M-2/13/2001 (2)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 13, 2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:15 p.m., on Tuesday, February 13, 2001, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
Absent:
Mayor Michael Feinstein
Mayor Pro Tern Richard Bloom
Councilmember Pam O'Connor
Councilmember Robert T. Holbrook
Councilmember Kevin McKeown
Councilmember Ken Genser (arrived at 5:23 p.m.)
Councilmember Herb Katz
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE MEETING -
PLEDGE
CONSENT CALENDAR:
MINUTES
On order of the Mayor, the City Council convened to its regular meeting at
5:15 p.m. with Councilmembers Genser and Katz absent. Mayor Pro Tern
Bloom led the assemblage in the Pledge of Allegiance.
The following members of the public commented on the Consent Calendar:
Joey Fullmer expressed concerns regarding Item I-D; Chuck Allord
commented on Items I-G and I-M.
Motion bv Councilmember O'Connor. seconded by Councilmember
McKeown. to approve all items, on the Consent Calendar as presented,
reading resolutions and ordinance by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Co~cilmembers McKeown, O'Connor, Holbrook,
Mayor Pro Tern Bloom, and Mayor Feinstein
None
Councilmembers Genser and Katz
NOES:
ABSENT:
I-A: The minutes of September 19,2000 and October 3,2000, City
Council meetings, were approved as submitted.
1
February 13, 2001
EARTHQUAKE
RECOVERY
RESOLUTION
415 PCH
CITY INVESTMENT
POLICY
SEWER PROJECT 7
1513 - 1517 BERKELEY
FINAL TRACT MAP
PLAN REVIEW
SERVICES
SALES TAX AUDIT AND
INFORMATION
I-B: Earthquake Recovery Resolution - Resolution No. 9615 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE CONTINUING EXISTENCE OF A LOCAL
EMERGENCY (January 1994 Earthquake Damage)", was adopted.
l-C: Environmental Impact Report for the 415 Pacific Coast Highway
Project - recommendation to authorize the City Manager to negotiate and
execute Contract No. 7882 (CCS) with Rincon Consultants, Inc., in the
amount of$127,162, for preparation ofan Environmental Impact Report for
the 415 Pacific Coast Highway Project, was approved.
I-D: Revise City Investment Policy - recommendation to revise the City
Investment Policy and continue delegation of investment authority to City
Revenue Manager/Treasurer, was approved.
l-E: Construction Management Services for Sewer Project 7 -
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 7464 (CCS) with Harris and Associates, in the
amount of$21,520, for construction management and inspection of the
Sewer Project, was approved.
I-F: Final Tract Map for a 10-Unit condominium project at 1513-1517
Berkeley - recommendation to authorize the City Manager to negotiate and
execute Contract No. 7883 (CCS) for completion of public improvements,
and Resolution No. 9606 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA APPROVING A SUBDIVISION MAP FOR
TRACT NO. 52361 TO SUBDIVIDE THE PROPERTY", was approved.
I-G: Contract amendment for plan review services for the Building
and Safety Division - recommendation to authorize the City Manager to
negotiate and execute an amendment to Contract No. 7561 (CCS) with
Esgil Corporation, in the amount of $130,000 for a total of $260,000, to
provide additional plan review services for the Building & Safety Division,
was approved.
I-H: Sales tax audit and information reporting services -
recommendation to authorize the City Manager to negotiate and execute
Professional Services Contract No. 7884 (CCS) with The HdL Companies
to conduct sales tax auditing and information services, in the amount of
$9,000 annually, was approved.
2
February 13,2001
STAKE BED TRUCKS
DUMP COLLECTION
VEmCLE
I-I: Award bid for two stake bed trucks - recommendation to award Bid
No. 2822 to Maurice 1. Sopp & Son, in the amount of$102,837.50, to
furnish and deliver two stake bed trucks for the Solid Waste Management
Division and Water Division, Environmental & Public Works Management
Department, was approved.
1-J: Award bid for one Dump Collection Vehicle - recommendation to
award Bid No. 2821 to LA Freightliner, in the amount of$115,611.00, to
furnish and deliver one 4x2 8-yard dump collection vehicle for the Street
Maintenance Division, Environmental & Public Works Management, was
approved.
CITY TRANSIT l-K: Lease for warehouse space for City's Transit Services -
SERVICES WAREHOUSE recommendation to authorize the City Manager to negotiate and execute
SPACE Contract No. 7885 (CCS), a five-year lease with Wells Fargo Bank, N.A., in
the amount of $266,400 per year, for warehouse space for the Santa Monica
Big Blue Bus Department, was approved.
INTERNSHIPS FOR
STUDENTS
CONFLICT OF
INTEREST CODE
HAZARDOUS WASTE
GRANT FUND
l-L: Internship opportunities for students - recommendation to
authorize the City Manager to execute Contract No. 7886 (CCS), an
agreement with the Regents of the University of California so that the City's
Fire Department may provide internships to trainees from the UCLA Center
for Prehospital Care-Daniel Freeman Hospital Paramedic Education
Program, was approved.
I-M: Resolution No. 9617 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA REPEALING RESOLUTION NO.
9489(CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST
CODE TO REVISE THE DESIGNATED POSITIONS REQUIRED TO
FILE STATEMENTS OF ECONOMIC INTEREST", was adopted.
I-N: Resolution to submit and execute used oil recycling and
household hazardous waste grant fund applications - Resolution No.
9618 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA RECOMMENDATION TO ADOPT A RESOLUTION
AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE
USED OIL RECYCLING AND HOUSEHOLD HAZARDOUS WASTE
GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD", was adopted.
3
February 13, 2001
ENERGY
CONSERVATION
CLOSED SESSIONS
1-0: Resolution on Energy Conservation - Resolution No. 9619 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AFFIRMING THE CITY'S COMMITMENT TO ENERGY
CONSERVATION," was adopted.
CLOSED SESSIONS: On order of the Mayor, the City Council adjourned
to consider closed sessions at 5:22 p.rn, and reconvened at 6:55 p.m., with
Councilmember Katz absent. Action taken on closed sessions was reported
at the end of the meeting.
CONTINUED ITEMS: 5-A: Resolution amending Preferential Parking Zone IT and creating
PREFERENTIAL Preferential Parking Zone YY - recommendation to adopt a resolution
PARKING ZONE TT AND amending Preferential Parking Zone TT on 20th, 21 st, 22nd, 23rd, 24th Streets,
YY Chelsea Avenue, and 25th Street between Wilshire Boulevard and
Washington Avenue; and California and Washington Avenues between 20th
and 26th Streets; creating Preferential Parking Zone YY in 26th and Princeton
Streets and Harvard and Yale Streets; Arizona Avenue between 26th and
Yale Streets; and Washington Avenue between 26th and Stanford Streets;
approval of proposed budget revenue adjustment; and, amending City
Council Resolution 9344(CCS).
On order of the Mayor, this item was opened for public comment.
Members of the public Joey Fullmer, Bob Gabriel, and Lawrence Brown
provided suggestions for rectifying the parking problems; Betty S. Mueller
expressed concern regarding Zone TT; members of the public Chris
Armenta, Steve Moore, Stuart Shakman, Chuck Allord, Ron Cohen, Nadia
Shabaik, Janet Kaplan, John Sheehan, Pat Wilson, Zelia Mellica, Marty
Kaplan, Rae Peronneau, Sabine Schlosser, John Cobus, Art Lowry, Joan
Charles, Kelly Ocean, Stephen Kania, Amani Abazarnzam, Mark Lasser,
Lauren Swedlaff, and Nina Sharafi addressed the Council in opposition to
the proposal; Mark Rothschild, Steve Litvak, Mark Harding, Valerie
Layton, and Quincy expressed various concerns regarding the proposal;
Members ofthe public Jim Stebinger, Bob Seldon, Ralph Lux, and Lu Artz
indicated support for the proposal. Member of the public Deborah Davis
spoke in support of the proposal. Member of the public Hal Neiman
suggested further study be conducted on parking. Members of the public
Annie Garcelon and Jorge Murillo indicated opposition to the proposal.
Councilmember Holbrook advised he had a conflict of interest with
Preferential Parking Zone YY and, at his request, discussion on the two
parking zones was bifurcated.
4
February 13. 2001
Discussion ensued on Parking Zone TT and staff answered questions from
Council.
MOTION FOR PARKING Motion by Councilmember Genser. seconded by Mayor Pro Tem Bloom. to
ZONE TT adopt Resolution No. 9620 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AMENDING PARKING ZONE TT AND
AMENDING CITY COUNCIL RESOLUTION 9344 (CCS)," leaving
existing restrictions in place, and to table the issue of employee parking
pending the outcome of a Citywide policy after the conclusion of
experiments.
Councilmember Holbrook
was excused at 10: 15 p. m.
Substitute motion by Councilmember O'Connor. seconded by
Councilmember Holbrook. to not pursue the business permits in Zone TT
but adopt the resolution as submitted by staff, reading by title only and
waiving further reading thereof.
The substitute motion was approved by the following vote:
AYES:
Councilmembers Holbrook, McKeown, O'Connor and
Mayor Feinstein
Councilmember Genser and Mayor Pro Tem Bloom
Councilmember Katz
NOES:
ABSENT:
Councilmember Genser indicated he voted against the motion due to the
precedent that would be set. Mayor Pro Tem Bloom indicated he voted
against the motion for the reasons stated by Councilmember Genser.
Motion by Councilmember Holbrook. seconded by Mayor Feinsteffi, to
direct staff to explore a citywide policy for business parking permits. The
motion was unanimously approved by voice vote, with Councilmember Katz
absent.
Motion by Councilmember Holbrook, to direct staff to implement a plan to
enforce the parking regulations in the preferential zones. The motion died
due to lack ofa second.
Councilmember Holbrook advised he was recusing himself from discussion
on Zone YY due to the conflict of interest mentioned earlier.
5
February 13, 2001
MOTION ON PARKING
WNE YY
RECESS
ORDINANCES:
DEVELOPMENT
REVIEW THRESHOLDS
Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom, to
adopt Resolution 9629 (CCS) entitled: "A RESOLUTION OF THE CITY F
OF SANTA MONICA CREATING PREFERENTIAL PARKING ZONE
YY AND AMENDING Resolution 9344 (CCS)," with the same hours, and
with no parking without a permit.
After discussion on the effects of the motion, and receiving information from
staff, the motion was withdrawn.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom, to
adopt the above resolution creating Preferential Parking Zone YY with no
business parking permits in the zone, and no parking without a permit on
26th Street through Yale between Santa Monica Boulevard and Arizona, and
on Arizona between 26th Street and Yale, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
AYES:
COWlcilmembers Genser, McKeown, Mayor Pro Tern
Bloom, Mayor Feinstein
COWlcilmember O'Connor
COWlcilmembers Holbrook and Katz
NOES:
ABSENT:
COWlcilmember O'Connor stated she voted in opposition to the motion
because she felt that the City was privatizing a public resource.
On order of the Mayor, the City COWlcil recessed at 10:45 p.m. and
reconvened at 10:55 p.m., with all members present except COWlcilmembers
Holbrook and Katz.
7-A: Second reading and adoption of Ordinance No. 1999 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
EXTENDING THE MODIFICATIONS TO THE DEVELOPMENT
REVIEW THRESHOLDS IN THE FOLLOWING DISTRICTS: RVC
RESIDENTIAL VISITOR COMMERCIAL DISTRICT; BCD
BROADWAY COMMERCIAL DISTRICT; C2 NEIGHBORHOOD
COMMERCIAL DISTRICT; C4 IDGHWAY COMMERCIAL
DISTRICT; C5 SPECIAL OFFICE COMMERCIAL DISTRICT; C6
BOULEVARD COMMERCIAL DISTRICT; CM MAIN STREET
COMMERCIAL DISTRICT; CP COMMERCIAL PROFESSIONAL
DISTRICT; Ml INDUSTRIAL CONSERVATION DISTRICT; AND,
LMSD LIGHT MANUFACTURING AND STUDIO DISTRICT, TO
7500 SQUARE FEET." was presented.
6
February 13. 2001
TIME-LIMITED
PARKING WNES
STAFF ADMIN. ITEMS:
SANTA MONICA PIER
Motion bv Councilmember McKeown. seconded bv Mayor Feinstein. to
adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, Mayor Pro Tern Bloom
and Mayor Feinstein
Councilmember O'Connor
Councilmembers Holbrook and Katz
NOES:
ABSENT:
7-B: Introduction and first reading of an ordinance requiring the
removal of vehicles from time-limited parking zones, within the posted
time limits, and amending the Santa Monica Municipal Code, was
presented.
On order of the Mayor, the public hearing was opened. Members of the
public Chuck Allord and Robert Seldon expressed concerns regarding the
ordinance.
On order of the Mayor, and at the request of staff, the public hearing was
closed and the matter was continued to a future meeting to allow the Police
Department to provide information to the Council.
8-A: Approve Leasing Guidelines for Santa Monica Pier -
recommendation to approve the proposed leasing guidelines of City
Property on the Santa Monica Pier for Fiscal Year 2000-01.
Members of the public David Genwood, Naia Sheffield, Joseph Natoli, and
Quincy discussed the leasing guidelines and expressed various concerns.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to approve the staff recommended guidelines, to run with the time period for
the next work plan through FY 2002 and will then be renewed with the
workplan annually; include a statement that in responding to a proposal for a
new lease, the history and operating performance be considered as criteria
for evaluating the proposals; and that prospectively, no tenant be granted
more than one leasehold for the purpose of maximizing diversity. The
motion was approved by the following vote:
AYES:
Councilmembers Genser, McKeown, O'Connor,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmembers Holbrook and Katz
NOES:
ABSENT:
7
February 13, 2001
COUNCIL ITEMS:
PIER RESTORATION
CORPORATION
PIER RESTORATION
CORPORATION
WASHINGTON AVENUE
AND 26TH STREET
13-A: Appointment to one full term on the Pier Restoration
Corporation for term ending November 10, 2004.
On order of the Mayor, this matter was continued to February 27,2001
13-B: 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.
Motion bv Councilmember Genser. seconded by Councilmember O'Connor,
to approve the recommendations of Pier Restoration Corporation as
follows:
Glenn Friedman appointed to a term ending 1/13/01
Abby Arnold, Michael Klein and Natividad Vazquez appointed to terms
ending 11/12/02;
Jonathan Gross, Jean McNeil-Wyner and ,inda Sullivan appointed to terms
ending 11/11/03;
Eileen Brennan appointed to term ending 1/09/04;
On order of the Mayor, and with consensus of Council, one vacancy for a
term ending 11/09/04 to return to Council at a future meeting; and two
vacancies for terms ending 11/08/05 to return to Council pending
incwnbents' resignations.
13-C: Request of Councilmembers Genser and McKeown that Council
direct staff to accelerate the planning and implementation of crosswalk
and pedestrian safety improvements for the intersection of Washington
Avenue and 26th Street, was presented.
The following members of the public addressed the Council in support of the
proposal: Bob Seldon, Melanie Gironda, Pallia Goldman, Stacy Abarbanel,
and Alisa Stewart.
8
February 13. 2001
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to direct staff to accelerate the planning and implementation of crosswalk
and pedestrian safety improvements for the intersection of Washington
Avenue and 26th Street into Phase 2. The motion was unanimously
approved by voice vote, with Councilmembers Holbrook and Katz absent.
STANTON MACDONALD 13-D: Request of Councilmember Genser that Council direct staff to
WRIGHT MURAL explore the possibilities of incorporating the entire Stanton MacDonald
Wright mural that was in the former Santa Monica library at 5th
Street and Santa Monica Boulevard in the proposed expansion of the
existing main library, was presented.
Member of the public Roger Genser spoke in support of the request.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom. to
direct staff to explore the possibilities of incorporating the entire Stanton
MacDonald Wright mural that was in the former Santa Monica library at 5th
Street and Santa Monica Boulevard in the proposed expansion ofthe
existing main library. The motion was unanimously approved by voice vote,
with Councilmembers Holbrook and Katz absent.
PUBLIC INPUT:
Member of the public Art Casillas discussed public participation in City
government. Member of the public Quincy spoke regarding Abraham
Lincoln's birthday. Member ofthe public Joan Miller reported progress on
a citation given to her landlord requiring permits and repairs and discussed
Code Enforcement.
CLOSED SESSIONS:
On the order of the Mayor, the City Council recessed to Closed Session at
12:30 a.m., and reconvened at 1:15 a.m., to report the following with
Councilmembers Holbrook and Katz absent.
Conference with Legal Counsel - Existing Litigation: Jose
Ramos v. City of Santa Monica, Case No. SC 057 863.
AC 'ION
Heard. No reportable action taken,
Conference with Legal Counsel - Existing Litigation: Sue
Schuerman v. City of Santa Monica, Case No. SC 061 015,
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to approve settlement in the amount of $70,000.00. The motion was
approved by the following vote:
9
February 13, 2001
AYES:
NOES:
ABSENT:
Councilmembers O'Connor, McKeown, Genser, Mayor Pro
Tern Bloom, Mayor Feinstein
None
Councilmembers Katz, Holbrook
Conference with Legal Counsel - Existing Litigation: Lupe
Arzola v. Citv of Santa Monica, Case No. SC 053 364.
Motion by Mayor Pro Tern Bloom. seconded bv Councilmember O'Connor,
to approve settlement in the amount of$54,742.00. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
ACTION:
Councilmembers O'Connor, McKeown, Genser, Mayor Pro
Tem Bloom, Mayor Feinstein
None
Councilmembers Katz, Holbrook
Conference with Legal Counsel - Existing Litigation: Citv of
Santa Monica v. Shell Oil Co., Case No. 313004.
Heard. No reportable action taken.
Conference with Legal Counsel - Existing Litigation: Southern
California Water Company v. Citv of Santa Monica, Case No.
SC 064 682.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel - Existing Litigation:
Foodmaker. Inc. v. City of Santa Monica, Case No. SS 007 078.
ACTION:
Heard. No reportable action taken.
Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Four.
ACTION:
Two cases heard. No reportable action taken on one case.
The following action was taken on the second case:
Motion bv Councilmember O'Connor. seconded by Councilmember
McKeo~ to approved settlement for Alice Fellows in the amount of
$21,269.95. The motion was approved by the following vote:
10
February 13,2001
ADJOURNMENT
AYES:
CounciImembers O'Connor, McKeown, Genser, Mayor Pro
Tern Bloom, Mayor Feinstein
None
CouncilinembersKatz,Holbrook
NOES:
ABSENT:
On order of the Mayor, the meeting was adjourned at 1 :30 a.m., in memory
ofDiedre O'Donahue.
ATTEST:
\1 'a~' r'~~
Maria M. Stewart
City Clerk
APPROVED:. #
'--/....-
~ .~
. .
Michael F emstein
Mayor
11
February 13,2001