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M-11/14/2000 1389 ,..,~ CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 14, 2000 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern O'Connor at 6: 14 p.m., on Tuesday, November 14, 2000, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Ken Genser (arrived at 8:34 p.m.) Mayor Pro Tern Pam O'Connor Councilmember Richard Bloom Councilmember Michael Feinstein Councilmember Robert T. Holbrook (arrived at 7:29 p.rn.) Councilmember Kevin McKeown Councilmember Paul Rosenstein Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CLOSED SESSIONS CLOSED SESSIONS: On order of Mayor Pro Tern O'Connor, the City Council convened at 6: 14 p.rn., and then adjourned to consider closed sessions, with Mayor Genser and Councilmember Holbrook absent. Action taken on closed sessions was reported at the end of the meeting. RECONVENEIPLEDGE On order of the Mayor Pro Tern, the City Council reconvened at 7: 15 p.rn., with Mayor Genser and Councilmember Holbrook absent. Councilmember Rosenstein led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Members of the public Joy Fullmer and Chuck Allord voiced general comments on various items on the consent calendar. November 14, 2000 1390 Motion bv Councilmember Feinstein. seconded by Councilmember Bloom, to approve all items on the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmem.bers Bloom, Feinstein, McKeown, Rosenstein, Mayor Pro Tern O'Connor NOES: ABSENT: None Mayor Genser, Councilmember Holbrook MINUTES 6-A: Recommendation to approve minutes of May 30 and May 31 regular, May 31 special, and June 20, 2000, regular City Council meetings, was approved. EARTHQUAKE RESOLUTION 6-B: Earthquake Recovery Resolution - Resolution No. 9591 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. CURB AND GUTTER MACHINE 6-C: Rejection of bids for purchase of curb and gutter machine - recommendation to reject bids submitted by Terry Equipment, Inc., and Nixon-Egli Equipment Company, and direct staff to research open market for additional competitive bids, was approved. PARKING AND TRAFFIC 6-D: Purchase of Parking and Traffic Control signs - CONTROL SIGNS recommendation to award a purchase order to Zumar Industries, Inc., at specified unit prices for an estimated annual expenditure of $150,000, to purchase parking and traffic control signs for the Planning & Community Development Department, was approved. SENIOR RECREATION CENTER- IMPROVEMENTS 6-E: Senior Recreation Center Improvements Project in Palisades Park - recommendation to authorize the City Manager to negotiate and execute Agreement No. 7839 (CCS) with Pugh Scarpa Architects, in the amount of$160,000, to provide architectural services for the project, was approved. 2 November 14, 2000 1391 ELECTRONIC DOCUMENT CONVERSION LEASE OF OFFICE SPACE CEMETERY IMPROVEMENTS RECORDS RETENTION SCHEDULE 6-F: Document conversion services for electronic storage of CityOs official records - recommendation to approve a purchase order with PC Imaging, Inc., in the amount of$70,000, to convert legislative history documents to electronic format in the City Clerk's Office, was approved. 6-G: Lease for office space for City offices - recommendation to authorize the City Manager to negotiate and execute ten-year Lease Agreement No. 7840 (CCS) with Equity Office Properties Trust for office space for the City's Transportation Management/ Parking Operations and Parking Citation Hearing Offices, was approved. 6-H: Design services for Woodlawn Cemetery Mausoleum Office Addition and Electrical Repairs Project- recommendation to authorize the City Manager to negotiate and execute Contract No. 7841 (CCS) with Richard Berliner Architect, in the amount of $60,000, for design services for the project, was approved. 6-1: Resolution approving Records Retention Schedules- Recommendation to adopt Resolution No. 9592 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING NEW RECORDS RETENTION SCHEDULES FOR THE ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT AND THE RESOURCE MANAGEMENT DEPARTMENTS, AND APPROVING REVISED SCHEDULES FOR THE CITY ATTORNEY'S OFFICE, CITY CLERK'S OFFICE, CITY MANAGER'S OFFICE, AND THE FINANCE DEPARTMENT," was adopted. IMPROVEMENTS TO 6-J: Lobby and restroom area renovation project for Parking PARKING STRUCTURES Structures 1,2,3,4, and 6 - recommendation to authorize the City Manager to negotiate and execute professional services Agreement No. 7842 (CCS) with Richard Berliner Architect, in the amount of$300,000, to design the renovation project, was approved. 3 November 14,2000 1392 FREEWAY SOUNDW ALL 6-K: Construction of soundwaU on South Side of Interstate 10, CONSTRUCTION between Cloverfield Boulevard and Stewart Street - recommendation to adopt Resolution No. 9593 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING NO. 7843 (CCS) WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR RECEIPT OF GRANT FUNDING OF THE PROJECT"; to negotiate and execute Contract No. 7844 (CCS) with Wei Koo & Associate, in the amount of$115,000, to design the soundwall project; and, approve proposed budget actions, was approved. APPROVAL OF FINAL TRACT MAP BIG BLUE BUS EXPANSION MASTER PLAN ADMINISTRATIVE PROCEEDINGS MARQUIS WEST APPEAL Councilmember Holbrook arrived at 7:29 p. m. 6-L: Final Tract Map 52875 for 6-unit condominium project at 1513 9th Street, and approval of agreement for completion of public improvements - recommendation to authorize the City Manager to negotiate and execute Agreement No. 7845 (CCS) for completion of public improvements, and to adopt Resolution No. 9594 (CCS) entitled: "A RESOLUTION OF THE A CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 52875 TO SUBDIVIDE THE PROPERTY," was approved. 6-M: Contract amendment for Environmental Impact Report Professional Services for the Big Blue Bus Facility Expansion Master Plan - recommendation to authorize the City Manager to increase the City's Environmental Impact Report (EIR) Professional Services Contract No. 7444 with Terry A. Hayes Associates from $65,000 to $95,000 for the Big Blue Bus Facility Expansion Master Plan, was approved. 7-A: Recommendation to deny Marquis West's appeal of its exclusion from the Final Meritorious Sign List and recommendation to City Council regarding hearing procedures, was presented. Appellant: Marquis West Restaurant 3110 Santa Monica Boulevard. On order ofthe Mayor Pro Tern, the public hearing was opened. Members of the public Gregory P. Humphries, Denny Sachen, and Jerry Rubin spoke in support ofthe appeal. 4 November 14. 2000 1393 ORDINANCES DEVELOPMENT REVIEW THRESHOLDS Motion bv Councilmember Holbrook, to uphold the appeal. The motion died for lack of a second. Motion by Councilmember Bloom. seconded by Councilmember Feinstem, to deny the appeal. The motion was approved by the following vote: AYES: Councilmembers Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tern O'Connor Councilmember Holbrook Mayor Genser NOES: ABSENT: 8-A: Introduction and adoption of an emergency interim ordinance/or introduction and first reading of an ordinance to modify Article IX of the Santa Monica Municipal Code relating to Development Review Thresholds in the RVC Residential Visitor Commercial District, various other Commercial Districts, Ml Industrial Conservation District and LMSD Light Manufacturing and Studio District to 7,500 square feet. On order ofthe Mayor Pro Tem, the public hearing was opened. In addition to speakers heard at the meeting of October 24, the following members of the public spoke regarding the effects of the proposed ordinance: Mark Groner, Chris Harding. The public hearing was closed. On order of the Mayor Pro Tem, and with the consensus of Councilmembers present, this matter was delayed to later in the meeting to allow Mayor Genser to be present. On order of the Mayor, having arrived at 8:34 p.rn., this matter was taken up again. Staff provided a supplemental report. Motion by Councilmember McKeown. seconded by Councilmember Feinstein, to introduce and hold first reading ofthe ordinance, reading by title only and waiving further reading thereof, and including options 2 and 3 ofthe supplemental staff report, the options being: (2) exempt mixed-use projects that contain a minimum of 80% of floor area devoted to multi-family residential uses, and (2) exempt projects that contain 100% affordable housing units deed-restricted to households with incomes 80% of 5 November 14, 2000 1394 URBAN RUN OFF POLLUTION median income or less. In addition, to direct staff to work with the Bayside District on the issue of thresholds, and amending page 7 of the proposed ordinance to delete the date "December 8" and insert "45 days." The motion was approved by the following vote: AYES Councilmembers Bloom, Feinstein, McKeown, Mayor Genser Councilmembers Rosenstein, Holbrook, Mayor Pro Tern O'Connor None NOES: ABSENT: Councilmember Holbrook requested that the record reflect he voted against this motion because it will encourage larger buildings to be developed. 8-B: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 7.10 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO URBAN RUNOFF POLLUTION." Member of the public Mark Gold spoke in support of the ordinance. Joey Fullmer expressed various concerns. Motion by Councilmember McKeown. seconded by Councilmember Rosenstein, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amending with staffs recommended added language on page 8, subsection 3, as follows:. ". . . building materials and lawn and automotive care products containing. ." The motion was approved by the following vote: AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tern O'Connor NOES: ABSENT: None Mayor Genser 6 November 14,2000 1395 UTILITIES TAX 8-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.72 OF THE SANTA MONICA MUNICIPAL CODE (UTILITIES TAX) TO EXCLUDE GAS USED TO PROPEL VEmCLES FROM THE TAX." On order of the Mayor Pro Tem, the public hearing was opened. Member of the public Sharon O'Rourke spoke in support of the proposed ordinance. Quincy and Chuck Allord spoke in opposition to the proposed ordinance. Motion Bv Councilmember Rosenstein. seconded by Councilmember Feinsteill, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tern O'Connor NOES: ABSENT: None Mayor Genser PUBLIC HEARINGS 10-A: Public hearing regarding potential acquisition of site located 1930 STEWART STREET -at 1930 Stewart Street, known as Mountain View Park - ACQUISITION OF recommendation to hold a public hearing and receive public input; adopt PROPERTY Resolution No. 9595 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE MOUNTAIN VIEW MOBILE HOME PARK LOCATED AT 1930 STEWART STREET;" authorize the City Manager to negotiate and execute Purchase Agreement No. 7846 (CCS) with Ring Trading Corporation for the acquisition of said property; and approve proposed budget changes, was presented. Mayor Genser arrived at 8:34 p.m. The following members of the public spoke in favor of the recommendation: Joey Fullmer, Ken Ward, Phyllis Goff, Belva Carlson, Marcile Sullivan, Pro Se, Barbara Kessel, Randy Walburger, and Mike Hungerford. Motion bv Councilmember Rosenstein. seconded bv Mavor Pro Tern O'Connor, to adopt the resolution, reading by title only, and waiving further reading thereof The motion was approved by the following vote: 7 November 14, 2000 1396 RESOLUTIONS: PREFERENTIAL PARKING ZONE XX AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tern O'Connor, Mayor Genser NOES: ABSENT: None None Motion by Councilmember Bloom. seconded bv Mayor Pro Tern O'Connor, to approve the award of the contract and the proposed budget changes. The motion was approved by the following vote: AYES: CouncilmembersBloom, Feinstein, McKeown, Rosenstein, Mayor Pro Tern O'Connor, Mayor Genser None Councilmember Holbrook None NOES: ABSTAIN: ABSENT: City Attorney, Marsha Moutrie, included as part ofthis item a report, and Council voted on action taken for closed session item 16-B, below. Mayor Genser being present, the City Council returned to complete action on item 8-A. 12-A: Adoption of Resolution No. 9596 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING PREFERENTIAL PARKING ZONE "XX" TO INCLUDE 9TH, 10TH, nTH, 12TH, AND EUCLID STREETS BETWEEN WILSHIRE BOULEVARD AND COLORADO A VENUE; AND ARIZONA AVENUE BETWEEN LINCOLN BOULEVARD AND 14TH STREET"; and approval of proposed budget adjustments, was presented. The public hearing was opened. The following members of the public spoke in support of the recommendation: Emil Cantalupo, Ann Savage, Annette Levy, Debbie Mahdessian, Ted Catanzaro, Janina Krupa, Paulo Vianna, Vincent Staraci, Susan Oldfield, David Brown, Tammy Long, Susan Suntill, Richard Teisan" Michael Gantman, Chuck Allord, and Carissa Drucker. The following members of the public spoke in opposition to the recommendation: Warren Berman, Mark Harding, Tom Hazard, John Gartman,. Robert Horton, Daniel Lehrer, Cindy Wasson, Kristin Perkl, Chris Harding, Ken Kutcher, Donna Block, and David Shender. 8 November 14, 2000 1397 Councilmember Holbrook was excused at 12:42 a.m. WRITfEN COMMUNICATIONS: OVERNIGHT PARKING PERMITS Motion by Councilmember McKeown. seconded by Councilmember Feinstein. to continue past 11 :00 p.m. The motion was approved by voice vote, with Councilmembers Rosenstein and Holbrook voting in opposition. Motion by Councilmember Bloom. seconded by Mayor Genser, to approve budget adjustments and adopt resolution, amended to change preferential parking to the hours between 7:00 a.m. and 2:00 a.m. Motion to amend by Mayor Genser, to allow for neighborhood input as to when staff is considering making decisions regarding business permits. Motion accepted as friendly. Motion to amend by Councilmember Bloom, that staffbe proactive in notifYing residents if various concepts and options available. Motion accepted as friendly. Motion to amend by Councilmember Feinstein. to make it clear that angle parking is an available option. Motion accepted as friendly. Motion to amend by Councilmember Feinsteill, to reduce to 60 days the business permit survey proposed by staff The motion was accepted as friendly by the maker, but not by the seconder of the main motion. The motion to amend died due to lack of a second. Motion to amend by Councilmember Rosensteill, that signs not be installed for six months and to direct staff to work with community to find and implement as many solutions as possible before the signs are installed. The motion died due to lack of a second. The main motion, as amended, was approved by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, Mayor Pro Tern O'Connor, Mayor Genser Councilmember Rosenstein Councilmember Holbrook NOES: ABSENT: 13-A: Request of Adrian Johnson to address Council regarding obtaining overnight parking permits at the beach parking lots. Mr. Johnson was not present to address Council. On order of the Mayor, the information was received and filed. 9 November 14,2000 1398 ADA/AFFIRMATIVE ACTION 13-B: Request of Kelly Landis to address Council requesting a review, discussion and revision of ADA/Affirmative Action policies and programs relating to City employment for the disabled, was presented. Mayor Genser was excused at 12:55 a.m. Mayor Genser was excused. Mayor Pro Tern O'Connor assumed the seat of Mayor and opened the public hearing. Members of the public Carol Snider and Jerry Rubin spoke in support of the request. COUNCILMEMBER ITEMS: COMMISSION ON OLDER AMERICANS LANDMARKS COMMISSION PIER RESTORATION CORPORATION There was no formal action taken on this item. On order of the Mayor Pro Tern, the information was received and filed. 14-A: Appointment to two unscheduled vacancies on the Commission on Older Americans. One for a term ending June 30, 2003 (continued from October 24, 2000) and one for a term ending June 30, 2001. On order of the Mayor Pro Tern, the floor was opened for nominations. Councilmember Bloom nominated Lisa Janti for a term ending June 30, 2003. Ms. Janti was appointed by acclamation, with Councilmember Holbrook and Mayor Genser absent. CounciImember Bloom nominated Ed Musika for a term ending June 30, 2001. Mr. Musika was appointed by acclamation, with Councilmember Holbrook and Mayor Genser absent. 14-B: Appointment to one unscheduled vacancy on the Landmarks Commission for a term ending June 30, 2002. On order ofthe Mayor Pro Tern, this matter was continued to November 28,2000. 14-C: Appointments to two full terms on the Pier Restoration Corporation for terms ending November 10, 2004. On order of the Mayor Pro Tern, the floor was opened for nominations. Councilmember McKeown, on behalf of Mayor Genser, nominated Ellen Brennan for a term ending November 10, 2004. Ms. Brennan was appointed by acclamation, with Councilmember Holbrook and Mayor Genser absent. 10 November 14, 2000 . "," ...'.- ~".' ., __.'~i"~t ..iI~~ 1399 ARTS COMMISSION ELECTRIC POWER PUBLIC INPUT: On order of the Mayor Pro Tern, the second vacancy was continued to November 28,2000. 14-D: Appointment to one unscheduled vacancy on the Arts Commission for a term ending June 30, 2002. On order of the Mayor Pro Tern, the floor was opened for nominations. Councilmember McKeown nominated Harriet Beck for a term ending June 30, 2002. Ms. Beck was appointed by acclamation, with Councilmember Holbrook and Mayor Genser absent. It was the consensus of Council to combine items 14-E and 14-F 14-E: Request of Councilmember McKeown that staff research recommendations to Council on how a more stable electric power system can be effectuated for the welfare and safety of residents and local institutions and businesses. 14-F: Request of Councilmember Rosenstein to authorize staff to take aggressive action to insure reliable electrical power service to Santa Monica residents and businesses. Steps taken may include: pursuing a rate decrease and opposing Edison's current rate increase proposal; monetary claims against Edison for damages from power failures; and, legal action and requests for assistance from the Public Utilities Commission. Motion by Counci1member Rosenstein. seconded by Councilmember McKeo}Y!!, to approve request. Motion to amend by Councilmember Bloom, to direct staff to provide a contact person for public input. The motion was accepted as friendly. The main motion. as amended, as unanimously approved by voice vote, with Councilmember Holbrook and Mayor Genser absent. The following members of the public spoke: Carol Snider congratulated newly-elected Councilmembers; Joseph Natali expressed concerns regarding the Pier Restoration Corporation; Darlene McNama discussed landlord-tenant issues; Art Casillas expressed concerns regarding the Police Department; Chuck Allord spoke in opposition to allowing speakers to speak out of order; Glenn Lingle spoke in support of water fluoridation. 1 November 14, 2000 1400 CLOSED SESSIONS: l6-A Conference with Legal Counsel- Existing Litigation: Dou~las Heller. et al. v. Citv of Santa Monica. et al., Case No. SS 009558. ACTION: Heard. No reportable action taken. l6-B Conference with Legal Counsel- Existing Litigation: RinS!: TradinS!: Corp. v. City of Santa Monica. Case No. BC 172 044 {consolidated with Mountain View Mobile Inn Residents Association. Inc. v. Citv of Santa Monica. et at, Case No. SC 052 672. Motion by Councilmember McKeown. seconded by Councilmember Bloom, to approve Settlement Agreement No. 7868 (CCS) as follows: City to purchase Mountain View Mobile Inn and 36 coaches for $6,657,000 (plus transaction costs); no deed restriction to be imposed by Ring Trading; Escrow to close no later than 3 business days from execution of purchase agreement; City to continue operating land:fill gas extraction system; Ring Trading and City shall exchange mutual releases of liability; City will defend and indemnify Ring from lawsuits brought by tenants; Ring will fix identified code violations and City will contribute $200,000 towards repairs and upgrades; appropriate $95,000 from General Fund Account No. C01099201.589000-720-262, which is to be paid to Ring Trading Corporation in settlement of the lawsuit and in partial consideration for the sale ofthe mobile home park. (Also see action taken on 10- A.) The motion was approved by the following vote: AYES: Councilmembers Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tern O'Connor, Mayor Genser NOES: None ABSENT: ABSTAIN: None Councilmember Holbrook l6-C: Conference with Legal Counsel- Existing Litigation: Rav Hart v. Citv of Santa Monica, Case No. SC 058 435. ACTION Not heard. 12 November 14, 2000 1401 Conference with Legal Counsel - Existing Litigation: City of Santa Monica V. Shell Oil Company. et at, Case No. 313004. ACTION: Not heard. Conference with Legal Counsel- Existing Litigation: u- , . Haul Com{)anv: et al.. v. City of Santa Monica, Case No. CV 00-10225 NM (Rzx) ACTION: Not heard. 16-F: Conference with Legal Counsel- Existing Litigation: David Levy. et at. v. City of Santa Monica, Case No. SC 063147. ACTION: Heard. No reportable action taken. 16-G: Conference with Legal Counsel - Existing Litigation: James Bell v. City of Santa Monica, Case No. BC 052215. ACTION: Not heard. Conference with Legal Counsel - Claim against the City of Santa Monica: Claim No. CSM 00-0820 - Alice Fellows. ACTION: Not heard. Conference with Legal Counsel - Claim against the City of Santa Monica: Claim No. CSM 00-0822 - Sleep 'n Aire. ACTION: Not heard. 13 November 14, 2000 1402 ADJOURNMENT On order of the Mayor Pro Tern, the regular meeting of the City Council was adjourned at 1 :45 a.m., to November 28, 2000, in memory of La Verne King Weaver, Glen Richard Marsden and Dr. William Coleman. ATT~ ~ ,.:..~. ~. ~...~~ MariaM. Stewart ~-- City Clerk 14 November 14, 2000