M-3/25/2003
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 25, 2003
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:46
p.m., on Tuesday, March 25,2003, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Richard Bloom
Mayor Pro Tern Kevin McKeown
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:05 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order ofthe Mayor, the City Council convened at 5:46 p.m., with
Councilmember Holbrook absent. Assistant to the City Manager Mona
Miyasato, led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Member of the public Joey Fullmer expressed various concerns. Members
ofthe public Kirk Brungard spoke in support ofItem I-D. Member of the
public Tim Creyaufmiller spoke in opposition to Item I-B.
At the request of Council member Feinstein, Item I-A was removed from
the Consent Calendar. At the request of Council member Katz, Item I-B
was removed from the Consent Calendar. At the request of Councilmember
Genser, Item l-E was removed from the Consent Calendar.
Motion by Mayor Pro Tern McKeown. seconded to Councilmember Katz,
to approve the remaining items on the Consent Calendar. The motion was
approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
March 25,2003
NOES:
ABSENT:
None
Councilmember Holbrook
STREET/PARKING LOT/ l-C: Street and park parking lot resurfacing and sidewalk repair
SIDEWALK REPAIR project - recommendation to approve the proposed appropriation of funds
and budget adjustments; authorize the City Manager to negotiate and
execute Contract No. 8198 (CCS) with Security Paving Company, in the
amount of $5,778,000, for construction services; and Contract No. 8199
(CCS) with Caltrop Engineering, in the amount of $455,400, for
construction management services, was approved.
STREET/PARK
LIGHTING PROJECT
I-D: Street and park lighting project - recommendation to authorize
the City Manager to negotiate and execute Contract No. 8200 (CCS) with
C.T.&F., Inc., in the amount of $780,095, for construction services for the
project, was approved.
SENIOR SERVICES
I-A: Recommendation to adopt Resolution No. 9842 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
SUBMITTAL OF GRANT APPLICATION AND THE SIGNING OF
CONTRACT NO. 9842 (CCS) TO PROVIDE MEAL AND TELEPHONE
REASSURANCE SERVICES FOR ELDERLY PERSONS," was
presented.
Councilmember Feinstein requested information regarding the impact off.
economy on Los Angeles County and the effect on grant funds. Staff
provided the requested information.
Motion by Councilmember Feinstein. seconded by Councilmember
O'Connor, to adopt the resolution, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
PARKING STRUCTURE 7 I-B: Seismic retrofit for Parking Structure 7 - recommendation to
authorize the City Manager to negotiate and execute: Contract No. 8196
(CCS) with G.B. Cooke, in the amount of$3,635,057, for construction of
seismic retrofit; an amendment to Contract No. 7861 (CCS) with Black and
Veatch Corporation, for Engineer-of-Record services, in an amount not to
exceed $142,600; and Contract No. 8197 (CCS) with Black and Veatch
Corporation, in the amount of$557,750, for construction management
2
March 25,2003
services for the project, was presented.
Councilmernber Katz asked staff for information regarding the amount of
the contingency and the contracts for Black and Veatch Corporation. Staff
provided the requested information.
Motion by Councilmember Genser. seconded by Mavor Pro Tern
McKeown, to approve staff recommendation amending the total amount
from $4,335,407 to $4,135,407 based on staffs report, as proposed by staff.
The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Katz, O'Connor
Councilmember Holbrook
NOES:
ABSTAIN
ABSENT:
PARKING CITATIONS l-E: Parking citation processing and adjudication services-
recommendation to authorize the City Manager to negotiate and execute
five-year Contract No. 8201 (CCS) with ACS State and Local Solutions for
parking processing and adjudication services, was presented.
Councilmernber Genser stated that he had concerns about doing what used
to be a judicial process through a contractor, and asked questions related to
information in the staff report. Staff provided the requested information.
Motion of Council member Genser. seconded by Councilmember O'Connor,
to approve staff recommendation. The motion was approved by the
following vote.
AYES:
Councilmembers O'Connor, Genser, Katz, Feinstein, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
RECESS:
On order ofthe Mayor, the City Council recessed at 6:40 p.m., to discuss
closed sessions, and returned at 7:05 p.m., with Councilmember O'Connor
absent. At the request of the City Attorney, the report on closed sessions to
be held later in the meeting.
SPECIAL ITEMS:
4-A: The Mayor issued a Proclamation in recognition of Women's
History Month.
3
March 25, 2003
ORDINANCES:
SHORT-TERM
HOUSING
EMPLOYEE PHYSICAL
EXAMINATIONS
SMOKING IN CITY
PARKS
7-A: Second reading and adoption of Interim Ordinance No. 2070
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONIC
EXTENDING ORDINANCE NO. 2012 (CCS) CONCERNING A
MORATORIUM ON THE DEVELOPMENT OF AND CONVERSION
TO SHORT-TERM HOUSING," was presented.
Motion by Councilmember Feinstein. seconded by Mayor Pro Tern
McKeown, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-B: Introduction and first reading of ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA TO CHANGE
MUNICIPAL CODE SECTION 2.04.520 RELATING TO PHYSICAL
EXAMINATIONS FOR CITY EMPLOYEES," was presented.
There was no one present for public comment.
Motion by Mayor Pro Tern McKeown. 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 O'Connor, Holbrook, Genser, Katz,
Feinstein, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
7-C: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION
4.44.040 TO THE MUNICIPAL CODE PROHIBITING SMOKING IN
CITY PARKS," was presented.
Member ofthe public Joey Fullmer expressed various concerns. Members
of the public Robert Berger and Jerry Rubin spoke in support of the
ordinance.
Motion by Mayor Pro Tern McKeown. seconded by Mayor Bloom, to
introduce the ordinance, reading by title only and waiving further reading
4
March 25,2003
thereof, amended to add the words "or tobacco" after the word "cigar" in
Section 4.44.040 (a)(2); Amending finding "f' on page 2 to read:
"Additionally, discarding cigarettes, cigar butts and tobacco onto the ground
in City parks is unsightly, unclean and particularly hazardous to small
children who handle them and sometimes ingest them"; amending finding
"J" to read: "Moreover children and youth who observe smoking and
tobacco use in public parks may model the behavior." The motion was
approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook, Mayor
Pro Tern McKeown, Mayor Bloom
Councilmember O'Connor
None
NOES:
ABSENT:
Councilmember O'Connor stated, for the record, that she voted in
opposition because State law in place already adequately addresses this
Issue.
STAFF ITEMS:
MAIN LIBRARY
EXPANSION
8-A: Capital Improvement Project Deferrals to fund the Main
Library Project - recommendation that Council affirm diversion of funds
from specified capital projects to the Main Library expansion project, or
select funds from alternative capital projects; and adopt Resolution No.
9843 (CCS)entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA DECLARING THE CITY'S INTENT TO REIMBURSE
CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS,"
was presented.
Members ofthe public Jonathan Arenberg, Sherrill Kushner, and Jerry
Rubin spoke in support of the recommendation. Members of the public
John Petz, Frank Schwengel, and Tricia Crane spoke in opposition of the
recommendation.
Motion by Councilmember Genser. seconded by Councilmember
O'Connor, to defer $3.64 million in new income as follows: $1.3 million
from Airport Avenue; $1.4 million from Civic Center Improvement Fund;
and the $940,000 identified in staffs supplementary memo. Of these funds
$520,000 to be used for park restroom improvement program; $2,096,000
for breakwater; $250,000 for Euclid Park; and the balance to restore
pedestrian safety programs. The motion was approved by the following
vote:
AYES:
Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor
5
March 25, 2003
AB 1412
WRITTEN
COMMUNICATIONS:
USE OF PUBLIC
FACILITIES
NOES:
ABSENT:
Pro Tern McKeown, Mayor Bloom
Councilmember Feinstein
None
Councilmember Feinstein stated, for the record, that although he supports
the library project, he voted against the motion because Council
unnecessarily gave up flexibility on capital projects that it will need at the
June budget hearing. And while Council can revisit issues, Council has
given unnecessary momentum to certain choices without a larger context in
which to consider them.
Motion to Mayor Pro Tern McKeown. seconded by Councilmember
Feinstein, to adopt the resolution, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Feinstein, Katz, Genser, Holbrook,
O'Connor, Mayor Pro Tern McKeown, Mayor Bloom
None
None
NOES:
ABSENT:
8-B: Recommendation to authorize staff to seek inclusion of the City
in AB 1412 which seeks State legislative authority to allow City voters
to increase a city's sales tax rate, and advocate for passage of the bill,
was presented.
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to approve staff recommendation. The motion was approved by the
following vote:
AYES
Councilmembers Feinstein, Genser, Holbrook, O'Connor,
Mayor Pro Tern McKeown, Mayor Bloom
Councilmember Katz
None
NOES:
ABSENT:
12-A: Request of William Thornton to ask Council to take action to
prevent the interference of his participation in City public facilities for
the purpose of doing research, was presented.
On order of the Mayor, the information was received and filed.
6
March 25,2003
COUNCIL ITEMS:
COMMISSION ON
OLDER AMERICANS
13-A: Appointment to one special vacancy on the Commission on
Older Americans for a term ending June 30, 2003.
13-B: Appointment to one annual vacancy on the Commission on
Older Americans for a term ending June 30, 2006, due to a previous
appointee's withdrawal from the position.
On order of the Mayor, Items 13-A and 13-B were continued to April 8,
2003.
WAIVER OF FEES
13-C: Request of Councilmember O'Connor to waive associated fees
for, and authorize the City to co-sponsor with Assemblymember Pavley
and Board of Equalization Chair John Chiang, a free tax seminar for
nonprofit and exempt organizations to be held at Marine Park
Auditorium on June 27, 2003, was presented.
Motion bv Councilmember O'Connor. seconded by Councilmember Katz,
to approve request. The motion was unanimously approved by voice vote,
with all members present.
SB 504
13-D: Request of Councilmember Pam O'Connor that City Council
support SB 504 (Kuehl) which establishes a Joint Powers Authority for
the purposes of awarding and overseeing contracts for the Los Angeles
to Santa Monica light rail on the Exposition Right of Way and would
require a governing board of 5 voting members, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
approve request. The motion was unanimously approved by voice vote,
with all members present.
TENANT PROTECTION/ 13-E: Request of Mayor Pro Tern McKeown that the Santa Monica
AFFORDADLEHOUSING City Council support state housing and tenant protection bills SB 345
(Kuehl), SB 90 (Torlakson), AB 647 (Nunez), AD 831 (Goldberg), AD
Counci/member Holbrook 1059 (Lieber), and SB 178 (Cedillo), and that Santa Monica's support
was excused at 9:46 p.m. be promptly communicated to appropriate legislators and Governor
Davis, was presented.
Councilmember Holbrook requested to be excused because of a possible
conflict of interest with this matter.
Motion hy Mayor Pro Tern McKeown. seconded by Councilmember
Genser, to approve request, amended to include an inquiry and follow up to
assure that this action does not pre-empt the City's existing tenant-
7
March 25, 2003
AB 907
CLOSED SESSIONS:
harassment law. The motion was unanimously approved by voice vote, with
Councilmember Holbrook absent.
13-F: Request of Mayor Pro Tem McKeown that the Santa Monica
City Council support our Assemblymember Fran Pavley's Bill AB 907,
setting environmental education standards for the State of California,
and that Santa Monica's support be promptly communicated to
appropriate legislators and Governor Davis, was presented.
Motion by Councilmember Katz. seconded by Councilmember Feinstein, to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Holbrook absent.
On order of the Mayor, the City Attorney reported on the following closed
seSSIOns:
2-B: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 01 CC4331.
Motion by Councilmember Katz. seconded by Councilmember Feinstein, to
approve settlement from defendant ARCO to pay City $9,750,000, within
30 days of the trial court's good faith determination approving the
settlement, which determination ARCO will apply for promptly. The
motion was approved by the following vote:
NOES:
ABSENT
Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Six.
ACTION: Heard three cases. No reportable action taken on two cases.
The following action was taken on the third case:
Motion by Councilmember Feinstein. seconded by Councilmember Katz, to
approve a settlement as follows: (1) Allow Barney's Beanery to operate the
premises pursuant to CUP 93-0302 provided Barney's Beanery commences
full operation of the restaurant, including alcohol service, by January 15,
2004, in accordance with the floor plan set forth in the agreement between
the parties; (2) If Barney's Beanery or any successors ceases operation of a
restaurant with alcohol service for a period of one year or more then, CUP
8
March 25, 2003
PUBLIC INPUT:
RECESS
Councilmember Katz was
excused at 10:15 p.m.
CLOSED SESSIONS:
ADJOURNMENT:
93-0302 shall be considered expired and a new CUP will be required before
alcohol service can be undertaken; and (3) Barney's agrees to include
specific conditions to its ABC license. The motion was approved by the
following vote:
AYES
Councilmembers Feinstein, Katz, Genser, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Holbrook
NOES:
ABSENT:
2-D: Conference with Legal Counsel- Existing Litigation: Action v.
City of Santa Monic!!, Case No. LASC BC 271062
ACTION:
Heard. No reportable action taken
Members of the public Pro Se, Jennie Sheer and Joe Paolucci spoke in
support of Mr. Paolucci's appointment to a commission. Jeff Norman
expressed concerns regarding the City's law on parking tickets.
On order of the Mayor, the City Council recessed at 10:05 p.m., to continue
discussion of closed sessions and reconvened at 10:20 p.m., with
Councilmembers Katz and Holbrook absent to report the following actions:
2-A: Conference with Legal Counsel- Existing Litigation: Adib
Saehizadeb v. City of Santa Monica, Case No. SC 070 956.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeown, to approve settlement in the amount of $40,000. The motion
was approved by the following vote:
AYES:
Councilmembers Feinstein, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
Councilmembers Holbrook, Katz
None
ABSENT
NOES:
On order ofthe Mayor, the City Council meeting was adjourned at 10:25
p.m.
ATTEST:
~ .C\~:..~__ ~~
Maria M. Stewart ~.....
City Clerk
APPROVED:
€:~
Mayor
9
March 25, 2003