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M-11/9/1999 (2) I I I 1069 CITY OF SA NT A MONICA CITY COUNCIL MINUTES November 9,1999 A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at 6:20 pm. on Tuesday, November 9, 1999, at City Council Chambers, 1685 Main Street. Roll Call Present: Mayor Pam O'Connor Mayor Pro Tern Ken Genser (arrIved at 8:19 p m) Councilmember Richard Bloom Councllmember Michael Feinstem Counctlmember Robert T. Holbrook Counctlmember Kevin McKeo\VTI Counctlmember Paul Rosenstein Also Present CIty Manager John Jahh CIty Attorney Marsha Jones Moutne City Clerk Maria M Stewart CLOSED SESSIONS CLOSED SESSIONS On order of the Mayor. the CIly CouncIl convened at 6:20 p.m., wIth Mayor Pro Tern Genser absent, and then adjourned to consIder closed sessions Action taken on closed session was reported at the end of the meetmg RECONVENEIPLEDGE On order of the Mayor the City CouncIl reconvened at 7 15 pm.. w'lth Mayor Pro Tern Genser absent In honor of the upcommg Veterans Day, the Military Order of the Purple Heart Orgamzatlon led the assemblage in the Pledge of Allegiance The Mayor announced that a scheduled meeting ofthe Redevelopment Agency was bemg contmued to November 16, 1999 On order of the Mayor and due to a medical excuse, member of the public Pro Se addressed concerns relative to item 9-A, out of order of the agenda, and in support of the pubhc' s nght to speak on matters on the agenda and ADA compltance On order ofthe Mayor, the meetmg contmued WIth the regular agenda order November 9, 1999 1070 CONTINUED ITEMS' 5-A: Appointments to two (Section 8) annual vacancies on the Housing I HOUSING COMMISSION Commission for two terms ending June 30, 2001. (Continued from October 5, 1999) On order of the Mayor, the public heanng was opened Member ofthe pubhc David Busch spoke regardillg homeless people ill Santa Monica and requested that the subject be taken up by the current Housing ComnnssIon On order of the Mayor, the floor was opened for nommations. CouncIlmember McKeown nonunated Dr. Hadiya Barnes, PhD. There bemg no other nommatIons, Dr Barnes was appointed by acclamatIOn to one vacancy Councilmember McKeown nommated Lovoma M. Cross. There being no other nommatIons, Lovonia Cross was appointed by acclamation to the second vacancy. CONSENT CALE~DAR: The Consent Calendar was presented. whereby all Items are considered and approved ill one motIon unless removed from the calendar for discussion. On order of the Mayor, the public hearing was opened. Member of the public Joy Fullmer expressed various concerns Members of the public I Todd Campbell and Jerry Rubin spoke ill favor ohtem 6-H. Members of the public Janet Krelle, Peter TIgler, NIcole Von ReISen and Jerry Rubill spoke ill favor of item 6-G Members of the public Mmdi Levins Pfeifer, Sandy Mermelstem, and Steven Knight spoke in favor of using the property on item 6-G to house homeless teenagers At the request of CouncIlmember Rosenstein, Items 6-G and 6-H were removed from the Consent Calendar In addItion, the City Clerk noted a mmor correctIon to the August 17 mmutes. Motion by Councilmember Femstem, seconded by Councilmember McKeown, to approve the minutes as amended and all other items on the Consent Calendar as presented, with the exception of 6-G and 6-H, readIng resolutIOns and ordmances by tItle only and waivmg further readIng thereof The motion was approved by the following vote: Ayes Councilmembers Bloom, Feinstem, McKeown, Rosenstem, Holbrook, Mayor O'Connor None Mayor Pro Tern Genser I Noes Absent. 2 November 9,1999 I I I MINUTES EARTHQUAKE RECOVERY LEASE FOR OFFICE SPACE 1717 4TH STREET STANDARDIZED EMERGENCY MANAGEMENT PLAN MUNICIPAL POOL REPLACEMENT COMPUTER MAINTENANCE SERVICE PARA TRANSIT SERVICES 1071 6-A: The minutes of August 17 (as amended), August 19. and September 7. 1999, CIty CouncIl meetmgs were approved. 6-B. Earthquake Recovery Resolution - ResolutIon No.9454 (CCS) entItled "A RESOLUTION OF THE CITY OF SA.cl\JT A MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY." was adopted. 6-C: Lease of office space at 1717 4th Street for the Finance Department and Risk Management Division - recommendatIon to authorize the City Manager to negotIate and execute five-year office space Lease Extension No 5473 (CCS) with HSR Linnted Partnership. for $2 48 per square foot per month, for the Fmance Department and the Risk Management DIVISIOn. was approved 6-D: Adoption ofthe Standardized Emergency Management Systems Multi-Hazard Functional Plan by the City of Santa Monica, was approved. 6-E' Provision of inspection services for Municipal Pool Replacement Project - recommendatIOn to authorIZe the City Manager to negotiate and execute profeSSIOnal servIces Contract No. 7633 (CCS) With Max Tehrani, in the amount of$94.000. to provide Inspector of Record servIces dunng construction of the Mwucipal Pool Replacement Project, was approved 6-F' Purchase Order for computer maintenance services for the City's Library Automation System - recommendation to award a sole source purchase order to SIRSI CorporatIon, m the amount of$30.701 87. for annual computer maintenance servIces for the Administration and FacIlities DIVIsion of the Library, was approved. 6-1. Contract extension for provision of Tide Shuttle and WISE Para transit services - recommendatIon to authonze the CIty Manager to negotiate and execute a sIX-month extension to Contract No. 7635 (CCS) with LaIdlaw Transit Services, Inc., to contmue to prOVIde TIde and Wise Paratransit servIces for the City. and recommendation to appropriate funds as outhned m the staff report. was approved 3 November 9. 1999 1072 COMPUTERIZED 6-J: Purchase of computerized management system for water, WATER MANAG EMENT wastewater and storm water - recommendation to authonze the City I SYSTEM Manager to negotiate and execute Contract No. 7636 (CCS) with Hansen Information Technologies, Inc.. m the amount of $104.720. to furnish and install a computerized maintenance management system for water, wastewater and storm water, was approved OUTDOOR ANTIQUE MARKETS ORDINANCE SALE OF PROPERTY - 1833 18th STREET NATURAL GAS POWERED BUSES 6-K: Ordinance No. I96I(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 TO ALLOW OUTDOOR ANTIQUE MARKETS IN THE PUBLIC LANDS (PL) OVERLAY DISTRICT SUBJECT TO A PERFORMANCE STANDARD PERMIT," was adopted 6-G: Bid award to sell property located at 1833 ISIII Street - recommendation to award Bid No. 2772 to Janet Krelle, in the amount of $376.08399, to purchase City~owned property located at 1833 18th Street, and authorization to the City 1v1anager to negotIate and execute Contract No. 7649 (CCS), and all necessary documents to complete the sale, was presented. Staff answered questIons of Councdmember Rosenstein regarding legal and practical ISsues and optlOI15 for selectmg the second lughest bidder for the I sale of the property. Motion by Councilmember Rosenstem, that the City reject all the bids received for the property and ask staff to look at how the facility can be used in the best interests of the community. There was no second to the motIon Motion by Councilmember Holbrook, seconded by Counc1lrnember Bloom, to approve staff recommendation The motion was approved by the followmg vote: Ayes. Councilmembers Holbrook. McKeow~. Femstein, Bloom, Mayor O'Connor Councllmember Rosenstein Mayor Pro Tern Genser Noes: Absent: 6-H: Purchase of thirty-seven liquid natural gas powered transit buses and miscellaneous spare parts - recommendation to authorize the City Manager to negotiate and execute Contract No. 7634 (CCS) with North American Bus Industries, m the amount of$13.07l,453, to purchase 37 new forty-foot, low-floor, lightweight, LNG powered transit buses With I 4 November 9.1999 I I I STAFF ITEMS: 1073 nuscellaneous spare parts; and recommendation to appropriate funds as outlined m the staff report, was presented Staff answered questions of Councilmember Rosenstem regarding the non pollutmg buses, new matenal the buses are made from, and new bus features including; bIcycle racks, automatic announcement systems and cameras MotIon bv CouncIlmember Rosenstem, seconded by CouncIlmember FeInStein to approve staff recommendation The motIOn was approved by the followmg vote Ayes: CouncIlmembers Bloom, FeInStein. McKeown. Rosenstem. Holbrook and Mayor O'Connor None Mayor Pro Tern Genser Noes Absent On order of the Mayor, Items 9-B and 9-C to be heard before Item 9-A m order to allow the partIcIpatIon of~1ayor Pro Tern Genser, scheduled to arrIve later at the meetmg FOREST MANAGEMENT 9-B: Approval ofthe Draft Community Forest Management Plan - PLAN recommendation to approve the Draft Plan and to dIrect staff to proceed with necessary changes to the MuniCIpal Code to implement the prOvIsions of the Plan. was presented. Mayor Pro Tem Genser arnved at 819 pm On order of the Mayor, the public hearmg was opened Joy Fullmer, Susan Henderson.. Jerry Rubin. and RIck LaudatI spoke on vanous Issues, mcludmg but not lirmted to: allowmg eXISting trees to remam, the community mput process, replacement of trees, and pOSSible postponement of approval of the documents. On order of the Mayor, the public hearmg was closed. DiSCUSSIOn ensued regarding preservatIOn and relocatIOn of trees, the public process. tree types and alternative language detimng the term "commumty forest" Motion ofCouncilmember Rosenstem, seconded by CouncIlmember Feinstem, to adopt the proposed Commumty Forest Management Plan 2000 amending the defimtIOn of "Community Forest" as follows: "In the broadest sense. the Commumty Forest IS compnsed of all trees m the City whether on public or private property. In tins plan, the CIty'S first focus Will be on trees wluch are under our care and we will work closely with other public entities to encourage them to embody these poliCIes and practIces in caring for and managmg the trees wItlun theIr boundarIes As a subsequent phase to tlus 5 November 9. 1999 1074 RECESS SUSTAINABLE CITY PROGRESS REPORT Plan. the CIty mtends to address issues related to privately owned trees." I The motIon was approved by the followmg vote' Ayes Councihnembers Holbrook. Rosenstem,. McKeo\'J'll. Femstein. Bloom, Mayor O'Connor Mayor Pro Tern Genser None None Abstain: Noes: Absent Mayor Pro Tern Genser stated for the record that he did not vote on the motIon because he wasn't present for all the public mput and :felt that votmg would be mappropriate. On order of the Mayor, the City Council recessed at 8:55 p.tn., and reconvened at 9 19 p.m. With all members present. 9-C Recommendation to review the Sustainable City Progress Report Update from the Santa Monica Task Force on the Environment. was presented. On order of the Mayor the public hearmg was opened. Member of the public Joy Fullmer expressed VarIOUS concerns DISCUSSIOn ensued regardmg recycling programs, construction projects' waste, and the Green House project. Counctlmember Feinstem suggested that staff 1) research and submit a resolutIon to the State of California asking the State to consIder using green waste as compost in pubhc fucilities and public operatIons, 2) to look mto other incentIves for the public to mcrease water conservatIon, and 3) to find out how countries like Germany look at their source reductIon problems and what are possible options on a muruclpalleveL MotIon of CouncIlmember FeInStein. seconded by Mayor Pro Tern Genser to, receive and file the Information with drrection to staff to note the suggestIons made. The motion was approved by the following vote: Ayes Councihnembers Bloom, Feinstein. McKeown. Rosenstem,. Holbrook, Mayor Pro Tern Genser, Mayor O'Connor. None None Noes' Absent: 6 November 9, 1999 I I I I I 1075 RULES OF ORDER AND 9-A. Resolution amending The Rules of Order and Procedures for the PROCEDURES Conduct of City Council Meetings and supplemental report. (Contmued from October 26, 1999.) On order of the Mayor the public hearing was opened. Members of the public Jerry Rubm. Chuck Allord, and Jeff Slar addressed various Issues, inc1udmg but not bmited to tnne hrmts on publIc input, 13-ltems and 14- items Motion by CouncIlmember McKeown, seconded by CouncIlmember FeinsteIn, to contmue the meeting past 11'00 P m. The motIon was approved by vOice vote. \'i'lth all members present DISCussion ensued and CouncIlmembers delIberated on suggestions and possible amendments Motion by Mayor Pro Tern Genser, seconded by CouncIlmember Bloom, to adopt Resolution No 9456 (CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 8525 (CCS) TO AMEND THE RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF THE CITY COUNCIL MEETINGS," amendmg pages 15 and 17 as indicated by the City Attorney to correct mcollSlStency on overruling the Charr, to strIke new language relatIve to ''maJonty of those present"' and leave existmg policy in place, to include language to clarify that vmtten commumcatiollS will be placed on the next avaIlable agenda, or will be placed on an agenda With compatible Items; and to mclude language encouragmg members ofthe public to identify themselves and therr neighborhood or City, readmg resolution by title only and walvmg further reading thereof. MotIon to amend by CouncIhnember Femstem to include language to clarify that under 13-rtems members of the public "strive" not to repeat themselves MotIon accepted as friendly Motion to amend by Councilmember F emstem, seconded by Mayor Pro Tern Genser, to change Rule 24 on page 32 to "Unless otherwise determined by a majority of those Councilmembers present all City Council meetings shall adjourn at 11 00 pm," and proposmg to add language to the bottom of page two so that It says. "except as otherwise proVlded in the CIty Charter, or other laws or these rules" The motion was approved by the followmg vote 7 November 9, 1999 1076 CounCllmember Rosenstein was excused at 12 00 a m. Ayes Councilmembers Bloom, Femstein. McKeown, Holbrook. I Mayor Pro Tern Genser. Mayor O'Connor Counctlmember Rosenstein None ~oes: Absent: Motion by Mayor Pro Tern Genser to include language on Rule 5 as follows "Councilmembers should endeavor to make a request by 3 '00 pm., on Thursday in order to insure that the matter will be agendJZed for the followmg Tuesday However, Items submitted later shall be agendized, If possible, subject to Brown Act reqwrements." Mohon to amend accepted as fnendly. Motion ofCounctlmember Fernstein. seconded by Mayor Pro Tem Genser, to amend the resolution to mstitute a hrrut of SIX mmutes total. per meeting. for public testimony with members ofthe pubhc deciding how to apportIon the time, with a mmnnum of one-mmute increments, and in increments of 1, 2, or 3 mmutes The motion was approved by the follO\'Vmg vote. Ayes COllllcilmembers Bloom, Feinstein, McKeown. Holbrook. Mayor Pro Tem Genser, Mayor O'Connor. None Counctlmember Rosenstem I Noes Absent Motion to amend by Mayor Pro Tern Genser to allow Councd debate when having a member of the public sworn Motion accepted as fnendly Motion to amend by Mayor Pro Tem Genser to add" to include but not limited to ., relative to agendIZing reports from boards and COmmISSions Motion accepted as frIendly Vote on Main motion as amended: Ayes: Councilmembers Bloom, Feinstein, McKeown, Holbrook, Mayor Pro Tem Genser. Mayor O'Connor. None Councilmember Rosenstem Noes' Absent Motion by Councilmember Feinstem, seconded by Mayor Pro Tern Genser, to direct staff to look into a systematIc scheduling ofthe mspiration portion of the agendas m conjunction with community calendars and needs. Mohon was unanimously approved by voice vote, with Councilmernber Rosenstem absent. 8 November 9.1999 I I I I WRITTEN REQUEST: GRADUATION FIREWORKS DISPLAY COUNCILMEMBER HEMS: RESIGNA TION .Mayor 0 'Connor was excused at 12 10 a m COMMISSIONER EMERITUS PUBLIC L~PUT CLOSED SESSIONS 1077 13-A- Request of Chris Megamu, on behalf of Santa Monica High School, to address Council requesting approval of a fireworks display immediately following the senior graduation on June 21, 2000, was presented. On order oftbe Mayor. tbe public hearmg was opened. Members of the pubhc Ahcia Johnson, Robert Santini, and Jenny Melendez spoke in favor of the request Motton ofCouncilmember Rosenstein, seconded by Mayor Pro Tern Genser, to approve the request Matton was approved by VOlce vote. with Councilmemher Rosenstein absent 14-A Acceptance of Scott Freshwater's letter of resignation from the Bayside District Corporation and authorization for the City Clerk to publish the vacancy. Motion of Councilmember Femste~ seconded by Councilmember Bloom. to accept tbe letter WIth regrets, and to direct the City Clerk to publish the vacancy The motion was approved by VOlce vote, with CouncIhnember Rosenstem and Mayor O'Connor absent. 14-B: Request of Mayor O'Connor and Councilmember Bloom to approve the Commission on Older Americans's request to appoint Rosemary Regalbuto as a Commissioner Emeritus, was presented. Motion by Councilmember Bloom, seconded by CouncIlmember Feinstem. to approve the request. The motion was approved by the following vote' Ayes' Councilmembers Bloom. Feinstem. McKeov.n, Holbrook, Mayor Pro T em Genser None Mayor O'Connor, COWlcilmember Rosenstem. Noes Absent Members of the public Odas Flake, Stewart Resmer. Randy DIllenbeck, and Darnel R. Moeher spoke m favor offlymg the POW-MIA flag at City Hall. Member ofthe public Art Casillas spoke about neighborhood come. Member of the public Frank Cannava spoke regardmg alleged tort damages due him Member of the pubhc Chuck Allord expressed concerns on the percentage oftIille allowed for public input 16-A: Conference with Legal Counsel- Anticipated Litigation. N umber of cases: Six. 9 November 9. 1999 1078 Mayor 0 'Connor returned at 12 19 am. Motion by COWlcilinember Bloom, seconded by COWlcIlmember FeInStein. to approve the settlement on one case of antiCipated htIgatlon involvmg I Embassy SUItes by classifying one half the units as apartments and one half the Ulllts as hotel. and the protectmg of eXISting tenants. as recommended by the City Attorney MotIon was approved by the following vote: Ayes' Noes: Absent CouncIlmembers Bloom, Feinstem, McKeown, Holbrook, Mayor Pro Tem Genser, Mayor O'Collllor None CoWlcihnember Rosenstem MotIon bv COWlcilmember Holbrook, seconded by COWlcIlmember Bloom, to settle the anticIpated httgation case of the Rossmon claim for second UllltS to be governed by the results of CALHO vs. Citv of Santa Monica. Motion was approved by the following vote Ayes: Noes: Absent: COWlcilmernbers Bloom, Feinstein, McKeown, Holbrook. Mayor Pro Tern Genser, Mayor O"Collllor None COWlctlmember Rosenstein There was no reportable action taken on the remammg four cases I 16-B: Conference with Legal Counsel- Existing Litigation: Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007 078. ActIon' ThIs matter was not heard 16-C Conference with Legal Counsel- Existing Litigation: Shober v. City of Santa Monica, Case No. 22005575. Motion by COWlcihnember Bloom, seconded by COWlcihnember Feinstem. to approve settlement so that the owner promptly rebuIlds the property involved, but allows the Landmarks Conunisslon control of the facade The motion was approved by the followmg vote- Ayes. Noes: Absent: COWlcthnembers Bloom, Feinstein, McKeo\\'ll, Holbrook, Mayor Pro Tern Genser, Mayor O"Connor None COWlcilmember Rosenstein 10 I November 9.1999 I I I ADJOURNMENT 1079 16-D: Conference with Legal Counsel- Existing Litigation: Michael Davis, et aI., v. City of Santa Monica, Case No. 98 C 00152. Action. This matter was not heard 16-E; Conference with Legal Counsel - Existing Litigation: Alfonso Venegas, et aI., v. City of Santa Monica, Case No. CV 99-02277 NM (Cwx). ActIOn This matter was not heard 16-F Conference with Legal Counsel- Existing Litigation: Alice Cole, et aI., v. City of Santa Monica, Case No. SC 055 183. Action. No reportable action taken On order of the Mayor, the Cny Councd meeting was adjourned at 1240 a m to November 16, 1999 at 6.15 p m ~TTES~ ~ lo ~~_0~ Maria M Stewart CIty Clerk APPROVED: ,-- ~ Pam O'Connor Mayor 11 November 9. 1999