Loading...
M-3/23/2004 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 23, 2004 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5: 5 p.m., on Tuesday, March 23,2004, at City Council Chambers, 1685 Main Street. Roll Call Present Mayor Richard Bloom Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser Councilmember Robert T. Holbrook Councilmember Herb Katz Councilmember Pam O'Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:51 p.m., with all members present. Lucy Dyke, Transportation Planning Manager, led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: The Mayor announced that Item I-D was removed from the Consent Calendar by staff, and would not be considered. Motion by Councilmember O'Connor, seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented, except Item I-D, reading resolutions and ordinances by title only and waiving further reading thereof The motion was approved by the following vote: AYES Councilmembers Feinstein, Katz, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: MINUTES I-A: The minutes of the February 10, and February 24,2004, City Council meeting, were approved. 1 March 23, 2004 PURCHASE CNG- POWERED TRUCKS DOWNTOWN TRANSIT MALL TRACT MAP FOR 1027 10TH STREET TEMPORARY EMPLOYEES GRANT PROGRAM FEDERAL FUNDED HIGHWAY PROGRAMS PURCHASE PARKING METERS I-B: Purchase of two service trucks - recommendation to award Bid No. 2865 to Los Angeles FreightIiner, in the amount of$313,253.86, to furnish and deliver two CNG-powered service trucks for the Environmental and Public Works Management Department, was approved. l-C: Pedestrian Extension to Downtown Transit Mall- recommendation to adopt Resolution No. 8331 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RECEIVE GRANT FUNDS FOR THE PEDESTRIAN EXTENSION TO TIlE DOWNTOWN TRANSIT MALL," was approved. I-D: Final Tract Map No. 53246 for 1027 10th Street- recommendation to adopt a resolution accepting and approving a final subdivision map for Tract No. 53246 for a 5-unit condominium project at 1027 101b Street, was removed from consideration by staff l-E: Contract for Temporary Employees in the Planning Department - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 8155 (CCS) with JAS Pacific Corporation, in the amount of $250,000, for code enforcement, construction inspection and plan check services; and amendment to Contract No. 7742 (CCS) with Bing Yen and Associates, in the amount of$80,000, for geotechnical and engineering geology services, was approved. I-F: Innovative Technology Grant Program Criteria- recommendation to approve the proposed selection criteria to be used to evaluate applications for grants, was approved. I-G: Resolution No. 9936 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING TIlE CITY MANAGER TO ACT ON BEHALF OF THE CITY ON MATTERS ASSOCIATED WITH THE ADMINISTRATION AND IMPLEMENTATION OF THE VARIOUS FEDERALLY FUNDED IDGHW A Y PROGRAMS," was adopted. I-H: Purchase of parking meters recommendation to authorize the City Manager to negotiate and execute Contract No. 8332 (CCS) with Duncan Parking Technologies, in the amount of$1,806,305.91, for the purchase of 6,600 parking meters and associated equipment, was approved. 2 March 23,2004 SOFTWARE MAINTENANCE CONTRACT 1234 4m ST, 1320 4m ST AND 1431 2ND ST RECESS TO SPECIAL JOINT MEETING CLOSED SESSIONS INSPIRATION: CONTINUED ITEMS: PREFERENTIAL PARKING 1-1: Financial Management Information System maintenance contract - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 6951 (CCS), with PeopleSoft USA, Inc., in the amount of$57,600, for annual software maintenance was approved. I-J: Authorization to negotiate terms and conditions for disposition of properties located at 1234 Fourth Street, 1320 Fourth Street and 1431 Second Street, was approved. On order of the Mayor, the City Council recessed to a joint meeting of the Housing Authority, the Parking Authority and the Redevelopment Agency at 6:04 p.m., and reconvened at 6:05 p.m., with all members present. On order of the Mayor, the City Council adjourned to consider closed sessions and reconvened at 7:29 p.m. Action taken on closed sessions was reported at the end of the meeting. A presentation on Women's History Month, was presented by members of the Commission on the Status of Women. 5-A: Resolution No. 9937 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING ZONE MM (9m STREET BETWEEN PICO AND TIIE SANTA MONICA FREEWAY, AND MIClllGAN AVENUE, BAY STREET, GRANT STREET, AND PACIFIC STREET BETWEEN LINCOLN BOULEVARD AND 10m STREET) ON CURRENTLY REGULATED BLOCKS AND AMENDING RESOLUTION 9344 (CCS)," was presented. The following members of the public spoke generally in support of the recommendation and offered suggestions: Christian Boyce, Robert Richards, Paul Bailey, Brian Cayo, Peter Tigler, Lucas Morea, Cesar Morea, Kathryn Morea, Susan Archibald, Maya Lopez, Carla Siwinski, Ana Jara and Polli Prosser. Motion by Councilmember Genser. seconded by Mayor Bloom, to adopt the resolution amended to change the restrictions in the Michigan Avenue and 9th Street area to no public parking between 6 p.m. to 9 a.m. and to allow one-hour parking for the public from 9 a.m. to 6 p.m. 7 days per week. Motion to amend bv Mavor Pro Tern McKeown. seconded by 3 March 23, 2004 RECESS Councilmember Feinstein, to extend allowed parking to two hours. The motion on the amendment was approved by the following vote: AYES: Councilmembers Feinstein, Katz, Holbrook, O'Connor, Mayor Pro tern McKeown Councilmember Genser, Mayor Bloom None NOES: ABSENT: The main motion, as amended, was approved by the following vote: AYES Councilmembers Holbrook, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember O'Connor None NOES: ABSENT Motion by Councilmember Feinstein. seconded by Mayor Pro Tern McKeo~ to direct staff to look at the matter of scheduling agenda items, and return with recommendations so that when preferential parking zones are scheduled, they may be considered earlier in the meeting. The motion was unanimously approved by voice vote, with all members present. On order of the Mayor the City Council recessed at 9:37 p.m., and reconvened at 9:46 p.m., with Councilmembers Holbrook, Genser, and Katz absent. ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2120 (CCS) SHORT-TERM HOUSING entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A DEFINITION OF SHORT-TERM RENTAL HOUSING, AND PROHIBITING TillS FORM OF HOUSING . THROUGHOUT THE CITY," was presented. PROHIBIT SMOKING ON BEACH AND PIER Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein, to adopt the ordinance, reading by title only and waiving further reading thereof The motion was approved by the following vote: AYES: Councilmembers O'Connor, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Genser, Katz NOES: ABSENT: 7-B: Introduction and first reading of an ordinance of the City of Santa Monica amending Chapter 4.44 of the Municipal Code to 4 March 23, 2004 Counci/members Katz and prohibit smoking on the beach and the Pier, in waiting areas for public Genser returned at 9:52 p.m. services and within 20 feet of an entrance or exit to a public facility, was presented. The following members of the public spoke in support of the ordinance: Jim Walker, Robert Donin, Debi Austin, Garrett Snow, Robert Berger, Charley Bell, Neil Carrey, Los Angeles City Councilmember Jack Weiss, Chris Cappiello, Lori Kaplan" Jared Kaplan, Steven Gallegos, Kesha Ram, Alann Reed, Andrea Aguilar, Roxanne Kubice, Erica Sutherland, Adrienne Coffield, Colin Walkden, Phil Brock, Jeny Ruben, and Susan Frazier. Members of the public Chuck Allord and Joe Natoli spoke in opposition of the proposed ordinance. Member of the public Joey Fullmer, expressed vanous concerns. Members of the public Ben Franz-Knight, Allan Lipsky, Joanie Gordon, Linda Sullivan, Jean McNeil Wyner, Murray Gould, and Ellen Brennan spoke in support of exempting the Pier or of having designated areas for smoking on the Pier. Motion by Mayor Bloom. seconded by Mayor Pro Tern McKeo:M!, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof Motion to amend by Councilmember Kat~ that in terms of enforcement of a violation, there will be a period of time where all enforcement is preceded by a warning. The motion was accepted as friendly. Motion to amend by Councilmember Genser. seconded by Councilmember O'Connor, that for the Pier, smoking be allowed in designated areas. The amendment failed by the following vote: AYES: NOES: Councilmembers Katz, Genser, O'Connor Councilmember Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook ABSENT: The main motion failed by the following vote: AYES: Councilmembers Katz, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers Feinstein, Genser, O'Connor Councilmember Holbrook NOES: ABSENT: 5 March 23, 2004 ADMIN. ITEMS: PRC SERVICE AGREEMENT Counci/member Katz was excused at 11:52 p.m. SUSTAINABLE TASK FORCE Motion by Councilmember Genser. seconded by Councilmember Katz, to introduce the ordinance, reading by title only and waiving further reading thereof, and amended allow smoking only in designated smoking areas. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers Feinstein, 0' Connor Councilmember Holbrook NOES: ABSENT: Motion by Councilmember Katz. seconded by Councilmember Genser. that there be a 90-day time period before fines are enforced and direct staff to return, after working with the .Pier Restoration Corporation, with options for the locations of the designated areas. The motion was approved by voice vote, with Councilmember Feinstein voting in opposition and Councilmember Holbrook absent. 8-A: Pier Restoration Corporation Services Agreement- recommendation to approve and authorize the City Manager to execute the proposed Services Agreement with the Pier Restoration Corporation based on the terms and conditions summarized in the report, was presented. There was no one present for public comment Motion by Councilmember Feinstein. seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz NOES: ABSENT: 8-B: Establishment of Sustainable City Task Force with the appointment of eleven members from the Santa Monica Community, was presented. There was no one present for public comment. .._--1 6 March 23,2004 PALISADES BLUFF PROJECT RECESS COUNCIL ITEMS: LANDMARKS COMMISSION RETAIL ON THE PROMENADE Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to approve staff recommendation. The motion was approved by the following vote: AYES Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz NOES: ABSENT: JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY: 8-C: Palisades Bluff Improvement Project - recommendation to review information, provide feedback on proposed mitigation strategies, and if mitigation strategies are approved, authorize staff to proceed with selection process for a design and community outreach team and return to Council for contract award. On order of the Mayor, this meeting was not convened, and the matter was continued to April 13, 2004. On order of the Mayor, the City Council recessed at ] 1 :57 p.m., to a special meeting of the Housing Authority, and reconvened at 11: 59 p.m., with Councilmembers Holbrook and Katz absent. 13-A: Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2004. There being no one present for public comment, the Mayor opened the floor for nominations. Councilmember Feinstein nominated Colin Maduzia. There being no other nominations, Mr. Maduzia was appointed by acclamation, with Councilmembers Holbrook and Katz absent. 13-B: Request of Council member Feinstein to direct staff to conduct research on past trends and the current amount of formula retail on the Promenade; to consider the definition of formula retail from the November 11, 2003, staff report, and return to Council with recommendations, with the process timed so that the Bayside District can review the recommendations before returning to Council. On order of the Mayor, this matter was continued to April 13, 2004. 7 March 23,2004 COMMISSION FOR THE 13-C: Appointment to one special vacancy on the Commission for the SENIOR COMMUNITY Senior Community for a term ending June 30, 2007. PERSONNEL BOARD SOCIAL SERVICES COMMISSION RECREATION AND PARKS COMMISSION STATUS OF WOMEN RESIGNA nON AB 2175 On order of the Mayor, this matter was continued to April 13, 2004. 13-D: Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one special vacancy for a term ending June 30,2006. On order of the Mayor, this matter was continued to April 13, 2004. 13-E: Appointment to one special vacancy on the Social Services Commission for a term ending June 30, 2007. On order ofthe Mayor, this matter was continued to April 13, 2004. 13-F: Appointment to one special vacancy on the Recreation and Parks Commission for a term ending June 30,2005. On order of the Mayor, this matter was continued to April 13, 2004. 13-G: Appointment to one special vacancy on the Commission on the Status of Women for a term ending June 30,2005. On order of the Mayor, this matter was continued to April 13, 2004. 13-H: Acceptance of Morton Gantman's letter of resignation from the Commission for the Senior Community, and authorization for City Clerk to publish vacancy. Motion by Mayor Bloom. seconded bv Mayor Pro Tern McKeown, to accept letter with regrets. The motion was unanimously approved by voice vote with Councilmembers Holbrook and Katz absent. , 13-1: Request of Mayor Pro Temp McKeown that the City oppose AD 2175 (Canciamilla) that would authorize largely unrestricted condo conversions of existing rental housing, was presented. Motion bv Mayor Pro Tern McKeown.. seconded by Councilmember Feinstein, to approve request. The motion was unanimously approved by voice vote with Councilmembers Holbrook and Katz absent. , 8 March 23. 2004 CLOSED SESSIONS: On order of the Mayor, the following actions were reported 2-A: Conference with Legal Counsel- Existing Litigation: Levv v. City of Santa Monica, Case No. 063147. ACTION. This matter was not heard 2-B: Conference with Legal Counsel- Existing Litigation: United Rental v. Cohen, Case No. BC 309113. ACTION This matter was not heard 2-C: Conference with City Council, Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC4331. Motion by Mayor Bloom. seconded bv Councilmember Feinstein, to approve settlement with Winall Oil Company, in the amount of $350,000. The motion was approved by the following vote: AYES Councilmembers O'Connor, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers Holbrook, Katz NOES: ABSENT: 2-D: Conference with Legal Counsel- Existing Litigation: Los Angeles SMSA Limited Partnership v. City of Santa Monica, Case No.SC 079139. ACTION: No reportable action taken. 2-E: Conference with Legal Counsel- Existing Litigation: SMHC v. City of Santa Monica, Case No., Case No. SC 074683. ACTION No reportable action taken. 2-F: Conference with Legal Counsel- Existing Litigation: 2000 Main St. v. City of Santa Monica, Case No. SC 067899. ACTION No reportable action taken 9 March 23,2004 Conference with real property negotiator: Property: 402 Colorado Avenue City negotiator: Jeff Mathieu Under negotiation: Acquisition of Property Owner of Record: Sears Roebuck, Inc. ACTION No reportable action taken Conference with real property negotiator: Property: 1324 5th Street . City negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: Beitler Properties ACTION: No reportable action taken 2-1 Conference with real property negotiator: Property: 1418-1442 Fifth Street City negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: Craig Jones LLC ACTION: No reportable action taken 2-J Conference with Legal Counsel - Anticipated Litigation. Number of cases: Two. ACTION No reportable action taken 2-K Conference with real property negotiator: Property: 1234 Fourth Street City negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: City of Santa Monica Redevelopment Agency ACTION: No reportable action taken 2-L: Conference with real property negotiator: Property: 1320 Fourth Street City negotiator: Jeff Mathieu 10 March 23. 2004 Under negotiation: Interest in Real Property Owner of Record: City of Santa Monica Redevelopment Agency ACTION: No reportable action taken 2-M: Conference with real property negotiator: Property: 1431 Second Street City negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: City of Santa Monica Redevelopment Agency ACTION: No reportable action taken 2-N: Conference with real property negotiator: Property: 1601 14th Street City negotiator: Jeff Mathieu Under negotiation: Interest in Real Property Owner of Record: Weyerhaeuser Company ACTION: No reportable action taken 2-0: Conference with Legal Counsel- Existing Litigation: Southern California Water Co. v. City of Santa Monica, Case No. SC 064682. ACTION: No reportable action taken 2-P: Conference with Legal Counsel- Existing Litigation: Cleveland Wrecking v. Morley, Case No. SC 080 700. ACTION: No reportable action taken 2-Q: Conference with Legal Counsel- Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. 281367. ACTION: No reportable action taken 2-R: Conference with Legal Counsel - Existing Litigation: Robert Holbrook and Herb Katz. et al. v. City of Santa Monica, Case No. BS 086908. ACTION: This matter was not heard. 11 March 23, 2004 PUBLIC INPUT: ADJOURNMENT: Member of the public Jerry Rubin discussed various subjects. On order of the Mayor, the City Council meeting was adjourned at 12:09 a.m., in memory of Geraldine Chase, Maurine Brown, Leonard Vincent and the victims of the Spanish railway bombing. ATTEST: \l,~.~.~ Maria M. Stewart City Clerk t[~ Richard Bloom Mayor 12 March 23, 2004