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M-8/14/2001 CITY OF SANTA MONICA li!!lr CITY COUNCIL MINUTES AUGUST 14, 2001 A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at 6:08 p.m., on Tuesday, August 14,2001, 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 7:30 p.m.) Councilmember Herb Katz (Absent) Councilmember Kevin McKeown Councilmember Pam O'Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie Assistant City Clerk Beth Sanchez CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:08 p.m., with Councilmembers Holbrook and, Katz absent. Councilmember Genser led the assemblage in the Pledge of Allegiance. CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Members of the public Joey Fullmer, Justice Denied is Justice Delayed, and Quincy addressed various items on the Consent Calendar. At the request ofCouncilmember Genser, Item I-D was removed from the Consent Calendar. Motion by Councilmember Genser. seconded bv Mavor Pro Tern Bloom, to approve all items on the Consent Calendar as presented, except Item I-D, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: 1 August 14; 2001 AYES Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmembers Holbrook, Katz NOES: ABSENT: MINUTES I-A: The minutes of May 8, and May 22, 2001, City Council meetings, were approved. EARTHQUAKE RESOLUTION I-B: Earthquake Recovery Resolution - Resolution No.9690 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. l-C: Big Blue Bus Natural Gas Fueling Facility - recommendation to BBB FUELING FACILITY authorize the City Manager to negotiate and execute Contract No. 7993 (CCS) with Mallcraft, Inc., in the amount of $11,094,979, for construction of the Natural Gas Fueling Facility, coin collection room and-bus wash facility at the Big Blue Bus, and approve proposed budget adjustments, was approved. CONVENTION & VISITORS BUREAU 1-E: Convention and Visitors' Bureau Contract - recommendation to authorize the City Manager to negotiate and execute a modification to Contract No. 4581 (CCS) with the Santa Monica Convention and Visitors Bureau, was approved. CONGESTION MANAGEMENT PLAN 1-F: Resolution of City's conformance with the Congestion Management Plan - Resolution No. 9691 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089", was adopted. CANCEL MEETING 1-G Recommendation to cancel the August 28, 2001, Council Meeting, was approved. 2 August 14,2001 STORM DRAINS 528 COLORADO PLANNING SERVICES DONATION OF EQUIPMENT TASK FORCE ON THE ENVIRONMENT BAY SAVER PROGRAM I-H: Wilshire and Montana Storm Drains - recommendation to authorize the City Manager to negotiate execute Contract No. 7995 (CCS) · with Burns & McDonnell, in the amount of$74,726, for engineering services for the diversion of dry weather flows from storm drains into sewer system; and to negotiate and execute Contract No. 7996 (CCS) with the Los Angeles County Department of Public Works, for reimbursement ofthe cost of services, was approved. I-I: Recommendation to authorize staff to open preliminary discussion with owners of record for possible acquisition of property located at 528 Colorado Avenue, was approved. I-J: Purchase Order amendment for provision of additional interim planning services - recommendation to authorize the City Manager to approve amendment to purchase order with Civic Solutions, Inc., for an additional $31,000, and a new amount not to exceed $85,000, to provide additional interim planning services for the Planning Division, was approved. 1- K: Donation of Police communications equipment - recommendation to authorize the City Manager to donate Police Department communications equipment to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force, Santa Monica High School, and the City of Compton Unified School District Police Department, was approved. l-L: Appointment to the Santa Monica Task Force on the Environment - recommendation to authorize the City Manager to appoint Robert Rees as a new member to fill a vacancy on the Santa Monica Task Force on the Environment, was approved. I-M: Bay Saver Water Conservation Program - recommendation to authorize the City Manager to negotiate and execute Contract No. 7997 (CCS) withXENERGY, in the amount of$71, 184, for administrative services related to the Bay Saver Water Conservation Program, was approved. BOILER REPLACEMENT I-N: Civic Auditorium boiler replacement - recommendation to authorize the City Manager to negotiate and execute Contract No. 7998 (CCS) with Bon Air, in the amount of $126,000, for the Civic Auditorium boiler replacement project, was approved. 3 August 14,2001 MOSS AVENUE PUMPING STATION ORDER OF AGENDA ITEMS I-D: Moss Avenue Pumping Station and Appian Way Retaining Wall Projects - recommendation to relieve Caliagua, Inc. of their bid for construction of the projects and authorize the City Manager: negotiate and execute: Contract No. 7994 (CCS) with KEC Engineering, in the amount of $1,835,000, for construction of the projects; an amendment to Contract No. 7355 (CCS) with Harris and Company, in the amount of $40,000, for community outreach; an amendment Contract No. 7476 (CCS), with Black and Veatch, Inc., in the amount of $264,404, for construction management services; an amendment to Contract No. 7216 (CCS) with Montgomery Watson, in the amount of $129,203, for Engineer of Record services for the Pumping Station; and, an amendment to Contract No. 7749 with Wheeler and Gray, in the amount of$9,500, for Engineer of Record services of the Appian Way Retaining Wall project, was approved. In addition, recommendation to approve the proposed budget adjustments, was presented. Councihnember Genser asked questions of staff regarding the process for public review of the project. Motion by Councihnember Genser. seconded by Councihnember O'Connor, that staffs recommendation be approved with the understanding that the project will be reviewed publicly at the Architectural Review Board meeting. AYES: Councihnembers Genser, McKeown, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein None Councihnembers Katz, Holbrook NOES: ABSENT: Motion by Mayor Feinstein. seconded by Councihnember Genser that Item 8-B will be heard after Item 5-A. The motion was unanimously approved by voice vote, with Councihnembers Katz and Holbrook absent. 4 August 14,2001 CLOSED SESSIONS CLOSED SESSIONS: On order of the Mayor, the City Council recessed a~_ 6:29 p.m., to consider closed sessions, and reconvened at 7:30 p.m., with Councilmember Katz absent, to report the following actions: 2-A: Conference with Real Property Negotiators: Property: 528 Colorado Avenue City Negotiator: Mark Richter, Real Estate Manager Owner of Record: Kopple, Joel & Madelynn G. Trust Under Negotiation: Acquisition of Real Property ACTION: Heard. No reportable action taken. 2-8: Conference with Legal Counsel- Existing Litigation: Martinelli v. City of Santa Monica, Case No. SC 061 916. ACTION: Heard. No reportable action taken. 2-C: Conference with Legal Counsel - Existing Litigation: San Die~o County Water Authoritv. et al.. v. Metropolitan Water District. et aI., Case No. 321 056. ACTION: Heard. No reportable action taken. 2-D: Conference with Legal Counsel- Existing Litigation: Chateall 16th Street Villas. LLC and Nonnal Salterv. Citv of Santa Monica, Case No. 8S 065 985. The City Attorney reported that environmental work is required for the project and the hearing that was scheduled before Council will be delayed until December. The provision of the settlement agreement previously approved, that the developer redesign the project to comply with the new "North of Wilshire Development Standards", remains in place. 2-E: Conference with Legal Counsel - Existing Litigation: CALHO v. City of Santa Monica, Case No. BS 053 199. ACTION: Heard. No reportable action taken. 5 August 14,2001 CONTINUED ITEMS: PIER RESTORATION CORPORATION 2-F: Conference with Legal Counsel- Existing Litigation: Alice Cole. et at. v. City of Santa Monica, Case No. SC 067 033. ACTION Heard. No reportable action taken 2-G: Conference with Legal Counsel - Anticipated Litigation. Number of cases: Four. Motion by Mayor Feinstein. seconded by Councilmember McKeown, to approve the following settlement terms and conditions regarding 1441-1443 24th Street in Santa Monica: the northern portion of the structure will be converted to a single car garage, the balance of the structure will be removed as follows: the kitchen will be removed, including plumbing, the bathroom will remain, the rear structure will not be used henceforth as a separate residential unit but may be used in conjunction with the front unit, a deed restriction confirming this will be prepared and signed, and the height of the existing structure will be allowed. The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein NOES: None ABSENT: Councilmember Katz 2- H: Conference with Legal Counsel- Existing Litigation: 2000 Main Street LLC v. City of Santa Monica, Case No. SC 067899. ACTION Heard. No reportable action taken. 5-A: Three appointments to full terms on the Pier Restoration Corporation; one with a term ending November 09,2004 (continued from April 1 0,2001), and two with terms ending November 08, 2005. (Continued from July 24,2001). Motion by Councilmember Genser. seconded by Councilmember Holbrook to continue this item until September 11, 2001. Substitute motion by Mayor Feinstein. seconded by Councilmember McKeown to nominate Jerry Greenwald for a term ending 2005 to replace out-going Board member Spurgen. The substitute motion failed by the following vote: 6 August 14,2001 OUTDOOR DINING STANDARDS AYES: NOES: ABSTAIN: Councilmember McKeown, Mayor Feinstein None Councilmembers Holbrook, O'Connor, Mayor Pro Tern Bloom, Councilmember Genser Councilmember Katz ABSENT: The main motion was approved by the following vote: AYES: Councilmembers Genser, O'Connor, Holbrook, Mayor Pro Tern Bloom Councilmember McKeown, Mayor Feinstein Councilmember Katz NOES: ABSENT: Mayor Feinstein requested that the record reflect that he voted no because a further delay in appointments to the PRC is a blow against democracy and public policy in our community. Councilmember McKeown requested that the record reflect that he voted no because he believes Council does not well serve the community by having 1980s appointees making 21 st century decisions for the pier. 8-B: Approval of Outdoor Dining Standards for Santa Monica Boulevard and Broadway Avenue in Conjunction with the DowntowlI Transit Mall Improvements. The following members of the public addressed this item: Joey Fullmer expressed her concerns, Arthur Harris discussed the Bayside District's position, Michael Rooney discussed pedestrian safety, Chuck Allord spoke in opposition to outdoor dining in the transit mall, Jerry Rubin spoke in support of outdoor dining areas in the district, Alex Man spoke in opposition to the use of market umbrellas and the removal of existing trees, Pam Vavra spoke in opposition to the removal of mature trees, and Olwyn Perrene spoke in opposition to the setback. Motion by Councilmember Genser. seconded bv Councilmember O'Connor. to approve the recommendation with the modification to include the 6' setback on the angular basis. 7 August 14,2001 ADMINISTRATIVE PROCEEDINGS: 1333 OCEAN AVENUE CouncilmemberA1cKeown was excused at 9:40 p.m. Motion to amend bv Councilmember McKeo~ to allow 2 square foot menu boards, for menus only. The motion was accepted as friendly. The motion, as amended, was approved by the following vote: AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein NOES: None ABSENT: Councilmember Katz 6-A: Appeal of Landmarks Commission decision designating 1333 Ocean Avenue as a City Landmark - recommendation to uphold the Landmarks Commission decision designating the structure located at 1333 Ocean Avenue as a City Landmark, and deny the appeal. Appellant: Sherman Stacey, Esq. Appellant Sherman Stacy, Esq. spoke in support ofthe appeal and requested that Council delay taking action. Members of the public Jerry Rubin, Margot Alofsin, Tom Cleys, Pam Vavra spoke in support of staff's recommendation to designate the structure as a landmark. Motion bv Councilmember Genser. seconded by Mayor Pro Tern Bloom, to deny the appeal and uphold the Landmarks Commission decision designating the structure located at 1333 Ocean Avenue as a City Landmark. The motion was approved by the following vote: AYES: Councilmembers O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein NOES: None ABSTAIN: Councilmember Holbrook ABSENT: Councilmember Katz 8 August 14,2001 ORDINANCES: 7-A: Second reading and adoption of Ordinance No. 2018 (CCS)/R"B REFERENDUMIRECALL entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETITIONS SANTA MONICA ADDING SECTION 11.04.176 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO REFERENDA AND RECALLS", was presented. Motion by Mayor Feinstein.. seconded by O'Connor to hold second reading and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councihnember Genser, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein Councihnember Holbrook Councihnembers Katz and McKeown NOES: ABSENT: EMERITUS COMMISSIONERS 7-B Second reading and adoption Ordinance No. 2019 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTAMONICAAMENDINGSANTAMONICAMUNICIP AL SECTION 2.48.030 AND ADDING SECTION 2.56.031 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO EMERITUS COMMISSIONERS ON THE CITY'S COMMISSION FOR OLDER AMERICANS AND COMMISSION ON THE STATUS OF WOMEN", was adopted. Councilmember McKeown returned at 9:50 p.m. Motion by Mayor Feinstein. duly seconded. to hold second reading and adop1 the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councihnember Holbrook, O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein NOES: None ABSENT: Councihnember Katz CALPERS 7-C: Second reading and adoption of Ordinance No. 2020 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM", was adopted. 9 August 14,2001 .. Motion by Councilmember Holbrook. seconded by Councilmember O'Connor. to hold second reading and adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmember Holbrook, O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmember Katz NOES: ABSENT: STAFF 8- A: Discussion of election reform including possible modifications to ADMINISTRATIVE the City's Campaign Financing Restrictions. (Continued from July 24, ITEMS 2001.) CAMPAIGN FINANCING RESTRICTIONS On order of the Mayor, this matter was continued to a future meeting. SECOND UNITS IN R-l AND OP-l DISTRICTS 8-C: Recommendation to discuss policy alternatives regarding second units in the R-l and OP-l Districts, and direct staff to prepare an appropriate ordinance. Members of the public Chuck Allord, Pam Vavra, James Issacs, and Bob Seldon expressed various concerns. Motion by Councilmember McKeown. seconded by Mayor Feinstein. to direct staff to further develop the policy options and the projected consequences for those options, and schedule another public hearing when that information is available. The motion was approved by the following vote: AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Mayor Pro Tern Bloom, Mayor Feinstein NOES: None ABSENT:CouncilmemberKatz WRITTEN COMMUNICATIONS BUILDING & SAFETY CODE 12-A: Request of Michael Manchester to address Council regarding issues of compliance with the Building and Safety Code, was presented. On order of the Mayor, the information was received and filed. 10 August 14,2001 COUNCILMEMBER DISCUSSION ITEMS ANNUAL VACANCIES SOCIAL SERVICES COMMISSION PERSONNEL BOARD NAFTA 13-A: Annual vacancy appointments to the following boards and ~ commissions: (Continued from July 10,2001). Commission Arts Commission Building & Safety Commission Convention & Visitors Bureau Commission on the Status of Women Vacancies 1 2 1 1 Term Ending 06/30/05 06/30/05 06/30/05 06/30/05 Councilmember Genser nominated Rachel Lachowicz for appointment to the Arts Commission for a term ending 06/30/05. Rachel Lachowicz was appointed by acclamation, with Councilmember Katz absent. On order of the Mayor, the Building & Safety Commission the appointment was continued to September 11, 2001. On order of the Mayor, the Convention & Visitors Bureau appointment was continued to September 25, 2001. On order of the Mayor, the Commission on the Status of Women appointment was continued to September 11, 2001. 13-B: Appointment to an unscheduled vacancy on the Social Services Commission for a partial tenn ending June 30,2003. (Continued from July 24,2001.) Mavor Feinstein nominated Patrick Kelly for appointment to the Socia: Services Commission for a partial term ending June 30, 2003. Patrick Kelly was appointed by acclamation, with Councilmember Katz absent. 13-C: Appointment to an unscheduled vacancy on the Personnel Board for a partial tenn ending June 30,2004. (Continued from July 10,2001.) On order of the Mayor, this appointment was continued to September 25, 2001. 13-D: Request of Mayor Feinstein and Councilmember McKeown that the City Council pass Resolution No. 9692 (CCS) entitled: "A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA MONICA OPPOSING THE EXTENSION OF THE NORTH AMERICAN FREE TRADE AGREEMENT TO THE FREE TRADE AREA OF THE AMERICAS"; send a letter to Santa Monica's federal 11 August 14,2001 PUBLIC INPUT ADJOURNMENT: representatives opposing so-called "Fast Track" legislation that would eliminate existing Congressional powers to amend trade treaties, thereby disempowering local communities and local control over local issues; and work with State and Federal officials on ensuring that environmental, public health, and worker protections at the State and local level are not compromised by such federal legislation. Members of the public Chuck Allord and Quincy expressed their concerns. Motion bv Councilmember McKeown. seconded bv Mavor Feinstein. to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein NOES: None ABSENT: Councilmember Katz Members ofthe public Joe Pallucci and Justice Delayed Is Justice Denied spoke regarding people with disabilities. Motion by Councilmember McKeown. seconded bv Mayor Feinstein, to continue the meeting past 11 :00 p.m. The motion was unanimously approved by voice vote, with Councilmember Katz absent. Members of the public Zeljka Ulan, Brett Svatek, Pau1a McMath, Jamie Palumbo, Benjamin Rapoport, Brian Judd, Darren Hanvey, Arthur Harris, and Matt Arnold spoke regarding the Lido Apartments. Member of the public Quincy expressed various concerns. On order ofthe Mayor, the City Council meeting was adjourned at 11:25 p.m. to 5:45 p.m. on September 11,2001. ATTEST: //:. /' ~~t~-t~<iPr Assistant City Clerk Mayor 12 August 14,2001