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M-9/11/2001 CITY OF SANTA MONICA fll'!'W CITY COUNCIL MINUTES SEPTEMBER 11, 2001 A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at 5:50 p.rn., on Tuesday, September 11,2001, 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 (Absent) Councilmember Herb Katz Councilmember Kevin McKeown Councilmember Pam O'Connor Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CONVENEIPLEDGE COMMENTS ON SEPTEMBER 11, 2001 TERRORIST ATTACK CONSENT CALENDAR: On order ofthe Mayor, the City Council convened at 5:50 p.m., with Councilmember Holbrook absent. The Pledge of Allegiance was recited by members of the audience, in unison. Mayor Pro Tern Bloom urged everyone to come together as a country and as a community, and expressed his pride and gratitude for the efforts shown by the residents of the City wanting to help in the wake of the terrorist attacks that occurred this morning in Washington, D.C., New York City, and Pennsylvania. 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, Pro Se, and Chuck Allord addressed various items on the Consent Calendar. At the request ofCouncilmember McKeown, Items I-D and I-J were removed from the Consent Calendar. 1 September 11, 2001 MINUTES EARTHQUAKE RESOLUTION STREETLIGHTS LOBBYING SERVICES BBB CAMPUS EXPANSION ENVIRONMENTAL INITIATIVES - OUTREACH Motion bv Mayor Pro Tern Bloom. seconded by Councihnember O'Connor, to approve all items on the Consent Calendar as presented except Items I-D and I-J, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councihnembers Katz, Genser, McKeown, O'Connor, Mayor Pro Tem Bloom, Mayor Feinstein None Councihnember Holbrook NOES: ABSENT: I-A: The minutes of June 12 and June 19,2001, City Council meetings, were approved, with minor typographical corrections. I-B: Earthquake Recovery Resolution - Resolution No. 9693 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. l-C: Construction of streetlights in various City streets - recommenda- tion to authorize the City Manager to negotiate and execute Contract No. 8002 (CCS) with L.A. Signal, Inc., in the amount of$262,070, for installation of streetlights on Dewey Street from 17th Street to 23rd Street, Robson Avenue from 17th Street to Dewey Street, and Marine Street from Lincoln Boulevard to 17th Street, was approved. l-E: Provision of Federal lobbying services - recommendation to authorize the City Manager to negotiate and execute Contract No. 8004 (CCS) with The Ferguson Group, in the amount of$66,400, to continue to provide Federal lobbying services on behalf of the City, was approved. I-F: Design of Big Blue Bus Campus Expansion - recommendation to authorize the City Manager to negotiate and execute professional services Contract No. 8005 (CCS) with Hellmuth, Obata + Kassabaum, Inc., in the amount of $3,910,000, for the design of the Big Blue Bus Campus Expansion, was approved. I-G: Environmental Public Education Initiatives Outreach - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7871 (CCS) with Cowan Communications Arts, in the amount of $147,500, for the design and production of outreach materials for the City's environmental public education initiatives, was approved. Seotember 11. 2001 MOSS AVENUE PUMPING STATION VIRGINIA AVENUE PARK PLAYGROUND STORMWATER DRAINAGE SYSTEM CENTINELA STORM DRAIN AIRCRAFT NOISE STANDARDS I-H: Moss Avenue Pumping Station, Phase 2 Project - recommendation I to authorize the City Manager to negotiate and execute an amendment to Contract No. 7519 (CCS), with Pacific Mechanical Corporation, to increase the contingency in the amount of$58,554.14, for the Moss Avenue Pumping Station, Phase 2 Project, was approved. I-I: Resolution approving application for grant funds for renovation of the Virginia Avenue Park Playground - recommendation to adopt Resolution No. 9694 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S PARK PLAYGROUND ACCESSIBILITY AND RECYCLING GRANT PROGRAM FOR RENOVATION OF THE VIRGINIA AVENUE P ARK PLAYGROUND," and authorizing the City Manager to execute all necessary documents and recommended budget changes, was approved. I-K: Maintenance Services for stormwater drainage system _ recommendation to authorize the City Manager to negotiate and execute a second amendment to Contract Number 7603(CCS) with the Los Angeles Conservation Corps, in the amount of $50,000, to provide maintenance and data services for the City's stormwater drainage system, was approved. l-L: Resolution No. 9695 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMISSION OF A GRANT PROPOSAL TO THE CALIFORNIA INTEGRATED WASTE BOARD FOR AN URBAN RUNOFF TREATMENT SYSTEM IN THE CENTINELA STORM DRAIN," and Resolution No. 9696 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE SOLID WASTE DISPOSAL SITE CLEAN UP TRUST FUND OF TH STATE OF CALIFORNIA FOR A SITE CLEAN UP PROJECT," were adopted. I-M: Resolution No. 9697 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SUPPORTING EFFECTIVE STAGE IV AIRCRAFT NOISE STANDARDS BY THE INTERNATIONAL CIVIL AVIATION ORGANIZATION AND THE FEDERAL AVIATION ADMINISTRATION," was adopted. 3 September 1, 200 I ENERGY EFFICIENCY CouncilmemberAlcKeown was excused at 6:00 p.m. RENEWABLE ELECTRICITY Councilmember AlcKeown returned at 6:01 p.m. I-D: Energy Efficiency Partnership with the Santa MonicalMalibu Unified School District - recommendation to authorize the City Manager to negotiate and execute Agreement No. 8003 (CCS) with the Santa MonicaIMalibu Unified School District, in the amount of $500,000, for the implementation of an Energy Efficiency Partnership; and accept grant funding in the amount of$35,000, and authorize use ofthe funds for a Solar Energy Feasibility Study, was presented. Councilmember McKeown advised he was recusing himself from voting on this item due to a conflict of interest. Motion by Mayor Pro Tern Bloom. seconded by Councilmember Katz, to approve staff recommendation. The motion was approved by the following vote: AYES Councilmembers Katz, Genser, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmembers Holbrook, McKeown NOES: ABSENT: I-J: Purchase of renewable electricity for City facilities - recommenda- tion to authorize the City Manager to negotiate and execute Agreement No. 8006 (CCS) with Commonwealth Energy Corporation, under the proposed terms, for the purchase of renewable electricity for City facilities, was approved. Councilmember McKeown stated he wanted to highlight the action being recommended as well as to commend staff on their work regarding this matter. Motion by Councilmember McKeown. seconded by Mayor Feinstein, to approve staff recommendation. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, O'Connor, McKeown, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT 4 Seotember 1. 2001 CLOSED SESSIONS CLOSED SESSIONS: On order ofthe Mayor, the City Council recessed at 6:03 p.m, to consider closed sessions, and reconvened at 6:54 p.m., to I report the following actions: 2-A: Conference with Legal Counsel- Existing Litigation: CALHO v. City of Santa Monica, Case No. BS 053 199. ACTION Heard. No reportable action taken. 2-B: Conference with Legal Counsel- Existing Litigation: Alice Cole. et al.. v. City of Santa Monica, Case No. SC 067 033. ACTION Heard. No reportable action taken. 2-C: Conference with Legal Counsel- Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899. ACTION Heard. No reportable action taken. 2-D: Conference with Legal Counsel- Existing Litigation: Boathouse Host. Inc.. et aL. v. City of Santa Monica, Case No. CV 01-07106 RSWL. ACTION: Heard. No reportable action taken. 2-E: Conference with Legal Counsel- Existing Litigation: Seyed All Hashemian v. City of Santa Monica, Case No. SC 061 051. ACTION. Heard. No reportable action taken. 2-F: Conference with Legal Counsel- Existing Litigation: The Santa Monica Observer Newspaperv. City of Santa Monica, Case No. SC 067 747. ACTION. Heard. No reportable action taken. 2-G: Conference with Legal Counsel- Existing Litigation: Dorothv Roederv. City of Santa Monica, Case No. SC 061238. ACTION: Not heard. 5 September . 200 I CONTINUED ITEMS: PIER RESTORATION CORPORATION 2-H: Conference with Legal Counsel- Existing Litigation: Southern California Water v. City of Santa Monica, Case No. SC 064 682. ACTION: Heard. No reportable action taken. 2-1: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell, Case No. 313004. ACTION: Heard. No reportable action taken. 2-J: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Five. Motion by Councilmember McKeown. seconded by Councilmember Katz, to allow completion of development project at 641 Ashland. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. Motion by Councilmember Katz. seconded by Councilmember McKeown, to allow completion of development project at 1254 24th Street. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 5-A: Three appointments to full terms on the Pier Restoration Corporation; one with a term ending November 09, 2004, and two with terms ending November 08, 2005. On order of the Mayor, the floor was opened for nominations. Councilmember Katz nominated Marty Borko to a term ending November 9, 2004. Mayor Feinstein nominated Edward (Jerry) Greenwalt. Mr. Borko was nominated by the following vote, with Councilmember Holbrook absent: Marty Borko: Councilmembers Katz, Genser, O'Connor, Mayor Pro TemBloom Edward Greenwalt: Councilmember McKeown, Mayor Feinstein Councilmember Genser nominated Jerry Greenwalt to term ending November 8, 2005. There being no other nominations, Mr. Greenwalt was appointed by acclamation, with Councilmember Holbrook absent. 6 September 11, 2001 ORDINANCES: MAIN LIBRARY BONDS BUILDING ENERGY PERFORMANCE Councilmember Katz nominated Fred Ordower. Councilmember Genser nominated Sandra Pettit. Ms. Pettit was appointed by the following vote, with Councilmember Holbrook absent: l!l!m!ffi Fred Ordower: Sandra Pettit: Councilmember Katz Councilmembers Genser, McKeown, O'Connor, Mayor Pro Tern Bloom, Mayor Feinstein 7-A: First reading and adoption of Ordinance No. 2021 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA SETTING THE FISCAL YEAR 2001-02 TAX RATE FOR THE 1990 MAIN LIBRARY IMPROVEMENTS PROJECT GENERAL OBLIGATION BONDS," was presented. There was no one present for public comment. Motion by Councilmember Katz. seconded by Councilmember Genser, to introduce and adopt the ordinance, reading by title only and waiving further reading thereof. The ordinance was adopted by the following vote: AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Mayor Pro Gem Bloom, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT; 7-B: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 8 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO BUILDING ENERGY PERFORMANCE STANDARDS IN NEW AND RENOVATED COMMERCIAL AND MULTI-FAMILY RESIDENTIAL CONSTRUCTION IN THE CITY," was presented. Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom, 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: Councilmernbers O'Connor, McKeown, Genser, Katz, Mayor Pro Tern Bloom, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT: 7 September 11, 2001 STAFF ITEMS: DISABILITY/COMMU- NITY ACCESSmILITY COMMITTEE AIRCRAFT NOISE REGULATION RETAIL MIX AT THIRD STREET PROMENADE 8-A: Approval of proposed mission, scope, goals and membership for the Disability Community Accessibility Committee. Members of the public Joey Fullmer, Pro Se, and Jerry Rubin addressed various concerns regarding the proposed recommendations. Motion by Councilmember Genser. seconded by Councilmember Katz, to approve the recommendation amended to expand the membership number from 9 to 11. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Mayor Pro Gem Bloom, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT: Motion bv Councilmember Genser. seconded by Councilmember Katz, that in addition to the nine candidates recommended by staff, appoint Julie Janower Klein and Elizabeth Bogen. There being no other nominations, the motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 8-B: Recommendation to direct staff to draft an amending ordinance regulating aircraft noise, revise certain aircraft noise abatement enforcement procedures and increase civil fines for noise violations, pursuant to voter initiative Proposition MM. On order of the Mayor and consensus of the Councilmembers, this matter was continued to a future Council meeting, with direction to staff to prepare and return with an ordinance, as soon as possible. 8-C: Recommendation to approve actions proposed by the Bayside District Corporation (BDC) Board of Directors to protect and foster the appropriate mix of retail, restaurant and other uses on the Third Street Promenade; authorize staff to implement approved actions; conduct a public hearing to determine if the Bayside District Specific Plan should be amended; and, direct staff to continue to work with BDC to identify and propose additional desired strategies and actions. On order ofthe Mayor, this matter was continued to October 9,2001. 8 September 11, 2001 CHANGE OF COUNCIL MEETING START TIME PUBLIC HEARINGS: HOMELESS SERVICES PLAN 8-D: Recommendation to adopt Resolution No. 9698 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NO. 9614 (CCS) REGARDING THE RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS," or to direct staff to return with a resolution reflecting Council preferences, was presented. Member of the public Jerry Rubin expressed various concerns regarding the proposed order the City Council's agenda. Motion by Mayor Pro Tern Bloom. seconded by Councilmember O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof. Motion to amend by Councilmember Genser, regarding convening after closed session, the wording be changed to "Council will reconvene as soon as possible after closed sessions, but no earlier than 6:45 p.m." The motion was accepted as friendly. The motion, as amended, was approved by the following vote: AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Mayor Pro Gem Bloom, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT: 9-A: Public Hearing and approval of Fiscal Year 2000-01 Annual Review of City Coordinated Plan for Homeless Services - recommendation that City Council hold a public hearing to gain input, and approve the FY 2000-01 Annual Review of the City' Coordinated Plan for Homeless Services. On order of the Mayor, and with consensus of Council, members of the public that are present will be heard, and then the public hearing will be continued to September 25,2001. Members of the public Micki McClure and Joel Roberts expressed concerns about various issues, including safety, as related to the homeless population in the City. Members of the public Anita Phillips, John Macedo, Donna Gentry, Jerry Rubin, Ron Taylor, Jennafer Waggoner, and Randy Walburger spoke in support of the plan for homeless services. <) September 11, 2001 REPORTS OF BOARDS AND COMMISSIONS: SUPPORT FOR SB11 AND AB36 WRITTEN COMMUNICATIONS: TAXI ZONES CROSSWALKS AND TRAFFIC SIGNALS COUNCILMEMBER ITEMS: BOARDS AND COMMISSIONS On order of the Mayor, the public hearing was continued to September 25, 2001. 10-A: Recommendation by the Commission On the Status of Women to support two bills in the California State Legislature: SB11, and its companion measure and AB36, to limit the use of "Secrecy Agreements," involving defective products, environmental hazards, unfair insurance claims practices and financial fraud. Motion by Councilmember McKeown. seconded by Councilmember Katz, to approve recommendation. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 12-A: Request of Mr. Y oussefi that the City establish a taxi zone on Santa Monica and/or on Broadway, was presented. Motion by Councilmember O'Connor. seconded by Councilmember McKeo.ID!, to direct staff to provide an information item on options for Council to proceed with a possible taxi franchise. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 12-B: Request of Kathleen Masser, Julie Lopez Dad, Bill Creber, and Cordula Ohman that staff examine replacement of crosswalks and to consider various alternatives mitigating traffic on residential streets between Ocean Avenue and 4th Street with respect to the installation of additional traffic signals along Neilson Way. On order ofthe Mayor, this matter was continued to October 9,2001. 13-A: Annual vacancy appointments to the following boards and commissions: (Continued from August 14,2001.) Commission Bldg. & Safety Status of Women Vacancies Two One Term Ending 06/30/05 06/30/05 There being no applicants for the Building and Safety Commission, staff was directed to republish the vacancy. On order ofthe Mayor, appointment to the Commission On Status of Women was continued to October 9,2001. 10 September . 2001 LANDMARKS COMMISSION ARTS COMMISSION RESIGNATION RESIGNATION TENANT PROTECTION CHARTER AMENDMENT 13-B: Appointment to one annual vacancy on the Landmarks Commission for a term ending June 30, 2005. On order of the Mayor, this matter was continued to October 9,2001 13-C: Appointment to one unscheduled vacancy on the Arts Commission for a term ending June 30, 2003. On order of the Mayor, this matter was continued to October 9,2001 13-D: Acceptance of Lisa Janti's letter of resignation from the Commission on Older Americans, and authorization for the City Clerk to publish the vacancy. Motion by Mayor Pro Tem Bloom. seconded by Mayor Feinstein, to accept resignation and direct staff to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 13-E: Acceptance of Anthony Ephriam's letter of resignation from the Social Services Commission, and authorization for the City Clerk to publish the vacancy. Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to accept resignation and direct staff to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 13-F: Request of Councilmember McKeown, pursuant to a Rent Control Board memorandum to the City Council dated August 16, 2001, to direct staff to work with the Rent Control Board staff on preparing possible Charter Amendment and City ordinance language regarding eviction, harassment, bias against grandchildren, roommates, guests and other issues, was presented. Motion by Councilmember McKeown. seconded by Mayor Feinstein, to approve the request. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent. 1 September 11, 2001 ANGEL'S ATTIC 13-G: Request of Councilmember Holbrook that the City Council direct staff to evaluate and return to Council with recommendations regarding the offer of Jackie McMahon to: 1) move the Victorian House at 516 Colorado to a City designated site, at her expense, renting the site to her for $10/year for her lifetime or 15 years, whichever comes first; donate the lot at 516 Colorado to the City; operate the Angel's Attic at her expense, and establish an endowment of $IM to operate the museum after that time. On order of the Mayor, this matter was continued to future meeting. RESIGNATION 13-H: Acceptance of Sue Alexopoulos's letter of resignation from the Library Board, and authorization for the City Clerk to publish the vacancy, was presented. Motion by Mayor Pro Tem Bloom. seconded by Councilmember Genser, to accept resignation and direct staff to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent RESTAURANTIRETAIL USE MIX 13-1: Request of Mayor Feinstein that the discussion of Item 8-D regarding the restaurant/retail use mix in the Bayside District be re- scheduled as a "5" item on the October 9, 2001, City Council Meeting Agenda to allow additional time for consideration of the recommendations and to devote sufficient time to the item when it is heard. (Item to be considered with 8-C.) " ACTION See action taken on Item 8-C PUBLIC INPUT: Member of the public Mary Booth addressed airport noise and safety issues, Member of the public Pro Se announced the dates and times for various public service events to be held in the City. On order ofthe Mayor, the City Council meeting was adjourned at 9:22 p.rn., to September 25,2001, in memory of Ron Turner, and in memory of all of the victims ofthe terrorist attacks in New York, Washington, D.C. and Pennsylvania. r ADJOURNMENT: ATTEST.' ~ ~.~.'O~ . S \ Mana M. tewart City Clerk Michael Feinstein Mayor 12 September 1, 2001