP GARDENING 14-D: Request from Councilmembers Feinstein, Rosenstein, and Mayor Pro Tem O'Connor to direct staff to explore ways of promoting rooftop gardening as part of the process to establish implementing ordinances for the City's Green Building guidelines. Councllmember Holbrook was excused at I2 35 a m Motion by Councilmember Rosenstein, seconded bv Mavor Pro Tern O'Connor, to approve the request. MotIon unanimously approved by vOIce vote. WIth CouncIlmembers Holbrook and Mayor Genser absent. SUSPENSION OF 14-E Request of Mayor Genser that Council direct staff to return with LOlTERY FOR an emergency ordinance to suspend the proposed lottery for downtown DOWNTOWN VENDORS vendors until the selection system can be modified. CLOSED SESSIONS: Motion by Mayor Pro Tern O'Connor. seconded bv CouncIlmember Feinstem, to approve request. Motion unanImously approved by voice vote'l with CouncIlmember Holbrook and Mayor Genser absent 16-A Conference with Legal Counsel- Existing Litigation: Kenneth Gardnerv. City of Santa Monica, Case No. SC 039 617. Motion by Councilmember Feinstelll, seconded by Councilmember McKeown, to approve settlement in the amount of$160,000, \\ith the City to pay $90,745.83 and the balance to be paId by msurer. The motIon was approved by the follo\\mg vote: AYES Councilmembers Bloom, Femstem. McKeown, Rosenstein. Mayor Pro Tern O'Connor None Councilmember Holbrook, Mayor Genser NOES: ABSENT 16-B: Conference with Legal Counsel- Existing Litigation: Rita Mandel v. City of Santa Monica, Case No. SC 052 491. 10 February 22. 2000 I 1167 I Motion by CouncIlmember Feinstem, seconded by Councilmember Bloom, to approve settlement m the amount of$62.500. The motIOn was approved by the followmg vote: AYES Counc1lmembers Rosenstein. McKeown, Femstein. Bloom. Mayor Pro Tern O'Connor None Councilmember Holbrook, Mayor Genser NOES ABSENT 16-C Conference with Legal Counsel- Existing Litigation: Shober v. Citv of Santa Monica, Case No. SS 005 515. ACTION Case not heard 16-D Conference with Legal Counsel- Existing Litigation: Venegas v. Citv of Santa Monica, Case No. CV 99-02217 NM (Cwx) ACTION Case heard, no reportable action taken. 16-E' Conference with Legal Counsel- Existing Litigation: Foodmaker, Inc., v City of Santa Monica, Case No. S8 007 078. I ACTION Case heard, no reportable action taken. 16-F Conference with Legal Counsel- Pending Litigation. Number of cases: Three. ACTION CounCIl heard three cases and took actIOn on the followmg matter Motion by Councilmember McKeown, seconded by Councilmember Bloom. to approve a settlement relative to Tom Francis' (dba Tom FranCIS Imports) claim in the amount of$22.480 in relocation benefits Settlement includes Mr. Francis' release of clann against the City and assIgn hIs pendmg claims against the developer to the City, and the CIty to indemmfy and defend Mr Francis in the event of a laWSUIt by the developer or a tlnrd party m connectIon WIth the released claim The motion was approved by the following vote AYES Counc1lmembers Rosenstem, McKeown. Femstein, Bloom. Mayor Pro Tern O'Connor None Counc1lmember Holbrook, Mayor Genser I NOES ABSENT: 11 February 22, 2000 1168 PUBLIC INPUT ADJOURNMENT PUBLIC INPUT Members of the pubhc Bnan HutchIngs and Art casillal expressed varIous concerns On order of the Mayor, the City Council meetmg was adjourned at 12:50 a.m to February 29,2000. ATTEST~ APPROVED: ~111if-h Pam O'Connor Mayor Pro Tern , }",,- C'-"-o- \~(:, Marta M. Stewart City Clerk "\,-- _\ "- ~ -) ~.''(-- ~_"'-~...L..----- \J 12 February 22. 2000 I I