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M-8/10/1999 (2) 982 CITY OF SANTA MONICA I CITY COUNCIL MINUTES AUGUST 10~ 1999 A regular meetmg of the Santa Moruea City CouncIl was called to order by Mayor O'Connor at 620 pm, on Tuesday. August 10, 1999, 1999, at City CouncIl Chambers, 1685 Mam Street Roll Call Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser Councllmember MIchael Femstem Councllmember Roben T Holbrook CouncIlmember Kevm McKeown Councilmember Paul Rosenstein Absent Councllmember RIchard Bloom Also Present CIty Manager John Jahh City Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart CLOSED SESSIONS CLOSED SESSIONS On order of the Mayor, the CIty CouncIl convened I at 6 20 pm, with Councilmember Bloom absent, and then adjourned to consIder closed seSSIons ActIon taken on the closed seSSIOns was reported at the end of the meetmg RECONVENEIPLEDGE On order of the Mayor the City Counell reconvened at 7 21 pm, wIth Couneilmember Bloom absent Councilmember McKeown led the assemblage m the Pledge of Allegiance CONTINUED ITEMS 5-A Annual and unscheduled vacancy appointments to the following board and commission vacancies: (Continued from July 20,1999) Arts CommISSIOn - 1 term ending June 30,2003 BaysIde DIstnct CorporatIon - 2 terms endmg June 30, 2002 L A Co West Vector Control Distnct - 1 term ending December 31, 2000 At the request ofCounctlmemher McKeown, the Arts ConumssIOn's vacancy was contmued to a meetmg when all Counctlmembers are present I 1 August 10, 1999 I I I CONSENT CALENDAR: MINUTES EARTHQUAKE RECOVERY 1525 EUCLID 983 At the request of Co un cd member Femstem, the Bayslde Dlstnct CorporatlOn and West Veetor Control vacanCIes were contmued to August 17,1999 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 pubhc Joy Fullmer, Chuck Allord, and Bnan Hutchmgs addressed vanous Issues relatIve to Consent Calendar Items At the request of Co un cd member Holbrook, Item 6-D was removed from the Consent Calendar At the request of Councdmember McKeown, Items 6-G and 6-1 were removed from the Consent Calendar Mobon by Councdmember Femstem, seconded by Councdmember McKeown, to approve all Items on the Consent Calendar as presented, readmg resolutIons and ordmances by title only and waIvmg further readmg thereof The motlOn was approved by the followmg vote AYES Councdmembers Holbrook, Rosenstem, McKeown, Femstem, Mayor Pro Tem Genser, Mayor O'Connor None Councdmember Bloom NOES ABSENT 6-A The minutes of the June 1, June 2, and June 8, 1999, CIty Councd meetmg, were approved as subnutted 6-B Earthquake Recovery ResolutIOn - Resolution No 9425 (CCS) (CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THF. EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 6-C Resolution No 9426 (CeS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING A WAIVER OF BIDDING REQUIREMENTS FOR THE CONSTRUCTION OF A COMMUNITY SPACE AT 1525 EUCLID STREET PURSUANT TO MUNICIPAL CODE SECTIONS 2.24.071(d)(1) AND 2.24.071(d)(3)," was adopted 2 August 10, 1999 984 OCTOBERFAIR 5-K RUN 6-E ResolutIOn No 9427 (CCS) enntled "A RESOLUTION OF mE I CITY OF SANTA MONICA AUTHORIZING ST. MONICA'S CHURCH TO CONDUCT THE OCTOBERFAIR 5K RACE ON SEPTEMBER 25, 1999, ON A ROUTE OTHER THAN ONE OF THE OFFICIAL CITY ROUTES AND WAIVING THE FEE FOR THE RACE," was adopted VENICE CHRISTMAS 5/10-K RUN REVIEW AND INSPECTION SERVICES 6-F ResolutIOn No 9428 (eeS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING HARVEST HO~IE TO CONDUCT THE 22:\-0 ANNUAL CHRISTMAS VENICEIMARINA 5/10K RUN ON DECEMBER 11, 1999, ON A ROUTE OTHER THAN ONE OF Tlf~ OFFICIAL CITY ROUTES AND WAIVING THE FEE FOR THE RACE," was adopted 6-H Contract for provision of plan review and inspection services, and contract for temporary inspection and engineering staff - recommendatIOn to authonze the City Manager to negotiate and execute Contract No 7560 (CCS) with ICBO and Contract No 7561 (eeS) ESGll CorporatIOn, m the cumulative amount of$250,000, to provide plan review and inspection servJ.ces, and Contract No 7562 (eeS) With W1l1dan & ASSOCiates, m the amount of$150,000, to proVide temporary mspectlon and engmeering staff for the Buddmg and Safety Dlvision, was approved I SEWER DRAIN PROJECT6-J Contract for repair of earthquake-damaged sewer drains in various City locations - recommendatIOn to authonze the City Manager to negotiate and execute Contract No 7563 (CCS) With Preussag Pipe RehabilitatlOn, Inc, m the amount of$1,667,568, for repair of sewer mams m 21 !It Place to 26th Street between San Vicente and W ashmgton Avenue, and in Princeton Street to Centinela Avenue between Montana and Anzona Avenues, recommendation to authonze the City Manager to negotlate and execute Contract No 7564 (CCS) With Harns & ASSOCiates, m the amount of$320,870, to proVide construction management and mspectIon sefV1ces for the project, and, recommendation to approve the use of funds as proposed m the staff report, was approved CULTURAL ARTS GRANT PROGRAM 6-D The proposed FY 2000-2003 Funding Criteria for the Santa Monica Cultural! Arts Organizational Support Grant Program was presented Staff answered questiOns of CouncIlmember Holbrook regardmg the fundmg MotIOn by councllmember Holbrook, seconded by Counci1member McKeown, to approve staff recommendation The motion was unarumously approved by voice vote. With councllmember Bloom absent 3 I August 10, 1999 I I I TRAFFIC CONTROL DEVICE INVENTORY PROGRAM CONGESTION MANAGEMENT PROGRAM ORDINANCES: MONTANA AREA DEVELOPMENT STANDARDS 985 6-G Contract for development and preparation of computerized traffic control devices inventory and maintenance management program - recommendatIon to authonze the City Manager to negotIate and execute Contract No 7559 (CCS) WIth Echelon Industnes, In an amount not to exceed $100,000, to develop and prepare a computenzed traffic control devices Inventory and mamtenance management program, was approved 6-1 Resolution No. 9429 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA FINDING THF. CITY TO BE IN CONFORMANCE WITH TlIT CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTA TION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089," was adopted 8-A Introduction and adoption of Emergency Ordinance No. 1950 (CCS), entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE MUNICIPAL CODE, RELATING TO THE DEVELOPMENT STANDARDS FOR PARCELS IN THE R-l DISTRICT AREA BOUNDED BY MONTANA A VENUE, THE NORTHERN CITY LIMITS, 26TH STREET, AND OCEAN AVENUE, AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented On order of the Mayor, the pubhc heanng was opened The follOWIng members of the pubhc spoke In favor of the ordmance Mary Hubber, Wilham Creber, DIego Sanchez-Ehz, Chuck Allard, Dee Shoh, Bob Pasek, Susan BeIsberg, Maro Jo Stenger, Darrell Clark, Caldecott Chubb, VIctor Fresco, Dons Sosm, and Laune Nafshur The follOWIng members of the pubhc spoke agamst the proposed ordInance Patrick Farrell, Gordon Devol, MIchael Natrn., Paul Morrow, and Mark Kramer The followmg members of the pubhc expressed vanous concerns, mcludmg but not limited to, the need for an emergency ordInance, parking, need for fleXIbIhty of standards, suggested modtficatIons, enforcement, SIde yards, and set backs Randy Smenberg, John Jurenka, RIchard SIllith, Y ousef J alall, Tom KaIser, Norm Peterson, J Charles, Ene Parlee, Jean SedI1los, Gary Torpy, ChffGoldstein, and Joy Fullmer 4 August 10, 1999 986 Motion by councilmember McKeown, seconded by Mayor Pro Tern Genser, I to mtroduce and adopt the ordinance, reading by tItle only and WRlvmg further readmg thereof DIscussion ensued regardmg defirutlOns of front yards, back yards and setbacks, and the exception language contRlned m the proposed ordInance relatIve to excavatIon The City Attorney prOVided language to clanfy the proposed exception language MotIon to amend by Mayor Pro Tern Genser, to change the last sentence on page 14 of the proposed ordmance to read However, In the area bounded by Montana A venue, the northern elfy lImits, 2(Jh Street and Ocean A venue, no excavatIOn for a dnveway, stam-fay, doorway, light-well, It'mdow-', or other such element to a subterranean or semi-subterranean garage or basement shall be permlfted lfl the front yard setback area; this provision may not be modified by the Architectural Review Board The motion to amend also mcludes the change ofthe word "vertical" to "honzontal" on page 12 of the proposed ordmance The amendment was accepted as fuendly by the maker of the motIon It was the consensus of CouncIl that the motion also includes correctlOns proposed by staff, mamly on page 11, the phrase" or, If there IS an al1eY'1 from the alley centerline "be deleted from the last sentence, and on pag 12, the last sentence, "In no case, however, shall the required mmnnum setback on one SIde be greater than 15 feet " also be deleted Mobon by Councllmember Rosenstem, to mtroduce and hold first reading of tlus ordinance, and not adopt as an emergency ordmance but adopt on second readmg at the next Council meetmg The motIOn died for lack of a second The mam motIon was approved by the followmg vote AYES Counctlmembers Femstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None Councilmember Bloom NOES ABSENT RECESS On order of the Mayor, the City CouncIl recessed at 1004 pm, and reconvened at 10 31 pm, With Councdrnember Bloom absent 5 I August 10, 1999 I I I 1 % BIDDING PREFERENCE MORATORIUM ON MUL TI-FAMIL Y CONSTRUCTION EXCLUSION 987 8-B Introduction and first reading of "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." On order of the Mayor, the pubhc heanng was opened Members of the public Joy Fullmer and Bnan Hutclnngs expressed vanous concerns Motion by Counctlmember Femstem, seconded by Councllmernber McKeown, to mtroduce and hold first readmg of the ordInance, readmg by tItle only and WaIVIng further readIng thereof The motIon was approved by the followmg vote AYES Councllmembers Holbrook, McKeown, FeInstem, Mayor Pro Tern Genser, Mayor O'Connor Councdrnember Rosenstem Councilmember Bloom NOES ABSENT 8-C Introduction and first reading of an interim ordinance amending the moratorium on multi-family construction to exclude tentative tract maps and tentative parcel maps submitted on or before May 25,1999. On order of the Mayor, the pubhc heanng was opened Ken Kutcher, on behalf of a client, spoke in support of allowing hearings on the ments of a project R Wnght expressed vanous concerns MotIon by Counctlmember FeInstem, seconded by Councllmember McKeown. to introduce and hold first reading of the ordmance, readIng by title only and waivlng further reading thereof, amended to delete on page 2 of the proposed ordinance the phrases "development reVIew permits" and <<condItIOnal use permIts " The motIon was approved by the followmg vote AYES Councllmembers Feinstein, McKeown, RosensteIn, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None Councllmember Bloom NOES ABSENT 6 August 10, 1999 988 STAFF ITEMS: 9-A Contract for construction for the Sunset Park and Mid-City I SUNSET PARK TRAFFIC Neighborhood Traffic Improvements, appropriation of funds, and IMPROVEMENTS contract amendment for design support services for the project- recommendatton to authonze the City Manager to negottate and execute a Contract No 7565 (CCS) WIth PInta CorporatIOn, In the amount of $1,117,500, for the construction traffic Improvements, authonze the City Councllmember Holbrook Manager to negotIate and execute an amendment to Contract No was excused at 10'56 pm. 6609(CCS) WIth Katherme SpitZ AsSOCiates, m the amount of $45,000, for deSign support services dunng construction of the Improvements, and, appropnate $387,680 from the General Fund as proposed Councllmember Holbrook recused htmselffrom thts matter at 10 56 pm, due to a potential confhct of mterest Motion by Counctlmember Femstem, seconded by Mayor Pro Tern Genser, to contmue the meetmg past 11 00 P m The motIon faded With Counctlmemher Rosenstem and Mayor Pro Tern Genser votmg agamst, and Counctlmembers Bloom and Holbrook absent Motion by Mayor O'Connor, seconded by Mayor Pro Tern Genser, to contmue the rneetmg through the end of tlus matter and then diSCUSS the remamder of the agenda The motion was approved by VOIce vote, WIth I Counctlmembers Bloom and Holbrook absent On order ofthe Mayor, the pubhc heanng was opened Ron Roose spoke m support of the project Bob Holbrook spoke ill favor of addressmg blcychsts' safety when constructmg the project Bnan Hutchmgs and R Wnght expressed vanous concerns Motton by Mayor Pro Tern Genser, seconded by Counctlmember F einstem., to approve recommendatIon The motton was approved by the followmg vote AYES Counctlmembers Rosenstem, McKeown, Femstem, Mayor Pro Tern Genser, Mayor O'Connor None Counctlmernbers Bloom, Holbrook NOES ABSENT I 7 August 10, 1999 I I I DISCUSSION ON REMAINING AGENDA ITEMS Counctlmember Holbrook returned at 11 15 P m PUBLIC HEARINGS: V ACA TION OF PROPERTY WRTITEN COMMUNICATIONS: DOG PARKS 989 Discussion ensued as to the Items remmmng on the agenda, the amount of tIme needed to address the Items, and the number of written requests from members of the pubhc MotIon by Mayor Pro Tern Genser, seconded by Mayor O'Connor, to hear the CouncIl appointments to boards and C01l11ll1SS10nS as a 5-1tem at the next CouncIl meetmg, that Council hear Item 13-A and 13-C, to consohdate and hear Items 14- A, B and C, and, to hear Item 10- A The motIon was unammously approved by vOIce vote, Wlth Councdmember Bloom absent lO-A Public hearing for proposed vacation at Wilshire Place and 15th Court and resolution ordering vacation of property - recommendatlOn to hold a pubhc heanng and receIve public comment on proposed vacatIon, and to adopt Resolutlon No 9430 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF EXCESS STREET RIGHT-OF-WAY AND PUBLIC SERVICE UTILITY EASEMENTS IN WILSHIRE PLACE SOUTH AND ISIH COURT ALLEYS IN THE CITY OF SANTA MONICA" On order of the Mayor, the pubhc heanng was opened Suzanne Wtlton spoke In support of the project MotIon by Mayor Pro Tern Genser, seconded by Councilmember Femstem, to approve staff recommendatIon and adopt the resolution reading by tale only and waJvmg further readmg thereof The motIon was approved by the followmg vote AYES CounCllmembers F emstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None Counctlmember Bloom NOES ABSENT I3-A The request of Roger Jon Diamond to address Council and request to terminate the dog park on Main Street and Pacific was presented. The folloWlng members of the public spoke in opposItIon to the request Liz Carranza, Stepharue Spehopoulous, Janelle MIchel, Josh Grossberg, and Paul Hellerman On order of the Mayor, the request was receIved and filed No formal actIon was taken 8 August 10, 1999 990 SANTA MONICA AIRPORT 24-HOUR PARKING PREFERENTIAL PARKING ZONE VIRGINIA PARK ADVISORY BOARD INDUSTRIAL POLICY 13-B Request of Brian Hatton to address Council regarding jet traffic I at the Santa Monica Airport and requesting legislation to protect the health of affected residents . On order of the Mayor, tills matter was contmued to August 17, 1999 13-C The request of Gary Bonhart, George Hess, et al., to address Council requestmg 24-hour permit parking on the west side of Ocean Avenue, north of California, and to request that hotels provide parking for their employees, was presented. Members of the pubhc Chuck Allord, Elbot Anderson, DaVid Shermerhar, Eugene Hess, Danae Torn, and ~fmam Rothman spoke in support of the request On order of the Mayor, staff was dIrected to analyze OptIOns and return to CouncIl WIth an mformatlon Item 13-D Request of Corky Harvey and Wendy Haldeman requesting Council discuss the effects of parking restrictions resulting from Preferential Parking Zone S8 in order to arrive at a fair solution for residents and businesses within the area and the immediate vicinity. I Members of the pubhc Janet McLaughlIn and Brenda Sutter-Wtlhs spoke m support of the request On order of the Mayor, due to the lateness of the hour, tills matter was contInued to August 17. 1999 13-E 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. On order of the Mayor, tlus matter was contJnued to August 17, 1999 13-F Request of Brian Hutchings to address Council regarding establishing an industrial policy. On order of the Mayor, tlus matter was contInued to September 7, 1999 I 9 August 10, 1999 I I I PEN NEWSLETTER SCHOOL CLASS SIZE SPECIAL FIREWORKS DISPLAY SITE FOR DANCE CLASSES COUNCILMEMBER ITEMS: RESIGNATIONS 991 13-G Request of Brian Hutchings to request that Council direct stafT to publish a PEN-related newsletter. On order of the Mayor, tIns matter was contmued to September 14, 1999 13-H Request of Bnan Hutchings to address Council regarding school class-size reductions and the construction of Belmont High School. On order of the Mayor, tIns matter was contmued to August 17, 1999 13-1 Request ofW. Gregory Montgomery requesting permission for a special post-wedding fireworks display on August 28, 1999. On order of the Mayor, tlus matter was contmued to August 17, 1999 13-J 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. On order of the Mayor, tlus matter was contmued to August 17, 1999 On order of the Mayor, the followmg three ltems were heard as one 14-A Recommendation to accept Mary Kay Hight's letter of resignation from the Landmarks Commission and authorization to the City Clerk to publish the vacancy. 14-B Recommendation to accept Jose Sigala's letter of resignation from the Social Services Commission and authorization to the City Clerk to publish the vacancy. 14-C Recommendation to accept Susan White's letter of resignation from the Architectural Review Board and authorization to the City Clerk to publish the vacancy. Motion by Councdmember McKeown, seconded by Councdmember Femstem, to accept the letters ofreslgnatlOD, With regrets Mohon unammously approved by VOIce vote, WIth Councllmember Bloom absent 10 August 10, 1999 992 APPOINTMENTS PUBLIC INPUT: CLOSED SESSIONS: 14-D Appointment to one unscheduled vacancy on the Commission onl Older Americans for a term ending June 30, 2001. On order ofthe Mayor, tlns matter was contInued to August 17, 1999 as a 5-ltem 14-E Appointment to one unscheduled vacancy on the Pier Restoration Corporation for a term ending November 10, 1999. On order ofthe Mayor, tlns matter was contmued to August 17, 1999 as a 5-ltem Member of the pubhc Brett Svatek spoke regarding parkIng problems In hIs neighborhood Chuck Allard spoke regardmg enforcement Issues Art Casillas spoke regardmg the Vlrglma Avenue Park AdVlsory Board 16-A Conference with Legal Counsel- Existing Litigation: Marc Miskey v. City of Santa Monica, Case No. CV 97- 4325. Tlns matter was not heard 16-B Conference with Legal Counsel - Existing Litigation: Brett Carr I 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). No reportable actton was taken 16-C Conference with Legal Counsel- Existing Litigation: John Recine v. City of Santa Monica, Case No. SC 052 - 376. Tlns case was not heard 16-D Conference with Legal Counsel- Anticipated Litigation. Number of cases: Five. No reportable actIon was taken I 11 August 10, 1999 I I I ADJOURNMENT 993 16-E Conference with Real Property Negotiators: Property: 820 Broadway City Negotiators: Jeff Mathieu, City representative Owners of Record: 828 Broadway Associates, LLC Under Negotiation: Acquisition of Real Estate Property. No reportable actIOn was taken On order of the Mayor, the CIty CouncIl meetmg was adjourned at 1205 am, to August 17, 1999, m memory ofKemeko Dearing, Elizabeth Burns, and Pete Vasquez ATTEST ~hn.~ ~G'_~~~ Mana M Stewart City Clerk APPROVED "'~~V11 <<u---- Pam O'Connor Mayor 12 August 10, 1999