Loading...
M-8/17/1999 (5) 994 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 17, 1999 A regular meetmg ofthe Santa MOnIca CIty Council was called to order by Mayor O'Connor at 620 pm, on Tuesday, August 17, 1999, at City CouncIl Chambers, 1685 Mam Street Roll Call Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser Councilmember Rtchard Bloom Councilrnember Michael FeInsteIn Councllmernber Robert T Holbrook CouncIlrnemher KeVIn McKeown Councdrnember Paul RosensteIn Also Present CIty Manager John Jalih CIty Attorney Marsha Jones Moutrie City Clerk Mana M Stewart CLOSED SESSIONS I CLOSED SESSIONS On order of the Mayor, the City Councll convened I at 6 20 pm, and then adjourned to conSider closed sessIOns Action taken on the closed seSSlOns was reported at the end of the meetmg RECONVENE/PLEDGE On order of the Mayor, the City CouncIl reconvened at 7 20 P rn, with all members present Councdmember Holbrook led the assemblage in the Pledge of AllegIance CONTINUED ITEMS 5-A Annual and unscheduled vacancy appointments: ARTS COMMISSION Arts Commission (1) - term ending June 30,2003 The Mayor opened the floor for nonnnatIons Counctlmember Rosenstem nonnnated Charles Games CouncIlrnember Bloom nommated Gregory Spotts Mr Spotts was appoInted by the followmg vote Charles Games Gregory Spotts Counctlmernbers Holbrook, Rosenstem Counctlmembers Bloom, Femstem, McKeown, Mayor Pro Tern Genser, Mayor O'Connor 1 August 17, 1999 I I I I BA YSIDE DISTRICT CORPORA TION L.A. WEST VECTOR CONTROL OLDER AMERICANS PIER RESTORATION CORPORATION 995 Bayside District Corporation (2) - terms ending June 30, 2002 The Mayor opened the floor for nonunatIOns Councdmember F emstem nonnnated Arthur Harns There were no other nonnnatlOns and Mr Hams was appoIllted to the Bayslde Dlstnct Corporation by acclamatIOn, WIth all members present On order of the Mayor, the second vacancy was contmued untIl Counct! takes actIon on term hnuts for boards and cOmmtSSIon L.A. Co. West Vector Control District one term ending 12/31/00 On order of the Mayor, this appomtment was contmued to October 12, 1999 5-B Appointment to one unscheduled vacancy on the Commission on Older Americans for a term ending June 30,2001. The Mayor opened the floor for normnatlons Councdmember McKeown nonunated Amta PhillIps Councdmember Bloom nonunated Jane Sure Amta Philhps was appomted to the ComnnSSlOn on Older Amencans by the following vote Aruta Plulhps Counctlmembers Femstem, McKeown, Rosenstein, Mayor Pro Tern Genser Jane Sure Councdmemhers Bloom, Holbrook, Mayor O'Connor Councdmemhers Bloom, Holbrook and Mayor O'Connor, requested to change theIr votes to Ms Phtlhps, for a unarumous vote 5-C Appointment to one unscheduled vacancy on the Pier Restoration Corporation for a term ending November 10, 1999. On order of the Mayor, thts matter was contmued to October 26, 1999 CONSENT CALENDAR: The Consent Calendar was presented, whereby all Items are consIdered and approved in one motIon unless removed from the calendar for diSCUSSIOn The followmg members of the pubhc spoke Joy Fullmer expressed vanous concerns Chuck Allard spoke in support of Item 6-K Bnan Hutchmgs spoke III support ofItem 6-G 2 August 17, 1999 996 MINUTES EARTHQUAKE RECOVERY Motion bv Councdmember Femstem, seconded by Councilmember I McKeown. to approve all items on the Consent Calendar as presented, reading resolutlOns and ordmances by tttle only and wa.1Vmg further readmg thereof The motion was approved by the followmg vote AYES Councilmembers Holbrook, Rosenstem, McKeown, Feinstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 6-A The minutes ofthe June 22, 1999, City CouncIl meetmg, were approved 6-B Earthquake Recovery Resolution - Resolution No 9431 (CCS) entttled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted PURCHASE OF TRUCK 6-C Purchase of pick-up truck for Animal Regulation Unit - recommendatlOn to award Bid No 2763 to Maunce Sopp & Son, m the amount of $38,845 51, to purchase a 3/4 ton plc1rup With a special purpose body for the Arumal Regulation Urnt of the Pohce Department, was I approved COMMUNITY AND SENIOR PROGRAMS OFFICE SUPPLIES OFFICE FURNISHINGS 6-D Provision and delivery of hot meals and cold box lunches for Community and Senior Programs - recommendation to award Bid No 2764 to Momson Health Care Food Services, at specified pnces, for the proVISion and dehvery of hot meals and cold box lunches for the Seruor Nutntlon Program of the Commumty and Seruor Programs DIVISIOn, Commuruty and Cultural SelVlces Department, was approved 6-E Purchase of miscellaneous stationery supplies - recommendatIon to authorize the City Manager to negotIate and execute a purchase order With Office Depot, for an estlmated annual expendIture of $250,000, for ffilscellaneous statIOnery supphes, was approved 6-F Purchase order for delivery and installation of office work space furnishings - recommendatlon to award a purchase order to Office Depot, III the amount of $29,675 13, to furnish, delIver and mstall modular work stations for the Muruclpal DIVISion, City Attorney's Office, was approved I 3 August 17, 1999 I I I MILLENNIUM TREE PLANTING FIREWORKS DISPLAY APPLICATION FOR GRANT FUNDS BEACH MAINTENANCE YARD ORGANIZATIONAL DEVELOPMENT 997 6-G Provision of services for the Millennium Tree Planting Project - recommendatIOn to award Bid No 2765 to West Coast Arbonsts, rue, at specified urnt pnces, to proVIde millenrnum tree plantmg, with a three year mamtenance contract, for the Commurnty and Cultural ServIces Department, was approved 6-H Approval of fireworks display on Saturday, October 2, 1999 - recommendatIon to approve a fireworks display as part of the Santa Momca PIer Days and the Beach Improvement Group Stroll mto the M,llenlllum celebration, was approved 6-1 RecommendatIon to adopt ResolutIon No 9432 (CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR PLAYGROUND IMPROVEMENTS," authonzing the City Manager to apply for grant funds for improvements to the playgrounds at Clover, Manne, and Ozone Parks, was adopted 6-J Contract for improvements to the Beach Maintenance Yard- recommendatIon to authonze the City Manager to negotIate and eXecute Contract No 7567 (CCS) Wlth Spilat ConstructIon Corporation, m the amount of $210,150, for constructIon 1ll1provement to the Beach Maintenance Yard, was approved 6-K Contract for organizational development services for the Planning and Community Development Department - recommendatIon to authonze the City Manager to negotiate and execute Contract No 7568 (CCS) wIth Innovative Resources Consultant Group, Inc, In the amount of $70,000, to proVIde orgaruzabonal development sefV1ces for the Plannmg and Community Development Department, was approved CITY-WIDE RETENTION 6-L Resolution No. 9433 (CCS) entitled: "A RESOLUTION OF mE SCHEDULE CITY OF SANTA MONICA APPROVING NEW RETENTION SCHEDULES FOR VARIOUS DEPARTMENTS, AMENDING EXISTING RETENTION SCHEDULES, AND APPROVAL OF REVISIONS TO TlfF. RECORDS MANAGEMENT MANUAL." was adopted 4 August 17, 1999 998 ORDINANCES: USE OF SICK LEAVE 8-A Introduction and first reading of an ordinance entitled: "AN I ORDINANCE OF THF. CITY OF SANTA MONICA AMENDING TlTF. SICK LEAVE PROVISIONS OF THE MUNICIPAL CODE TO DELETE THF RESTRICTION ON USE OF SICK LEAVE FOR WORK-RELA TED INJURIES AND TO CONFORM THE AMOUNT OF SICK LEAVE ACCRUAL AND USAGE OF SICK LEAVE TO PROVISIONS NEGOTIATED IN MEMORANDUMS OF UNDERSTANDING AND TO FEDERAL AND STATE LAW." MotIon by Councdmember Femstem, seconded by Mayor Pro Tern Genser, to introduce and hold first reading of the ordinance, reading by tItle only, and walvmg further readmg thereof The motIon was approved by the foIlowmg vote YES Counctlmembers Bloom, Feinstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tem Genser, Mayor O'Connor None None NOES ABSENT STAFF ITEMS: TRANSIT 9-A Recommendation to Review and Approve the Preliminary Design MALL PROJECT of the Santa Monica Transit Mall Project and Authorize the City Manager To Eucute a Modification to Contract No. 7230(CCS) for thl Design of 4th Street Pavement Rehabilitation. On order of the Mayor, the public hearing was opened The followmg members of the public spoke in favor of the project Frank Gruber, Jeny Rubm, and Rafigh Pooya Joy Fullmer and Boan HutchIngs expressed vanous concerns Kathleen Rawson, expressed vanous concerns relative to traffic and pedestrians, and proVIded some suggestIons Philippe Halleux expressed concern regardmg the effect of the project on traffic congestIOn Darnel Ehrler, spoke In support of the project but subnntted suggestions for lIDprovements Denms Zane and Jonathan Home spoke In support of the project and tn support of reversing the directIon of travel of the buses Marvm ZeIdler and Jack Greenspan spoke on behalf of the Broadway Deh regarding alternatIve direction of travel for the buses I 5 August 17, 1999 I I I 999 Karl Schober expressed concerns regardmg the effect on traffic and pedestrians Howard Jacobs spoke in support of wider sIdewalks Ken Ward spoke m favor of bIcycle use Bruce Sdberman spoke In support of the project, suggested a park-and-nde program, and keepmg the eXistmg valet parkmg Jonathan Home and Manu Noun spoke m favor of changes so there won't be a negatIve effect on busInesses and pedestnans MotIon by Councdmember Rosenstem, seconded by Councdmember Femstem, to approve staff recommendation amended to dtrect stafI'to look at the fleXibIlity m the future to readjust the dnnensIons of the lanes on Santa Moruca Boulevard, If necessary, and to study the possIbIlity of bicycles USIng the bus lanes to travel Motion to amend by Counctlmember McKeown, to keep the optlOn of reversmg dIrections of the lanes, If needed ill the future, and that condUIt be trod also m the lane on the south side of Broadway and the north SIde of Santa Moruca The amendment was accepted as frIendly The mam motton was approved by the followmg vote AYES Councdmembers Holbrook, RosensteIn, McKeown, FeInstein, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT RECESS On order of the Mayor, the City CouncIl recessed at 955 pm, and then reconvened at 10 24 pm, with all members present 6 August 17, 1999 1000 BEACH IMPROVEMENT 9-B Recommendation to authorize a change order and professional I PROJECT services agreements relating to construction and design enhancements to Palisades Park and South Bea(h of the Beach Improvement Group (BIG) Project and Christine Emerson Reed Park - recommendation for the City Manager to negotiate and execute a Change Order to Contract No 7267(CCS) with Valley Crest, in an amount not to exceed $605,000, for the constructIOn of various enhancements to Pahsades Park and South Beach elements of the BIG project and Christine Emerson Reed Park, a modificatIOn to the ProfessIOnal Services Agreement, Contract No 7308(CCS), with Black and Veatch, in an amount not to exceed $390,000, for addItional constructIon management and engineer procured constructIon servtces for enhancements to Pahsades Park and South Beach and off-Site unprovements to Chnstme Emerson Reed Park, and a modification to the professional services agreement, Contract No 7147(CCS), WIth Wallace Roberts & Todd, m an amount not to exceed $20,000, for vanous additional deSign servtces for enhancements to Pahsades Park and South Beach of the BIG Project Mayor Pro Tem Genser and Coullcllmember Holbrook were excused at 10 25 P m BA YSIDE DISTRICT SPECIFIC PLAN Mayor Pro Tern Genser and CouncIl member Holbrook returned at 1035 pm Mayor Pro Tern Genser and Councthnember Holbrook recused themselves from tins Item due to a pOSSible confhct of mterest On order of the Mayor, the pubhc heanng was opened Members of the I pubhc Bnan Hutclnngs and Joy Fullmer expressed vanous concerns MotIOn by Counctlmember Femstem, seconded by Councilmember McKeown, to approve staff recommendatIon The motIon was approved by the folloWIng vote AYES Counctlmembers Bloom, FeinsteIn, McKeown, Rosenstem, Mayor 0' Connor None Counctlmember Holbrook, Mayor Pro Tern Genser NOES ABSENT 9-C Recommendation to hold a public hearing on the need to revise the Bayside District Specific Plan - recommendatIon to conduct a public heanng on the need to reVlse the Bayside Distnct SpeCific Plan to protect and foster an appropnate mix of retail, restaurant and other uses on The Promenade and of the need to enact mtenm protecttons dunng the amendment process I 7 August 17, 1999 I I I REPORT ON CLOSED SESSIONS: 1001 On order of the Mayor, the pubhc heanng was opened The fo11ow1ng members of the pubhc spoke regardmg the recommendatIOn Jerry Rubm spoke m support of mamtaIrung the food courts 1U the Promenade Kathleen Rawson, on behalf of the BaysIde Dlstnct and Daruel Ehrler on behalf of the Chamber of Commerce, spoke In favor of delaymg any actIon for SIX months to allow for bUSIness and commumty Input BIll Tucker, Barbara Tenzer, and VIV1an MIzraht BenJanun who spoke on behalf of Merlyn Ruddell and herself, spoke agamst takIng Immediate actIon Phtlhpe Halleux spoke m support ofkeepmg restaurants m the Promenade Wally Marks, Howard Jacobs, and Karl Schober, spoke agaInst an intenrn ordInance Arthur Hams expressed VarIOUS concerns HaIle ASIan spoke m support of an Interim ordmance MotIon by Counctlrnember McKeown, seconded by Counctlmember Bloom, to contInue the meeting past 11 00 P m The motIon was approved by VOIce vote MotIOn by Mayor Pro Ten Genser, seconded by Counctlmember Rosenstem, to drrect staff to return to Council as soon as pOSSIble m the most effiCIent manner WIth mformatIon and pOSSIble work plans for purswng tlus matter, and to dIrect staff to morutor the actIVIty m the Bayslde community relatIve to what actIons are beIng taken to resolve the problem and return to CouncIl within SIX months for a re-evaluation Staff to return to Council sooner if IndIcated by significant changes In the sItuation The motIon was approved by the follOWIng vote AYES CouncIlmernbers Holbrook, Rosenstem, McKeown, Feinstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT On order of the Mayor, the CIty Attorney reported on actIon taken on the follOWIng closed seSSIOns 16-A Conference with Legal Counsel ~ Existing Litigation: Marc Mickey v. City of Santa Monica, Case No. CV 97- 4325. ACTION Heard No reportable actIon taken 16-B Conference with Legal Counsel- Existing Litigation: Brett Carr v. City of Santa Monica. Case No. CV 97-8765 (consolidated with Santa Monica Street Performers Group v. City of Santa Monica, Case No. CV 98-7473). 8 August 17, 1999 1002 RESOLUTIONS: PARKING ZONE TT Councllmember Holbrook lVas excused at 12 07 a m MotIon by Counctlmember F emstem., seconded by Councllmember Bloom, I to approve settlement m the amount of$43,000 for Brett Carr and $20,000 for Santa Moruca Street Performers Group The motIon was approved by the followmg vote AYES Councllmembers Rosenstelll, McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None Councilmember Holbrook None NOES ABSTAIN ABSENT 16-C Conference with Legal Counsel - Existing Litigation: John Racine v. City of Santa Monica, Case No. SC 052 - 376. ACTION Not heard Contmued to August 19, 1999 16-D Conference with Legal Counsel- Existing Litigation: Alvine Bacon v. City of Santa Monica, Case No. SC 052 620. ACTION Not heard Contmued to August 19, 1999 16-E Conference with Legal Counsel- Anticipated Litigation. I Number of cases: Five ACTION Cases heard No reportable. actlOn taken 12-A Approval of Initial Study and Negative Declaration and Resolution No. 9434 (CCS) entitled: "A RESOLUTION OF mE CITY OF SANTA MONICA ESTABLISHING PREFERENTIAL PARKING ZONE TT FOR CALIFORNIA A VENUE, BETWEEN 22:\'0 AND 23RD STREETS," was presented On order of the Mayor, the publIc heanng was opened Robert Fruchtbaum, Bob Gabriel, Tony Mollica, Chuck Allord, Zelia Mollica, Steve Moore, Cns Armenta-Moore, Hal Helman, and Deborah DavIs, spoke m favor of the resolutIon Damel Ehrler and Robm Waner spoke in support of the resolutlOn and m favor of a neIghborhood parkmg and traffic study MotIon by Mayor Pro Tern Genser, seconded by Councllmember Femstem, to approve the Imtlal Study and NegatIve DeclaratIon and adopt the resolutIon, readmg by tItle only and WaIvmg further readmg thereof The motlon was approved by the followmg vote I 9 August 17, 1999 I I I 1003 WRITTEN REQUESTS: S.M. AIRPORT PARKING RESTRICTIONS CounCl/member Holbrook retumed at 12.15 a nl. AYES Councdmembers Bloom, FemsteIn, McKeown, RosensteIn, Mayor Pro Tern Genser, Mayor O'Connor None Councllmember Holbrook NOES ABSENT 13-A Request of Brian Hatton to address Council regardmgjet traffic at the Santa Monica Airport and requesting legislation to protect the health of affected residents. (ContInued from August 10, 1999) At Mr Hatton's request, tlus matter was contInued to September 7,1999 13-B The request of Corky Harvey and Wendy Haldeman to Council to discuss the effects of parking restrictions resulting from Preferential Parking Zone SS in order to arrive at a fair solution for residents and businesses within the area and the immediate vicinity, was presented (ContInued from August 10, 1999 ) On order of the Mayor, the public heanng was opened Darnel Ehrler, Elizabeth Astnn, Bob Gabnel, Mark Rothscluld, Deborah DaVIS, Donna Block, Frank Laveque, and Wdham Humfrevdle, spoke In support of modtfYing the preferentIal parkIng zone Chuck A1lord, RobIn Waner, Vincent Cobb, Michael Attar, John Clfcerns, Allison Velkes, Mildred Borden, Dan Richards, Paul Stevenson, Michael Cross, Ir , nene LISak:, PhyllIs Duncan, Natahe HIll, and Ron Velkes spoke agamst modIfication of the parkIng zone DiSCUSSIOn ensued on the ments of the request, on the comments receIved from the residents, and the effects the parkmg zone has had on reSIdents and bUSInesses Motion by Mayor Pro Tern Genser, seconded by Councllmember Bloom, to move the agenda and contmue With the next Item SubstItute motIOn by Councllmember Rosenstem, seconded by Mayor O'Connor, to change the zone to allow two-hour parkmg to IndIVIduals Without a parkmg permIt, to ask staff to work With reSIdents and busmess to come up With more permanent solutions, and to dlfect staff to return WIth InfOrmatIOn on the cost and method for a comprehensIve analysIs of the neighborhood 10 August 17, 1999 1004 VIRGINIA PARK ADVISORY BOARD Marsha Moutne, City Attorney, adVised that glVen the manner that thiS Iteml is hsted on the agenda, the City CouncIl cannot amend a previous action taken, and a modificatIOn to the resolutIOn adopted for the parlang zone will requrre the matter to be noticed on a future Council meetmg agenda DIscussIOn ensued on the comments made by the public, on the reasons for establishmg the parking zone, and on the citY-Wide parkmg problems Councdmember Rosenstem changed his motIon to ask staff to return Wlth pOSSIble solutions, mcludmg an analysIs and pros and cons for having all- day parkmg on one half of the street and two-hour parking on the other side of the street, and mcluding a street-utIlIzation study The reVIsion was received as fhendly by the seconder Motion to amend by Councilmember McKeown, seconded by Mayor Pro Tern Genser, that the comprehensive analysis regardmg traffic and preferentIal parkmg be city-wtde and not restncted to the neighborhood The motion to amend faded by the following vote AYES NOES Councdmembers Bloom, McKeown, Mayor Pro Tern Genser Councilmembers Feinstem, Rosenstem, CouncIlmember Holbrook, Mayor O'Connor None I ABSENT The main motIOn was approved by the followmg vote AYES Councdmembers F emstem, McKeown, Rosenstem, Holbrook, Mayor O'Connor Councllmember Bloom, Mayor Pro Tern Genser None NOES ABSENT Mayor Pro Tern Genser and Councllmemher Bloom stated for the record that they voted against the motIon because It IS an attempt to solve a problem for which no evidence has been presented that It eXIsts, and that It puts the residents' quality of life at risk for convenience only but does not solve the fundamental problem for busmess owners 13-C Request of Andrew Adams to address Council regarding the Virginia Park Advisory Board, recommending that members who were removed from the Board be reinstated and be given a certificate of appreciation. (Contmued from August 10, 1999 ) Member of the pubhc Art Caslllas spoke III support of the request On order of the Mayor, the mformatlon was received and filed I 11 August 17, 1999 I I I CLASS SIZE REDUCTIONS Councllmemhers Rosenstem and Holbrook excused at 2.00 pm FIREWORKS DISPLAY SITE FOR DANCING CLASSES LIVING WAGE COUNCILMEMBER ITEMS: RESIGNATIONS 1005 13-D Request of Brian Hutchings to address Council regarding school class-size reductions and the construction of Belmont High School. (Contmued from August 10, 1999 ) Motton by Councdmember Femstelll, seconded by Counctlmember Bloom, to receive and file the mformatlOn The motIon was approved by VOIce vote, With Counctlmembers Holbrook and Rosenstem absent 13-E Request of W. Gregory Montgomery requesting permission for a special post-wedding fireworks display on August 28,1999. (Contmued from August 10, 1999) Member ofthe pubhc Jean Star spoke in support of the request On order of the Mayor, the mformatIon was receIved and filed 13-F Request of Carolyn Berger to address Council regarding assistance in finding appropriate site for flamenco and tap dance classes for the Santa Monica Senior and Community Programs. (Contmued from August 10, 1999) MotIon by Mayor Pro Tern Genser, seconded by Counc1lmember Femstem, to reCelve and file the mformatlon The motton was unarumously approved by voice vote, with CounCllmembers Holbrook and Rosenstem absent 13-G Request of Reverend Sandie Richards to request that Council commission a study on the impact of a living wage ordinance in Santa Monica in general, including the living wage proposal from SMART (Santa Monicans Allied for Responsible Tourism). On order of the Mayor, tlus Item to be consIdered on September 7, 1999 14-A Recommendation to accept Arthur D. Fisher's letter of resignation from the Library Board and authorization to the City Clerk to publish the vacancy. MotIOn by Mayor O'Connor, seconded by Councllmember Femstem, to accept the reSIgnatIOn letter With regrets Motion unanmlOusly approved by VOIce vote, with Councllmembers Holbrook and Rosenstem absent 14-B Recommendation to accept Suzanne Kim's letter of resignation from the Commission on the Status of Women and authorization to the City Clerk to publish the vacancy. 12 August 17, 1999 1006 PUBLIC INPUT ADJOURNMENT Monon by Mayor O'Connor, seconded by Counctlmember Femstein, to I accept the resIgnation letter WIth regrets MotIon unammously approved by vOIce vote, WIth Councdmembers Holbrook and Rosenstem absent Member of the pubhc Chuck Allord spoke m support of enforcmg the NOise Ordmance Jean Gebman spoke m support of school fundIng On order of the Mayor, the City Council meetmg adjourned at 2 15 am, to August 19, 1999, for a special City Counctl meetmg ATTEST ,.~~ ~0~ Mana M Stewart CIty Clerk APPROVED \ (~--t - -~1~1(r/}L Pam O'Connor Mayor --' I I 13 August 17, 1999