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M-7/10/2001 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 10, 2001 A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:30 p.m., on Tuesday, July 10, 2001, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Michael Feinstein Mayor Pro Tern Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 6:00 p.m.) Councilmember Herb Katz Councilmember Kevin McKeown Councilmember Pam O'Connor (arrived at 5:45 p.rn.) Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:30 p.m., with Councilmembers O'Connor and Holbrook absent. Mayor Pro Tern Bloom led the assemblage in the Pledge of Allegiance. . Co'~.' ... CONSENT CALENDAR: .,..-~, The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. At the request ofCouncilmember Genser, Item I-H was removed from the Consent Calendar. Motion by Councilmember McKeown. seconded by Mayor Pro Tern Bloom, to approve all items on the Consent Calendar as presented except Item I-H, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: EARTHQUAKE RECOVERY I-A: Earthquake Recovery Resolution - Resolution No. 9679 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. 1 July 10. 2001 INCLUSIONARY AND I-B: Resolution No. 9680 (CCS) entitled: "A RESOLUTION OF THE , AFFORDABLE HOUSING CITY OF SANTA MONICA ESTABLISHING YEAR 2001 MAXIMUM ALLOWABLE RENTS AND PURCHASE PRICES FOR THE INCLUSIONARY HOUSING PROGRAM," and Resolution No. 9681 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING YEAR 2001 MAXIMUM ALLOWABLE RENTS AND PURCHASE PRICES FOR THE AFFORDABLE HOUSING PRODUCTION PROGRAM," were adopted. SENIOR PROGRAMS TREE MAINTENANCE GENERAL SERVICES AGREEMENT 1513-1517 BERKELEY BA YSA VER RETROFIT PROGRAM l-C: Resolution No. 9682 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING GRANT APPLICATIONS FOR SENIOR NUTRITION AND RECREATION PROGRAM" - recommendation to adopt a resolution authorizing submittal of a proposal for grant funds from Los Angeles County and authorizing the City Manager to execute a contract to provide meal and telephone reassurance services for elderly persons, was adopted. I-D: Award of bid to provide tree maintenance services B recommendation to award Bid No. 2835 to West Coast Arborists, Inc., for an estimated annual expenditure of$542,000, to provide tree maintenance services for the Open Space Management Division, Community and Cultural Services Department, was approved. l-E: General Services Agreement with the County of Los Angeles recommendation to authorize the City Manager to negotiate and execute 5-year general services Agreement No. 7974 (CCS) with the County of Los Angeles for provision of services including, but not limited to street maintenance, animal control, tract map checking, health services, and emergency services, was approved. I-F: Resolution and subdivision agreement for Final Tract Map for 1513-1517 Berkeley Street - recommendation to authorize the City Manager to negotiate and execute Subdivision Improvement Agreement No. 7975 (CCS), and adopt Resolution No. 9683 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP NO. 52361 FOR A to-UNIT CONDOMINIUM PROJECT AT 1513-1517 BERKELEY STREET," was approved. I-G: Extension of the Baysaver Retrofit Program - recommendation to authorize the City Manager to negotiate and execute Contract No. 7976 (CCS) with the Metropolitan Water District of South em California (MWD) to allow the MWD to refund the City $60 per Ultra-Low Flow Toilet installed in the City from July 1,2001 to June 30, 2003, was approved. 2 July to, 2001 SB 974 I-I: Resolution No. 9684 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN OPPOSITION TO SENATE BILL 974, AMENDMENT TO THE PUBLIC CONTRACT CODE, WHICH WOULD APPLY THE PUBLIC CONTRACT CODE TO CHARTER CITIES SUCH AS SANTA MONICA," was adopted. PARKING AND TRAFFIC l-H: Approval of purchase order for Parking and Traffic Control SIGNS Signs - recommendation to approve a purchase order to Zumar Industries, Inc. in the amount of$150,000, for parking and traffic control signs for the Traffic Operations Division, Planning & Community Development Department, was presented. CLOSED SESSIONS Councilmember Genser requested clarification on the action taken. Staff provided information. Motion bv Councilmember Genser. seconded bv Councilmember Katz, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers McKeown, Genser, Katz, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmembers Holbrook, O'Connor NOES: ABSENT On order of the Mayor, the City Council recessed at 5:44 p.rn., to consider closed sessions, and reconvened at 7:00 p.m., with Councilmember Holbrook absent, to report as follows: 2-A: Conference with Legal Counsel- Existing Litigation: Pico Neighborhood Association v. Citv of Santa Monica, Case No. SC 063 874. ACTION: Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Four. ACTION: All cases heard. No reportable action taken on three cases. Motion bv Councilmember Katz. seconded by Councilmember McKeown, regarding 1535 Ocean Avenue (formerly Zen Zero Restaurant), to allow the business to maintain its business license and allow the business to continue operating as a restaurant. The motion was approved by the following vote: 3 July 10, 2001 CONTINUED ITEMS: PIER RESTORATION CORPORATION Councilmember Holbrook arrived at 7:05 p.m. AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein NOES: None ABSENT: Councilmember Holbrook 5-A: Three appointments to full terms on the Pier Restoration Corporation; one with a term ending November 09,2004 (continued from April 10, 2001), and two with terms ending November 08,2005. Discussion ensued regarding possibly continuing this matter to a future meeting and the need to fill the seats. Motion bv Councilmember Katz. seconded bv Councilmember Genser, to postpone this item to the following City Council meeting to allow Councilmembers to interview candidates. Motion to amend by Mavor Feinsteill, to commit to a date certain and ask the Pier Restoration Corporation to defer any decision or action on leases pending. The motion was not accepted as friendly and there was no second. Motion to amend bv Councilmember McKeown. seconded by Mavor Feinstein, that if the matter is delayed, to request that the Pier Restoration Corporation defer any decision or action that would affect long-term policy. The motion failed by the following vote: AYES: Councilmember McKeown, Mayor Feinstein NOES:Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor Pro Tern Bloom ABSENT: None The main motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, Genser, Katz, Mayor Pro Tern Bloom NOES: Councilmember McKeown, Mayor Feinstein Mayor Feinstein stated, for the record, that he voted against the motion because it is shortchanging the voice of the residents to effect policy through their elected representatives on the Pier, and is unnecessarily politicizing leasehold choices being made by the Corporation, to the detriment ofthe community. 4 July 10, 2001 Councihnember McKeown stated, for the record, that he voted against the motion because it disenfranchises the community on the Pier. ADMIN. PROCEEDINGS: 6-A: Appeal of denial of Conditional Use Permit for restaurant at 1251 THE GAUCHO GRILL Third Street Promenade (The Gaucho Grill) - recommendation to deny Appeal 01-012 and uphold the Planning Commission's denial of Conditional Use Permit (CUP) 00-015 to amend CUP 99-007 to add 33 interior seats and an II-seat outdoor dining area at an existing restaurant at 1251 Third Street Promenade. Applicant/Appellant: Adolfo Suaya, Gaucho Grill. Property Owner: Federal Realty Investment Trust Members ofthe public Adolfo Suaya and Alain Bally spoke in support of the appeal. Members of the public Dwayne Faux and Kelly Olsen spoke in opposition of the appeal. Applicant rebutted public comment against the appeal. On order of the Mayor, the public hearing was closed. Motion by Councihnember McKeown. seconded by Councihnember Genser, to approve staff recommendation and deny the appeal. The motion was approved by the following vote: AYES Councihnembers Katz, Genser, McKeo~ O'Connor, Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein None None NOES: ABSENT: ORDINANCES: LIVING WAGE 7-A: Second reading of an ordinance adding Chapter 4.65 to the Santa Monica Municipal Code creating minimum wage requirements applicable to certain businesses located in the coastal zone and extended downtown core with gross receipts over $5,000,000 and to the City and its Service Contractors. Motion by Councihnember Genser. seconded by Councihnember McKeoM!, to continue this item to July 24, 2001. The motion was approved by voice vote, with Councihnember Katz voting in opposition. CONTINUANCE OF EXISTING NON- CONFORMING USES 7-B: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.18.040 OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW EXISTING NONCONFORMING COMMERCIAL AND INDUSTRIAL USES TO CONTINUE THROUGH THE EXTENSION OR RENEWAL OF A CONDITIONAL USE PERMIT OR USE PERMIT," was presented. 5 July 10, 2001 RECESS INITIATIVE REFORM The following members of the public spoke in support of the proposed _ ordinance: Chris Harding, Abby Arnold, Chuck Allord, Ken Kutcher, Carlos Galan, Dave Maltby. Motion by Councilmember Genser. seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein None None NOES: ABSENT: On order of the Mayor, the City Council recessed at 9:02 p.m., and reconvened at 9:20 p.m., with all members present. 7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.175 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE INITIATIVE PROCESS," was presented. Member of the public Tom Larmore stated that the information required by this ordinance be made available to the public as soon as possible. Member ofthe public Paul DeSantis spoke in opposition of the proposed ordinance. Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to introduce the ordinance for first reading, reading by title only, and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, McKeown, Genser, Katz, Mayor Pro Tern Bloom, Mayor Feinstein CouncilmemberHollirook None NOES: ABSENT: Motion by Mayor Feinstein. seconded by Councilmember McKeo~ to direct staff to research and return on July 24, with an ordinance requiring campaign disclosure requirements during the initiative, recall, and referendum process. The motion was approved by the following vote: AYES: Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein Councilmembers Holbrook, Katz NOES: 6 July 10, 2001 STAFF ADMIN. ITEMS: LAX MASTER PLAN Motion by Mayor Feinstein. seconded by Councilmember McKeown, to direct staff to ensure that qualified ballot measures are given full coverage as recommended in the staff report. The motion was unanimously approved by voice vote, with all members present. Motion bv Mayor Feinstein. seconded bv Councilmember O'Connor, to reconsider the original motion introducing the ordinance, in order to discuss the effective date. The motion was approved by voice vote, with Councilmembers Genser, Holbrook and Katz voting in opposition, and with all Councilmembers present. Discussion ensued regarding the possibility of making the requirements of the ordinance effective July 25,2001, one day after the adoption of the ordinance and the applicability of the requirements to a petition currently being circulated. The City Attorney advised that because the ordinance would not become effective until 30 days after the adoption, the proposed effective date of July 25 was not possible. Motion by Mayor Feinstein. seconded by Councilmember McKeown, to put forth again the original motion to introduce and hold first reading ofthe ordinance, reading by title only and waving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein Councilmembers Holbrook, Katz None NOES: ABSENT: 8-A: Recommendation to adopt a formal position opposing the Los Angeles International Airport Master Plan. Members of the public Jeannette Vosherg, Dunford King, Kathy Knight, Quincy, Denny Zane, Cathy Larson, Jean Gebman, and Jerry Rubin spoke in support of the recommendation. Motion by Councilmember McKeown. seconded by Councilmember Genser, to take the following position: a) Opposition to all of the LAX Master Plan Alternatives, as currently proposed, due to the significant and unavoidable environmental impacts associated therewith; 2) Opposition because the DEIR does not fully analyze the environmental consequences of the Master Plan and provide acceptable mitigation for impacts on Santa Monica; 3) Opposition because the Master Plan does not provide for guaranteed infrastructure, facilities, and airside acreage to fully support transient 7 July 10, 2001 SPECIAL JOINT MEETING: MUNICIPAL POOL business aircraft and fixed-base business operations, including a minimum of~ three fixed-base operations for business jets and an exclusive runway for small to mid-size jets; 4) Opposition because the Master Plan phasing does not provide for surface transportation enhancements to coincide with or precede any air transportation enhancements; and 5) Opposition because the relocation and expansion of the LAX Transit Center is not included as a Master Plan commitment at a location that will promote the use of transit. Substitute motion bv Councilmember Kt!t?:, s,tyonded bv Councilmember Holbr~ok, to approve staff recommendation. Th~ ~~~~?~:Rll~d Py the followmg vote: . AYES: NOES: Councilmembers Holbrook, Katz Councilmembers Genser, McKeown, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein None ABSENT: The main motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tern Bloom, Mayor Feinstein None None NOES: ABSENT: On order ofthe Mayor, the regular Council meeting convened to a special joint meeting with the Redevelopment Agency at 11:50 p.m., with all members present. 8-B CC/RA-I: Resolution waiving bidding requirements for constmction contract to Swinerton Builders to complete the Santa Monica Municipal Pool Phase II Improvements Project under the Surety Company's Perlonnance Bond and approval of various contract and contract amendments - recommendation for the City Council to adopt Resolution No. 9685 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING WAIVER OF BIDDING REQUIREMENTS FOR AWARDING A CONSTRUCTION CONTRACT TO SWINERTON BUILDERS TO COMPLETE THE SANTA MONICA MUNICIPAL POOL PHASE II IMPROVEMENTS PROJECT UNDER THE SURETY COMPANY'S PERFORMANCE BOND"; authorize the City Manager to negotiate and execute contracts and contract modifications: 1) Contract No. 7977 (CCS) with the bonding company, National Fire Insurance'Company of Hartford; 2) construction Contract No. 7978 (CCS) with Swinerton Builders for 8 July 10, 2001 completion of the project; 3) Contract No. 7979b(CCS) with Twining Laboratories for inspection and materials testing services in the amount of $144,098; 4) modification to Contract No. 7591 (CCS) with DMR Team for additional construction management services in the amount of$125,000; 5) modification to Contract No. 7633(CCS) with Max Tehrani, in the amount of$64,500, for additional Inspector of Record services; 6) modification to Contract No. 6772(CCS) with Killefer Flammang Purtill Architects, in the amount of$39,000, for additional architectural services; recommendation for the Redevelopment Agency to authorize the Executive Director to execute the construction contract with Swinerton Builders; and, approval of proposed budget adjustments, was presented. There was no one present for public comment. Motion bv Councilmember Katz. seconded bv Mavor Pro Tern Bloom, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: NOES: ABSENT: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tern Bloom, Mayor Feinstein None None Motion by Council! Agency Member Katz. seconded by Council! Agency Mayor Pro Tern Bloom, to approve staff recommendation relative to the contracts and proposed budget adjustments. The motion was approved by the following vote: NOES: ABSENT Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tern Bloom, Mayor Feinstein None None ADJOURNMENT OF SPECIAL JOINT MEETING On order of the Mayor, the special joint meeting with the Redevelopment Agency was adjourned at 11 :55 p.m., and the City Council reconvened to its regular meeting, with all members present. PUBLIC HEARINGS: 9-A: Public hearing and approval of the Stormwater Parcel Report - STORMW A TER PARCEL recommendation that the City Council hold a public hearing, receive public REPORT input and approve the Stormwater Parcel Report describing each parcel in Councilmembers O'Connor, the City and the amount each parcel's Stormwater Management User Fees Katz, and McKeown were for FY 2001-02. excused at 11:55 p.m. 9 July 10, 2001 REPORTS OF BOARDS AND COMMISSIONS: PRC Councilmembers Katz, o 'Connor and McKeown returned at 11:58 p. m. Councilmember Holbrook was excused at 1:40 a.m. There was no one present for public comment. - Motion by Mayor Pro Tern Bloom. seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Holbrook, Genser, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmembers Katz, McKeown, O'Connor NOES: ABSENT: 10-A: Request of the Pier Restoration Corporation to amend the Street Performers Ordinance in relation to the Santa Monica Pier. The following members of the public addressed various portions and expressed concerns regarding the proposed amendments: Dwayne Faux, Murray Gould, Randy Walburger, Reina Alvarez, Joe Natoli, Arthur Harris, Linda Sullivan, Joan Charles, Ellen Brennan, jerry Rubin, and Tim Dillenbeck. Considerable discussion ensued regarding the proposals submitted and the concerns expressed by members of the public and staff. Motion by Mayor Feinstein. seconded by Councihnember Katz, to direct staff to analyze the Pier Restoration Corporation's proposal and return with an appropriate ordinance on July 24,2001. Motion by Councihnember Genser. seconded by Councihnember Katz, to direct staff to prepare an ordinance based on the proposed recommendations, amended so that the proposed lottery run 365 days per year, but only in prime locations, and looking at any other pertinent issues including enforcement. Discussion ensued on the merits ofthe amendment. Subsequent to the discussion, Councihnember Katz withdrew his second to the main motion made by Mayor Feinstein. The standing motion was approved by the following vote: AYES: Councilmembers O'Connor, McKeown, Genser, Katz, Mayor Pro Tern Bloom Mayor Feinstein Councilmember Holbrook NOES: ABSENT: 10 July 10, 2001 WRITTEN COMMUNICATIONS: BIG BLUE BUS COUNCILMEMBER DISCUSSION ITEMS: APPOINTMENTS TO BOARDS AND COMMISSIONS Councilmembers 0 'Connor and Katz were excused at 1:50 p.m. RESIGNATION 12-A: Request of B.A. Gray to address Council regarding the hiring practices at the Santa Monica Bus Lines and requesting an investigation. On order of the Mayor, the item was withdrawn at Mr. Gray's request. 13-A: Annual vacancy appointments to the following boards and commissions: Arts Commission: 2 Vacancies for Terms Ending 6/30/05. Councilmember McKeown nominated Suchi Branfinan for a reappointment. There being no other nominations, Ms. Branfman was appointed by acclamation, with Councilmembers Holbrook, O'Connor, and Katz absent. At the request of Councilmember McKeown, the second vacancy for a term ending 06/30/05, was continued to July 24,2001. Building & Safety Commission - Two Terms ending 06/30/05 On order of the Mayor, this item was continued to July 24,2001 Commission on the Status of Women - One Term ending 06/30/05 On order of the Mayor, this item was continued to August 14,2001. Convention & Visitors Bureau - One Term ending 06/30/05 On order of the Mayor, this item was continued to July 24,2001. Personnel Board - One Term ending 06/30/04 On order of the Mayor, this item was continued to July 24,2001. 13-B: Acceptance of resignation of Ronn L. Davis from the Arts Commission and authorization for the City Clerk to publish the vacancy. Motion by Councilmember McKeown. seconded by Mayor Pro Tern Bloom, to accept the resignation with regrets, and authorize publishing of vacancy. The motion was unanimously approved by voice vote, with Councilmembers Holbrook, O'Connor, and Katz absent. 11 July 10, 2001 USE OF CELL PHONE WHILE DRIVING MADISON SCHOOL CAMPUS DEVELOPMENT 13-C: Request ofCouncilmember McKeown that Santa Monica go onfi record encouraging California's accelerated adoption of a New Y ork- style statewide law controlling hand-held cell phone use while driving. Member of the public Chuck Allord spoke in favor of the request. Member of the public Jerry Rubin spoke in opposition to the request. Motion by Councilmember McKeown. seconded by Mavor Pro Tern Bloom, to approve request. The motion was unanimously approved by voice vote, with CounciImembers Holbrook, O'Connor, and Katz absent. Motion bv Councilmember Genser. seconded bv Councilmember McKeo~ to . direct staff to agendize the matter of possibly having a local ordinance establishing additional penalties accruing to a driver at fault during an accident that occurred while using a cell phone, and include any pertinent staff input. The motion was unanimously approved by voice vote, with Councilmembers Holbrook, O'Connor, and Katz absent. 13-D: Request of Mayor Pro Tem Bloom and Councilmember Genser: 1) that Council hear from staff regarding the status of the Santa Monica College proposal to develop a 500-seat theatre on the Madison School campus; 2) that city staff initiate a full analysis and review into all land use and other appropriate issues involved in the proposal; and 3) that the Council request the Santa Monica-Malibu Unified School District continue to defer any action regarding the proposal pending further review by the City of Santa Monica. Members of the public Ted Catanzaro, Chuck Allord, Kelly Olsen, Joan Charles, Jean Gebman, Arthur Harris, Jerry Rubin, and Susan Santree spoke in favor of the request. Motion bv Mavor Pro Tern Bloom. seconded bv Mavor Peinstem, to approve request, to notifY Santa Monica College by letter that the City is interested in participating in a cooperative process; ask the College to withdraw its request from the School Board; failing a withdrawal, request that the School District defer any action regarding the proposal until the College, the School District and the City have met; and to express the City's dismay at the lack of public process and the City's wish that the neighborhood be involved. The motion was unanimously approved by voice vote, with Councilmembers Holbrook, O'Connor, and Katz absent. 12 July 10, 2001 PUBLIC INPUT ADJOURNMENT: The following members of the public spoke: Art Casillas expressed concerns related to the Police Department; Tim Dillenbeck discussed the City's regulations regarding his business of blowing bubbles in public places; Gene Gebman discussed traffic and parking problems in the Civic Center; and Dwayne Faux spoke regarding carts permitted on the Third Street Promenade and the Pier. On order of the Mayor, the City Council meeting was adjourned at 3:30 p.rn. to July 24, 2001. ATTES~ ~".. \po ~o.J.. Maria M. Stewart City Clerk APPROVED: ,. ) /-.'~~- ~:. -~ /~. -.-(- )/~ --.' Michael F~~tein Mayor ;' 13 July 10,2001