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M-11/12/2002 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 12, 2002 A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:45 p.rn., on Tuesday, November 12,2002, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Michael Feinstein Mayor Pro Tem Kevin McKeown Councilmember Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 7:05 p.m.) Councilmember Herb Katz 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 5:45 p.m., with Councilmember Holbrook 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. At the request ofCouncilmember Katz, Items l-E, 1-F, and I-I were removed from the Consent Calendar. Motion bv Mayor Pro Tem McKeown. seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented except Items 1-E, 1-F and 1-1, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT: MINUTES I-A: The minutes of the September 10,2002, City Council meeting, were approved. 1 November 12,2002 LANDFILL GAS EXTRACTION SEWER REHABILITATION 1-B: Landfill Gas Extraction System at City Yards - recommendation tQ authorize the City Manager to negotiate and execute two-year Contract No. 8156 (CCS) with ICF Consulting, in the amount of $429,930, to operate, maintain, and monitor the landfill gas extraction system operating at the Municipal Yard; and incorporate existing purchase order in the amount of $49,560 with ICF Consulting, for related services, was approved. l-C: Ocean AvenueIMain Street Sewer Rehabilitation and Main Street Roadway Restoration Projects - recommendation to authorize the City Manager to negotiate and execute Contract No. 8157 (CCS) with BRH Garver- West, Inc., in the amount of$4,498,360, for the sewer rehabilitation and roadway restoration projects; an amendment to Contract No. 7355(CCS) with Harris and Company, in the amount of$llO,OOO, for community outreach services; an amendment to Contract No. 7476 (CCS) with Black & Veatch, Inc., in the amount of$783,703, for construction management services; and an amendment to Contract No. 7216 (CCS) with Montgomery Watzon Harza, in the amount of$277,990, for Engineer of Record services; and approve the proposed appropriation of funds, was approved. 1751/1753 CLOVERFIELD I-D: Authorization to staff to open preliminary discussions for possible acquisition of real property located at 1751-1753 Cloverfield Boulevard, was given. ARTS GRANT FUNDS POLICE AND FIRE RESPONSE SOFTWARE STREETLIGHT ASSESSMENT DISTRICT I-G: Acceptance of grant funds from the California Arts Council's Arts in Education Demonstration Project - recommendation to accept a grant from The California in Arts Council's Arts in Education Dernonstration Project; authorize the City Manager's Office to negotiate and execute Contract No. 8159 (CCS) with the 181h Street Arts Complex to coordinate the granted project; and, approve proposed budget changes, was approved. I-H: Purchase and Maintenance Agreements for Response Mobile Software for Police and Fire - recommendation to authorize the City Manager to negotiate and execute an amendment to existing contracts with PSSI, Inc., and Motorola Inc., for the purchase of Response Mobile Software, was approved. I-J: Approval of certified results of Streetlight Installation Assessment Election - recommendation to accept the certified results of the Streetlight Installation Assessment election in opposition to the assessments, was approved. 2 November 12, 2002 MTA 1-K: Recommendation of Candidate For The Metropolitan Transportation Authority Westside/Central Service Sector, was approved. PARKS BUILDING REPLACEMENT 1-E: Joslyn and Reed Parks Building Replacement Project- recommendation to authorize the City Manager to negotiate and execute Contract No. 8158 (CCS) with New Creation Engineering and Builders, Inc., in the amount of$393,700, for construction of park building replacements in Joslyn and Reed Parks, was presented. Councilmember Katz advised he removed this item from the Consent Calendar because he has concerns regarding the increased contingency amounts for this item, as well as Items I-F and I-I. Staff answered questions of Councilmembers regarding contingency amounts and practice. Motion by Mayor Pro Tem McKeown. seconded by Councilmember O'Connor, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Bloom, Genser, Mayor Pro 'em McKeown, Mayor Feinstein Councilmember Katz Councilmember Holbrook NOES: ABSENT RETROFIT OF PARKING I-F: Seismic Retrofit Improvements for Parking Structure 5 - STRUCTURE recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7861 (CCS) with Black and Veatch Corporation, in the amount of $506,312, for design of seismic retrofit improvements to the parking structure, was presented. TEMPORARY MAIN LIBRARY FACILITY I-I: Temporary Main Library Facility Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8160 (CCS) with ETZ Construction, in the amount of$504,576, for the Temporary Library Tenant Improvement Project, was presented. Motion by Councilmember Katz. seconded by Councilmember Genser, to approve Items I-F and I-I. The motion was approved by the following vote: AYES Councilmembers Katz, Genser, Bloom, O'Connor, Mayor Pro Tem McKeown, Mayor Feinstein None CouncilmemberHollirook NOES: ABSENT 3 November 12. 2002 CLOSED SESSIONS: On order of the Mayor, the City Council recessed to closed sessions at 6:09 p.rn., with Councilmember Holbrook absent, and reconvened at 7:15 p.m., with all members present. Councilmember Holbrook arrived at 7:05 p.m. On order of the Mayor, report on closed sessions to be made at the end of the meeting. ADMIN. PROCEEDINGS: 6-A: Certification of Final Em and consideration of appeals for 3030/3131 OLYMPIC proposed projects at 3030 Olympic and 3131 Exposition Boulevards _ recommendation to adopt Resolution No. 9809 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMP ACT REPORT PREPARED FOR THE TWO PROPOSED ENTERTAINMENT STUDIO PROJECTS AT 3030 OLYMPIC BOULEVARD AND 3131 EXPOSITION BOULEVARD"; deny appeal of Planning Commission Denial of DR Permit 99-010 and deny appeal of DR Permit 99-011.Applicant!Appellant: Lantana North & South Hines Development. The appeal was presented by staff Staff answered questions of Councilmembers. Doug Holte, representing the Applicant/Appellant spoke in support of both projects for ten minutes each, for a total of twenty minutes. The following members of the public spoke in support of the projects and the appeals: Cathy Marlowe, Maggie Kelley, Keely O'Rourke, Isabel Aranda, Jenny Mon Banquette, Linda Sullivan, Fred Heinrid, Martin Wassell, Ken Ward, Michael Woo and Craig Shimahara. The following members of the public spoke in opposition ofthe projects and the appeals: Richard Moore, Charlotte Stewart, Karen Furey, Marcia Zimmer, Marlene Suzuki, Christopher Keene, Jim Coleman, Bert Staggers, Susan Healy Keene, Christel Anderson, Peter Path, Kelly Olson, Keith Kaucher, Cecilia Bradley, and Michael Tarbet. Applicant! Appellant and staff answered questions of Council. Considerable discussion ensued relative to the project, the public comments made, parking concern, traffic congestion in the surrounding areas, and general design. 4 November 12, 2002 Motion by Mayor Pro Tem McKeown. seconded by Mayor Feinstein, to adopt resolution certifYing the EIR, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None Motion by Councilmember Genser. seconded by Mayor Pro Tem McKeown, to deny Development Review Permit Application No. 99-010 and reduced parking permit Application No. 99-003 for the Lantana East Project. Substitute motion by Councilmember Katz. seconded by Councilmember Holbrook, to continue the project with permission of applicant, ask developer to work with staff and neighbors to resolve the traffic problems, get consensus for approval, and return to Council. The substitute motion failed by the following vote: AYES: NOES: ABSENT: Councilmembers Holbrook, O'Connor, Katz Councilmembers Bloom, Genser, Mayor Pro Tem McKeown, Mayor Feinstein None Councilmember Genser amended his motion to include the phrase "without prejudice." The amendment was friendly to the seconder. The main motion, as amended, was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein Councilmembers Katz, O'Connor, Holbrook None Motion by Councilmember Genser. seconded by Mayor Pro Tem McKeown, to deny Development Review Permit Application No. 99-011 and Reduced Parking Permit 99-004 for the Lantana South project, without prejudice. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Genser, Bloom, Mayor Pro Tem McKeown, Mayor Feinstein Councilmembers Katz, O'Connor, Holbrook None 5 November 12. 2002 ORDINANCES: DEVELOPMENT REVIEW THRESHOLDS 7-A: Second reading and adoption of Interim Ordinance No. 205~_ (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT REVIEW THRESHOLDS IN THE c. 3, C3C, AND BSC DISTRICTS TO 7,500 SQUARE FEET, AND EXEMPTING AFFORDABLE HOUSING PROJECTS OF 50 UNITS OR LESS FROM DEVELOPMENT REVIEW PERMIT AND CONDITIONAL USE PERMIT," was presented. Motion by Mayor Pro Tem McKeown. seconded by Mayor Feinstein, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, Bloom, O'Connor, Mayor Pro l1em McKeown, Mayor Feinstein Councilmembers Katz, Holbrook None NOES: ABSENT: PARKING METER FEES 7-B: Second reading and adoption of Ordinance No. 2059 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 3 RELATING TO VEHICLES DISPLAYING CLEAN AIR VEHICLE DECALS AND WAIVING OF PARKING METER FEES," was presented. Motion by Mayor Pro Tem McKeown. seconded by Councilmember Katz, tc adopt 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: DEVELOPMENT REVIEW THRESHOLDS 7-C: Introduction and first reading of an interim ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT REVIEW THRESHOLDS IN THE C-3, C3C, AND BSC DISTRICTS TO 7,500 SQUARE FEET, AND EXEMPTING AFFORDABLE HOUSING PROJECTS WITH NO MORE THAN 50 UNITS FROM DEVELOPMENT REVIEW PERMIT AND CONDITIONAL USE PERMIT CITYWIDE," was presented. The following members of the public spoke in opposition to the ordinance, as proposed: Tricia Halloran, Gordon McGee, Jessica Frazier, Jeff Weinstein, Maxine Meltzer, Karl Schober, and Taylor Kincaid. 6 November 12, 2002 PERS AMENDMENT The following members of the public spoke in support of the ordinance, as proposed: James Mount, Doris Ganga, Jason Parry, Margaret Mills, Michael Gruning, Lu Artz, Paul DeSantis, Joanne Leavitt, Sandie Richards, Franceye Smith, Beth Leder Pack, Jame Zazow, Betty Mueller, Karin Pally, Patricia Hoffinan, and Ralph Mechur. Motion by Mayor Pro Tem McKeown. seconded by Councilmember Genser, to introduce ordinance, amending page 9, Section 3( a) to delete "or at least ten percent (10%) . . . " and to the end of the sentence. Discussion ensued on the motion and on the meaning and effect of the amendment. Councilmember Genser subsequently withdrew his second. Motion by Mayor Pro Tem McKeown. seconded by Councilmember Genser, to introduce ordinance as proposed, reading by title only and waiving further reading thereof, with the added finding that this proposed ordinance is consistent with the City's General Plan, including the Housing Element, and does not constitute nor is it intended to be an amendment to the City's Housing Element. Friendly motion by Mayor Feinsteill, to add to the first line of page 4, section "p" after the word "areas" the phrase: ". . . and additionally adversely affect pedestrian orientation. . ." The motion was accepted as friendly. Deputy City Attorney Rosenbaum requested the following amendment of a correction to percentages of affordable housing under Section (aa) on page 6 of the ord~ce: "That 20% of the affordable housing units devoted to households with incomes of sixty percent of median income, and ten percent devoted to households with incomes of fifty percent." The request was accepted as friendly. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tem McKeown, Mayor Feinstein Councilmembers Holbrook, Katz None NOES: ABSENT: On order ofthe Mayor, Items 11-A and 11-B to be considered concurrently with Item 7-D. 7 November 12, 2002 7-D: Resolution No. 9810 (CCS) entitled: "A RESOLUTION O~. INTENTION OF THE CITY OF SANTA MONICA TO AMENI CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY OF SANTA MONICA;" and introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO AMEND THE CONTRACT BETWEEN THE CITY AND CALPERS," were presented. Members of the public Chuck Allord and Thomas Carter expressed their concerns regarding these matters. RESOLUTIONS: POA II-A: Resolution No. 9811 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA POLICE OFFICERS ASSOCIATION," was presented. UTU 11-B: Resolution No. 9812 (CCS) entitled: "A RESOLUTION OF THE CITY. OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED TRANSPORTATION UNION, LOCAL 1785," was pres~nted. Motion by Councilmember Katz. seconded by Councilmember Genser, regarding Item 7-D, to adopt Resolution No. 9810 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Conrior, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein None None NOES: ABSENT: Motion by Councilmember Katz. seconded by Mayor Pro Tem McKeoYffi, regarding Item 7-D, 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 Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein None None NOES: ABSENT: 8 Noyernber 12,2002 STAFF ADMIN. ITEMS: WASTE TRANSFER STATION TRASH LOADER REFUSE-HAULER TRUCK TRACTOR Motion by Mayor Pro Tern McKeown. seconded by Councilmember Katz, regarding Item II-A, to adopt Resolution No. 9811, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tem McKeown, Mayor Feinstein None None NOES: ABSENT: Motion by Councilmember Katz. seconded by Mayor Pro Tem McKeoYm, regarding Item 11-B, to adopt Resolution No. 9812 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: 8-A: Design of new City Solid Waste transfer station facility - recommendation to direct staff to proceed with the design of a new solid waste transfer station facility. On order of the Mayor, this matter was continued to November 26,2002, as a 5-Item. 8-B: Purchase of one trash loader - recommendation to award Bid No. 2842, in the amount of$199,953.99, to Coastline Equipment to furnish and deliver one loader for the Environmental & Public Works Management Department (Continued from August 13,2002.) On order of the Mayor, this matter was continued to November 26,2002, as a 5-Item. 8-C: Purchase of one refuse-hauler truck tractor - recommendation to award Bid No. 2849, in the amount of$145,572.44, to Boerner Truck Center, to furnish and deliver one truck tractor for the Environmental & Public Works Management Department (Continued from August 13,2002.) On order ofthe Mayor, this matter was continued to November 26,2002, as a 5-Item. 9 November 12. 2002 HOMEOWNERS FOR FREEDOM OF CHOICE INITIATIVE Councilmember Katz was excused at 1:05 a.m. CITY YARDS EXPANSION PROJECT 8-D: Qualification of Initiative Petition for Proposed Ordinance Entitled Homeowners Freedom of Choice Initiative, and Recommendation to Adopt the Ordinance, Order a Special Election, 01 Order a Report, as Provided for in the State Elections Code, was presented. The following members ofthe public spoke in support of adopting the ordinance: Greg Poirier, Chuck Allord, Marc Schrobilgen, Phil Grunland, Doug Rawson, James Meyer, TomCarter, Tom Larmore, Clifford Stem, Margaret Hoarst, and Paul DeSantis. The following members ofthe public spoke in support of calling a special election: Nina Fresco, Jamie Zazow, Elan Glasser, Ruthann Lehrer, Jerry Rubin, Rick Laudati, Tom Cleys, Barbara Schnitzler, and Bill Finkelstein. Motion by Councilmember Holbrook, to adopt the initiative's proposed ordinance. The motion died for lack of a second. Motion by Mayor Feinstein. seconded by Councilmember Bloom, to direct staff to prepare an impact report including, but not limited to effects on historical resources, comparisons of other cities, and CEQA issues. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Bloom, Genser, Mayor Pro Ten McKeown, Mayor Feinstein Councilmember Holbrook Councilmember Katz NOES: AYES: Motion by Mayor Feinstein. seconded by Councilmember Bloom, to direct staff to provide information on process and cost of an all-mail election, a concurrent election with different time limitations, timing for adding other measures, City TV issues. The motion was approved by voice vote, with Councilmember Holbrook in opposition and Councilmember Katz absent. Motion by Mayor Feinsteill, to direct the Landmarks Commission to discuss and make suggestions on an alternative measure incorporating incentives, as quickly as possible. The motion died for lack of a second. 8-E: City Yards Expansion Project - recommendation to authorize the City Manager to negotiate and execute a contract with RNL Design, in the amount of$5,915,000, for the Corporation Yards Expansion Project. 10 November 12,2002 WRITTEN COMMUNICATIONS: GARBAGE/TRASH COMPACTOR Councilmember Holbrook was excused at 2:18 a.m. COUNCIL ITEMS: LANDMARKS COMMISSION PIER RESTORATION CORPORATION PREFERENTIAL PARKING On order of the Mayor, this matter was continued to November 26,2002 as a 5-Item. 12-A: Request of Marcia Jacobs to address Council to request that the garbage/trash compactor located on Ocean Front Walk, next to businesses and residences, be relocated to a location away from tourist traffic and eating establishments and residences above, was presented. Member of the public Michael Klein spoke in support ofthe request. Motion by Councilmember Genser. seconded by Mayor Feinstein, to await a report on the situation after the summer is over, prior to taking any action. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent. 13-A: Appointment to one special vacancy on the Landmarks Commission with a term ending June 30,2004. At the request ofCouncilmember O'Connor, and on order of the Mayor, the City Clerk was directed to republish the vacancy and return to Council after 30 days. 13-B: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 14, 2006. On order ofthe Mayor, this item was continued to November 26, 2002. 13-C: Request of Mayor Pro Tem McKeown that Council authorize staff to examine the feasibility of grandparented non-employee parking within Preferential Parking Zone UU for the historic 1927 Embassy Hotel and Apartments, and return with options, was presented. Member of the public Michael Klein, representing the owner of the property, spoke in support of the request. Motion by Mayor Pro Tem McKeown. seconded by Mayor Feinstein, to approve request. Substitute motion by Councilmember Bloom. seconded by Councilmember Genser, to direct staff to examine all options for parking related to the Embassy Hotel. The motion was approved by voice vote, with Councilmember O'Connor voting in opposition, and Councilmembers Katz and Holbrook absent. November 12. 2002 MTA REPRESENTATION 13-D: Request of Councilmember Genser to support Councilmember O'Connor's reappointment for candidacy for the Southwest Corridor position on the Metropolitan Transportation Authority Board, to direct staff to take appropriate steps, and to authorize Councilmember O'Connor to represent, and vote on behalf of, the City of Santa Monica. Motion by Councilmember Genser. seconded by Mayor Feinstein, to approve request. The motion was unanimously approved by voice vote, with Councilmembers Katz and Holbrook absent. CLOSED SESSIONS: 2-A: Conference with Real Property Negotiator. Property: 1751 - 1753 Cloverfield Owner of Record: Andrew Lessman, Your Vitamins Inc. City Negotiator: Mark Richter, Real Estate Manager Under Negotiation: Acquisition of Real Property ACTION Heard. No reportable action taken. Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Director of Human Resources Bargaining Units: Santa Monica Police Officers Assn. (POA) United Transportation Union (UTU) ACTION Heard. No reportable action taken. 2-C: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC04331. ACTION Not heard. Conference with Legal Counsel- Anticipated Litigation: Number of cases: Six. ACTION: Four cases heard. No reportable action taken on two cases. Action taken on two cases is as follows: 12 November 12,2002 PUBLIC INPUT: ADJOURNMENT: Motion by Mayor Feinstein. seconded by Mayor Pro Tem McKeown, to approve settlement to allow an 18-inch intrusion to the rear yard set back for the project located at 2213 14th Street. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Bloom, Genser, Mayor Pro 'em McKeown, Mayor Feinstein. None Councilmembers Katz, Holbrook NOES: ABSENT: Motion by Councilmember O'Connor. seconded by Mayor Feinstein, to approve settlement and allow property owner to build a driveway as previously approved at the project located at 1507 20th Street. The motion was approved by the following vote: AYES. Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tem McKeown, Mayor Feinstein None CouncilmernbersKatz,Holbrook NOES: ABSENT: Members of the public Pro Se and Victor Greshon expressed various concerns. On order ofthe Mayor, the City Council meeting was adjourned at 2:40 a.m., in memory of Senator Paul Wellstone, Mary Rehwald and Daniel Kardashian. C~'~oA- Maria M. Stewart City Clerk 13 November 12, 2002