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M-2/12/2002 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 12, 2002 A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:49 p.m., on Tuesday, February 12,2002, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Michael Feinstein Mayor Pro Tern Kevin McKeown Councilmember Ken Genser (arrived at 6:10 p.m.) Councilmember Robert T. Holbrook Councilmember Herb Katz Councilmember Richard Bloom Councilmember Pam O'Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:49 p.m., with Councilmember Genser absent. Councilmember O'Connor led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Joy Fullmer expressed various concerns. Members of the public Bernard Kamine and Aaron Heirshberg spoke in opposition to Item I-A. At the request of Mayor Feinstein, Items I-A and l-C were removed from the Consent Calendar, and asked that they be considered after the closed sessions. February 12, 2002 WATER MAIN REPLACEMENT MUNICIPAL POOL JACK-IN-THE-BOX CRESCENT BAY PARK PERGOLA PROPOSITION 40 Motion by Councilmember Katz. seconded by Councilmember Bloom, to approve all items on the Consent Calendar as presented except for Items 1- A and l-C, reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: Councilmembers Katz, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein NOES: None ABSENT: Councilmember Genser . i:;~ ~,I t! 1-B: Water main replacement project - recommendation to authoriz~ the City Manager to negotiate and execute an amendment to Contract No. 7965 (CCS) with Williams Supply Co., Inc., in the amount of$275,000, for construction of a replacement water main along Ocean Avenue from Colorado Boulevard to Pico Boulevard, an amendment to Contradt No. 7966 (CCS) with DMR Team, in the amount of $25,000, for construction management services; and approval of a $300,000 appropriatio~ was approved. J .:(iif~ 1-D: Municipal Pool Project - Recommendation to aui~91ize the City Manager to execute a contract amendment to Contract No. .7978 (CCS) with Swinerton Builders, in the amount of$842,585 for a total of $7,692,585, for contingency purposes related to the Municipal Pool Project, was approved. J 1-E: Certification of Statement of Official Action for Jack-in-the-Box - recommendation to approve the Statement of Official Action taken relating to the appeal of a conditional use permit for the restaurant located at 2423 Wilshire Boulevard, was approved. 1- F: Restoration of Crescent Bay Park Pergola - recommendation to authorize the City Manager to negotiate and execute a modification to Contract No. 8011 (CCS)with Dynamic General Contractors, in the amount of$100,000, for seismic retrofit of the Crescent Bay Park Pergola, and approve the proposed transfer offunds, was approved. 1-G: Resolution No. 974,3 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CITY'S SUPPORT FOR THE PASSAGE OF PROPOSITION 40, THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT OF 2002," was adopted. 2 February 12, 2002 APPIAN WAY RETAINING WALL CLOSED SESSIONS: Councilmember Genser arrived at 6: lOp. m. I-H: Appian Way Retaining Wall Project - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7994 (CCS) with KEC Engineering, in the amount of $248,500, for completion of the project, and approval of recommended appropriation, was approved. On order of the Mayor, the City Council recessed at 5:55 p.m., and reconvened at 6:55 p.m., with all members present, to report the following: 2-A: Conference with Legal Counsel- Existing Litigation: Parvaneh Rahnama v. City of Santa Monica, Case No. SC 062 679. ACTION: Not heard, 2-B: Conference with Legal Counsel- Existing Litigation: Southerll California Water Company v. Citv of Santa Monica, Case No. SC 064 682. ACTION: Not heard. 2-C: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC04331. ACTION Not heard. 2-D: Conference with Legal Counsel- Existing Litigation: David Levy et al.. v. Citv of Santa Monica, Case No. SC 063 147. ACTION: Not heard, 2-E: Conference with Legal Counsel- Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SS 067 899. ACTION: Heard. No reportable action taken. 2-F: Conference with Legal Counsel- Existing Litigation: Andy and Rachel Goldbe'1! v. Santa Monica Pbmline:Commission. et aI., Case No. SS 01Q.548. ACTION Heard. 3 February 12, 2002 RIVIERA RESERVOIR (CONTINUED) 2-G: Conference with Legal Counsel- Existing Litigation: Pico Neit:hborhood Assn v. City of Santa Monica, Case No. SC 063 874. ACTION: No reportable action taken. Claim No. ASM 01-1520 against the City of Santa Monica. Claimant: Raymond Hyrny. ACTION: Not heard. Conference with Legal Counsel - Anticipated Litigation. N umber of cases: Four. ACTION: Heard. No reportable action taken. I-A: Riviera Reservoir Rehabilitation Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8068 (CCS) with Spiess Construction Company, in the amount of$877,750, for the construction of the Riviera Reservoir Rehabilitation Project, and approve appropriation of funds, as proposed, was presented. The Mayor asked staff to reply to concerns expressed regarding this item during public comment. Staff provided information on bids and on the data gathered on previous projects completed by the bidders. On order ofthe Mayor, this item was continued to later in the meeting to allow staff time to provide additional details on the date gathered regarding the quality of bidders' finished projects. On order of the Mayor, at 9:06 p.m., the City Council returned to take action on this item upon receipt of requested information from staff Motion bv Councilmember Bloom. seconded bv Councilmember Genser, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein None None NOES: ABSENT: 4 February 12. 2002 INVESTMENT POLICY (CONTINUED) l-C: City Investment Policy - recommendation to approve revision to City Investment Policy and continue delegation of investment authority to City Revenue Manager/Treasurer, was presented. Mayor Feinstein advised that he wanted to add to the motion to approve as follows: Motion by Mayor Feinstein. seconded by Councihnember Katz, to approve recommendation, and to direct staff to evaluate ways to facilitate a portion of the "Local Agency Investment Fund" to be directed to Santa Monica to stimulate socially responsible projects. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein None None NOES: ABSENT: ADMIN. PROCEEDINGS: 6-A: Appeals to Planning Commission's denial of permits related to APPEAL -MAIN STREET two mixed-use projects at 2012-2024 and 2021-2029 Main Street and MIXED USED PROJECTS recommendation to certify the related final environmental impact report - recommendation to adopt Resolution 9744 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TWO PROPOSED MIXED-USE PROJECTS;" deny the appeals and uphold the Planning Commission's denial of Development Review and Conditional Use Permits, and denial of Vesting Tentativ\ Parcel Map for both projects; and deny Text Amendment 99-010 for the project located at 2012-2024 Main Street, was presented. Christopher Harding representing applicant Howard Jacobs, as well as Mr. Jacobs, spoke in support of the project. The following members ofthe public spoke in support ofthe project: Joey Fulhner, John Garronchea, Hall Parlar, Marion Fond Banandi, Scott Tapp, Paul Pearson, Jerry Rubin, Gary Gordon, Jenna Caden, Ralph Mechur, Jeff Seinstein, Mike Gruning, Suzanne Caplan. Members of the public Kathleen Masser and Arthur Harris spoke in opposition to the project. Member ofthe public Rick Laudati addressed various issues relative to the project. 5 February 12,2002 Applicant Jacobs and Mr. Harding provided a rebuttal to comments made during the hearing. On order ofthe Mayor, the public hearing was closed. Considerable discussion ensued on the merits of the project and on the comments made by members of the public. Motion by Councilmember Katz. seconded by Councilmember Holbrook, to adopt the resolution certifying the final environmental impact report, reading by title only, and waiving further reading thereof. The motion was adopted by the following vote: AYES. Councilmembers Holbrook, O'Connor, Katz, Mayor Feinstein Councilmembers Bloom, Genser, Mayor Pro Tern McKeown None NOES: ABSENT: Additional discussion ensued on the modifications made to the project after the Planning Commission action, on possible additional modifications, on the benefits of the project to the area, and on possible additional analyses needed. Applicant Howard Jacobs, stated for the record, that the application was hereby being amended and entered into the record to reflect the proposals submitted to staff and Council, including assistance for affordable housing to offer two on-site affordable units, in addition to paying the full in-lieu fee required. Motion by Mayor Feinstein. seconded by Councilmember Katz, to direct staff to prepare appropriate documentation, including findings, necessary to approve the project. Motion to amend by Councilmember Genser, to indicate as part of the motion the City Council's intent to approve the project. The motion was amended as friendly. Motion to amend by Councilmember Genser, that the project be redesigned to increase permeability to the facade on Main Street. The motion was not friendly, and there was no second to the motion. 6 February 12,2002 ORDINANCES: CANDIDATES FOR ELECTED OFFICE VIRGINIA AVENUE PARK EXPANSION The main motion, as amended, was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 7-A Second reading and adoption of Ordinance No. 2033 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING REQUIREMENT FOR DISTRIBUTION OF INFORMATION SHEET FOR CANDIDATES FOR ELECTED OFFICE," was presented. Motion by Mayor Feinstein. seconded by Mayor Pro Tern McKeo~ to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the followin~vote: AYES: Councilmembers Katz, Genser, Bloom, O'Cc)lnlor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 7-B. Second reading and adoption of Ordinance No. 2034f(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING THE OFFICIAL DISTRICT~G MAP,TOJ~EZONE 2101 PICO BOULEVARD FROM;,ijIQHW A Y, C6~RC);\L "DiS;rRICT, LOW DENSITY MULTIPLE RESIDENtIAL D'IsrRtC'T,' AND LOW DENSITY MULTIPLE RESIDENTIAL WITH AN OFF-STREET PARKING OVERLAY DISTRICT, TO DESIGNATED PARKS DISTRICT; TO REZONE 2115 PI CO BOULEVARD FROM HIGHWAY COMMERCIAL DISTRICT TO DESIGNATED PARKS DISTRICT; TO REZONE 2121 PICO BOULEVARD FROM HIGHWAY COMMERCIAL DISTRICT TO DESIGNATED PaRKS; AND TO REZONE 2233 PICa BOULEVARD FROM HIGHWAY COMMERCIAL DISTRICT TO DESIGNATED PARKS DISTRICT," was presented. Motion by Councilmember Genser.seconded by Councilmember O'Connor, to adopt the ordinance, reading.by4itle only and waiving further reading thereof. The motion was approved by the following vote: 7 February 12, 2002 MONTANA A VENUE HAZARDOUS VISUAL OBSTRUCTIONS AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 7-C: Introduction and adoption oflnterim Ordinance No. 2035 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS, USES SUBJECT TO A PERFORMANCE STANDARDS PERMIT AND A USE PERMIT, PROHIBITED USES AND THE DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2 NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA AVENUE AND MODIFYING THE PERMITTED USES ON MONTANA AVENUE TO INCLUDE EXISTING CINEMAS AND THE MAXIMUM FLOOR AREA RATIO FOR CINEMAS FOR AN ADDITIONAL 24 MONTHS; AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented. There was no one present for public comment. Motion by Mayor Pro Tern McKeown. seconded bv Councilmember Katz, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 7-D: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE CHAPTER 9 REGARDING HAZARDOUS VISUAL OBSTRUCTIONS ADJACENT TO VEHICLE AND PEDESTRIAN RIGHT-OF- WAYS, FENCES AND WALLS IN THE HAZARDOUS VISUAL OBSTRUCTION AREA," was presented. Member of the public Brian Hutchings expressed various concerns. Motion bv Councilmember Holbrook. seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amended to reflect that the 2~ feet from side yard should be to the garage door opening. The motion was approved by the following vote: 8 February 12,2002 PARKING REGULATIONS RE ELECTRIC VEHICLES SPECIAL JOINT MEETING WITH THE REDEVELOPMENT AGENCY: MINUTES PALISADES BLUFFS AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 7-E: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 3.12.835 TO THE MUNICIPAL CODE AND AMENDING SECTION 3.16.120 OF THE MUNICIPAL CODE TO ESTABLISH PARKING REGULATIONS RELATING TO ELECTRIC VEHICLES," was presented. There was no one present for public comment. Motion by Mayor Pro Tern McKeown. seconded bv Mayor Feinsteill, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, and with direction to staff to assure clarity on signs posted. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY: On order of the Mayo~, thespecialmeeting;convenedatl€>:25p.nt,'with all members presel1t.,; ,;; ,). ,( :., 8-A: Approval 'of minutes May 23, 2000, June 13, 2000, June 20, 2000, September 12,2000 and October 10,2000, Redevelopment Agency meetings. Motion by Mavor Feinstein. seconded by Councilm'ember Holbrook, to approve the minutes as submitted. The minutes wer~'a}aprQV~".:},l.~oice vote with Councilmember Katz abstaining, and all members present.' 8-B: Geotechnical Study of the Santa Monica Palisades Bluffs Project - recommendation to authorize the City Manager and the Executive Director, respectively, to negotiate and execute Contract No. 8069 (CCS) (RAS) with URS Corporation, in the amount of $400,000, for a geotechnical study of the Palisades Bluffs, was presented. 9 February 12, 2002 ADJOURNMENT OF SPECIAL MEETING WORKLOAD PRIORITIES PUBLIC HEARINGS: EASEMENT VACATION Member of the public Gene Gebman spoke in favor of the recommendation. Motion by Councilmember Katz. seconded by Councilmember Bloom, to approve staff recommendation, including accepting the comments of the member of the public to think long-term. The motion was approved by the following vote: AYES Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT On order of the Mayor, the special joint meeting was adjourned at 10:35 p.m., and the regular City Council meeting reconvened with all members present. 8-C: Update to workload priorities for Planning and Community Development Department in Fiscal Year 2001-2002. On order ofthe Mayor, this matter was continued to a future meeting 9-A: Public hearing for vacation of easements for Main Library Expansion Project - recommendation to adopt Resolution No. 9745 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF EXCESS PUBLIC STREET RIGHT- OF- WAY AND PUBLIC SERVICE UTILITY EASEMENTS LOCATED IN A PORTION OF SIXTH COURT ALLEY," was presented. Motion by Councihnember Genser. seconded by Councilmember O'Connor, to adopt resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSEN 10 February 2,2002 BBB - SERVICE IMPROVEMENT AND SHORT RANGE TRANSIT PLANS WRITTEN COMMUNICATIONS: DELAWARE & 18TH COUNCIL ITEMS: BLDG. & SAFETY OLDER AMERICANS 9-B: Public hearing to consider the Santa Monica's Big Blue Bus Service Improvement Program and Short Range Transit Plan - recommendation to hold a public hearing, consider public input and adopt the FY 2002-2004 Service Improvement Program, authorize the City Manager to file the Short Range Transit Plan, and authorize the City Manager to file applications and execute related grant documents for federal, state and local funds, was presented. Member ofthe public Jerry Rubin spoke in favor of the recommendation. Motion by Councilmember O'Connor, seconded by Mayor Pro Tern McKeo~ to approve staff recommendation. The motion was approved by the following vote: AYES Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: l2-A: Request of Brent Bambic to address Council requesting the installation of speed bumps on Delaware, and/or a 4-way stop sign at 18th and Delaware, and a speed limit sign at Delaware, was presented. Motion by Mayor Feinstein. seconded by Mayor Pro Tern McKeo~ to direct staff to provide relevant information report. The motion was unanimously approved by voice vote, with all members present. 13-A: Appointment to two annual vacancies on the Building & Safety Commission for terms ending June 30, 2005. At the request of Councilmember Katz, and with consensus of Council, the City Clerk was directed to republish and return to agenda on March 26, 2002. 13-B: Appointment to one special vacancy on the Commission on Older Americans for a partial term ending June 30, 2003. On order ofthe Mayor, this matter was continued to March 26,2002, RECREATION & PARKS l3-C: Appointment to one special vacancy on the Recreation and Parks Commission for a term ending June 30,2004. On order of the Mayor, the floor was opened for nominations. February 12, 2002 Councilmember Bloom nominated Doris Sosin. Councilmember Katz nominated Barbara Walter. Ms. Sosin was appointed by the following vote: Doris Sosin: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tern O'Connor, Mayor Feinstein Neue _ Barbara Walter: PIER RESTORATION CORPORATION 13-D: Appointment to one annual vacancy on the Pier Restoration Corporation for a term ending November 8,2005. On order of the Mayor, the floor was opened for nominations. Councilmernber Genser nominated Kent Smith. Councilmember Katz nominated Linda Waade. Ms. Waade was appointed by the following vote: Kent Smith: Linda Waade: Councilmernbers Genser, Bloom, O'Connor Councilmernbers Katz, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein Councilmember O'Connor requested her vote be changed in support of Ms. Waade, for a final vote as follows: Kent Smith: Linda Waade: Councilmembers Genser, Bloom, Councilmembers Katz, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Feinstein RESIGNATION LETTER 13-E: Acceptance of Ed Muzika's letter of resignation from the Commission on Older Americans, and authorization for the City Clerk to publish the vacancy, was presented. Motion bv Councilmember Bloom. seconded bv Mavor Feinstein, to accept the letter with regrets and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with all members present. PUBLIC INPUT: Members of the public Brian Hutchings, Pro Se, and Art Casillas expressed various concerns. 12 February 12, 2002 ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11 :23 p.m. to February 26,2002, at 5:30 p.m. in memory of Mary Nelson. t:~.~.~;;~~:~ Maria M. Stewart \ Michael Feinstefu City Clerk Mayor 13 February 12, 2002