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M-7/13/1999 (2) I I I 957 CITY OF SANTA :MONICA CITY COUNCIL MINUTES JULY 13, 1999 A regular meetIng of the Santa Mornca CIty CouncIl was called to order by Mayor O'Connor at 622 pm, on Tuesday, July 13, 1999, at City CouncIl Chambers, 1685 Mam Street Roll Call Present Mayor Pam O' Connor Mayor Pro Tern Ken Genser (Amved at 830 pm) CouncIlmember Richard Bloom CouncIlmember MIchael FeInsteIn CouncIlmember Robert T Holbrook CouncIlmember KeVIn McKeown CouncIlrnember Paul RosensteIn Also Present CIty Manager John 1ahh CIty Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart CLOSED SESSIONS RECONVENE/PLEDGE SPECIAL AGENDA ITEMS SUSTAINABLE CITY PROGRAM CLOSED SESSIONS On order of the Mayor, the City CouncIl convened, With Mayor Pro Tern Genser absent, at 6 22 pm, and then adjourned to consider ciosoo seSSIOns AetIOn taken on closed seSSIOns was reported at the end of the meetIng On order of the Mayor the City Counell reconvened at 706 pm, lNlth Mayor Pro Tern Genser absent Mayor O'Connor's mother, Mrs Esther Smicklas, led the assemblage in the Pledge of Allegiance 4-A Issuance of commendations for leadership in the community through commitment to the principles of the Santa Monica's Sustainable City Program. The Mayor Issued commendatIOns for leadershIp to vanous bUSInesses III the CIty for theIr cornnutment to the Sustalllable CIty Program NATIONAL NIGHT OUT 4-B Proclamation declaring August 3, 1999, to be National Night Out in the City of Santa Monica. The Mayor Issued a proclamatIOn, accepted by PolIce ChIef Butts, declanng August 3, 1999, as NatiOnal NIght Gut 1 July 13, 1999 CONSENT CALENDAR MINUTES EARTHQUAKE RECOVERY CRIME SUPPRESSION PROJECTS RADIO EQUIPMENT 958 The Consent Calendar was presented All Items are consIdered and I approved m one motIon unless removed from the calendar for dIscussIOn On order of the Mayor, the publIc heanng was opened The followmg members of the publIc spoke to consent calendar Items Joey Fullmer, Sharon O'Rourke, Aaron Herrshberg, Chuck Allord, Kann Kemper, Tova Lelah, and Brian Hutchmgs MotlOn by Counc1lmember Holbrook, seconded by Councllmember Femstein, to approve all Items on the Consent Calendar as presented, readmg resolutIOns and ordmances by tItle only and WRlvmg further readmg thereof The motIon was approved by the followmg vote AYES Councdmembers Holbrook, Rosenstem, McKeown, Feinstem, Bloom, Mayor O'Connor None Mayor Pro Tern Genser NOES ABSENT 6-A The minutes of the May 11, 1999, CIty Council meetmg, were approved as submitted 6-B Earthquake Recovery Resolution - Resolutlon No 9420(CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted I 6-C Resolution No. 9421(CCS) entitled: ~'A RESOLUTION OF THF. CITY OF SANTA MONICA IN SUPPORT OF PASSAGE OF ASSEMBLY BILL 1415 PROVIDING PE&l\fANENT FUNDING FOR L.A. IMPACT AND L.A. CLEARINGHOUSE, TWO NARCOTICS ENFORCEMENT, GANG AND CRIME SUPPRESSION DE1\fONSTRA TION PROJECTS," was adopted 6-D Purchase of miscellaneous radio equipment from Motorola and notification of exception to policy regarding conducting business with firms doing business in or with Burma - recommendatiOn to authonze the CIty Manager to negotIate and execute a sole source purchase order WIth Motorola, III the amount of $167,420 43, to purchase police radIo equipment, and notificanon to Counell of exception to ResolutiOn No 8966(CCS) regardmg doing busmess WIth Burma, was approved I 2 July 13, 1999 I I I CAB AND CHASSIS PURCHASE EMERGENCY GENERATORS SEWER MAINTENANCE BUS MAPS AND SCHEDULES COMPENSATION FOR MWD DIRECTOR MOSS AVENUE PUMPING STATION PUBLIC BEARING - STREET V ACA TION 959 6-E Purchase of one cab and chassis for the Police Department - recommendatIon to award BId No 2759, In the amount of $38,240 40, to Bob Wondnes Ford to furmsh and delIver one cab and chaSSIS for the PolIce Department, was approved 6-F Purchase of diesel emergency generators - recommendatIOn to award BId No 2762 to GuardIan Power ProtectIon ServIces, Ine, In the amount of $40,621 21, to furnish, delIver and Install dIesel emergency generators for the Resource Management Department, was approved 6-G Purchase of one truck-mounted sewer jetter for cleaning and maintaining City sewers - recommendatIOn to award BId No 2754 to SRECO FleXible, m the amount of $91,642 99, to furmsh and delIver one truck-mounted sewer Jetter for EnVIronmental and PublIc Works Management Department, was approved 6-H Provision of printing and delivery services for system maps and bus schedules - recommendatIOn to award BId No 2758 to FoundatIon Press, at specIfied urnt pnees, to pnnt and delIver bus schedules and system maps for the TransportatIOn Department, was approved 6-1 Resolution No. 9422(CCS) entitled: A RESOLUTION OF THE CITY OF SANTA MONICA REVISING THE COMPENSATION FOR THE CITY'S METROPOLITAN WATER DISTRICT (MWD) DIRECTOR," was adopted 6-J Construction of Moss Avenue Pumping Station Project of the Coastal Interceptor Sewer - recommendatIon to authonze the CIty Manager to negotiate and execute Contract No 7519(CCS) WIth PaCIfic Mecharucal CorporatIOn, In the amount of $2,546,000, for the constructIon of the Moss Avenue Pumpmg StatIOn Phase 2 Project, and approve the budgetary adjustments recommended in the report, was approved 6-K Resolution No. 9423(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON AUGUST 10, 1999, AND NOTIFYING THF. INTENTION TO ORDER VACATION OF EXCESS STREET RIGHT-OF-WAY AND PUBLIC SERVICE UTILITY EASEMENTS IN \VILSHIRE PLACE SOUTH AND 15m COURT ALLEY IN THE CITY OF SANTA MONICA," was adopted ... .) July 13, 1999 GREEN BUILDING DESIGN VIRGINIA A VENUE PARK AND AIRPORT PARK PUBLIC SAFETY FACILITY COUNCIL MEETING CANCELLA TION WINDWARD SCHOOL LEASE ORDINANCES STREET PERFORMERS 960 6-L Provision of services for development of the City's proposed I Green Building Design and Construction Guidelines - recommendation to authonze the City Manager to approve Contract No 7520(CCS) with Constructlve Technologies Group, Inc, m the amount of$20,000, to Jomtly develop vanous systems and servlces to be used In the lmplementatton of the CIty's proposed Green BUlldmg DeSign and ConstructlOn GUldeltnes, was approved 6-M Environmental Impact Reports for the Virginia Avenue Park Expansion Project and Airport Park on Non-Aviation Land projects - recommendatton to authonze the City Manager to negotiate and execute Contract No 7521(CCS) WIth Culbertson, Adams & Associates, Inc, In the amount of$148,085, for preparatlOn ofenvtronrnental documents for the Vlrglma Avenue Park ExpansIOn Project and Auport Park at Santa Moruca AIrport, was approved 6-N l\'Iaterial testing and inspection services during construction of the Santa Monica Public Safety Facility - recommendatiOn to authonze the City Manager to negotiate and execute Contract No 7522(CC5) With Uruted TestIng and Inspection Servtces, Inc, m the amount of $200,000, for matenal testing and mspectlon semces, and Contract No 7523(CC5) With Psomas and ASSOCiates, m the amount of $100,000, for survey inspectiOn I servtces for the Santa Momca Pubhc Safety FacIltty, was approved 6-0 Recommendation to cancel July 27, and August 24,1999, City Council meetings, was approved 6-P Modification to Windward School Lease for use of City property - recommendatton to authonze the City Manager to negotiate and execute a trurd amendment to Lease Contract No 3828(CCS) with the Wmdward School to allow for construction of additional educattonal and adnnrustratlve faCIlIties, was approved 8-A An emergency ordinance of the City of Santa Monica amending Chapters 6.36, 6.112, 6.116 and Section 3.12.375 of the Municipal Code relating to street performers, vendors, and persons utilizing tables or carts for the purpose of displaying or distributing merchandise, goods, written materials, or food or placing objects on the public sidewalk; and, declaring the presence of an emergency, was presented I 4 July 13, 1999 961 I On order of the Mayor, the pubhc heanng was opened The followmg members of the pubhc spoke Joy Fullmer and Bnan Hutchmgs expressed vanous concerns Jerry Rubm, and JeffKtssInger spoke In OpposItion of the ordmance Plulhppe Heleaux, Jan Palchtkoff, Stuart Chandler, Ned LandIn, Lmda Sulhvan, Chanty Luv Colbert, LInda Kutner, and Holyena Montgomery spoke In favor of the ordInance MIchael Wood, Marc Barnos, Arthur Nakane, Mark Vanamakl, Said Mohamed, MIguel Mendoza, Nathan Clukey, Bnan O'Neill, NIna Z, and Paul Dale spoke m OpposltlOn to the rotatlOn reqmrements Wendell Mew. Steve Epstem, 0, Walt DaVIS, Dwayne Gannan, Tun DIllenbeck, and Stewart LamIe spoke generally m favor of the ordInance but expressed concerns WIth some of the reqmrements MotlOn by Counctlrnember F emstem, seconded by Counctlmember McKeown, to approve recommendatIOn to adopt the ordmance I Motton to amend by Counctlmember Bloom, seconded by Mayor O'Connor, so that rotatton schedule apply to performers only The moUOD to amend faIled by the following vote ABSENT CouncIlmember Bloom, Mayor O'Connor Counctlmembers Femstem, McKeo~ Rosenstell1~ Holbrook, Mayor Pro Tern Genser None AYES NOES Motton to amend by CouncIlmember McKeown, seconded by Councdmember Bloom, to change the spacmg reqmrements by amendmg SectIon 6 112 050 to add 10 feet from a Promenade sefV1ces cart and SectIon 6 112 060 to add 35 feet from a PIer hcensee cart or stall The amendment was accepted as fhendly Motion to amend by Counctlmember Bloom, seconded by Counctlmember Holbrook. to hrrut the number of Items for sale and on dIsplay to five (5) Items (number of Items that are bemg dIsplayed on the table), and would not apply to heartland vendors The motIon was accepted as fuendly I 5 July 13, 1999 962 MotIon to amend by Counctlmember Femstem, to not allow performers to I set up on curb cuts m order to mamtain accessibility mto stores at the Pier Motion was accepted as frIendly MotIon to amend by Councdmember Bloom, seconded by Mayor Pro Tern Genser, to hrntt the table SIze and the number of chairs to two for heartland vendors Motion was approved by the followmg vote AYES CouncIlmembers Holbrook, McKeown, Bloom, Mayor Pro Tern Genser, Mayor O'Connor CouncilinemberFcin~~n Counctlmember RosensteIn None NOES ABSTAIN ABSENT Motion by CouncIlmernber Femstein, seconded by Counctlmemher McKeown, to contmue the Council meetIng past 11 00 P m Monon approved by vOice vote, With CouncIlmember Rosenstem votmg agamst Motion to amend by Counctlmember Holbrook, that eqUipment for vendors and performers should be hooted to what one person can carry ThscusslOn ensued The City Attorney adVIsed that the language m the I ordtnance could be modified, and combmed With enforcement, would address this matter It was the consensus of CouncIl to dtrect staff to develop language to address the need for assistance for dtsabled performers or vendors Motion to amend by Counctlmember Feinstem, to mc1ude language notltymg of the availability of an adlTI1IDstratIve process Motion accepted as frIendly, Mobon to amend by Counctlrnember Femstem, seconded by Mayor Pro Tern Genser, that on the Promenade, between 10 30 pm, and midnight, performers may continue to perform at the City's 75 deCibel and not at the earher proposed 95 declbellevel Discussion ensued It was the consensus that tlus matter would return to CouncIl with other nOIse ordmance matters and staff would provide related mformatIon Counctlmemher Femstem Withdrew hIs motion I 6 July 13, 1999 I I I UNIFORt"\1 FIRE CODE ADOPTION RECESS 963 MotIon to amend by Councdmember FeInsteIn, to allow performers to stay on the PIer for extended hours to rrudrught on weeknIghts, and to 1 00 am, on weekends DISCUSSIon ensued It was the consensus that staff would return wIth the penmtted hours on the PIer and the penmtted hours for busmesses In order to compare to the proposed hours In the motIon Staff was also dIrected to correct page 23 to change "Saturday" to "Fnday" MotIon to amend by Councdmember McKeown, that non-audIble performers be allowed to remam on the Promenade and the PIer untIl ffildmght on weekrughts After dISCUSSIon, CouncIlmember McKeown WIthdrew Ins motIOn MotlOn by CounCIlmember Femstem, seconded bv Councllmember McKeown, to approve In concept the mam motIon and that the above amendments will return as part of the ordmance at the next CouncIl meetmg MotIon unammously approved by VOIce vote 8-8 Ordinance No. 1948 (CCS) entitled: "AN EMERGENCY ORDINANCE OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 8.40.010 TO ADOPT THE UNIFORM FIRE CODE AS TRR FIRE CODE OF THE CITY OF SANTA MONICA FOR THOSE OCCUPANCIES NOT REGULATED BY THE CALIFORNIA FIRE CODE, BASED ON LOCAL FINDINGS; AND, DECLARING THE PRESENCE OF AN EMERGENCY," was Introduced for adoptIon On order of the Mayor, the publIc heanng was opened Joy Fullmer expressed varIOUS concerns MotIon by Councdmember Bloom, seconded by Councdrnember Holbrook, to adopt the ordmance as presented, readIng by tItle only, and waIvmg further readmg thereof The motIon was approved by the followmg vote AYES Councdmernbers Holbrook, Rosenstem, McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT On order of the Mayor, the City Councd recessed at 12 13 a In, and reconvened at 1 30 a rn , WIth Councdmernbers Holbrook and Rosenstem absent 7 July 13, 1999 964 STAFF ITEMS 415 PACIFIC COAST HIGHWAY 9-A Staff presented for approval the site use for 415 Pacific Coast I Highway and direction to staff for planning and implementation process - recommendation to approve the proposed sIte use alternative for 415 Pactfic Coast Highway, to direct staff to proceed with steps reqUired for planmng and implementatiOn, mcludmg preparatiOn of an enVIronmental impact report, documentatton drawmg and demohtton plan, temporary repaIrs to the Main Bmldmg, and analysis of operating and management options; to authorize the City Manager to negotiate and execute an extenSion to the operatmg agreement With the State Department of Parks and Recreation, and, authonze the Mayor to submit letters, on behalf of the City Council, m support of funding opportumties for the project On order of the Mayor, the pubhc heanng was opened Members ofthe pubhc Fred Dem and Lmda Sulhvan spoke m favor of the project There bemg no other speakers, the pubhc hearing was closed On order of the Mayor, actiOn on tlus matter was contmued to July 20, 1999 WRITTEN COMMUNICA-13-A Request of Roger John Diamond to address Council and request nONS: DOG PARKS to terminate the dog park on Main Street and Pacific. On order of the Mayor, due to the lateness ofthe hour, tIns Item was I continued to July 20, 1999 AIRPORT JET TRAFFIC 13-B Request of Brian Hatton to address Council regarding jet traffic at the Santa Monica Airport and requesting legislation to protect the health of affected residents. (Conbnued from June 29, 1999) On order of the Mayor, due to the lateness of the hour, this Item was continued to July 20, 1999 SHACK RESTAURANT 13-C Request of Christopher Harding, of Harding, Larmore, Kutcher & Kozal, to address Council regarding the Shack Restaurant located at 2518 Wilshire Boulevard and the potential closure of the parking lot the Shack leases at 1218 26th Street. On order of the Mayor, due to the lateness of the hour, tlus item was contmued to July 20, 1999 I 8 July 13, 1999 I I I 965 UNDERGROUNDING OF 13-D Request of Tina Gomez to address Council regarding A Rule UTILITIES AND CITY 20" (replacement of overhead with underground electric facilities), and P ARKW A YS regarding parkway problems caused by tree roots. BUSINESS LICENSE DENIAL VIRGINIA PARK ADVISORY BOARD 24-HOUR PERMIT PARKING COUNCIL ITEMS: CITY COUNCIL RULES ORDER OF CITY COUNCIL AGENDA ITEMS Ms Gomez wlthdrew her request 13-E Request ofBu S. Park to address Council regarding denial of a business license. Ms Park presented her request to Couned On order of the Mayor, the mformatlon was received and filed 13-F Request of Clyde Smith to address Council regarding the removal of certain members from the Virginia Avenue Park Advisory Board by the Recreation and Parks Commission and requesting an investigation of possible Brown Act violations. On order of the Mayor, due to the lateness of the hour, tIns Item was contmued to July 20, 1999 13-G Request of Gary Bonhart, George Hess, et aI., to address Council requesting 24-hour permit parking on the west side of Ocean Avenue, north of California, and to request that hotels provide parking for their employees. On order of the Mayor, due to the lateness of the hour, tIns Item was contmued to July 20, 1999 14-A Request of Mayor OtConDor to provide general input to staft" on modification to Council Rules and establish a schedule for the proposed rules to return to Council for approval. (Continued from June 22, 1999) TIns matter was WIthdrawn by Mayor O'Connor 14-B Request of Council member Holbrook to discuss changing the order of business on the agenda so that the current 13-items (Written Communications) become 14-items and the 14-items (Councilmember Discussion Items) become 13.items. (Continued from June 22,1999) TIns matter was WIthdrawn by Counctlmember Holbrook 9 July 13, 1999 UNSCHRDULED VACANCY CONVERSION OF RESTAURANTS INTO RETAIL 966 14-C Annual and unscheduled vacancy appointments to the following I board and commission vacancies: (Continued from June 291999) AccessIbIlIty Appeals Board (2 unscheduled vacancies) - terms endmg June 30, 2001 AIrport CornnnsslOn (2) - terms endmg June 30, 2003 Archttectural ReVIew Board (1 Annual) - term endmg June 30, 2003 (1 Unscheduled vacancy)-term ending June 30,2001 Arts CornnnsslOn (4) - terms endmg June 30, 2003 Bayslde DIstnct Corporation (4) - terms endmg June 30,2002 Comnusslon on Older Amencans (2) - terms endmg June 30, 2003 COIl1Ill1SSlOn on the Status of Women (2) - terms endmg June 30,2003 Housmg COmrntSSlOn (2 Sect10n 8) - terms endmg June 30, 2001 (1) - term endmg June 30, 2002 L A Co West Vector Control District (1) - term endmg December 31, 2000 Library Board (1) - Term endmg June 30, 2003 Personnel Board (1) - Term endmg June 30,2004 Planning Comnnssion (3) - Terms endmg June 30, 2003 RecreatIon & Parks Comnusslon (1) - Term endmg June 30,2003 SOCIal SefV1ces Comrrusslon (3) - Terms endmg June 30, 2003 On order of the Mayor, due to the lateness of the hour, thts Item was contmued to July 20, 1999, as a 5-ltem I 14-D Request of Councilmembers Feinstein and Rosenstein to direct staff to prepare an interim emergency ordinance limiting the conversion of restaurants (including food courts) into retail on the Promenade. Member of the publIc Arthur Hams spoke m support of the request Brian Hutchmgs expressed vanous concerns MotIOn by Counctlmember F emstem., seconded by Counctlmember Bloom to approve request and dtrect staff to look at other legal optIOns MotIon was unarnmously approved, WIth Counctlmembers Holbrook and Rosenstem absent I 10 July 13, 1999 I I I SUPPORT FOR STATE BILLS RE SENIOR CITIZENS PUBLIC INPUT: CLOSED SESSIONS: 967 14-E Request of Councilmember l\lcKeown for the City of Santa Monica to express to California's Governor and Legislature our support for the following housing bills, which particularly Impact our senior citizens, as requested by our City's Commission on Older Americans: SB 510 (housing bonds); AB 398 (housing bonds); AD 97 (low income tax credits); AB 1382 (reinvesting in communities). Mohon by Councllmember McKeown, seconded by Mayor Pro Tern Genser, to approve request MotIOn was unammously approved, WIth Councdmembers Rosenstem and Holbrook absent Member of the public Art Casillas expressed concerns relative to the Pollce Department safety Bnan Hutchmgs expressed vanous concerns 16-A Conference with Legal Counsel - Existing Litigation: Carrie Byron v. City of Santa Monica, Case No. SC 052 935. ACTION No reportable actIOn taken 16-B Conference with Legal Counsel- Existing Litigation: Valenza v. City of Santa Monica, Case No. SC 045167. Mohon by Councllmember Femstem, seconded by Councdmember Bloom, to approve settlement ill the amount of $125,000 The motion was approved by the followmg vote AYES Councllmembers Bloom, Femstem, McKeown, Mayor O'Connor None Mayor Pro Tern Genser CounC1lmembers Holbrook, Rosenstem NOES ABSTAIN ABSENT 16-C 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. ACTION No reportable action taken 11 July 13, 1999 ADJOURNMENT 968 16-D Conference with Legal Counsel- Existing Litigation: Brett I Carr v. City of Santa Monica, Case No. CV 97-8765 HLH (consolidate with Santa Monica Street Performers Group v. City of Santa Monica, Case No. CV 98-7473 LGB). ACTION No reportable achon taken 16-E Conference with Legal Counsel- Existing Litigation: Mark Miskey v. City of Santa Monica, Case No. CV 974325. ACTION No reportable actIon taken 16-F Conference with Legal Counsel- Anticipated Litigation. Number of cases: One. ACTION No reportable actIOn taken On order of the Mayor, the City Councd meetmg was adjourned at 2 34 am, III memory ofTnn Layana, baseball coach at 5t Moruca's HIgh School ATTEST ~ '\.,~ Mana M Stewart CIty Clerk APPROYEp - ~~~~:r'- ! Mayor 12 July 13, 1999 I I