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M-4/27/1999 884 CITY OF SANTA MONICA I CITY COUNCIL MINUTES APRIL 27,1999 A regular meeting of the Santa Moruca City Councll was called to order by Mayor O'Connor at 630 pm, on Tuesday, Apn127, 1999, at City Hall, Council Chambers, 1685 Mam Street Roll Call Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser Councllmember MlChael Femstem Councilmember Robert T Holbrook CouncIlmember Kevm McKeown Councilmember Paul Rosenstem Also Present CIty Manager John Jalili CIty Attorney Marsha Jones Moutne City Clerk Mana M Stewart CLOSED SESSIONS CWSED SESSIONS On order of the Mayor, the City CounCil convened at 6 30 pm, and then adjourned to consider closed seSSlOns Reportmg on I closed sessions made at the end of the meeting RECONVENEIPLEDGE On order of the Mayor the City CouncIl reconvened at 710 pm, with all members present John Jahh, City Manager, led the assemblage m the Pledge of Allegiance CONSENT CALENDAR: The Consent Calendar was presented to conSider and approve all Items in one monon unless removed from the calendar for diSCUSSIon The Mayor opened the pubhc heanng and the followmg members of the pubhc spoke Joy Fullmer expressed vanous concerns, Pro Se spoke in support of the Target Project, Alan Abshez requested CouncIl clarification on the Statement of OffiCial Acnon regardmg PacIfic Park hours, Bul Juarez spoke m support of the pohce reward, Cratg Heard spoke m support of the advertising contract for the Big Blue Bus MotIon by Councilmember F emsteUl, seconded by Counctl:member McKeown, to hear two late speakers for one rmnute MotIon approved by VOice vote, WIth Counctlmember Holbrook votmg m Opposltlon I 1 I I I EARTHQUAKE RECOVERY WIRELESS DIGITAL RADIO PCH TRAFFIC ENFORCEMENT 885 Brian Hutchmgs expressed vanous concerns, Chuck Allord spoke m support of PacIfic Park's hours At the request of Co un cd member Holbrook, Item 6-E was removed from the Consent Calendar At the request of Mayor Pro Tern Genser, Item 6-Q was also removed At the request of Mayor O'Connor, Item 6-N was removed from the consent calendar MotIon by Councdmember Femstem, seconded by CounCllrnember McKeown, to approve all Items on the Consent Calendar as presented, except for Items E, N and Q, readmg resolutIOns and ordinances by tItle only and WaIvmg further reading thereof The motIon was approved by the followmg vote 6-A Earthquake Recovery Resolution - ResolutIon No 9388 (CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 6-B Non-exclusive agreement to install, operate and maintain a wireless digital radio communication network in the City to provide additional telecommunication access to the public and direction to staff to prepare appropriate implementing documents - recommendatIon to authonze the CIty Manager to negotIate and execute non-exclUSive Agreement No 7479(CCS) with Metricom, Inc, to Illstall, operate and maintam a WIfeless, lTIlcro cellular digItal radIO commumcatIOns network WIthIn the City to allow access to commumcatlOns semces not presently avatlable, was approved 6-C Resolution authorizing Police Department participation in multi- agency task force to increase traffic enforcement along the Pacific Coast Highway and to receive grant funds - recommendatIOn to adopt ResolutIon No 9389(CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING SANTA MONICA POLICE DEPARTMENT PARTICIPATION IN A MULTI-AGENCY TASK FORCE SPONSORED BY THE CALIFORNIA mGHW A Y PATROL FOR THE PURPOSE OF INCREASING TRAFfIC ENFORCEMENT ALONG THE PACIFIC COAST mGHW A Y CORRIDOR AND RECEIVING GRANT FUND REIMBURSEMENT FOR THE COSTS OF THE INCREASED ENFORCEMENT," was adopted and the budget changes recommended III the staff report were approved 2 PEDESTRIAN MTI TRAFFIC SAFETY CELEBRATE AMERICA CONCERT RISK MANAGEMENT INFORMATION SYSTEM OFFICE SPACE LEASE ADI\1IN SUPPORT SERVICES FOR MERL PURCHASE OF DUMP TRUCK 886 6-D Agreement for provision of services related to the City's I pedestrian and traffic safety public education campaign - recommendation to authonze the CIty Manager to negotIate and execute Contract No 7480 (CCS) with the advertISIng agency BIg HankIn' Ideas, in the amount of $65,000, to aSsIst With the CIty'S pedestnan and traffic safety pubhc educatton campaIgn, was approved 6-F Approval of fireworks display in Santa Monica College's 17th Annual "Celebrate America" concert program - recommendatIOn to approve fireworks dIsplay at the Santa Maruca College "Celebrate Amenca" concert program on Saturday, July 3, 1999, was approved 6-G Purchase of Risk Management information system - recommendation to authonze the CIty Manager to negotIate and execute Agreement No 7482 (CCS) With Valley Oak System, In the amount of $114,400, for the purchase and mstallatIon of a nsk management mformatIon system for claIms proceSSIng, financial and safety analYSIS, and budgetIng capabIhtIes for the CIty'S self-msurance programs, was approved 6-H Lease extension for office space for the City's Multifamily Earthquake Repair Loan ProgramIHousing and Redevelopment Agency - recommendatlOn to authorize the CIty Manager to negottate and I execute a two-year extension to Contract No 6622 (CCS), in the amount 0 $1 75 per square foot, with En S and Yona Y Krach for office space at 2121 Cloverfield Boulevard, SUite 100, for MERLJRedevelopment staff, was approved 6-1 Contract for provision of administrative support services to the Multifamily Earthquake Repair Loan Program (MERL) - recommendatIon to authonze the City Manager to negotiate and execute Contract No 7105 (CCS) WIth WIlldan ASSOCIates, In the amount of $340,000, to proVide adrmmstratIve support sefVlces to the MERL Program, was approved 6-J Purchase of one compressed natural gas-powered dump truck - recommendatIOn to award BId No 2753 to Carmernta Truck Center, In the amount of$153,027 61, to furmsh and dehver one CNG powered 8-yard dump truck for the Envrronmental and Pubhc Works Management Department, was approved I 3 I I I 887 REFUSE COLLECTION VEHICLE 6-K Purchase of one compressed natural gas powered refuse collection vehicle - recommendatIon to award Bid No 2743 to PacIfic Coast Truck Center, In the amount of$181,937 71, to furnish and dehver one CNGfront end loader refuse collectIOn velucle for the EnVlfonmental and Pubhc Works Management Department, was approved RENOVATION OF ELEVATORS 6-L Contract for renovation of downtown parking structure elevators - recommendation to authorize the City Manager to negotiate and execute Contract No 7483 (CCS) with Amtech Elevator SefVlces, m the amount of $575,000, for the Renovation of the Downtown ParkIng Structure Elevators - Phase II, was approved RUN OFF RECLAMA IION 6-M Contract amendment for provision of engineering support FACILITY services for construction of Dry Weather RunoO' Reclamation Facility - recommendatIon to authonze the Ctty Manager to negotiate and execute an amendment to Contract No 6610 (CCS) WIth CH2M Hill Inc, m the amount of $180,000, to provIde engmeenng support SCfV1ces dunng the construction of the reclamation faCIlIty, was approved REWARD OFFER 6-0 Authorization of a reward for information which may lead to the arrest and conviction of persons responsible for a series of violent crimes committed in Santa Monica during the fall of 1998, was approved ADVERTISING ON BIG BLUE BUSES 6-P Contract for advertising on the inside and outside of Santa Monica's Big Blue Buses - recommendatIOn to award Bid No 2757 to Gateway Outdoor AdveI1lsmg, and authonze the City Manager to negotIate and execute Contract No 7484 (CCS) for transit bus advertIsmg concession, was approved ORDIN^-,1\fCE ADOPTION - 6-R "AN ORDINANCE OF THE CITY OF SANTA MONICA MAIN STREET BID AMENDING AND MODIFYING THE MAIN STREET BUSINESS IMPROVEMENT AREA ASSESSMENT DISTRICT, REPEALING INCONSISTENT PROVISIONS OF ORDINANCES NOS. 1303 (CCS) AND 1328(CCS) AND LEVYING AN ASSESSMENT ON BUSINESSES WITRTN SUCH MAIN STREET BUSINESS IMPROVEMENT AREA," had second readIng and was adopted as Ordmance No 1940 (CCS) 4 888 ORDINANCE ADOPTION RE PARKING IN PUBLIC LOTS 6-S "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 3.04.050 AND I REPEALING MUNICIPAL CODE SECTIONS 3.04.060 AND 3.04.09 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PARKING IN PUBLIC PARKING LOTS," had second reading and was adopted as Ordmance No 1941 (CCS) TARGET STORE PROJECT 6-E Contract for preparation of environmental impact report on proposed Target Department Store project at 430 Santa Monica Boulevard - recommendatIon to authonze the CIty Manager to negotIate and execute Contract No 7481 (CCS) wIth Rmcon Consultants, Inc , man amount not to exceed $126,719, and an EIR for the proposed Target Department Store project, WIth the cost for the EIR to be prod m advance by Target Counctlrnember Holbrook adVlsed he removed tIDs item from the Consent Calendar in order to record a negative vote MotIon by Mayor Pro Tern Genser, $econded by Counctlmember Femstein. to approve staff recommendation The motion was approved by the followmg vote AYES Councllmembers Feinstem, McKeown, Rosenstem, Mayor I Pro Tem Genser, Mayor O'Connor None None Counctlmember Holbrook NOES ABSENT ABSTAIN BIG BLUE BUS IMPROVEMENT PLAN 6-N Recommendation to adopt the Big Blue Bus Service Improvement Plan Update Staff answered questIOns of Mayor O'Connor relatIve to specIfic changes and Improvements for bus routes MotIon by CouncIlmember Femstein, seconded by Councilmember McKeown. to approve staff recommendatIOn The motion was approved by the followmg vote AYES Councllmembers Femstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 5 I I I I 889 PACIFIC PARK HOURS OF 6-Q Approval of Statement of Official Action for Appeal of Planning OPERATION Commission approval to allow expansion of Pacific Park's hours of operation - recommendation to approve the Statement of OfficIal Action for Appeal 98-008 of the Plannmg COllllIDsslOn's approval to amend condItions to allow expansion ofPacdic Park's hours of operatlOn, mcrease number of holidays WIth expanded operating hours, and to allow special hours for up to 24 annual pnvate events at the amusement park DISCUSSIon ensued regardmg the Council's motion to approve the expansIOn of hours and clanficatlOn of specIfic pomts Motion by Councilmember Rosenstem, to approve staff recommendatIon amended by modIfYmg language on condItion II b(4), page 7, to read "Include up to 24 special pnvate partIes dunng winch the amusement park would be closed to the general public may be pemntted" To delete the words "or ehnunate" from 11 be?) winch states "The Sea Dragon RIde shall be retrofitted 10 a manner to reduce or eliminate nOIse from the nde audible from Appian Way" Substitute motion by Mayor Pro Tern Genser, seconded by Councilmember F emste1O, to approve staff recommendation amended by modIfYmg language on conditIon 11 b( 4), page 7, to read "Include up to 24 speCIal private partles dunng which the amusement park would be closed to the general pubhc may be penrutted" Also amended to add the word ..these" to the followmg phrase "'The operatmg hours for these speCIal pnvate parties may be from 10 00 am, to ffildmght, proVldmg the folloW1ng condluons are met " The substitute motion was approved by the following vote AYES CouncIlmembers Femstem, McKeown, Mayor Pro Tern Genser, Mayor O'Connor CouncIlmembers Rosenstein, Holbrook None NOES ABSENT END OF CONSENT CALENDAR ADMIN. PROCEEDINGS 7-A Appeal oftbe Planning Commission's approval to allow APPEAL - CONVERSION conversion of the Pacific Gardens Retirement Hotel to a Residential PROJECT AT 851 2"1) ST. Care/Assisted Living Facility for the Elderly (851 rd Street) On order of the Mayor, thts appeal was continued at the request of apphcant and appellant 6 890 ORDINANCES - SECOND 8-A Staff introduced for first reading an ordinance entitled: "AN I DWELLING UNITS ORDINANCE OF THE OTY OF SANTA MONICA AMENDING THE CITY'S ZONING ORDINANCE TO ESTABLISH PERMANENT STANDARDS FOR SECOND DWELLING UNITS IN THE R-I AND OP-l ZONING DISTRICTS." On order of the Mayor, the publIc heanng was opened The followmg members of the public spoke in support of the ordinance Lou Moench, Chuck Allord, DaVld Rosman, F amm !sam, and Coos Hardmg who expressed concerns regardmg the use restnctlOns The followmg members of the pubhc spoke m opposItion of the ordmance Rose Kaufinan, Polly Benson-Brown, Walter Anger, SheIla Wells, Gtles SIll1th, Robert Lee Hotz, and Bnan Hutchmgs 11m Isaacs expressed concerns regardmg restricted dwelhng units and pOSSIble dlscnmmatlOn and VIOlation and civIl nghts for ethnic mmontIes or clnldren John Hathorn encouraged CouncIl to extend the mtenm ordmance and study ways so that second dwelhng umts do not negatIvely Impact single family dtstncts Joy Fullmer expressed vanous concerns Motion by Mayor Pro Tern Genser, seconded by CouncIlrnernber Holbrook, I to introduce and hold first reading of the ordmance, amended on page 23, subparagraph ( a) to read "The second U1llt shall be mtended to be used ';vk:j for occupancy as a resu1entwl dwellmg "WIth the word "solely" deleted The motlOn was approved by the followmg vote AYES Councilmembers Holbrook, McKeown, Mayor Pro Tern Genser, Mayor O'Connor Counctlmember Rosenstem, F emstem None NOES ABSENT Counctlmember F emstem stated, for the record, that he voted "no" not because he does not beheve the City should preserve the mtegnty of its neIghborhoods but because he believes It can be more appropnately accomplished by regulating the number of units rather than the type of mhabltants RECESS On order of the Mayor, the Ctty CouncIl recessed at 947 pm, and reconvened at 10 08 pm, WIth all Councilmembers present 7 I I I I STAFF ADMIN. ITEMS QUALITY OF LIFE 891 9-A Recommendation to receive report from the Pico Neighborhood Advisory Committee addressing the quality of life in the area bounded by 14th S~reet to Stewart and Pico ~o Olympic Boulevard, was presented by Pohce Cmef Butts, Ed Bell, Lupe Castro on behalf of Rosemary Cuadms, Adam Nathan, Domtnlck Babmnca On order of the Mayor, the pubhc heanng was opened The foUow1Og members of the pubhc spoke m support ofthts project Michael Summers, Clara Romero, Bnan Hutchmgs, Oscar de la Torre, Cesar de la Torre, George George, and Frank Juarez Mohon by Councllmember McKeown., seconded by Councllmember Rosenstein., to reCeive and file, With great gratitude The motion was unamrnously approved by VOice vote WRTITEN COMMUNICA-13-A Request of Nancy Goodstein to address Council regarding TIONS - USE OF LAND zoning and land use of city-owned land at the Santa Monica Airport. A T AIRPORT 2929 PICO BLVD. On order of the Mayor, the mformatlOn received and filed, as Ms Goodstem was not present 13-B Colin Edwards presented his request for assistance to Council regarding the on-going problems associated with Bundy Auto, a junkyard located at 2929 Pico Boulevard. Members of the pubhc Faron Isom, and Paul Colhns spoke 10 support of the request DaVid Schwartz, owner of the property 10 queshon., adVised that he had communicated wrth the residents and 10tended to clean up the site Immediately On order of the Mayor, the information was received and filed Motion by Counctlmember Feinstem, seconded by Councilmember McKeown., to continue the meetmg past 11 00 P m MotlOn approved by VOlce vote "'"lth Councllmember Rosenstem votmg m opposition COUNCIL ITEMS 14-A Appointment to ooe vacancy 00 the Los Angeles County West L.A. CO. WEST VECTOR Vector Control District for a term ending December 31,2000. CONTROL On order of the Mayor, tlus appomtment was contmued to May 25, 1999 8 BUILDING & SAFETY MTI,LENNIDM - CARILLON/CLOCK AREA CODE CRISIS MODIFICATION OF TENANT HARASSl\fENT ORDINANCE 892 14-B Appointment to one unscheduled vacancy on the Building & I Safety Commission for a term ending June 30, 2000. (Continued from 3/16/99. ) On order of the Mayor, tlus appomtment continued to May 11, 1999 14-C Request of Coundlmember Holbrook to direct staff to research the cost of a carillon and clock as a permanent installation in celebration of the Year 2000 and the new millennium. Member of the pubhc Bnan Hutclungs spoke in favor of the request Motion by Counctlmember Holbrook, seconded by Councllmember McKeown, to approve request The motton was unarumously approved by vOice vote 14-D Request of Councilmember Rosenstein to advocate for the resolution of the area code crisis that is negatively impacting Santa Monica residents and businesses, and authorize staff to pursue solutions through appropriate State and Federal officials. Members of the pubhc Jerry Rubm and Bnan Hutchmgs spoke 10 support orl the request Motion by Councilmember Rosenstem, seconded by Counctlmember F emstem, to approve request The motIon was unarumously approved by VOIce vote 14-E Request of Councilmembers McKeown and Feinstein to direct staff to respond to dramatically increased tenant complaints by clarifying and strengthening Santa Monica's Tenant Harassment Ordinance; adding protection against wiDful actions intended to cause a tenant to vacate a unit, including deliberate deprivation of quiet enjoyment; defining liability in related civil actions by the preponderance of evidence standard; and otherwise modifying, as directed by Council. MotIOn by Councilmember Femstem, seconded by Councllmember McKeown, to approve request and drrect staff to return WIth an emergency ordmance The motion was unammously approved by vOice vote I 9 I I I CLOSED SESSIONS 893 16-A Conference with Legal Counsel- Existing Litigation: Tiffany Allen v. City of Santa Monica, Case No. SC 049 021. MotlOn by Counctlmember Feinstein, seconded by Councllmember McKeown, to approve settlement in the amount of $27,500 The motIOn was approved by the following vote AYES Councilmembers Rosenstem, McKeown, Femstem, Mayor Pro Tern Genser, Mayor O'Connor None CounCllmember Holbrook None NOES ABSTAIN ABSENT 16-C Conference with Legal Counsel ~ Existing Litigation: Coalition Advocating Le2a1 Housin& Options v. City of Santa Monica, Case No. BS 053-199. ACTION No reportable action taken 16-E Conference with Legal Counsel- Anticipated Litigation: Number of Cases: Three. Motion by Councdmember Femstein, seconded by Councdmember McKeown, to approve settlement on one case of payment by Santa Moruca- UCLA Hospital to the City m the amount of $640,000 The motion was approved by the followmg vote AYES Counctlmembers Holbrook, Rosenstem, McKeown, Femstem, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 16-F Conference with Real Property Negotiator: Property: 1228/1230 Montana Avenue, Santa Monica Negotiating parties: Jeff-Mathieu, City representative Pierce Brothers, owner of record Under negotiation: Option for acquisition of real estate property ACTION No reportable actIOn taken 10 PUBLIC INPUT RECESS ADJOURNMENT 894 PUBLIC INPUT Chuck Allord dIscussed the nOlse ordmance and enforcement problems Bnan HutchIngs dIscussed results of the specIal municIpal election recently held I On order of the Mayor, the CouncIl recessed at 1228 am, and contmued on Wednesday, Apn128, 1999, at 700 pm, to discuss the following closed seSSlOns 16-B Conference with Legal Counsel- Existing Litigation: Steichen v. City of Santa Monica, Case No. SC 041 545. ACTION No reportable actIon taken 16-D Conference with Legal Counsel- Existing Litigation: City of Santa Monica V. 1723 Cloverfield Partners, Case No. Be 191 656. ACTION No reportable actlOn taken On order of the Mayor, the City Councll meeting was adjourned at 9 30 I pm, to May 11, 1999,10 memory of Hen nett a Pally and Melvrn Genser '- ATTEST ~~.~ ~~~.~ Maria M Stewart CIty Clerk - APPROVED 'Gl ~11r--- Pam O'Connor Mayor 11 I