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M-9/28/1999 (2) 1030 CITY OF SANTA MONICA I CITY COUNCIL MINUTES SEPTEMBER 28, 1999 A regular meetIng of the Santa Mornca CIty CouncIl was called to order by Mayor O'Connor at 625 pm, on Tuesday, September 28, 1999, at CIty Council Chambers, 1685 MalO Street Roll Call Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser Counctlmember RIchard Bloom Counctlrnember Michael Femstem CounCllmember Robert T Holbrook CounCllmember KeVIn McKeown Counctlmember Paul RosensteIn Also Present City Manager John Jahh City Attorney Marsha Jones Moutne CIty Clerk Marla M Stewart CLOSED SESSIONS RECONVENEIPLEDGE CLOSED SESSIONS On order of the Mayor, the CIty CouncIl convened I at 6 25 pm, and then adjourned to conSIder closed seSSlOns ActIon taken on the closed sesSIOns was reported at the end of the meetmg On order of the Mayor the CIty Council reconvened at 7 14 pm, WIth all members present Counctlmember Holbrook led the assemblage m the Pledge of AllegIance CONTINUED ITEMS 5-A Annual and unscheduled vacancy appointments to the Housing HOUSING COMMISSION Commission for two Section 8 terms ending June 30, 2001, and one regular term ending June 30, 2002. The Mayor opened the floor for nommatIons Counctlmember McKeown nommated Kathleen Masser for the regular term Mayor Pro Tern Genser normnated Karin Pally for the regular term Kathleen Masser was appomted to the Housmg ComrmSSlOn by the followmg vote Masser CouncIlmembers Bloom, Femstein, McKeown, Mayor O'Connor Pally CouncIlmembers RosensteIn, Holbrook, Mayor Pro Tern Genser I 1 September 28. 1999 I I I 1031 CounCllmemher Holbrook and Mayor Pro Tern Genser requested their votes be changed to Ms Masser The remaImng two vacanCIes were contmued to October 5, 1999 Staff was directed to clanfy the applicants' SectIon 8 status CONSENT CALENDAR: The Consent Calendar was presented, whereby all Items are conSIdered and approved m one motIon unless removed from the calendar for dlscusslOn EARTHQUAKE RECOVERY DONA nON OF USED VEHICLES TRACTMAP-1252 EUCLID Members of the pubhc Joey Fullmer and Bnan Hutchmgs expressed vanous concerns Jerry Rubm spoke m support of Item 6-M At the request ohhe City Manager, Item 6-L was contmued to October 5, 1999 At the request ofCounctlmember Bloom, item 6-A was pulled, at the request of Council member Femstem, Item 6-D was pulled, and at the request of Counctlmember McKeown, Item 6-M was pulled off the consent calendar Motlon by Counctlmember Femstem, seconded by Counctlmember McKeown, to approve all Items on the Consent Calendar as presented, except Items 6-A, 6-D, 6-L and 6-M, readmg resolutIOns and ordmances by tItle only and waivmg further readmg thereof The motion was approved by the followmg vote AYES Counctlmembers Holbrook, Rosenstem, McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 6-B Earthquake Recovery Resolution - ResolutiOn No 9440 (CCS) entItled .'A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 6-C Donation of four used police vehicles to the State of Sinaloa, Mexico - recommendation to authonze the donatlOn of four used poltce veluc1es to the State of Smaloa, MeXICO, for law enforcement use, and WaIve the process of dIsposal by auction, was approved 6-E Resolution No. 9441 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 52635 FOR A 5-UNIT CONDOMINlliM PROJECT AT 1252 EUCLID STREET," was adopted 2 September 28. 1999 1032 PARCEL MAP - 2030 CALIFORNIA AVENUE 6-F Resolution No. 9442 (CCS) entitled: "A RESOLUTION OF THE I CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 25264 FOR A 4-UNIT CONDOMINIUM PROJECT AT 2030 CALIFORNIA AVENUE, was adopted PARCEL MAP - 95719lH 6-G Resolution No. 9443 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 25149 FOR A 4-UNIT CONDOMINIUM PROJECT AT 957 19lH STREET. was adopted TRACT MAP - 95414lH 6-H Resolution No. 9444 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 52526 FORA 5-UNIT CONDOMINIUM PROJECT AT 95414TH STREET," was adopted FINAL TRACT MAP - 846 6-1 Resolution No. 9445 (CCS) entitled: "A RESOLUTION OF THF: 21ST STREET CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 49395 FORA 5-UNIT CONDOMINIDM PROJECT AT 846 21!>T STREET," was adopted FINAL TRACT MAP - 1111 10TH STREET FINAL TRACT MAP - 1022 10TH Street SEWER REPAIR SERVICES 6-J Resolution No. 9446 (CCS) entitled: "A RESOLUTION OF mE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO'1 52636 FORA 5-UNIT CONDOMINIUM PROJECT AT 1111 10TH STREET," was adopted 6-K Resolution No. 9447 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 52679 FOR A 5-UNIT CONDOMINIUM PROJECT AT 1022 10lH STREET," was adopted 6-N Contracts for construction and for management and inspection services for sewer repair mains in various City streets - recommendatlon to authonze the CIty Manager to negotIate and execute Contract No 7592 (CCS) With Preussag Pipe RehabilItatIOn, In the amount of $1,900,329, for repair of earthquake-damaged sewer mams m the area bounded by PICO Boulevard, 16'" Street, Ocean Avenue/Barnard Way, and the South City hnuts, and recommendatIOn to authonze the CIty Manager to negotiate and execute Contract No 7593 (CCS) With ASL Consultmg Engmeers, In the amount of$359,800, for construction management and inspection sefVlces for the project, was approved 3 I September 28, 1999 I I I ENVIRONMENTAL SERVICES - SANTA MONICA AIRPORT 1033 6-0 Contract amendment for expanded environmental services at the Santa Monica Airport - recommendation to authonze the CIty Manager to negotIate and execute an amendment to Contract No 115(CD) wIth Arthur D LIttle, Inc, m the amount of$295,810, for expanded scope of envIron- mental InVestlgatton, momtonng and remedIatIon servIces to address soil contannnatIon at the AIrport, was approved LmRARY EXPANSION 6-P Program and construction management services for the Main Library Expansion and Renovation Project - recommendatIOn to authonze the CIty Manager to negotIate and execute Contract No 7594 (CCS) with Bovis ConstructIOn CorporatIOn, in the amount of$I,692,000, for program and constructlOn management servIces for the Mam LIbrary ExpanSIOn and RenovatIon project, was approved DOUGLAS PARK IMPROVEMENT PERMIT PROCESSING AND INSPECTION SERVICES MINUTES 6-Q Contracts for construction and management services for the Douglas Park Improvement Project - recommendation to authonze the CIty Manager to negotIate and execute Contract No 7595 (CCS) WIth Valley Crest Landscape, Inc, III the amount of$l, 189,150, to construct improvements project, recommendation to authorize the CIty Manager to negotiate and execute Contract No 7596 (CCS) WIth Black & Veatch ConstructIon, Inc, m the amount of $100,000, for constructIon management of the proJect, and, recommendatIon to authonze the CIty Manager to negotiate and execute an amendment to Contract No 6592(CCS) with Rios AssoCiates, in the amount of $48,400, for architectural sefVlces for the project, was approved 6-R Purchase order for organizational analysis services of city-wide permit processing and inspection services - recommendatIon to authonze the Purchasmg Agent to Issue a purchase order to Management Partners, Inc, In the amount of$80,000, to conduct an orgaruzatIOnal analYSIS of pemut processmg and InSpectIOn servIces to Improve effiCIency and effectiveness was approved 6-A The minutes of July 20, 1999, City Councll meetmg MotIon by Councdmember Bloom, seconded by Councilmember McKeown, to approve mmutes with correctIons to surnames as noted MotIon unarumously approved by VOIce vote, With all members present 4 September 28, 1999 1034 FILM PERMITS 6-D The recommendation to direct statTto prepare an ordinance I making it a misdemeanor to commercially film in the City without a permit or in violation of the conditions of a film permit Staff responded to Councdmember Femstem's questIOns MotIOn by Councdmember Bloom, seconded by Counctlmember Femstem, to approve the recommendatIOn The motton was unamffiously approved by VOIce vote, With all members present YOUTH OFFICE - 6-L Rejection of bids and approval of contract on open market to CHRISTINE REED PARK construct new Youth Office at Christine Reed Park - recommendatIOn to reject bIds received, waive formal blddmg procedures, and authonze the CIty Manager to negotIate and execute a contract, on the open market, to construct the new Youth Office at Chnstme Reed Park At staff's request, tlus matter was continued to October 12, 1999 MUNICIPAL POOL PROJECT 6-M Award of contracts for construction and related services for the Santa Monica Municipal Pool Replacement project - recommendatlon to authonze the CIty Manager to negotIate and execute Contract No 7590 (CCS) with Tn Max, in the amount of$348,000, for excavatIon and utility I relocatton sefV1ces, authonze the City Manager to negotlate and execute Contract No 7591 (CCS) With DMR Team, m the amount of $343,000, for construction management ServIces of the project, and authonze the City Manager to negotiate and execute an amendment to Contract No 6772(CCS) WIth Ktllefer Flammang Purtdl ArchItects, m the amount of $130,000, for arclutectural ServIceS for the project MotIon by Councdmember McKeown, seconded by Councdmember Bloom, to approve recommendation The motIon was approved by the following vote AYES Councilmembers Holbrook, Rosenstem, McKeown, Feinstein, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT I 5 September 28, 1999 I I I ORDINANCES: MERITORIOUS SIGN REVIEW BOARD STAFF ADMIN ITEMS: SOLAR WEB 1035 8-A Second reading and adoption of Ordinance No. 1956 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 9.52.250 AND AMENDING SECTIONS 9.52.120, 9.52.210 AND 9.52.230 OF THE MUNICIPAL CODE TO ESTAB- LISH A MERITORIOUS SIGN REVIEW BOARD, CRITERIA FOR DESIGNATION OF MERITORIOUS SIGNS, AND A LIMITATION ON Fll..ING PERIOD FOR SIGN ADJUSTMENT APPLICATIONS FOR NON-CONFORMING SIGNS AND TO CLARIFY THE PROCEDURES FOR ENFORCEMENT OF TlIT SIGN CODE" Motion by Mayor Pro Tern Genser, seconded by Councthnernber BloolR to adopt the ordmance, readmg by tltle only, and walVmg further readmg thereof The motlon was approved by the followmg vote AYES Councilmembers Bloom, McKeown, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor Councllmembers F emstem, Rosenstem None NOES ABSENT CounCllmember F einstem, stated for the record, that although he agrees WIth this ordmance 99%, he feels that the timing schedule has the potential of bemg less helpful and effiCIent, and more confusmg to the people who want to appeal 9-A Fabrication and installation of the Solar Web, a permanent public artwork for the South Beach - recommendatlon to authorize the CIty Manager to negotIate and execute a contract With Nancy Holt, m the amount of$195,000, to construct and mstall Solar Web at the recommended SIte On order of the Mayor, the pubhc heanng was opened The followmg members of the pubhc spoke m support of the project Laune Newman, representmg State Assembly person Shetla Kuhel, Ann Hiller, representing State Senator Tom Hayden, Elena Allen, Mark Ayres, Bruna Fmkel, Jorge Pardo, Dolores Press, Ruth Greene, Patnc1a Hoffinan, Paul Leaf, Denrus Zane, Sally Breiter, Jerry Rubm, Roger Genser, Tom Eatherton, Carl Fiacco, Cheryl Walker, Y OSS1 Govrin, Linda Sulhvan, Ian WIlhamson, Shoshana Blank, Carol Ann Konardes, Eddi W olk, Maya Emsden, Coos de Carlo, Such Branfman, Torrey Bndgmon, George MlVardos, Ron DavIs, K I Jolson, Cameron McNall, Carl Cheng, Adam Fmkel, and COOstme Hardy 6 September 28, 1999 1036 The followmg members of the pubhc spoke in opposition to the project I Peter DaVidson, Stephen Unger, Kathleen Unger, Jean Ann Holbrook, Polly Benson Brown, Emmalie Hodgm, Bob Friday, Lmda Lancaster, John Petz, Zma Josephs, Jean Sedlllos, NIck Steers, Jamar Schoesson, and R1chard Keating RECESS On order of the Mayor, the CIty CouncIl recessed at 953 pm, and then reconvened at 10 41 pm, WIth all members present SOLAR WEB (CONT'D) Considerable discussion ensued regardmg comments made by members of the pubhc, concerns voiced for and agamst, the benefits of publIc art, use of open space at the beach, safety concerns, and potentIal CIty habIltty Mohon by Counctlmember FeinsteIn, seconded by Councdmember Bloom, to continue the meeting past II 00 P m The motion was unanimously approved by V01ce vote, With all members present MotlOn by Mayor Pro Tem Genser, seconded by Counctlmember Rosenstein, to approve the recommendation The mohon failed by the follOWIng vote AYES Councilmembers Rosenstem, McKeown, Mayor Pro Tern I Genser Councllmembers Holbrook, Femstem, Bloom, Mayor o . Connor None NOES ABSENT PUBLIC HEARINGS: 10-A Recommendation to hold a public hearing, receive public input, AFFORDABLE HOUSING and approve the Draft Administrative Guidelines for the Affordable Housing Production Program. On order of the Mayor, tlus matter was contmued to October 5, 1999 RESOLUTIONS: 12-A Resolution No. 9448 (CCS) entitled: "A RESOLUTION OF PUBLIC ATTORNEYS' THE CITY OF SANTA MONICA AMENDING THli: LEGAL SUPPORT STAFF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY UNION OF SANTA MONICA AND THE PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION," was presented I 7 September 28. 1999 I I I WRITTEN COMMUNICATIONS: 1144 5th Street AFFORDABLE HOME OWNERSHIP 1037 MotIon by Councdrnember Femstem, seconded by Mayor Pro Tern Genser, to adopt the resolutIon, reading by tItle only and wmving further readmg thereof The motIon was approved by the followmg vote AYES Counctlrnembers Holbrook, RosensteIn, McKeown, Feinstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 13-A Request of Pro Se to address Council regarding use offunding for 1144 S'h Street. At the request ofMr Pro Se, thIS matter was continued to October 5, 1999 13-B Request of Pro Se to address Council requesting tbat a program be established to create affordable home ownenhip in the City of Santa Monica. At the request ofMr Pro Se, tins matter was contmued to October 5, 1999 PROPOSED 13-C Request of Pro Se to address Council regarding creating a AFFORDABLE HOUSING program to convert abandoned buildings that create a public nuisance PROGRAM or endanger public safety into affordable bousing, under existing HUD program, for use by public safety employees. At the request ofMr Pro Se, tlus matter was continued to October 5, 1999 ARTIST LIVEIWORK 13-D The request of Penny Olsen to address Council requesting review SPACES - 1012-1016 PICO and reconsideration of actions taken by the Building and Safety Department regarding ArtistlLive/Work Spaces at 1012-1016 Pieo Boulevard, was received as Ms Olsen was not present to submIt same Members of the publtc Eric Junker and Carl Cheng spoke In support of the request On order of the Mayor, the informatlOn was received and filed Staff proVided an update report on the situatIOn No formal actIon was taken 8 September 28, 1999 1038 COUNCILMEMBER ITEMS: LANDMARKS COMMISSION SOCIAL SERVICES COMMISSION ARCHITECTURAL REVIEW BOARD PROTECTION FOR CHILDREN OF DOMESTIC PARTNERS Council member Rosenstem was excused at 12 20 a m APPROVAL OF TRA VEL FUNDS 14-A Appointment to one unscheduled vacancy on the Landmarks I Commission for a term ending June 30,2002. The Mayor opened the floor for nommatlOns Mayor O'Connor nommated Ruthann Lehrer to the vacancy There being no other nommatlOns, Ms Lehrer was appointed to the vacancy by acclamatIon 14-B Appointment to one unscheduled vacancy on the Social Services Commission for a term ending June 30,2001. The Mayor opened the floor for nommations Councilmember Feinstein nominated Eleanor Blumenberg to the vacancy There bemg no other nommatlOns, Ms Blumenberg was appomted to the vacancy by acclamatlOn 14-C Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending June 30, 2001. On order of the Mayor, tlus appomtment was contmued to October 5, 1999 14-D Request of CouDcilmembers McKeown and Bloom that staff investigate providing protection for the children of new Domestic Partners in combined tenancies, equal to that provided for the Childrenl of new spouses in similar situations, and return with suggested language for Municipal Code amendments. Motion by Councdmember McKeown, seconded by Councllmember Bloom, to approve request Motion unanimously approved by VOIce vote, WIth CounCllmember Rosenstein absent 14-E Request of Council member Rosenstem to approve the use of budgeted travel funds for any Councilmember wishing to attend the Smart Growth Symposium sponsored by the California Futures Network taking place October 6,1999, in Los Angeles. Monon by CouncIlmember McKeown, seconded by Mayor Q'Connot, to approve request MotIon unanimously approved by VOIce vote, WIth Councllmember Rosenstem absent I 9 September 28, 1999 I I I PUBLIC INPUT: CLOSED SESSIONS: 1039 Member of the publIc Chuck Allord spoke tn support of code enforcement Jerry Rubtn spoke m support ofhavmg fast-food restaurants m the Tlurd Street Promenade Ron Taylor and Chnstme Schanes VOIced a complamt agamst the Pohce Department Art Castllas expressed concerns regardmg the Pollee Department Bnan Hutclnngs spoke m support of the CIty'S PEN program 16-A Public Employee Evaluations - Employee Titles: City Attorney, City Clerk, and City Manager ACTION No reportable action taken 16-B Conference with Legal Counsel - Anticipated Litigation. Number of cases: Four. ACTION Two cases heard No reportable actIon taken 16-C Conference with Legal Counsel- Existing Litigation: Michael Davis, et aI., v. City of Santa Monica, Case No. 98C00152. ACTION Not heard 16-D Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Henry Walther, Case No. SC043522. ACTION Not heard 16-E Conference with Legal Counsel- Existing Litigation: Shober v. City of Santa Monica, Case No. SS 005575. ACTION Not heard 16-F Conference with Legal Counsel- Existing Litigation: Foodmaker, Inc., v. City of Santa Monica, Case No. 88007078. ACTION Not heard to September 28. 1999 1040 ADJOURNMENT 16-G Conference with Real Estate Negotiator. I Property: 1410 Pico Boulevard City Negotiator: Mark Richter, Economic Development Manager Owners of Record: Equilon Enterprises, LLC Under negotiation: Possible acquisition of real estate property. ACTION No reportable action taken 16-H Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Personnel Director Bargaining Units: Public Attorneys' Legal Support Staff Union (P ALSSU) ACTION See item 12-A On order of the Mayor, the City Council meeting was adjourned at 1245 a m to October 5, 1999 ATTEST ~\_C'~ ~H~~ Mana M Stewart City Clerk APPROVED ~l&~l\c1?r-. - Pam O'Connor Mayor 11 September 28, 1999 I I