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M-2/23/1999 (5) I I I 841 CITY OF SANTA -MONICA CITY COUNCIL MINUTES FEBRUARY 23, 1999 A regular meetmg of the Santa Moruca CIty Counctl was called to order by Mayor O'Connor at 620 pm, on Tuesday, February 23, 1999, at the Mam LIbrary Audltonum, 1343 6th Street Roll Call Present Mayor Pam O' Connor Mayor Pro Tern Ken Genser Counctlmember MIchael Femstem Counctlmember Robert T Holbrook Councllmember Kevm McKeown Councdmember Paul Rosenstem Also Present City Manager John Jalili Asst CIty Attorney Joseph Lawrence City Clerk Mana M Stewart CLOSED SESSIONS CWSED SESSIONS On order of the Mayor, the CIty Counctl convened and recessed at 6 20 pm, to consider the followmg 16-A Request for Oosed Session to accept resignation of Public Employee and discuss recruitment process. Employee Title: City Manager On order of the Mayor, actIOn on tills Item will be taken towards the end of the meetmg Conference with Legal Counsel - Existing Litigation: 16-B Park v. Bahan et aI., Los Angeles County Superior Court Case No. BS 046061. No reportable actIOn taken 16-C People v. Clint Martin, Los Angeles County Superior Court Case No. 8SM04462. No reportable actIOn taken 1 February 23, 1999 RECONVENEIPLEDGE SPECIAL AGENDA ITEMS SPECIAL JOL~T MEETING 1998-1999 MID-YEAR BUDGET REVIEW 842 16-D Santa Monica Street Performers Group v. City of Santa Monica'l Case No. CV 98-7473 LGB (RNBx). No reportable action taken 16-E Bret Carr v. Santa Monica Police Department, City of Santa Monica, et aI., Case No. CV 97-8765 HLH (Ex). No reportable achon taken 16-F Potential Litigation: Number of cases - one. No reportable actlOn taken On order of the Mayor the City Councll reconvened at 7 17 pm, WIth all members present Mayor Pro Tern Genser led the assemblage 10 the Pledge of Allegiance 4-A Proclamation declaring March 1999 to be American Red Cross Month. ProclamatlOn was presented by Mayor O'Connor and accepted by Mr Rtchard Bloom At 7 20 pm, a Spectal Jomt meetmg of the CIty CouncIl, Parkmg Authonty,1 and Redevelopment Agency was convened CC/PA/RA-l Fiscal Year 1998-1999 Mid-Year budget review and adoption of associated budget changes - recornrnendatlon for City Council to adopt a resolutton estabhslnng new classIficatIOns and adoptmg salary rates, and for Cay Counell, the Redevelopment Agency, and the Parking Authority, to each adopt a resolution amendtng the budget Motton by Counctlmember Rosenstem, seconded by Mayor Pro Tern Genser, to adopt ResolutlOns Nos 9368 (CCS) (Salary), 9369 (CCS) entitled, respectively <<A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISlllNG NEW CLASSIFICATIONS AND ADOPTING SALARY RATES" AND "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR FISCAL YEAR 1998-1999," readmg by tttle only and wmvmg further readmg thereof The motton was approved by the following vote AYES Councdmembers Holbrook, Rosenstein, McKeown, Femstem, Mayor Pro Tern Genser, Mayor O'Connor None I NOES 2 February 23, 1999 I I I 843 On order of the Mayor, the special JOint meetlOg adjourned and the regular City CouncIl meeting reconvened, at 7 38 p m CONSENT CALENDAR: The Consent Calendar was presented to consIder and approve all Items In one motion unless removed from the calendar for discussiOn Motion by Councllmember Femstein, seconded by Councllmember McKeown, to approve all Items on the Consent Calendar as presented, readIng resolutIons and ordmances by tItle only and w81vmg further readlOg thereof The motion was approved by the followlOg vote AYES CouncIlmembers Holbrook, Rosenstem, McKeown, FeInsteIn, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT APPROVAL OF MINUTES 6-A The minutes of December 15 and 22, 1998, CIty Connct! meetings were approved EARTHQUAKE RESOLUTION 6-B Earthquake Recovery Resolution - Resolution No 9370 (CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted SENIOR NUTRITION AND 6-C Resolution for application for funds and contract for services - RECREATION PROGRAM Contract No 7341 (CCS) WIth Los Angeles County for provision of services was approved, and ResolutiOn No 9371(CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITI AL OF A PROPOSAL AND THE SIGNING OF A CONTRACT TO PROVIDE MEAL AND TELEPHONE REASSURANCE SERvlCES FOR ELDERLY PERSONS," was adopted REPAIR OF SANITARY SEWER MAINS 6-D' Rejection of bids and approval of contract amendment for repair of earthquake-damaged sanitary sewer mains in Cloverfield and Pico Boulevards - recommendatIOn to reject all bids receIved, and authonze the CIty Manager to negotIate and execute an amendment to Contract No 7403 with Preussag Pipe Rehabilitation, in the amount of$2,298,882, for rep81rs to samtary sewer mains, and negotlate and execute a contract with Harris & ASSOCIates, In the amount of $190,900, for constructIon management and Inspection servIces was approved 3 February 23, 1999 PURCHASE OF CROWN VICTORIA SEDA..~S PURCHASE OF UTILITY VEIllCLES PURCHASE OF AMBULANCE REJECTION OF BIDS - RESCLJE APPARATUS 844 6-E Purchase of Ford Crown Victoria Sedans and notification of exception policy re doing business in or with Burma - recommendation I to award BId No 2745 to VtllaFord, In the amount of$417,890 54, to furrush and delIver mneteen new Ford Crown Victona Sedans for the PolIce Department was approved 6-F Purchase of two utility vehicles for the Police Department - recommendatIon to award Bl(i No 2741 to Santa Mornca Chevrolet, in the amount of $56,490 26, to furrush and delIver two PolIce package utility vemcles for the PolIce Department was approved 6-G Purchase of one Ambulance for the Fire Department - recommendatIOn to award BId No 2738 to Ackerman Emergency EqUIpment, Inc, in the amount of $95,668 10, to furnish and delIver one Type III Slant SIde Modular Ambulance for the FIre Department was approved 6-H Rejection of bid for Fire Department urban search and rescue apparatus - recommendatIon to reject BId No 2736 from Super Vacuum Manufactunng Co , Inc , and direct staff to re-evaluate bid specifications, research open market for other bIdders, and rebId specificatIons was approved I REJECTION OF BIDS FOR 6-1 Rejection of bid for purchase of taiUights for the Big Blue Buses - BUS TAll.,LIGHTS recommendation to reject bIds submitted for Bid No 2742 and dIrect staff to rebId the reqUIrement was approved PURCHASE OF 3/4 TON PICKUP TRUCKS 6-1: Purchase of two compressed natural gas 3/4 ton pickup trucks and notification of exception to Policy regarding doing business in or with Burma - recommendatIon to award BId no 2731 to Robert Loud Ford, In the amount of $41,748 78, for two CNG 3/4 ton pIck up trucks, for the Comrnumty and Cultural Semces and the Environmental and Pubhc Works Management Departments, and notification of exception to Resolution No 8966(CCS) regardmg conductmg busmess WIth firms domg busmess in or WIth Burma was approved PURCHASE OF EMISSION 6-K Purchase of emission test analyzer - recommendation to award BId TEST ANALYZER No 2740 to SPX Corporation, in the amount of $42,639 84, to furnish and delIver one errusslOn test analyzer for the Environmental and Publtc Warks Department was approved 4 February 23, 1999 I I I I PURCHASE OF CNG CAB AND CHASSIS PURCHASE OF P AS SENGER VANS 845 6-L Purchase of three compressed natural gas cab and chassis with 34- foot aerial devices - recommendation to award BId No 2727 to Altec Industnes, Inc, 10 the amount of $207,075 09, to furnish and deliver three compressed natural gas cab and ChasSIS with 35-foot aenal devIces for the Environmental and Pubhc Works Department and for Planrung and Commuruty Development Department was approved 6-M Purchase of two gasoline powered vans and one compressed natural gas van - recommendatIon to award bid No 2730 to Maunce Sopp & Son Chevrolet, III the amount of$42,857 78, for two 8-passenger vans for the City Clerk's Office and EnVIronmental and Pubhc Works Department, and to Del Arno Dodge, ill the amount of$29,726 53, for one IS-passenger van, for Commumty and Cultural SefV1ces Department was approved DRY WEATHER RUN OFF 6-N Contracts for construction and construction management of dry FACILITY CONSTRUCTION CITY'S INVESTMENT POLICY weather runoff reclamation facility; agreement with City of Los Angeles; loan from the State Water Resources Control Board; and, contract with (MWD) - recommendatIOns to authonze the City Manager to negotiate and execute Contract No 7454(CCS) with Pacific Mechanical Corporation, in the amount of$5,663,000 for the construction of the dry weather runoff reclamatIon facility, authorize the City Manager to negotiate and execute Contract No 7455(CCS) WIth Black & Veatch, III the amount of$458,380, for construction management services of the project, authonze the CIty Manager to negotIate and execute Agreement No 7456(CC5) with the City of Los Angeles for cost-sharing of the project, authonze the City Manager to negotIate and execute Contract No 7457(CCS) WIth the MWD to receive rebates/recycled water CreditS for the project, accept $5,000,000 loan from the State Water Resources Control Board, and, to approve budget actIOns outlmed m the staff report, were approved 6-0_ Approval of revised City's Investment Policy and delegation of investment authority - recommendation to approve the proposed Investment Pohcy and delegate to the CIty Revenue Manager/ Treasurer mvestment authonty for March 1, 1999, through February 29,2000, was approved MotIon by CouncIl member Femstem, seconded by Mayor Pro Tern Genser, to dIrect staff to send a letter to the State Treasurer urgmg State legislators to conSIder a change to the State Code to allow dIvestment in firms whose policies are contrary to the City's investment pohcy The motIon was unarumously approved by VOIce vote, WIth all Councdmembers present 5 February 23, 1999 846 CAt""JCELLATION OF COUNCIL MEETING 6-P Recommendation to cancel the March 9, 1999, regular Clty councIl1 meetmg and reschedule the meetmg to March 16, 1999, was approved END OF CONSENT CALENDAR ADMINISTRATIVE PRO- 7-A Appeal of Planning Commission Approval to allow expansion of CEEDINGS: APPEAL RE Pacific Park's hours of operation, increase number of holidays, and PACIFIC PARK HOURS allow for up to 24 annual private events - recommendation to uphold the OF OPERATION appeal, and modtfY Planning Conurussion's approval of Development ReVIew 98-002 to amend condItIons ofapprovaI stIpulated m DR 91-006 to allow expanSlOn of PaClfic Park's hours of operation, to Increase the number of hohdays when the park is permitted expanded operattng hours, and, to allow special hours for up to 24 pnvate events at the amusement park annually (Contmued from 2/16/99, pubhc heanng closed) Applicant Santa Monica Amusements, L L C Appellants Ellen Brennan and Tom Ray DISCUSSIon ensued relatIve to the Issues raIsed dunng the pubhc heanng, staff's recommendations, and PacIfic Park's proposals MotIon by Councilmember Rosenstein, seconded by Councilmember Holbrook, to deny appeal, uphold the Plannmg Commission's deClslOn, and I In addition, reqUire PaCIfic Park to enclose the Sea Dragon ride, to proVIde the City $30,000 annually for a secunty enhancement program, to direct staff to momtor unpact of extended hours, and to look at the larger area for security needs, and at others' responsibility for secunty Substitute motion by Mayor O'Connor, to change hours so that dunng the non-peak season closmg time Monday through Thursday would be 10 00 p.m., Friday and Saturday at 11 30 pm, and Sunday at I 1 30 P m During peak: penod Monday through Wednesday at 11 00 pm, Thursday at mldrught, Fnday and Saturday at 12 30 am, Sunday at 11 30 pm, Holidays untt! rnldrught, New Year's Eve to 1 00 am, and pnvate partIes to midnight There was no second to the substItute motion SubstItute motton by Mayor Pro Tern Genser, seconded by CouncIImember McKeown, for the hours to be Dunng off-peak season Sunday through Thursday uotl110 00 pm, Fnday, Saturday and holidays or holiday eves untIl rnidmght, dunng peak season Sunday through Thursday to 11 00 pill, Fnday, Saturday, holidays and eves untIl lll1dmght, WIth the exceptIon of New Year's Eve until 2 00 am, 24 pnvate parties untillll1drught, With notice in accordance With a plan approved by the Planrung Dlfector, hve amphfied mUSiC not pemntted after 11 00 pm, except on New Year' 5 eve I 6 February 23, 1999 847 untt! 1 00 a ill , to reqUlre adnurustratIve approval for any nde change, subject to nOIse analysIs proVIded by the applIcant, Pacific Park to contnbute during first year $30,000 for security enhancements, that during the year staff would study the Impact to security, and that the amount may be adjusted based on analysIs In subsequent years, to reqUlre a fence enclosure of the Sea Dragon, as proposed, and closure of the nde at 10 00 pm, on off-peak season and at 11 00 pIll, during peak season, that the eve of Martin Luther King's, eve of Presidents' Day, eve of Me mona I Day, eve of July 4, eve of Labor Day. eve of Veterans' Day, eve of Thanksgnllng and ThanksgIVIng Day, and Chnstmas Day to have the holIday schedules the same as weekend hours, except for New Year's Eve that has specified hours, that vacation periods that will have <<peak hours" schedule be two weeks for spnng break and from December 26 through January 2 I MotIon by CouncIlmember FeInsteIn to amend substItute motIon., to Include traffic mitigation requrrements. The motton died for lack of a second MotIon to amend substItute motion by Mayor O' Connor, seconded by CouncIlmember Holbrook, to change the peak season clOSIng hours on Friday, Saturdays, and hohdays to 12 30 a m The motIon to amend faIled by the following vote I AYES NOES ABSENT Counctlmembers Rosenstem, Holbrook, Mayor O'Connor CouncIlmembers Femstem, McKeown, Mayor Pro Tern Genser None The substItute motIon failed by the follOWIng vote AYES NOES ABSENT Councilmember McKeown, Mayor Pro Tern Genser CouncIlmembers Holbrook, Rosenstelll., F einstem, and Mayor O'Connor None MotIon to amend mam motton by Mayor O'Connor, to have a noticmg plan In diSCUSSIon with Planning Drrector, hve mUSIC end at 11 00 pm, for Planrung DIrector to approve nde changes, to Include In the motIon the schedule dIscussed for hohdays and eves' ofhohdays The amendments were accepted as friendly_ The main motIon failed by the following vote AYES NOES I Councdmembers Holbrook, Rosenstem, Mayor O'Connor Councllmembers McKeown, FeInsteIn, Mayor Pro Tern Genser 7 February 23, 1999 ORDINANCES: INCREASE IN LOT WIDTH & DEPTH Councllmember Holbrook and Mayor Pro Tem Genser were excused at 11 11 pm, due to potential corifIrc! of mterest. 848 MotIOn by CounclImember Femstem, seconded by Mayor O'Connor, to I continue the meetmg past 11 00 P m The motIon was unammously approved by VOice vote MotIOn by Councllmember Rosenstem, seconded by Mayor O'Connor, to make ongmal mol1on agam, as amended, except to change the hours for peak season to closmg at 1230 a m on Fnday, Saturday and holIdays, and accept staff's recommendatIon regarding vaca1ton hours SubstItute motIOn by Mayor Pro Tern Genser, seconded by Councllmember Feinstem, to put on the floor Ius pre\-10US amended substItute motIOn, amended to accept closing time of 9"00 pm, on off-peak season Sunday through Thursday and IIDdnight on weekends and holidays That dunng peak season closmg tIme would be 11 00 pm, Sunday through Thursday, and 12 30 am, Friday, Saturday and hohdays The substitute motIOn was approved by the followmg vote AYES Counctlmembers Feinstem, McKeown, Mayor Pro Tern Genser, Mayor O'Connor Councilmembers Rosenstein, Holbrook NOES On order of the Mayor, staff was dlfected to look at secunty lssues m the I neighborhood and return to Councl! as appropnate 8-A Ordinance No. 1936(CCS) entitled: "ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 9 04 08 02 070(C) OF THE MUNICIPAL CODE TO INCREASE MINTh1UM LOT WIDTH REQUIREMENTS FROM 50 FEET TO 100 FEET AND MINIMUM LOT DEPTH REQUIREMENTS FROM 100 FEET TO 175 FEET FOR Rl ZONED PARCELS WITHIN THE AREA BOUNDED BY THE CENTER LINES OF FIRST COURT ALLEY, 7TH STREET, MONTANA PLACE NORTH ALLEY AND ADELAIDE DRIVE," was presented for second readmg and adoptIOn Motion by Councdmember Femstem, seconded by Counctlmember McKeO\vn to adopt ordmance, readIng by tItle only and WaIvmg further readmg thereof The motIon was approved by the followmg vote AYES Counctlmembers Femstem, McKeown, Rosenstem, Mayor O'Connor None Councllmemher Holbrook, Mayor Pro Tern Genser I NOES ABSENT 8 February 23, 1999 I I I AUTO REPAffi REGULATIONS Councl/member Holbrook and Mayor Pro Tem Gerner returned 11-15 pm MAIN STREET - USES AND STANDARDS ADMINISTRA TIVE ITEMS: PURCHASE OF RENEWABLE ENERGY Counctlmember Rosenstem was excused at 11 20 P m 849 8-B Ordinance No. 1937(CCS) entitled: "AN ORDINA.,"l\[CE OF THE CITY OF SANTA MONICA AMENDING SECTION 9 04 08 15 040 OF THE MUNICIPAL CODE TO CONDITIONALLY PERMIT EXISTING AUTO REPAIR BUSINESSES LOCATED IN THE BSC-3 ZONING DISTRICT TO EXPAND OR INTENSIFY PROVIDED THE PROPERTY IS PHYSICALLY IMPROVED TO COMPLY WITH CURRENT DESIGN AND DEVELOPMENT STANDARDS:' was presented for second reading and adoption MotIon by Counctlmember Rosenstem, seconded by Councllmember F emstem, to adopt ordinance, reading by tItle only and wawing further reading thereof The motion was approved by the followmg vote AYES Counctlmembers F emstem, Rosenstem Holbrook, Mayor Pro Tern Genser, Mayor O'Connor Councllmember McKeown None NOES ABSENT Councllmember McKeown stated, for the record, his contmumg dISCOmfort WIth perpetuatmg a non-confomnng use wruch he feels IS mcompatIble with the downtown plan and particularly with on-gomg auto repalf next to a residentIal district 8-C An ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AME1'..TIING THE ZONING ORDINA.NCE TO ADD A DEFINITION OF 'INCIDENTAL ARTS AND ENTERTAINMENT USES' AND ESTABLISlllNG CONDITIONAL USE PERMIT AND PERMIT 5T ANDARDS FOR SUCH USES IN THE CM MAIN STREET COMMERCIAL DISTRICT," was presented On order of the Mayor, this matter was contmued to March 16, 1999 9-A Contract for purchase of Renewable Energy for City facilities- recommendatIOn to authorize the City Manager to negotIate and execute Agreement No. 7458(CC5) with Conunonwealth Energy Corporation, to purchase renewable energy fOf CIty facilitIes, and to approve a change order to Contract No 6883(CC5), m the amount of $40,000, WIth Henwood Energy Scmces for contract negotta.tlon and ImplementatIon services was presented 9 February 23, 1999 WRITTEN COMMUNI~ CA nONS: DENIAL OF BUSINESS LICENSE NEWSPAPER FOR THE HOMELESS 850 Motton by Councdmember McKeown, seconded by Councdmember I F emstem, to approve staff recommendatiOn The motlOn approved by the followmg vote AYES Councllmembers F emstem, McKeov..n, Holbrook, Mayor Pro Tern Genser. Mayor O'Connor None Councdmember Rosenstem NOES ABSENT 13-A Request of Du S. Park to address Council regarding a denied business license application. (Contmued from February 16, 1999) On order ofthe Mayor, due to the lateness of the hour, this matter was contmued to March 16, 1999 13-B Ms. Jennafer Waggoner addressed Council to announce that Making Change, the homeless newspaper, and Side by Side, a community partnership, will be distributing 10 shopping carts to the City's neediest homeless people, and requesting that Council notify the Police Department of this new program. On order of the Mayor, the Information was recelVed and filed I COUNCIL ITEMS: 14-A Appointment to one unscheduled vacancy on the Housing APPOINTMENTS - Commission for a term ending June 30, 2001. HOUSING COMMISSION Councilmember McKeown nommated Warren Malfer There bemg no other nommatlons, Mr Malfer was unarumously appomted by yoice Yote, WIth Councilmember Rosenstein absent ACCESSffiILITY APPEALS BOARD SOCIAL SERVICES COMMISSION 14-B Appointment to one unscheduled vacancy on the Accessibility Appeals Board for a term ending June 30,2001. On order of the Mayor, tins appointment was continued to April 13, 1999 14-C Appointment to one unscheduled vacancy on the Social Services Commission for a term ending June 30, 1999. (Contmued from February 9, 1999) Councilrnernber F emstem nonnnated Marganta Zepeda There bemg no other nommatlOns, Ms Zepeda was unarumously appomted to the vacancy by vOice Yote, WIth Councdmember Rosenstem absent I 10 February 23, 1999 I I I NOISE ORDINANCE 851 14-D Councilmember McKeown requested Council direct staff to research amendments to existing municipal noise ordinances, so as to afford greater protection to residents living in proximity to industrial and commercial uses. Cmi1lcllmember Holbrook was excused at ]2-00 a.m. CLOSED SESSION PUBLIC INPUT ADJOURNMENT Member of the public Chuck Allord spoke m favor of the request Motion by Councilmember McKeown.., seconded by Councilmember Feinstein, to approve request Motion unammously approved, with Councllmembers Holbrook and Rosenstem absent 16-A Request for Closed Session to accept resignation of Public Employee and discuss recruitment process. Employee Title: City Manager Motion bV Mayor O'Connor, seconded by Counctlmember Feinstein, to accept City Manager John Jalili's letter of resignation effective November 20, 1999, with great regret Motion approved by VOIce vote With Counc1lmembers Holbrook and Rosenstein absent IS PUBLIC INPUT Member of the Pubhc Pamela Vavra addressed Counell regarding landlord and rent control Issues Member of the pubhe Art Casillas spoke regardmg matters with the Police Department Member of the pubhc Bnan Hutchmgs expressed various concerns On order of the Mayor, the City CouncIl meetmg was adjourned at 12 17 am, to Mareh 16. 1999, at 6 15 pm. m memory of Randy Ahoth ATTEST ~'~~L~~ Mana M Stewart City Clerk APPROVED , ~':or- ! ~:o~'con 11 February 23, 1999