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M-9/14/1999 (4) 1016 CITY OF SANTA MONICA CITY COUNCIL MINUTES I SEPTEMBER 14, 1999 A regular meetIng of the Santa MOllica Cny Councll was called to order by :Mayor O'Connor at 6 20 pm, on Tuesday, September 14, 1999, at City Councll Chambers, 1685 MaIn Street Roll Call Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser CouncIlmember RIchard Bloom CouncIlmember MIchael Femstem Councllmember Robert T Holbrook Councllmember Kevm McKeown Councllmember Paul Rosenstem Also Present City Manager John Jahh City Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart INSPIRATION CLOSED SESSIONS RECONVENE/PLEDGE SPECIAL ITEMS SPECIAL JOINT MEETING A moment ofmSplfatlOn was proVided by the Proposition 4 Quartet of the Santa Monica Sweet Adehne Chorus I CLOSED SESSIONS On order of the Mayor, the City CouncIl convened at 6 20 pm, WIth all members present, and then adjourned to conSIder closed seSSIOns Action taken on closed seSSIOns was reported at the end of the meeting On order ofthe Mayor the CIty Councll reconvened at 7 16 pm, WIth all members present The LIttle League All Star Team led the assemblage m the Pledge of Allegiance 4-A Commendation to the Santa Monica Little League. On behalf of the CIty Councll, the Mayor Issued a commendatlOn to the All-Star Santa MOllica LIttle League for wmnmg the 1999 DIstrict 25 Tournament ChampIOnshIp wruch has not been won smce 1982 On order of the Mayor, the regular City CouncIl meeting recessed at 7 34 pm, and then reconvened to a Jomt meetmg With the Pubhc FInancmg Authonty 1 I September 14, 1999 I I I PUBLIC SAFETY FACILITY BONDS 1017 CC/PF A-I Recommendation to adopt resolutions authorizing the issuance of the Public Financing Authority Lease Revenue Bonds, Series 1999, for the Public Safety Facility Project and approval of related documents On order of the ChaIr, the publIc heanng was opened Member of the pubhc Joy Fullmer expressed vanous concerns MotIon by Authonty Member Femstem, seconded by Authonty Member McKeown, to adopt ResolutIon No 02 (PF A) entItled "A RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A GROUND LEASE, A LEASE AGREEMENT, AN INDENTURE AND AN ASSIGNMENT AGREEMENT IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS, SERIES 1999, AUTHORIZING THE ISSUANCE OF SUCH BO~1)S IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000, AUTHORIZING THE PUBLISHING OF A NOTICE OF INTENTION TO SELL, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL NOTICE INVITING BIDS AND AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS," reading by title only and WaIvrng further readmg thereof The motion was approved by the followmg vote AYES Authonty Members Holbrook, Rosenstem, McKeown, FeinsteIn, Bloom, Charr Pro Tern Genser, Chair O'Connor None None NOES ABSENT MotIon by Councllmember Femstem, seconded by CouncIlmember McKeown. to adopt Resolution No 9435 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A GROUND LEASE, A LEASE AGREEMENT, AN INDENTURE AND AN ASSIGNMENT AGREEMENT IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS, SERIES 1999, AUTHORIZING THE ISSUANCE OF SUCH BONDS IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000, AUTHORIZING THE PUBLISHING OF A NOTICE OF INTENTION TO SELL, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL NOTICE INVITING BIDS AND AN OFFICIAL 2 September 14, 1999 1018 SPECIAL JOINT MEETING: DOWNTOWN PARKING STRUCTURES STATEMENT IN CONNECTION WITH THE OFFERING AND SALE I OF SUCH BONDS AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS," readIng by title only and waIVIng further readIng thereof The motion was approved by the follOWIng vote AYES CouncIlrnember Bloom, Feinstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT MotIOn by Counctlmember Femstem, seconded by Councilmember Bloom, to approve the budget changes set forth n the staff report The motIOn was approved by the followmg vote AYES CouncIlmembers Holbrook, Rosenstem, McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT On order ofthe ChairlMayor, the speclaljOmt meetmg of the Pubhc Fmancmg Authonty and the City CouncIl adjourned at 7 42 P m I On order ofMayor/Chatr O'Connor, a special jomt meetmg ofthe City Councll and the Redevelopment Agency was convened at 7 42 pm, With all members present CC/RA-l Feasibility Study of Seismic Retrofit of Downtown Parking Structures and reimbursements of cost - recommendation for CIty Council to authorize the CIty Manager to negotiate and execute a professlOnal services contract WIth Integrated Design Services, Inc , m an amount not to exceed $84,000, to conduct a feaSIbility study of seismIC retrofit, and recommendatlOn that City CouncIl and Redevelopment Agency approve the Retmbursement Agreement for the costs of the study On order of the Mayor/Chair, the pubhc hearmg was opened Members of the pubbc Joy Fuller and Buan Hutchmgs expressed vanous concerns Motion by Mayor Pro Tern Genser, seconded by Councilmember Feinstem, to authorize the CIty Manager to negotiate and execute Contract No 7573 (CCS) With Integrated DeSign ServIces, Inc, as recommended The motlon was approved by the followmg vote I 3 September 14, 1999 I I I 1019 AYES CouncIlmembers Holbrook, Rosenstem, McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT MotIOn by Agency Member Rosenstein, seconded by Agency Member Femstem, to authorize the Executive Director to execute ReImbursement Agreement No 7587 (CCSIRAS), as recommended The motIOn was approved by the followlllg vote AYES Agency Members Holbrook, Rosenstem, McKeown, Femstem, Bloom, ChaIr Pro Tern Genser, Chair O'Connor None None NOES ABSENT On order of the ChaIr/Mayor, the specIal Jomt meetmg adjourned at 7 49 pm, to the regular City Council meeting, with aU members present CONSENT CALENDAR: The Consent Calendar was presented, whereby all Items are conSIdered and approved m one motion unless removed from the calendar for dISCUSSIon Members of the public Joy Fullmer and Bnan Hutchmgs addressed vanous Items on the agenda At the request of CouncIlmember Bloom, Item 6-L was removed from the Consent Calendar At the request of Counctlmember F em stem, Item 6- G was removed from the Consent Calendar At the request of Counctlmember McKeown, Items 6-H and 6-J were removed from the Consent Calendar MotIOn by Counctlmember F emstem, seconded by Counctlmember Bloom, to approve all other items on the Consent Calendar, mcluding the mmutes of June 29, 1999, as amended, readmg resolutions and ordmances by tItle only and WaIving further readmg thereof The motlon was approved as follows AYES Counctlmembers Holbrook, Rosenstem, McKeown, Femstein, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT MINUTES 6-A The minutes of June 29 as amended, July 6, and July 13, CIty CouncIl meetmgs, were approved 4 September 14, 1999 1020 EARTHQUAKE RECOVERY CLOVERFIELD IMPROVEMENTS COMPUTER WORKSTA TIONS 6-B Earthquake Recovery Resolution - ResolutlOn No 9436 (CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted I 6-C Contracts for construction and management services of the Cloverfield Boulevard Improvements and appropriation of funds - recommendatIon to authoriZe the CIty Manager to negotIate and execute Contract No 7574 (CCS) With Gnffith Company, III the amount of $2,572,748, for the constructlOn of the improvements, recommendation to authorize the City Manager to negotiate and execute Contract No 7575 (CCS) WIth Hams & ASSOCIates, III the amount of $406,760, for construction management selVlces, and, recommendatIon to appropnate additIOnal funds in the amount of$I,80I,224 from the Traffic MittgatIOn funds as proposed in the staff report, was approved 6-D Purchase of fifty mobile computer workstations for the Police Department and notification to Council of exception to policy regarding conducting business with firms doing business in or with Burma - recommendation to authonze the City Manager to negottate and execute Contract No 7576 (CCS) WIth Motorola, III the amount of $600,000, to provide fifty mobile workstatiOns and related sefVlces for the I Pollee Department, and notificatIon of exceptIon to ResolUTIon No 8966(CCS) regarding conducting business with firms doing business m or WIth Burma, was approved SEWER MAIN REPAm 6-E. Contracts for repair of earthquake-damaged sewer mains and for construction management and inspection services - recommendation to authonze the CIty Manager to negotIate and execute Contract No 7577 (CCS) With Preussag PIpe RehabIlItatIOn, Inc, III the amount of $4,392,912, for repalf of earthquake-damaged sewer mams in 19th Court to Centinela Avenue between Washmgton and Colorado Avenues, recommendatiOn to authonze the CIty Manager to negotIate and execute Contract No 7578 (CCS) With ASL Consulttng Engineers, m the amount of $417,800, for constructJ.on management and inspectIOn sefVlces of the project, and, recommendation to approve the use of funds as proposed m the staff report, was approved I 5 September 14. 1999 I I I PIER SEWER DRAIN PARCEL MAP - 838 10TH PREFERENTIAL PARKING ZONE UU MCDONALD'S - 1540 SECOND STREET 1021 6-F Contract amendment for relocation of sewer line at the Santa Monica Pier Storm Drain - recommendation to authonze the City Manager to negotIate and execute an amendment to Contract No 6939(CCS) WIth CDS TechnologIes. Inc, m the amount of $135,000, to relocate the sewer lme unpedmg mstallatlon of the stormwater filtratIOn umt at the Pier Storm Dram, and recommendatIon to appropnate $145,000 from the Wastewater Fund balance, was approved 6-1 Resolution No. 9437 (CCS) entItled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 25276 FOR A 4~UNIT CONDOMINIUl\'1 PROJECT AT 838 TENTH STREET," was adopted 6-K The adoption of negative declaration and of Resolution No. 9438 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING PREFERENTIAL PARKING ZONE UU ON YORKSHIRE AVENUE BETWEEN EXPOSITION BOULEVARD AND DELAWARE A VENUE AND AMENDING RESOLUTION 9344(CCS)~ AND AMENDING RESOLUTION NO. 9344(CCS) BY REPLACING EXHmrr A," and to approve the budget adjustments as proposed m the staff report, was approved 6-G Contract for preparation of Environmental Impact Report (EIR) on the McDonald's Mixed Use Project located at 1540 Second Street - recommendatIon to authonze the City Manager to negotIate and execute Contract No 7579 (CCS) WIth Impact SCiences, Inc, m the amount of $83,170 to be receIved from the applIcant, for the preparatIon of an EIR for the proposed McDonald's MIxed Use ProJect, was approved Councllmember F emstem requested mformatIon regardmg the need for a future text amendment Staff proVIded the mformatIon Motton by Councdmember Femstem, seconded by Counctlmember Bloom, to approve the recommendation The motIon was approved by the followmg vote AYES Counctlmembers Holbrook, McKeown, Feinstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor Councllmember Rosenstem None NOES ABSENT 6 September 14, 1999 1022 COMPUTER REPLACE- MENTPROGRAM 6-H Purchase, installation and maintenance of microcomputers and I printers in connection with the City's computer equipment replacement program - recommendatIOn to authonze the CIty Manager to negotiate and execute Contract No 7590 (CCS) wIth Gateway Compames, Incorporated, m the amount of$2,041,312, and Contract No 7581 (CCS) WIth Wareforce, Incorporated, m the amount of$128,450, for the purchase, installatIOn and mamtenance of mIcrocomputers and printers for a penod of three years for the scheduled replacements of City computers and pnnters on a three-year cycle, was approved Councllmember McKeown stated he was gomg to support tills request, but WIshed to express ills concern regardmg the City'S policy of purchasmg computers willch are all of one kmd, and that as a mono culture, mtght subsequently become vulnerable to a virus MotIon by Councdmember McKeown, seconded by Councllmember Bloom, to approve the recommendatIOn The motIon was approved by the followmg vote AYES NOES ABSENT Councllmembers Bloom, F emsteln, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor Nooe I None CROSSW ALK Il\11PROVE- 6-J Construction drawings and specifications for crosswalk, median MENT PROJECT and parking improvement projects on Montana Avenue, Neilson Way, Ocean A venue, Barnard Way and other locations - recommendatIon to authonze the CIty Manager to negotIate and execute Contract No 7582 (CCS) WIth Berryman & Herugar, 10 the amount of$350,000, to prepare constructIon drawmgs and speCIficatIOns for crosswalk and medtan improvements on Montana Avenue, NeIlson Way, Ocean Avenue and Barnard Way, and parkmg improvements at Lot 9 and other locations, and, authorIZe the City Manager to negotIate and execute Contract No 7583 (CCS) WIth CBM Consultmg, Inc, m the amount of $225,000, to prOVide project and construction management services for the project, was approved Councdmember McKeown commended staff on the work done m vanous parts of the CIty that have reduced the speed of automobIles 7 September 14.1999 I I I I REWARD FOR INFORMATION ON COMMISSION OF HOMICIDE ORDINANCES: 1 % BIDDING PREFERENCE 1023 Councilmember McKeown, seconded by Councumember F em st em., to approve recommendatIOn The motIon was approved by the followmg vote AYES Councumembers Bloom, Femstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tem Genser, Mayor O'Connor None None NOES ABSENT 6-L The recommendation to authorize a $25,000 reward as an incentive to provide information or evidence to the Police Department which may lead to the arrest and conviction of persons responsible for a violent homicide committed on November 8,1996, was approved In response to Councllmember Bloom's request, Pohce Department staff proVlded a status report on the case m question Motion by Councilmember Bloom, seconded by Councilmember McKeown, to approve the recommendation The motion was approved by the followmg vote AYES Councilmembers Bloom, FeinsteIn, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 8-A Second reading and adoption of Ordinance No. 1951(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF THE MUNICIPAL CODE TO PROVIDE A 1% BIDDING PREFERENCE FOR SANTA MONICA BUSINESSES." (Introduced August 10, 1999) Motion by CouncIlmember Femstem, seconded by Councllmember McKeown, to adopt the ordinance, readmg by tItle only and walvmg further readmg thereof The mOTIon was approved by the followmg vote AYES Councilmembers Holbrook, McKeown, FemsteIn, Bloom, Mayor Pro Tern Genser, Mayor O'Connor Counctlmember Rosenstem None NOES ABSENT 8 September 14, 1999 1024 EXCLUSION TO MORATORIUM USE OF SICK LEAVE PEACE OFFICER TRAINING PROGRAM 8-B Second reading and adoption of Interim Ordinance No. 1952 I (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXCLUDING TENTATIVE TRACT MAPS AND TENTATIVE PARCEL MAPS SUBMITTED ON OR BEFORE MAY 25,1999, FROM THE MORATORIUM ON MULTI-FAMILY RESIDENTIAL DEVELOPMENT IN THE CITY'S MULTI-FAMILY RESIDENTIAL DISTRICTS." (Introduced August 10, 1999) MotIon by Counctlmember FeInstem, seconded by Councllmember Bloom, to adopt the ordinance, reading by tItle only and waiVIng further readmg thereof The motIon was approved by the follOWIng vote AYES Counctlmembers Bloom, Feinstem, McKeown, RosensteIn, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 8-C Second reading and adoption of an ordinance amending the sick leave provisions of the Municipal Code to ddete the restriction on use of sick leave for work-related 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. I (Introduced August 17, 1999) MotiOn by Counctlmember Bloom seconded by CouncJlrnember Holbrook to adopt the ordinance, readmg by tttle only and wmvmg further readmg thereof The motIon was approved by the follOWIng vote AYES Counctlmembers Holbrook, Rosenstein, McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayo O'Connor None None NOES ABSENT 8-D Second reading and adoption of Ordmance No. 1954 (CCS) entitled: "AN ORDINANCE OF mE CITY OF SANTA MONICA TO ALLOW PUBLIC SAFETY DISPATCRRRS TO PARTICIPATE IN THE PEACE OFFICER STANDARDS AND TRAINING PROGRAM." (Introduced September 7, 1999) I 9 September 14, 1999 OBLIGATION BONDS - LmRARY IMPROVEMENT PERS CONTRACT AMENDMENT 1025 MotIon by Counctlrnernber Bloom, seconded by Counctlmember F emstem, to adopt the ordinance, reading by tttle only and watving further readmg thereof The motion was approved by the follOWing vote AYES CouncIlrnembers Bloom, Femstem, McKeown, Rosenstein, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 8-E Introduction and adoption of Ordinance No. 1955 (CCS) entitled: "AN ORDINANCE OF'fI{li: CITY OF SANTA MONICA SETIING THE FY 1999-00 TAX RATE FOR THE 1990 MAIN LIBRARY IMPROVEMENTS PROJECT GENERAL OBLIGATION BONDS." Motion by Counetlmember McKeown seconded by Counctlmember F emstein. to adopt the ordmance, readmg by title only and waiving further reading thereof The motIon was approved by the followmg vote AYES Counctlmembers Holbrook, Rosenstein, McKeown, Femstein, Bloom, Mayor Pro Tern Genser, Mayo O'Connor None None NOES ABSENT 8-F Approval of Agreement No. 7584 (CCS), adoption of Resolution of Intention No. 9439 (CCS) endded: "A RESOLUTION OF THE CITY OF SANTA MONICA TO AMEND CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) AND THE CITY," and introduction and first reading of an ordinance entided: "AN ORDINANCE OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF CALPERS." MotIon by Counctlmember Rosenstem, seconded by Councilmember Femstem, to approve agreement, adopt the resolutIOn, readIng by title only and WaIving further readIng thereof, and mtroduce and hold first reading of the ordInance, reading by tItle only and WaIvmg further reading thereof The motIon was approved by the followmg vote AYES Councilmembers Bloom, Femstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 10 September 14, 1999 1028 PEN NEWSLETTER RECESS 820 BROADWAY - PROPOSED HOMELESS SHELTER Councllmember Rosenstem was excused at 1 J 40 P m COUNCILMEMBER DISCUSSION ITEMS: INSTANT RUN-OFF VOTING l3-B The request of Brian Hutchings to request that Council direct staff to publish a PEN-related newsletter, was presented On order ofthe Mayor, Mr Hutchmgs was ruled out of order because hIS verbal request was different m nature than hts wntten request, and upon Mr Hutchtng's dtsruptlon of the Counctl meeting On order of the Mayor, the CouncIl recessed at 11 11 pm, to allow Mr Hutchmgs to leave Council Chambers, and reconvened at 11 20 P m WIth all members present 13-C The request of Carissa Drucker and Jeff Mirkin to address Council to request that an alternate location be found for a proposed homeJess sheJter to be Jocated at 820 Broadway, was presented The followmg members of the pubhc spoke m support of the request and expressed concerns about the pubbc process Scott Kelso, John Kelso, Chuck Allard, Steven Kraves, Paul Messick, Igal Treibatch, Ron Shotola, Buddy Turney, Lee Roth, Bradley Cooper, David Cole, and Clyde Smith Randy Walburger spoke m support of homeless servIces John Macen. Executive Drrector of Ocean Park Commumty Center (OPCC), c1anfied the process used to date m locating space for OPCC and expressed the orgarnzatIOn's sensItlVIty to the reSidents Jerry Rubm spoke m support of the relocatIon and a workable solutIon DISCUSSIon ensued regarding the concerns expressed by members of the public, the need for OPCC to relocate, and the need to proVide servtces to the homeless No formal actIon was taken on this matter On order of the Mayor, the mformation was recelVed and filed l4-A The request from Mayor O'Connor and Councilmember Feinstein that Council give staff direction to broaden the direction for the Instant Run-OtTVoting (IRV) Workshop~ to include how this kind of voting system could be used for multi-seat rac:es, as well as for single seat races, was presented Members of the public Donald Gray and Bnan Hutchtngs spoke m support of the request Motion by Counctlmember Femstem, seconded by Mayor Pro Tern Genser. to approve request The motIOn was unanImously approved by VOIce vote, with Counctlmember Rosenstein absent 13 September 14, 1999 I I I CLOSED SESSIONS: PUBLIC INPUT ADJOURNMENT 1029 On order of the Mayor, the City Attorney reported on action taken on closed sessions 16-A Conference with Legal Counsel- Existing Litigation: Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007 078. ACTION No reportable actIOn taken 16-B Conference with Legal Counsel- Existing Litigation: Karl Schober v. City of Santa Monica, et al.~ Case No. SS 005 575. ACTION No reportable actIOn taken 16-C Conference with Legal Counsel - Anticipated Litigation. Number of cases: Four ACTION No reportable actlon taken 16-D Conference with Real Estate Negotiator. Property: 1410 Pico Boulevard City Negotiator: Mark Richter Owners of Record: Equilon Enterprises, LLC Under negotiation: Possible acquisition of real estate property ACTION No reportable action taken Member of the pubhc Jerry Rubm spoke m support ofretammg the food court restaurants m the Tmrd Street Promenade Art CaSillas expressed concerns regardmg police department activities Brian Hutchings expressed vanous concerns On order of the Mayor, the City Counctl meetmg was adjourned at 1240 am, to the meeting of September 28, 1999 ATTEST ~ k F-~-}- Mana M Stewart CIty Clerk APPROVED '- -:j)t/l'V\ {'Yi}, I Pam O'Connor I Mayor 14 September 14, 1999