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M-2/13/2001 (2) CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 13, 2001 A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:15 p.m., on Tuesday, February 13, 2001, at City Council Chambers, 1685 Main Street. Roll Call: Present: Absent: Mayor Michael Feinstein Mayor Pro Tern Richard Bloom Councilmember Pam O'Connor Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Ken Genser (arrived at 5:23 p.m.) Councilmember Herb Katz Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE MEETING - PLEDGE CONSENT CALENDAR: MINUTES On order of the Mayor, the City Council convened to its regular meeting at 5:15 p.m. with Councilmembers Genser and Katz absent. Mayor Pro Tern Bloom led the assemblage in the Pledge of Allegiance. The following members of the public commented on the Consent Calendar: Joey Fullmer expressed concerns regarding Item I-D; Chuck Allord commented on Items I-G and I-M. Motion bv Councilmember O'Connor. seconded by Councilmember McKeown. to approve all items, on the Consent Calendar as presented, reading resolutions and ordinance by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Co~cilmembers McKeown, O'Connor, Holbrook, Mayor Pro Tern Bloom, and Mayor Feinstein None Councilmembers Genser and Katz NOES: ABSENT: I-A: The minutes of September 19,2000 and October 3,2000, City Council meetings, were approved as submitted. 1 February 13, 2001 EARTHQUAKE RECOVERY RESOLUTION 415 PCH CITY INVESTMENT POLICY SEWER PROJECT 7 1513 - 1517 BERKELEY FINAL TRACT MAP PLAN REVIEW SERVICES SALES TAX AUDIT AND INFORMATION I-B: Earthquake Recovery Resolution - Resolution No. 9615 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CONTINUING EXISTENCE OF A LOCAL EMERGENCY (January 1994 Earthquake Damage)", was adopted. l-C: Environmental Impact Report for the 415 Pacific Coast Highway Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 7882 (CCS) with Rincon Consultants, Inc., in the amount of$127,162, for preparation ofan Environmental Impact Report for the 415 Pacific Coast Highway Project, was approved. I-D: Revise City Investment Policy - recommendation to revise the City Investment Policy and continue delegation of investment authority to City Revenue Manager/Treasurer, was approved. l-E: Construction Management Services for Sewer Project 7 - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7464 (CCS) with Harris and Associates, in the amount of$21,520, for construction management and inspection of the Sewer Project, was approved. I-F: Final Tract Map for a 10-Unit condominium project at 1513-1517 Berkeley - recommendation to authorize the City Manager to negotiate and execute Contract No. 7883 (CCS) for completion of public improvements, and Resolution No. 9606 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A SUBDIVISION MAP FOR TRACT NO. 52361 TO SUBDIVIDE THE PROPERTY", was approved. I-G: Contract amendment for plan review services for the Building and Safety Division - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7561 (CCS) with Esgil Corporation, in the amount of $130,000 for a total of $260,000, to provide additional plan review services for the Building & Safety Division, was approved. I-H: Sales tax audit and information reporting services - recommendation to authorize the City Manager to negotiate and execute Professional Services Contract No. 7884 (CCS) with The HdL Companies to conduct sales tax auditing and information services, in the amount of $9,000 annually, was approved. 2 February 13,2001 STAKE BED TRUCKS DUMP COLLECTION VEmCLE I-I: Award bid for two stake bed trucks - recommendation to award Bid No. 2822 to Maurice 1. Sopp & Son, in the amount of$102,837.50, to furnish and deliver two stake bed trucks for the Solid Waste Management Division and Water Division, Environmental & Public Works Management Department, was approved. 1-J: Award bid for one Dump Collection Vehicle - recommendation to award Bid No. 2821 to LA Freightliner, in the amount of$115,611.00, to furnish and deliver one 4x2 8-yard dump collection vehicle for the Street Maintenance Division, Environmental & Public Works Management, was approved. CITY TRANSIT l-K: Lease for warehouse space for City's Transit Services - SERVICES WAREHOUSE recommendation to authorize the City Manager to negotiate and execute SPACE Contract No. 7885 (CCS), a five-year lease with Wells Fargo Bank, N.A., in the amount of $266,400 per year, for warehouse space for the Santa Monica Big Blue Bus Department, was approved. INTERNSHIPS FOR STUDENTS CONFLICT OF INTEREST CODE HAZARDOUS WASTE GRANT FUND l-L: Internship opportunities for students - recommendation to authorize the City Manager to execute Contract No. 7886 (CCS), an agreement with the Regents of the University of California so that the City's Fire Department may provide internships to trainees from the UCLA Center for Prehospital Care-Daniel Freeman Hospital Paramedic Education Program, was approved. I-M: Resolution No. 9617 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NO. 9489(CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS REQUIRED TO FILE STATEMENTS OF ECONOMIC INTEREST", was adopted. I-N: Resolution to submit and execute used oil recycling and household hazardous waste grant fund applications - Resolution No. 9618 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE USED OIL RECYCLING AND HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD", was adopted. 3 February 13, 2001 ENERGY CONSERVATION CLOSED SESSIONS 1-0: Resolution on Energy Conservation - Resolution No. 9619 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AFFIRMING THE CITY'S COMMITMENT TO ENERGY CONSERVATION," was adopted. CLOSED SESSIONS: On order of the Mayor, the City Council adjourned to consider closed sessions at 5:22 p.rn, and reconvened at 6:55 p.m., with Councilmember Katz absent. Action taken on closed sessions was reported at the end of the meeting. CONTINUED ITEMS: 5-A: Resolution amending Preferential Parking Zone IT and creating PREFERENTIAL Preferential Parking Zone YY - recommendation to adopt a resolution PARKING ZONE TT AND amending Preferential Parking Zone TT on 20th, 21 st, 22nd, 23rd, 24th Streets, YY Chelsea Avenue, and 25th Street between Wilshire Boulevard and Washington Avenue; and California and Washington Avenues between 20th and 26th Streets; creating Preferential Parking Zone YY in 26th and Princeton Streets and Harvard and Yale Streets; Arizona Avenue between 26th and Yale Streets; and Washington Avenue between 26th and Stanford Streets; approval of proposed budget revenue adjustment; and, amending City Council Resolution 9344(CCS). On order of the Mayor, this item was opened for public comment. Members of the public Joey Fullmer, Bob Gabriel, and Lawrence Brown provided suggestions for rectifying the parking problems; Betty S. Mueller expressed concern regarding Zone TT; members of the public Chris Armenta, Steve Moore, Stuart Shakman, Chuck Allord, Ron Cohen, Nadia Shabaik, Janet Kaplan, John Sheehan, Pat Wilson, Zelia Mellica, Marty Kaplan, Rae Peronneau, Sabine Schlosser, John Cobus, Art Lowry, Joan Charles, Kelly Ocean, Stephen Kania, Amani Abazarnzam, Mark Lasser, Lauren Swedlaff, and Nina Sharafi addressed the Council in opposition to the proposal; Mark Rothschild, Steve Litvak, Mark Harding, Valerie Layton, and Quincy expressed various concerns regarding the proposal; Members ofthe public Jim Stebinger, Bob Seldon, Ralph Lux, and Lu Artz indicated support for the proposal. Member of the public Deborah Davis spoke in support of the proposal. Member of the public Hal Neiman suggested further study be conducted on parking. Members of the public Annie Garcelon and Jorge Murillo indicated opposition to the proposal. Councilmember Holbrook advised he had a conflict of interest with Preferential Parking Zone YY and, at his request, discussion on the two parking zones was bifurcated. 4 February 13. 2001 Discussion ensued on Parking Zone TT and staff answered questions from Council. MOTION FOR PARKING Motion by Councilmember Genser. seconded by Mayor Pro Tem Bloom. to ZONE TT adopt Resolution No. 9620 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING PARKING ZONE TT AND AMENDING CITY COUNCIL RESOLUTION 9344 (CCS)," leaving existing restrictions in place, and to table the issue of employee parking pending the outcome of a Citywide policy after the conclusion of experiments. Councilmember Holbrook was excused at 10: 15 p. m. Substitute motion by Councilmember O'Connor. seconded by Councilmember Holbrook. to not pursue the business permits in Zone TT but adopt the resolution as submitted by staff, reading by title only and waiving further reading thereof. The substitute motion was approved by the following vote: AYES: Councilmembers Holbrook, McKeown, O'Connor and Mayor Feinstein Councilmember Genser and Mayor Pro Tem Bloom Councilmember Katz NOES: ABSENT: Councilmember Genser indicated he voted against the motion due to the precedent that would be set. Mayor Pro Tem Bloom indicated he voted against the motion for the reasons stated by Councilmember Genser. Motion by Councilmember Holbrook. seconded by Mayor Feinsteffi, to direct staff to explore a citywide policy for business parking permits. The motion was unanimously approved by voice vote, with Councilmember Katz absent. Motion by Councilmember Holbrook, to direct staff to implement a plan to enforce the parking regulations in the preferential zones. The motion died due to lack ofa second. Councilmember Holbrook advised he was recusing himself from discussion on Zone YY due to the conflict of interest mentioned earlier. 5 February 13, 2001 MOTION ON PARKING WNE YY RECESS ORDINANCES: DEVELOPMENT REVIEW THRESHOLDS Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom, to adopt Resolution 9629 (CCS) entitled: "A RESOLUTION OF THE CITY F OF SANTA MONICA CREATING PREFERENTIAL PARKING ZONE YY AND AMENDING Resolution 9344 (CCS)," with the same hours, and with no parking without a permit. After discussion on the effects of the motion, and receiving information from staff, the motion was withdrawn. Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom, to adopt the above resolution creating Preferential Parking Zone YY with no business parking permits in the zone, and no parking without a permit on 26th Street through Yale between Santa Monica Boulevard and Arizona, and on Arizona between 26th Street and Yale, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: COWlcilmembers Genser, McKeown, Mayor Pro Tern Bloom, Mayor Feinstein COWlcilmember O'Connor COWlcilmembers Holbrook and Katz NOES: ABSENT: COWlcilmember O'Connor stated she voted in opposition to the motion because she felt that the City was privatizing a public resource. On order of the Mayor, the City COWlcil recessed at 10:45 p.m. and reconvened at 10:55 p.m., with all members present except COWlcilmembers Holbrook and Katz. 7-A: Second reading and adoption of Ordinance No. 1999 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO THE DEVELOPMENT REVIEW THRESHOLDS IN THE FOLLOWING DISTRICTS: RVC RESIDENTIAL VISITOR COMMERCIAL DISTRICT; BCD BROADWAY COMMERCIAL DISTRICT; C2 NEIGHBORHOOD COMMERCIAL DISTRICT; C4 IDGHWAY COMMERCIAL DISTRICT; C5 SPECIAL OFFICE COMMERCIAL DISTRICT; C6 BOULEVARD COMMERCIAL DISTRICT; CM MAIN STREET COMMERCIAL DISTRICT; CP COMMERCIAL PROFESSIONAL DISTRICT; Ml INDUSTRIAL CONSERVATION DISTRICT; AND, LMSD LIGHT MANUFACTURING AND STUDIO DISTRICT, TO 7500 SQUARE FEET." was presented. 6 February 13. 2001 TIME-LIMITED PARKING WNES STAFF ADMIN. ITEMS: SANTA MONICA PIER Motion bv Councilmember McKeown. seconded bv Mayor Feinstein. to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, Mayor Pro Tern Bloom and Mayor Feinstein Councilmember O'Connor Councilmembers Holbrook and Katz NOES: ABSENT: 7-B: Introduction and first reading of an ordinance requiring the removal of vehicles from time-limited parking zones, within the posted time limits, and amending the Santa Monica Municipal Code, was presented. On order of the Mayor, the public hearing was opened. Members of the public Chuck Allord and Robert Seldon expressed concerns regarding the ordinance. On order of the Mayor, and at the request of staff, the public hearing was closed and the matter was continued to a future meeting to allow the Police Department to provide information to the Council. 8-A: Approve Leasing Guidelines for Santa Monica Pier - recommendation to approve the proposed leasing guidelines of City Property on the Santa Monica Pier for Fiscal Year 2000-01. Members of the public David Genwood, Naia Sheffield, Joseph Natoli, and Quincy discussed the leasing guidelines and expressed various concerns. Motion by Councilmember Genser. seconded by Councilmember O'Connor, to approve the staff recommended guidelines, to run with the time period for the next work plan through FY 2002 and will then be renewed with the workplan annually; include a statement that in responding to a proposal for a new lease, the history and operating performance be considered as criteria for evaluating the proposals; and that prospectively, no tenant be granted more than one leasehold for the purpose of maximizing diversity. The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmembers Holbrook and Katz NOES: ABSENT: 7 February 13, 2001 COUNCIL ITEMS: PIER RESTORATION CORPORATION PIER RESTORATION CORPORATION WASHINGTON AVENUE AND 26TH STREET 13-A: Appointment to one full term on the Pier Restoration Corporation for term ending November 10, 2004. On order of the Mayor, this matter was continued to February 27,2001 13-B: Appointments to the Pier Restoration Corporation - Appointments to the following terms on the Pier Restoration Corporation: One appointment for a term ending November 2001; three appointments for terms ending November 2002; three appointments for terms ending November 2003; and 2 appointments for terms ending November 2005, as recommended by the Pier Restoration Corporation. Motion bv Councilmember Genser. seconded by Councilmember O'Connor, to approve the recommendations of Pier Restoration Corporation as follows: Glenn Friedman appointed to a term ending 1/13/01 Abby Arnold, Michael Klein and Natividad Vazquez appointed to terms ending 11/12/02; Jonathan Gross, Jean McNeil-Wyner and ,inda Sullivan appointed to terms ending 11/11/03; Eileen Brennan appointed to term ending 1/09/04; On order of the Mayor, and with consensus of Council, one vacancy for a term ending 11/09/04 to return to Council at a future meeting; and two vacancies for terms ending 11/08/05 to return to Council pending incwnbents' resignations. 13-C: Request of Councilmembers Genser and McKeown that Council direct staff to accelerate the planning and implementation of crosswalk and pedestrian safety improvements for the intersection of Washington Avenue and 26th Street, was presented. The following members of the public addressed the Council in support of the proposal: Bob Seldon, Melanie Gironda, Pallia Goldman, Stacy Abarbanel, and Alisa Stewart. 8 February 13. 2001 Motion by Councilmember McKeown. seconded by Councilmember Genser, to direct staff to accelerate the planning and implementation of crosswalk and pedestrian safety improvements for the intersection of Washington Avenue and 26th Street into Phase 2. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent. STANTON MACDONALD 13-D: Request of Councilmember Genser that Council direct staff to WRIGHT MURAL explore the possibilities of incorporating the entire Stanton MacDonald Wright mural that was in the former Santa Monica library at 5th Street and Santa Monica Boulevard in the proposed expansion of the existing main library, was presented. Member of the public Roger Genser spoke in support of the request. Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom. to direct staff to explore the possibilities of incorporating the entire Stanton MacDonald Wright mural that was in the former Santa Monica library at 5th Street and Santa Monica Boulevard in the proposed expansion ofthe existing main library. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent. PUBLIC INPUT: Member of the public Art Casillas discussed public participation in City government. Member of the public Quincy spoke regarding Abraham Lincoln's birthday. Member ofthe public Joan Miller reported progress on a citation given to her landlord requiring permits and repairs and discussed Code Enforcement. CLOSED SESSIONS: On the order of the Mayor, the City Council recessed to Closed Session at 12:30 a.m., and reconvened at 1:15 a.m., to report the following with Councilmembers Holbrook and Katz absent. Conference with Legal Counsel - Existing Litigation: Jose Ramos v. City of Santa Monica, Case No. SC 057 863. AC 'ION Heard. No reportable action taken, Conference with Legal Counsel - Existing Litigation: Sue Schuerman v. City of Santa Monica, Case No. SC 061 015, Motion by Councilmember Genser. seconded by Councilmember O'Connor, to approve settlement in the amount of $70,000.00. The motion was approved by the following vote: 9 February 13, 2001 AYES: NOES: ABSENT: Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmembers Katz, Holbrook Conference with Legal Counsel - Existing Litigation: Lupe Arzola v. Citv of Santa Monica, Case No. SC 053 364. Motion by Mayor Pro Tern Bloom. seconded bv Councilmember O'Connor, to approve settlement in the amount of$54,742.00. The motion was approved by the following vote: AYES: NOES: ABSENT: ACTION: Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tem Bloom, Mayor Feinstein None Councilmembers Katz, Holbrook Conference with Legal Counsel - Existing Litigation: Citv of Santa Monica v. Shell Oil Co., Case No. 313004. Heard. No reportable action taken. Conference with Legal Counsel - Existing Litigation: Southern California Water Company v. Citv of Santa Monica, Case No. SC 064 682. ACTION: Heard. No reportable action taken. 2-F: Conference with Legal Counsel - Existing Litigation: Foodmaker. Inc. v. City of Santa Monica, Case No. SS 007 078. ACTION: Heard. No reportable action taken. Conference with Legal Counsel - Anticipated Litigation. Number of cases: Four. ACTION: Two cases heard. No reportable action taken on one case. The following action was taken on the second case: Motion bv Councilmember O'Connor. seconded by Councilmember McKeo~ to approved settlement for Alice Fellows in the amount of $21,269.95. The motion was approved by the following vote: 10 February 13,2001 ADJOURNMENT AYES: CounciImembers O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein None CouncilinembersKatz,Holbrook NOES: ABSENT: On order of the Mayor, the meeting was adjourned at 1 :30 a.m., in memory ofDiedre O'Donahue. ATTEST: \1 'a~' r'~~ Maria M. Stewart City Clerk APPROVED:. # '--/....- ~ .~ . . Michael F emstein Mayor 11 February 13,2001