Loading...
M-9/19/2000 1339 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 19, 2000 A regular meeting ofthe Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, September 19,2000, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Ken Genser Mayor Pro Tern Pam O'Connor Councilinember IDcrurrd Bwom Councilineniber Michael Feinstein Councilinember Robert T. Holbrook Councilinember Kevin McKeown Councilinember Paul Rosenstein Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CLOSED SESSIONS RECONVENEIPLEDGE SPECIAL AGENDA ITEMS: CLOSED SESSIONS: On order of the Mayor, the City Council convened at 6:20 p.m., 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 Council reconvened at 7:37 p.m., with all members present. Councilinember Bloom led the assemblage in the Pledge of Allegiance. 4-A: Commendation to Bonnie Freeman for her commitment to the environment, contribution to sustainability of the community, and outstanding service to students, schools, and residents ofthe City, was presented. Mayor Genser presented the commendation to Bonnie Freeman, 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 following members of the public commented on the Consent Calendar: Joey Fullmer and Anita Phillips indicated support for Item 6-A; Jeff Seymour and Judie Smith spoke in opposition to Item 6-A; Pro Set Terry Schiller, Jerry Rubin, and Kecia Weller expressed various concerns 1 September 19, 2000 1340 regarding Item 6-A and the need for notification to disabled and seniors; and- Tom Lannore discussed Item 6-B. At the request ofCouncilmember Bloom, Item 6-A was removed from the Consent Calendar. At the request ofCouncilmember Rosenstein, Item 6-B was removed from the Consent Calendar, There being no other items on the Consent Calendar, each item was considered individually_ TRANSPORTATION CONCEPTS, INC. 6-A: Contract for provision of curb-to-curb paratransit and fixed route shuttle service - recommendation to authorize the City Manager to negotiate and execute Contract No. 7801 (CCS) with Transportation Concepts, Inc., in the amount of$I.5 million over a three-year period, to provide curb-to-curb paratransit service and fixed route shuttle service was presented. At the request of Councilmember Bloom, staff provided a staff report and addressed concerns raised by members of the public. Motion bv Councilmember Bloom. seconded by Mavor Pro Tern O'Connor, to authorize the City Manager to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, Holbrook, Rosenstein, Mayor Pro Tern O'Connor, and Mayor Genser None None NOES: ABSENT: PACIFIC SHORE HOTEL 6-B: Recommendation to approve an amended and restated Pacific LEASE Shore Hotel lease agreement with Elkor Realty Corporation, including assignment and modification, and termination of the existing agreement with Sunstone Hotels, LLC, as outlined in the staff report, was presented. At the request of Councilmember Rosenstein, staff provided a staff report addressing concerns raised by a member of the public. Motion by Councilmember Rosenstein. seconded by Councilmember Feinstein, to approve staff recommendation. The motion was approved by the following vote: 2 September 19,2000 1341 ORDINANCES: RAND CORPORATION AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Mayor Pro Tern O'Connor, and Mayor Genser Councilmember Holbrook None NOES: ABSENT Councilmember Holbrook stated, for the record, that he voted in opposition because he felt the economic advantage of the City was compromised, and that the public paid for the labor portion of the contract. END OF CONSENT CALENDAR 8-A: Recommendation to adopt Resolution No. 9571 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT;" to not adopt resolution amending the Land Use and Circulation Element of the General Plan; to adopt Resolution No. 9572 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING RECOMMENDED CIVIC CENTER SPECIFIC PLAN POLICIES; TO ADOPT RESOLUTION ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS;" and introduction and first reading of an ordinance approving a Development Agreement between the City and the RAND Corporation. Motion by Mayor Genser. seconded by Councilmember Rosenstein. to provide the RAND representatives 20 minutes to present the matter. The motion was approved by voice vote, with all Councilmembers present. On order ofthe Mayor, the pubic hearing was opened. Jim Thompson, Paul O'Neil, Paul Dana, and Michael Rich, representing RAND, presented the proposed project. Mark Gold and Matt Peterson spoke in support of the project and encouraged the Council to require the design of the building meet LED certification: Members of the public Joey Fullmer, Brian Hutchings, and Daniel Gregory expressed various concerns. The following members of the public spoke generally in support of the project and expressed various concerns: Jay Fiondella, Steve Brackett, Shane Talbot, Merpad Farvar, Ken Feingold, Rodney Punt, Susan F. Rice, Eric Parlee, Dorothy Chapman, Betsy Hiteshew, Irene Zivi, Judith Brunk, Albert Okuma, Monika White, Bryce Benjamin, Maria Arechaederra, Ann 3 September 19,2000 1342 Greenspun, Graham Wong, Dan Ehrler, Nathan Pratt, Tom Larmore, Jean McNeil Wyner, Ralph Mechur and Ellen Brennan. Member of the public Jon Markowitz spoke against the project. RECESS On order ofthe Mayor, the City Council recessed at 10:36 p.m., and reconvened at 10:55 p.m., with all members present, Michael Meyer and Michael Rich provided rebuttal and summary of the project. Motion by Councilmember McKeown. seconded by Councilmember Feinstein. to continue past 11 :00 p.rn. The motion was unanimously approved by voice vote, with all Councilmembers present. Motion by Mayor Genser. request that RAND redesign the building with a scale that is more compatible with a pedestrian oriented Civic Center. The motion died due to lack of a second. Motion by Mayor Genser. seconded by Councilmember McKeown. to require an east/west pedestrian path through the building, subject to hours of operation. The motion failed by voice vote, with Councilmembers Feinstein, Bloom, Holbrook, Rosenstein, and Mayor Pro Tern O'Connor voting in opposition. Motion by Councilmember Bloom. seconded by Councilmember Holbrook. that building paths be considered as part of the Council's consideration of the overall Civic Center Plan modifications that may be made and what would be done with the land, and that RAND develop what the community determined. Motion to amend by Councilmember Feinstein. that should the public process suggest deviation from the path as RAND drawings suggested that RAND would agree to participate in that deviation. The motion was accepted as friendly. The amended motion was unanimously approved by voice vote, with all Councilmembers present. Motion by Councilmember Holbrook. seconded bv Councilmember Rosenstein. to end the meeting at 2:00 a.rn. The motion failed by the following vote: LI. Sentember 19. 2000 343 ABSENT Councilmembers Holbrook and Rosenstein Councilmembers Feinstein, Bloom, McKeown, Mayor Pro Tern O'Connor, and Mayor Genser None AYES: NOES: Motion by Mayor Genser. to have the setback at 27-feet as recommended by the design consultant. The motion died due to lack of a second. Motion by Councilmember Holbrook. seconded by Councilmember Feinstein. to remove the step out on the north side of the building. The motion was withdrawn. Substitute motion by Councilmember Bloom. seconded by Councilmember Holbrook. to approve Option 3 as presented by the architect. The motion was withdrawn. By consensus, the Council determined to require the electrical transformers be in the building or underground. Motion by Mayor Genser. seconded by Mayor Pro Tern O'Connor. to delete the fins and eyebrows, and require reflective glass. The motion failed by the following vote: AYES: Councilmember Feinstein, Mayor Pro Tern O'Connor, and Mayor Genser Councilmembers Bloom, Holbrook, Rosenstein, and McKeown None NOES: ABSENT: Motion by Councilmember Rosenstein. to require the building to achieve a LED standard certification. The motion died due to lack of a second. Motion by Councilmember Feinstein. seconded by Councilmember McKeown.. to prohibit staging of construction process on Main Street, minimize construction staff parking west of Ocean and that staff work on the truck routing to minimize the Ocean Avenue traffic, The motion was unanimously approved by voice vote, with all members present. Motion by Mayor Genser. seconded by Councihnember Feinstein. to, at the City's option, require paving for the construction staff parking log to minimize dust, The motion was unanimously approved by voice vote, with all members present. 5 September 19, 2000 1344 Motion by Councilmember Holbrook. seconded bv Councilmember Feinstein. to adopt Resolution No. 9571 (CCS), certifYing the EIR. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser None None Motion by Councilmember Bloom. seconded by Councilmember Holbrook. to adopt Resolution No. 9572 (CCS), Statement of Overriding Considerations. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser None None Motion by Councilmember Feinstein. seconded bv Mayor Pro Tern O'Connor. to defer remaining action of introducing the ordinance, direct staff to redraft the documents to reflect the discussion and the decisions made, and return to Council. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tern O'Connor, and Mayor Genser None None On order of the Mayor, the introduction and first reading of the ordinance was continued to October 3,2000. SANTA MONICA COLLEGE PARKING STRUCTURE' 8-B: Resolution certifying the Final Environmental Impact Report evaluating impacts of the proposed Parking Structure B Replacement at Santa Monica College; resolution making necessary CEQA findings to approve an amendment to existing Development Agreement, and Councilmembers Holbrook, adopting Statement of Overriding Considerations and Mitigation Rosenstein, and Mayor Pro Monitoring Plan; and, introduction and first reading of an ordinance Tem 0 'Connor were excused adopting the Second Amendment to the Development Agreement at 2:30 a.m. between the City and Santa Monica College. On order ofthe Mayor, this matter was continued to October 3,2000. 6 September 19, 2000 1345 ATM SURCHARGES RESOLUTIONS STAFF ADMINISTRATIVE ITEMS: WRITTEN 8-C: Introduction and first reading of an ordinance suspending Santa Monica Municipal Code Section 4.32.040 related to automated teller machine surcharges, was presented. Motion by Councilmember Feinstein. seconded by Councilmember Bloom, to introduce ordinance for first reading. The motion carried by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, and Mayor Genser None Councilmembers Rosenstein, Holbrook, and Mayor Pro Tern 0' Connor NOES: ABSENT: l2.A: Resolution authorizing the City Manager to execute a Memorandum of Understanding with Supervisors Team Associates, was presented. Motion by Councilmember Bloom. seconded by Councilmember Feinstein. to adopt Resolution No. 9573 (CCS). The motion carried by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, and Mayor Genser None Councilmembers Rosenstein, Holbrook, and Mayor Pro Tern 0' Connor NOES: ABSENT: 9-A: Approval of agreement for joint use of facilities with Santa Monica College for use of the new Municipal Pool - recommendation to authorize the City Manager to negotiate and execute an agreement for joint use offacilities with the Santa Monica College, was presented. Motion by Councilmember Feinstein. seconded by Councilmember Bloom. to continue to October 3,2000. The motion carried by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, and Mayor Genser None Councilmembers Rosenstein, Holbrook, and Mayor Pro Tern 0' Connor NOES: ABSENT: l3-A: Request of Pro Se to address Council requesting Council to go 7 September 19, 2000 1346 COMMUNICATIONS: STATE DISABILITIES COMMISSION on record in support of establishment of a California State Disabilities I Commission and to direct staff to contact other cities urging their support, was presented Member of the public Pro Se addressed the Council regarding the need for establishment of a California State Disabilities Commission, Member of the public Brian Quincy Hutchings spoke in support ofthe item. On order of the Mayor, the information was received and filed. PROPOSITION Y 13-B: Request of Ralph Mechur, representing the Yes for Kids Committee, requesting that Council endorse Proposition Y, the parcel tax measure, was presented. Member of the public Ralph Merchur requested the Council's support of Proposition Y. Member of the public Brian Quincy Hutchings discussed mathematics curriculum. Motion by Councilmember Bloom. seconded by Councilmember McKeown. to approve the request that the Council endorse Proposition Y. The motion carried by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, and Mayor Genser None Councilmembers Rosenstein, Holbrook, and Mayor Pro Tern 0' Connor NOES: ABSENT: JOHN J. COLUCCIO 13-C: Request of John J. Coluccio that Council consider purchasing the property located at 137, 145 and 147 Bay Street because the current owners have filed an Ellis Act application, and to preserve rental housing for existing tenants and for future low-income tenants. The Mayor announced that this matter had been withdrawn. COUNCILMEMBER 14-A: Appointment to one unscheduled vacancy on the Housing ITEMS: Commission for a term ending June 30, 2001. HOUSING COMMISSION APPOINTMENT On order of the Mayor, this matter was continued to September 26,2000. LANDMARKS COMMISSION APPOINTMENT 14-B: Appointment to one unscheduled vacancy on the Landmarks Commission for a term ending June 30, 2002. 8 September 19,2000 1347 SOCIAL SERVICES COMMISSION APPOINTMENT PIER RESTORATION CORPORATION APPOINTMENT PLANNING COMMISSION APPOINTMENT BA YSIDE DISTRICT CORPORATION APPOINTMENT OUR TIMES RESIGNATION OF JORGE PARDO On order of the Mayor, this matter was continued to September 26,2000. 14-C: Appointment to one unscheduled vacancy on the Social Services Commission for a term ending June 30, 2002. On order of the Mayor, this matter was continued to September 26, 2000. 14-D: Appointments to two full terms on the Pier Restoration Corporation for terms ending November 10, 2003. On order of the Mayor, this matter was continued to September 26,2000. 14-E: Appointment to one unscheduled vacancy on the Planning Commission for a term ending June 30, 2002. On order of the Mayor, this matter was continued to September 26, 2000. 14-F: Appointment to one annual vacancy on the Bayside District Corporation for a term ending June 30, 2004, was presented. On order of the Mayor, the floor was opened for nominations to the Bayside District Corporation. Councilmember Feinstein nominated Henry Lichtman, to fill the one vacancy on the Bayside District Corporation for a term ending June 30, 2004, There being only one nomination, Henry Lichtman was appointed by acclamation, with Councilmembers Holbrook, Rosenstein, and Mayor Pro Tern O'Connor absent. 14-G: Request of Councilmember McKeown and Councilmember Bloom that the Council adopt a resolution expressing its deep regret over the decision of the Los Angeles Times and its parent corporation, the Chicago Tribune, to discontinue publication of the Santa Monica edition of Our Times; and conveying the City's thanks and appreciation to the staff of Our Times for their service to our community and commitment to high journalistic standards. On order of the Mayor, this matter was continued to September 26,2000. 14-H: Acceptance of Jorge Pardo's letter of resignation from the Arts Commission and authorization for the City Clerk to publish the vacancy. 9 September 19, 2000 1348 PUBLIC INPUT: CLOSED SESSIONS: On order of the Mayor, this matter was continued to September 26,2000. Member of the public Brian Hutchings discussed mathematics curriculum. On order of the Mayor, the City Council recessed to closed session at 2:44 a.m., and reconvened at 3:01 a.m., to report on the following: 16-A: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Personnel Director. Bargaining Units: Supervisors Team Associates (STA) ACTION: Heard. See action taken on 12-A. Conference with Legal Counsel - Existing Litigation: Bank of America v. City of Santa Monica. et at, Case No. 99-4817 (VRW) (U.S. Dist. Court, ND Council Member Alonso). ACTION: Heard. No reportable action taken. Conference with Legal Counsel- Existing Litigation: CGU v. City of Santa Monica, Case No. SC 060 830. Motion By Councilmember Bloom. seconded by Councilmember Feinstein, to approve settlement in the amount of$67,125.00. The motion was approved by the following vote: AYES: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser None Councilmembers Holbrook, Rosenstein, Mayor Pro Tern O'Connor NOES: ABSENT: Conference with Legal Counsel - Existing Litigation: Lawrence v. City of Santa Monica, Case No. SC 056 171. ACTION: Not heard. Conference with Legal Counsel- Existing Litigation: Godla v. City of Santa Monica, Case No. SC 058 734. Motion By Councilmember Bloom. seconded by Councilmember Feinstein, to approve settlement in the amount of$35,000.00. The motion was approved by the following vote: 10 September 19,2000 1349 AYES: NOES: ABSENT: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser None Councilmembers Holbrook, Rosenstein, Mayor Pro Tern O'Connor Conference with Legal Counsel- Existing Litigation: Rest v. Citv of Santa Monica, Case No. BC 230 265. Motion By Councilmember McKeown. seconded bv Councilmember Bloom, to approve settlement in the amount of$47,500.00. The motion was approved by the following vote: AYES: NOES: ABSENT: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser None Councilmembers Holbrook, Rosenstein, Mayor Pro Tern O'Connor Conference with Legal Counsel - Existing Litigation: Daniel Reves v. Citv of Santa Monica, Case No. SC 057 195. ACTION: Not heard. 16-H: Conference with Legal Counsel - Existing Litigation: Santa Monica Housine: Council v. Citv of Santa Monica, Case No. BC 230 106. ACTION: Heard. No reportable action taken. Conference with Legal Counsel - Existing Litigation: Foodmaker. Inc. v. Citv of Santa Monica, Case No. SS 007 078. ACTION: Not heard. Conference with Legal Counsel - Existing Litigation: Alice Cole. et at. v. City of Santa Monica, Case No. SC 055183. ACTION: Not heard. 11 September 19, 2000 1350 16-K: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Seven. Motion by Councilmember Bloom. seconded by Mayor Genser, to approve settlement for Joseph Merion and Ruth Ann Bates' claims in the amount of $825,000 for the Tai Merion case. AYES: Councilmembers Bloom, Feinstein, McKeown, Mayor Genser None Councilmembers Holbrook, Rosenstein, Mayor Pro Tern O'Connor NOES: ABSENT: ADJOURNMENT: On the order of the Mayor, the City Council's regular meeting was adjourned at 3: 11 a.m.. ~~.~~~:~~~?>>)~E)~~~ ~11}" ~ '~~-~, . ~ . ...":.1,......,:::::..." ~ ~~ h.....~ -,:,'" ....i;; r~~-' :.:.~-":1 -::......-:;;-.-... '~[~~1',~1-~~~~~:- l"'I'.'t: -"~'-'-'" . ....j 'J~~ 12 September 19, 2000