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1403
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 28, 2000
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Genser at 6:20
p.m., on Tuesday, November 28, 2000, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Ken Genser
Mayor Pro Tem Pam O'Connor
Councilinember~chardB~om
Councilmember Michael Feinstein
Councilinember Robert T. Holbrook (arrived at 7:34 p.m.)
Councilinember Kevin McKeown
Councilmember Paul Rosenstein
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS
RECONVENE/PLEDGE
SPECIAL AGENDA
ITEMS:
SCHOOL DISTRICT
CONSENT CALENDAR:
CLOSED SESSIONS: On order of the Mayor, the City Council convened
at 6:20 p.rn., and then adjourned to consider closed sessions, with
Councilinember Holbrook absent. Action taken on closed sessions was
reported at the end of the meeting.
On order ofthe Mayor, the City Council reconvened at 7:16 p.m., with
Councilmember Holbrook absent. Troop 55 of the Boy Scouts led the
assemblage in the Pledge of Allegiance.
4-A: The Santa Monica-Malibu School District thanked Councilinembers
and the City of Santa Monica for their support ofthe school district and
youth of the community.
The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
Motion bv Mayor Pro Tern O'Connor. seconded bv Councilinember
Feinstein. to approve all items on the Consent Calendar as presented,
reading resolutions and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
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November 28,2000
1404
MINUTES
EARTHQUAKE
RECOVERY
RESOLUTION
AYES
Councilmembers Bloom, Feinstein, McKeown, Rosenstein,
Mayor Pro Tern O'Connor, Mayor Genser
None
Councilmember Holbrook
NOES:
ABSENT:
6-A: The minutes of June 27, July 11, July 18, and July 25,2000, City
Council meetings were approved as submitted.
6-B: Earthquake Recovery Resolution - Resolution No. 9597 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
DONATION OF POLICE 6-C: Recommendation to donate fifteen used Police Department
EQUIPMENT handheld radios to Santa Monica High School, was approved.
REJECTION OF BID -
AWARD OF CONTRACT
6-D: Rejection of bid and award of contract for sewer repair project -
recommendation to make a finding that the materials or services for this
project may be purchased more reasonably on the open market and that the
best interests of the City are served by rejecting all bids received; to
authorize the City Manager to negotiate and execute Contract No. 7848
(CCS) with Preussag Pipe Rehabilitation, Inc., in the amount of$2,413,158,
for repair of sewers in the area bounded by the easterly City limits, Lincoln
Boulevard, Ocean Park Boulevard, and the southerly City limits; and,
execute Contract No. 7849 (CCS) with Harris &Associates Engineering
Consultants, in the amount of$435,080, for management and inspection
services, was approved.
DESIGN OF CALIFORNIA6-E: Design services for California Incline Replacement, and Pier
INCLINE & PIER Bridge Widening - recommendation to authorize the City Manager to
BRIDGE WIDENING . negotiate and execute an amendment to Contract No. 7148(CCS) with
Wallace, Roberts & Todd, Inc., in the amount of$609,586, for design
services for the projects, was approved.
ARCADIA WATER
TREATMENT PLANT
6-F: Feasibility study of disinfection and softening treatment processes
at the Arcadia Water Treatment Plant - recommendation to authorize the
City Manager to negotiate and execute Contract No. 7850 (CCS) with
CH2M fiLL, in the amount of $49,241, to prepare a feasibility study for the
Arcadia Water Treatment Plant, was approved.
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November 28, 2000
1405
RISK MANAGEMENT 6-G: Expanded Risk Management Infonnation System -
INFORMATION SYSTEM recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 7482 (CCS) with Valley Oaks Systems, Inc., in
the amount of$65,600, to purchase an expanded information system for the
Risk Management Division, was approved.
PARKING & REVENUE
CONTROL EQUIPMENT
DONATION OF FIRE
DEPT. EQUIPMENT
CURB AND GUTTER
EQUIPMENT
BIG BLUE BUS
CONTRACT
6-H: Purchase of parking access and revenue control equipment -
recommendation to negotiate and execute Agreement No. 7866 (CCS) with
Sentry Control Systems, in the amount of$866,977 for each ofthree years,
for the acquisition of parking access and revenue control equipment for the
downtown parking structures, beach lots, and Pier parking lot, was
approved.
6-1: Donation of Fire Department equipment - recommendation to
approve donation of obsolete fire hose and other used Fire Department
equipment and clothing to the Volunteer Fire Department ofMazatlan,
Sinaloa, Mexico, on behalf of the City of Santa Monica, was approved.
6-J: Approval of rental costs for Curb and Gutter equipment -
recommendation to approve payment to Nixon-Egli Company, in the
amount of$95,569, for rental costs ofa curb and gutter machine, was
approved.
6-K: Amendment to professional services contract for the Big Blue Bus
-recommendation to authorize the City Manager to amend the professional
services contract with Innovative Resources Consultant Group, Inc., in an
amount not to exceed $120,000, for fiscal year 2000-01 organizational
development at the Big Blue Bus, was approved.
SHORT RANGE TRANSIT6-L: Short Range Transit Plan Update and Application for Funds -
PLAN recommendation to authorize the City Manager to file a Short Range Transit
Plan Update to permit the Big Blue Bus to remain eligible for federal and
state transit funds; and authorize the City Manager to file applications and
enter into necessary agreements for funds received, based on the Transit
Plan, was approved.
VACATION OF RIGHT-
OF-WAY ON 26TH ST.
6-M: Resolution ordering vacation of excess public right-of-way along
26th Street - recommendation to adopt Resolution No. 9598 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA SETTING A
PUBLIC HEARING ON DECEMBER 19, 2000, AND DECLARING THE
INTENTION OF ORDERING THE VACATION OF A PORTION OF
EXCESS PUBLIC RIGHT -OF- WAY ALONG 26TH STREET IN SANTA
MONICA," was approved.
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1406
RESIDENTIAL REPAIR
PROGRAM
ORDINANCES:
DESIGNATION OF
HISTORIC DISTRICT
Co unci/member Holbrook
arrived at 7:34 p. m.
DEVELOPMENT
REVIEW THRESHOLDS
6-N: Administration Services for Residential Repair Program -
recommendation to authorize the City Manager to execute Contract 7851
(CCS) with Comprehensive Housing Services, in the amount of$500,000,
to administer the Low Income Residential Repair Program through June 30,
2001, was approved.
END OF CONSENT CALENDAR
8-A: Introduction and first reading of an ordinance designating the
four residential buildings located at 137, 141, 145, and 147 Bay Street
as an Historic District, was presented.
The following members of the public spoke in support of the proposed
ordinance: Jim Simmons, Annette Del Zoppo, Kathleen Masser, Francesca
Smith, John Colussio, Darrell Clark.
The following members of the public spoke in opposition to the proposed
ordinance: Rosario Perry, Manhar Patel.
Motion by Councilmember Feinstein.. seconded by Mayor Pro Tern
O'Connor, 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 Holbrook, Bloom, Feinstein, McKeown,
Rosenstein, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT:
8-B: Second reading and adoption of Interim Ordinance No. 1991
(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA
MONICA MODIFYING ARTICLE IX OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO DEVELOPMENT REVIEW
THRESHOLDS IN THE RVC RESIDENTIAL VISITOR
COMMERCIAL DISTRICT, VARIOUS OTHER COMMERCIAL
DISTRICTS, MIINDUSTRIAL CONSERVATION DISTRICT AND
LMSD LIGHT MANUFACTURING AND STUDIO DISTRICT TO
7,500 SQUARE FEET," was presented.
Motion by Councilmember McKeown. seconded by Mayor Genser, to adopt
the ordinance, reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
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1407
URBAN RUNOFF
POLLUTION
EXCLUSION FROM
UTILITY TAX
AYES:
Councilmembers Bloom, Feinstein, McKeown,
Mayor Genser
Councilmembers Rosenstein, Holbrook,
Mayor Pro Tern O'Connor
None
NOES:
ABSENT:
8-C: Second reading and adoption of Ordinance No. 1992 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 7.10 OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO URBAN RUNOFF
POLLUTION, was presented.
Motion by Councilmember Feinstein. seconded by Councilmember Bloom,
to adopt the ordinance, reading by title only, and waiving further reading
thereof. The motion was adopted by the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT:
8-D: Second reading and adoption of Ordinance No. 1993 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6.72 OF THE SANTA MONICA
MUNICIPAL CODE (UTILITIES TAX) TO EXCLUDE GAS USED
TO PROPEL VEmCLES FROM THE TAX," was presented.
Motion by Councilmember McKeown. seconded by Councilmember Bloom,
to adopt the ordinance, reading by title only, and waiving further reading
thereof. The motion was adopted by the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES:
ABSENT:
STAFF ADMIN. ITEMS: 9-A: Proposed guidelines for leasing of non-aviation properties at the
NON-AVIATION Santa Monica Airport and City-owned properties within the Bayside
PROPERTY GUIDELINES District and at Bergamot Station - recommendation to approve the
proposed Leasing Guidelines for the subject properties and authorization for
the City Manager to implement the guidelines, as approved, was presented.
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November 28. 2000
1408
RECESS
AFFORDABLE ARTIST
HOUSING/STUDIO
SPACE
Mayor Pro Tern 0 'Connor
was excused at 10: 19 p. rn.
FLUORIDATION OF
DRINKING WATER
Motion by Councilmember Rosenstein. seconded by Councilmember
Holbrook. to hear public comment and delay action until item 9-B is
considered. The motion was approved by voice vote with Councilmembers
Feinstein, McKeown, and Mayor Genser voting in opposition.
The following members of the public spoke to different aspects of the
proposed guidelines, including proposed rent structure, terms of lease, the
need for artist studios, maintenance, and current status of properties: Leigh
Curran, Mitchell Block, Jay Abramowitz, Gary Walkow, Rick Spalding,
Bruria Finkel, Leslie Manssette, Dick Minium, John Clarizio, Rachel
Lackowicz, Leon Sankey, Jan Williamson, Greg Spotts, Kilian Kerwin,
Topey Schwarzenbach, Quincy, Larry Accord, Ted Rogers, Kenny Farrell,
Ron Johnson, Patricia Owen, Charles Gaines, Joan Vaupen, Fielden Harper,
Yossi Govrin, Don Brandsen, Wayne Blank, GriffHoemer, Lawrence
Shapiro, Stephanie Blank and Lee Zlotoff.
Motion by Councilmember Bloom. seconded by Mayor Genser, to hear from
the public on all major issues and delay deliberations until December 5,
2000. The motion was unanimously approved by voice vote, with all
members present.
On order of the Mayor, the Council recessed at 10:00 p.rn.., and reconvened
at 10:19 p.rn.., with Mayor Pro Tern O'Connor absent.
9-B: Study and Strategies for preservation of Santa Monica Affordable
Artist Housing and Studio Space - recommendation to receive and file the
proposed Study of Artist Live/W ork and Studio Space - in Santa Monica and
Strategies to Preserve and Enhance Affordable Artist Housing and Studio
Space, and authorize staff to proceed with implementation.
The following members of the public spoke in support of affordable artist
housing and studios: Todd Darling, Bruria Finkel, Larry Shapiro, Greg
Spotts, Jan Williams, and Robert Berman.
On order of the Mayor, action on this matter was continued to December 5,
2000.
9-C: Informational report on potential fluoridation of City drinking
water -recommendation to review information presented and provide policy
direction to staff.
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1409
PUBLIC HEARINGS:
STREETLIGHT
ASSESSMENT
COUNCILMEMBER
ITEMS:
LANDMARKS
COMMISSION
PIER RESTORATION
CORPORATION
PIER RESTORATION
CORPORATION
The following members of the public spoke in support of fluoridation of
water: Nancy Cattell, Dr. Jack Dillenberg, Darrell Craig, Maggie Hall, Jim
Haljun, Eleanore Meyer, Wendy Laufer, Philip Tresk, Jane Jeffries, Marilyn
McCrath, Tom Pratt, Dr. Tim Collins, James Freed, Rick Gates, Anne
Arkinian, Emily Firman, Nancy Schort, Megan Johnson, Joanne Leavitt,
Louise Jaffe, Marsha Epstein, and AI Arizmendez.
The following members of the public spoke in opposition to fluoridation of
water: James Rota, Terry Schiller, David Kennedy, Bonnie Johnstone, Bari
Caine, Paul Borraccia, Doug Cragoe, Karen Blechman, Ellen Baker, Sean
Milliken, Gale Feldman, Jeff Green, Jerry Rubin, Marissa Rubin, Bruce
Campbell, Peter DeBaets, Gary Schultz, Jane Riskin, Randy Ziglar, Bruria
Finkel, Glenn Lingle, Bob Gallaher, Emmalie Hodgin, Michael Delaney,
Ellen Brennan, Lawrence Teeter, Robert Myers, John Winters, Yvone
Michelle Autry, David Bolog, Marta Cupersock, and Michele Gremet.
On order of the Mayor, action on this matter was continued to December 5,
2000.
10-A: Public hearing on November 28, 2000, for confirmation of
assessment costs for installation of streetlights on various City streets.
On order of the Mayor, this matter was continued to December 19,2000.
14-A: Appointment to one unscheduled vacancy on the Landmarks
Commission for a term ending June 30, 2002.
On order of the Mayor, this matter was continued to December 5, 2000.
14-B: Appointment to one full term on the Pier Restoration
Corporation for term ending November 10, 2004.
On order ofthe Mayor, this matter was continued to December 5, 2000.
14-C: Appointments to the Pier Restoration Corporation -
Appointments to the following terms on the Pier Restoration Corporation:
One appointment for a term ending November 2001; three appointments for
terms ending November 2002; three appointments for terms ending
November 2003; and 2 appointments for terms ending November 2005, as
recommended by the Pier Restoration Corporation.
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November 28, 2000
1410
CLOSED SESSIONS:
On order of the Mayor, this matter was continued to December 5, 2000.
On order of the Mayor, item l4-D to be heard after City Attorney reports or.
action taken in closed sessions.
16-A: Conference with Legal Counsel- Existing Litigation: LADWP.
et at v. James Jones Company. et at, Case No. BC 173487.
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel - Existing Litigation: Douglas
Heller. et at v. City of Santa Monica. et al., Case No. SS 009558.
Councilmember Feinstein advised that due to a conflict of interest in this
matter, he was recusing himself from the vote, momentarily left the dais and
returned after the vote.
Motion by Councilmember Rosenstein. seconded by Councilmember Bloom,
to approve settlement in the amount of$27,500 from Account No.
56232.522010. The motion was approved by the following vote:
AYES:
Councilmembers Bloom, McKeown, Rosenstein, Holbrook,
Mayor Genser
None
Councilmember Feinstein, Mayor Pro Tern O'Connor
NOES:
ABSENT:
l6-C: Conference with Legal Counsel - Existing Litigation: Ray Hart
v. City of Santa Monica, Case No. SC 058 435.
Motion by Councilmember Bloom. seconded by Councilmember Holbrook,
to approve a settlement in the amount of $97,500. The motion was
approved by the following vote:
AYES:
Councilmembers Holbrook, Rosenstein, McKeown,
Feinstein, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
NOES:
ABSENT:
l6-D: Conference with Legal Counsel- Existing Litigation: V-Haul
Company. et at. v. City of Santa Monica, Case No. CV 00-
10225 NM (Rzx)
ACTION:
Not heard.
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November 28, 2000
1411
16-E: Conference with Legal Counsel- Existing Litigation: David
Levv. et at. v. Citv of Santa Monica, Case No. SC 063147.
ACTION:
Not heard.
16-F: Conference with Legal Counsel- Existing Litigation: California
Attorneys for Criminal Justice v. Butts, Case No. CV 95-8634.
Motion by Councihnember Rosenstein. seconded by Councihnember
Holbrook, to approve settlement in the amount of$167,000.00 for
outstanding attorneys' fees and damage claims in the amount of$l. The
motion was approved by the following vote:
AYES:
Councihnembers Bloom, Feinstein, McKeown, Rosenstein,
Holbrook, Mayor Genser
None
Mayor Pro Tem O'Connor
NOES:
ABSENT:
16-G: Conference with Legal Counsel - Claim against the City of
Santa Monica: Claim No. CSM 00-0820 - Alice Fellows.
ACTION:
Not heard.
Conference with Legal Counsel - Claim against the City of
Santa Monica: Claim No. CSM 00-0822 - Sleep 'n Aire.
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Three.
ACTION:
One case heard. No reportable action taken.
On order of the Mayor, this matter was heard out of order.
ACQUISITION OF
PROPERTY AT 3025
OLYMPIC
14-D: Request ofCouncilmembers Feinstein and McKeown to direct
staff to explore acquiring and preserving the property at 3025 Olympic
Boulevard known as Drescherville for potential housing, recreational,
or other public uses.
Councilmembers Holbrook
and Rosenstein were excused Member of the public Jean Gebman, spoke in support of the request.
at 1:44 a.m.
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November 28, 2000
1412
PUBLIC INPUT
ADJOURNMENT:
Motion by Councilmember McKeown. seconded bv Councilmember
Feinstein. to approve request. Motion unanimously approved by voice vote
with Councilmembers Holbrook, Rosenstein, and Mayor Pro Tern O'Connol
absent.
Member of the public Joe Natoli spoke regarding the Pier Restoration
Corporation. Quincy spoke regarding election results.
On order of the Mayor, the City Council meeting was adjourned at 1:55
a.m., to December 5, 2000, in memory of Mrs. Helen Mack.
- CE:T.?
...W~
Maria M. Stewart
City Clerk
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November 28, 2000