M-3/27/2001
CITY OF SANTA MONICA
~
CITY COUNCIL MINUTES
MARCH 27, 2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:20 p.rn., on Tuesday, March 27,2001, 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 7:48 p.m.)
Councilmember Herb Katz (arrived at 5:50 p.m.)
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:00 p.rn.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE On order of the Mayor, the City Council reconvened at 5:20 p.m., with
Councilmembers Holbrook, Katz and O'Connor 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.
At the request of Mayor Feinstein, Item 1- A was removed from the
Consent Calendar. At the request of Councilmember McKeown, Item I-F
was removed from the Consent Calendar.
Motion bv Councilmember Genser. seconded bv Mayor Pro Tem Bloom, 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:
AYES:
Councilmembers McKeown, Genser, Mayor Pro Tem
Bloom, Mayor Feinstein
None
Councilmembers Holbrook, O'Connor, Katz
NOES:
ABSENT:
I
March 27, 200 I
EARTHQUAKE
RECOVERY
RESOLUTION
GATEWAY COASTAL
CORRIDOR
CURB RAMP PROJECT
BIG BLUE BUSES FOR
WINTER OLYMPIC
GAMES
PURCHASE OF TWO
TRAILERS
EARTH DAY EVENTS
I-B: Earthquake Recovery Resolution - Resolution No. 9634 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
l-C: Gateway Coastal Corridor Project - recommendation to authorize
the City Manager to negotiate and execute construction Contract No. 7901
(CCS) with Pima Corporation d.b.a. Advanced Construction, in the amount
of$357,049, for construction of the Gateway Coastal Corridor Project, was
approved.
I-D: Construction of CDBG-funded Curb Ramp Project -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 7902 (CCS) with Damon Construction Company, in the
amount of $95,800, for the construction of Fiscal Year 2000-2001
Community Development Bl~ok Grant funded Curb Ramp Project at various
locations throughout the City, was approved.
l-E: Use of 20 Big Blue Bus transit vehicles by the Salt Lake Olympic
Organizing Committee for the 2002 Winter Games - recommendation to
authorize the City Manager to negotiate and execute Agreement No. 7903
(CCS) with Salt Lake Organizing, for the use of20 transit vehicles for the
2002 Winter Games, was approved.
I-G: Award of bid for the purchase of two trailers - recommendation to
award Bid No. 2826 to Compaction Control Industries, Inc., in the amount
of$161,982.76, to furnish and deliver two 90-cubic yard trailers for the
Solid Waste Management Division, Environmental & Public Works
Management Department, was approved.
I-H: City Co-Sponsorship of Earth Day 2001 Public Events-
recommendation to approve co-sponsorship and funding support for two
public events related to Earth Day 2001, was approved.
GRANT FUND FOR 1-1: Resolution for receipt of grant funds for container recycling services
CONTAINER RECYCLING- recommendation to adopt Resolution No. 9635 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANT A MONICA AUTHORIZING THE
CITY MANAGER TO SUBMIT AND EXECUTE A CITY/COUNTY
FUNDING GRANT APPLICATION TO THE CALIFORNIA
DEPARTMENT OF CONSERVATION FOR BEVERAGE CONTAINER
RECYCLING SERVICES," was adopted.
2
March 27. 2001
CATCHBASINCLEANOUTI-J: Storm Drain Catch Basin Cleanout Services - recommendation to
SERVICES authorize the City Manager to approve a change order to an existing one-yearr
contract with Los Angeles Conservation Corps, in the amount of $20,000, to
provide maintenance and data services for the City's stormwater drainage
system.
AUDITING - SALES ANDI-K: Resolution authorizing examination of State Board of Equalization
TAX RECORDS sales and use tax records - recommendation to adopt Resolution 9639 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE HDL COMPANIES CONSULTING FIRM TO
EXAMINE STATE BOARD OF EQUALIZATION (SBOE) RECORDS ON
BEHALF OF THE CITY FOR THE PURPOSES OF CONDUCTING SALES
T AX AUDITING AND INFORMATION SERVICES FOR THE CITY,"was
adopted.
CITY RECORDS
RETENTION
SCHEDULES
l-L: Approval of Record Retention Schedules - Resolution No. 9640 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
APPROVING NEW RECORD RETENTION SCHEDULES FOR
COMMUNITY & CULTURAL SERVICES, LIBRARY, AND PLANNING
AND COMMUNITY DEVELOPMENT," and, recommendation to approve
revision to the Records & Information Management Manual, were adopted.
MINUTES
I-A: Approval of minutes of December 5, December 12, and December 19
2000, City Council meetings, was presented.
Mayor Feinstein advised he wanted to make a correction to the minutes of
December 5, on page 6, to change the phrase "green building ordinance" to
"green energy purchasing process."
Motion by Mayor Feinstein.. seconded by Councilmember Genser, to approve
minutes with the amendment to the December 5 minutes as noted above. The
motion was unanimously approved by voice vote, with Councilmembers
O'Connor, Katz, and Holbrook absent.
ARTIST DAY STUDIO
SPACE
I-F: Approval oflease of property at 3026 Airport Avenue for artist day
studio and service center use - recommendation to authorize the City
Manager to negotiate and execute ten-year Lease Agreement No. 7904 (CCS)
with Santa Monica Fine Art Studios for the industrial shell building located at
3026 Airport Avenue for artist day and artist service center use, was approved.
Councilmember McKeown requested clarification on the process. Staff
provided requested information.
3
March 27,2001
CLOSED SESSIONS
Motion bv Councilmember McKeown. seconded bv Councilmember Genser,
to approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers McKeown, Genser, Mayor Pro Tern Bloom,
Mayor Feinstein
None
Councilmembers Holbrook, O'Connor, Katz
NOES:
ABSENT:
On order ofthe Mayor, the City Council meeting recessed at 5:30 p.m. to the
following closed sessions, with Councilmembers Katz, O'Connor, and
Holbrook absent:
2-A: Conference with Legal Counsel- Existing Litigation: Santa Monica
Transportation Council v. City of Santa Monica, Case No. BS 068050.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Phillips et al..
v. County of Los An2eles. et al., Case No. 00-1138 MRP (MANx).
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: David Levy
et al.. v. City of Santa Monica, Case No. SC 063147.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel - Existing Litigation: Southern
California Water Company v. City of Santa Monica, Case No. SC 064
682.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Pending Litigation:
Number of Cases: Four.
ACTION:
Heard two cases. No reportable action taken.
2-F: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Administrative Team Association, Executive Pay
Plan, Public Attorney's Legal Support Staff Union,
Management Team Associates, Municipal
Employees Association, Public Attorneys Union,
Santa Monica Firefighters Local 1109, Santa
4
March 27, 2001
RECONVENE/SPECIAL
ITEMS:
ANNOUNCEMENT:
APPOINTMENT TO
COMMISSION ON THE
STATUS OF WOMEN &
PERSONNEL BOARD
ORDINANCES:
SIGN ORDINANCE
Monica Police Officers Assn., Supervisors Team
Associates, United Transportation Union "'_
ACTION:
Heard. See action taken on 11- A and 11- B.
2-G: Public Employee Evaluation.
Title of Employee: City Clerk
ACTION:
Not heard.
On order of the Mayor, the regular meeting ofthe City Council reconvened at
7:05 p.m., with Councilmember Holbrook absent.
4-A: Presentation of Commission on the Status of Women's gift of books
to the City's Public Library.
On order of the Mayor, representatives of the Commission on the Status of
Women made a presentation.
Mayor Feinstein announced that Councilmember O'Connor was hereby
appointed as the liaison to the Personnel Board; and Councilmember Holbrook
and Mayor Feinstein were appointed as liaisons to the Commission on the
Status of Women.
7-A: Second reading and adoption of an ordinance amending and
repealing various sections of the Santa Monica Municipal Code relating
to the City' sign ordinance - Ordinance No. 2002 (CCS) entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
SECTIONS 9.52.010, 9.52.070, 9.52.080, 9.52.090, 9.52.120, 9.52.130,
9.52.104,9.52.160,9.52.200 AND 9.52.210, AND REPEALING SECTIONS
9.52.240 AND 9.52.250 OF THE CITY'S SIGN ORDINANCE," was
presented for second reading and adoption. (Introduced March 6, 2001.)
Motion by Councilmember McKeown. seconded by Councilmember Katz, to
adopt the ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, McKeown, Genser, Katz,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
5
March 27,2001
PERS AMENDMENT
Counci/member Holbrook
arrived at 7:48 p. m.
SPEED LIMITS
ORDINANCE
ELECTIONS
PROCEDURES
STAFF ADMIN. ITEMS:
CIVIC CENTER
PARKING STRUCTURE
7-B: Second reading and adoption of an ordinance to amend the contract
with the Public Employees' Retirement System - Ordinance No. 2003( CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO
AMEND THE CONTRACT BETWEEN THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (PERS) AND THE CITY OF SANTA MONICA
TO PROVIDE SECTION 21354 (2% @ 55 FULL FORMULA) AND
SECTION 20042 (ONE-YEAR FINAL COMPENSATION) FOR LOCAL
MISCELLANEOUS," was presented. (Introduced March 6,2001.)
Motion by CounciImember McKeown. seconded by Councilmember Genser,
to hold second reading of, and adopt the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES:
Councilmembers Katz, Genser, McKeown, O'Connor,
Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
7-C: Second reading and adoption of Ordinance No. 2004 (CCS) entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING SPEED LIMITS PURSUANT TO AN ENGINEERING
AND TRAFFIC SURVEY AND THE CALIFORNIA VEHICLE CODE
AND AMENDING THE SANTA MONICA MUNICIPAL CODE
SECTION 3.12.490, was presented. (Introduced February 27,2001.)
Motion by Councilmember Katz. seconded by Mayor Pro Tern Bloom, to hold
second reading of, and adopt the ordinance, reading by title only and waiving
further reading thereof. The motion was approved by the following vote
AYES:
CounciImembers Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT
7-D: Introduction and first reading of an ordinance adding various
sections clarifying the duties ofthe City Clerk and amending and adding
various sections clarifying election procedures to the Santa Monica
Municipal Code.
On order of the Mayor, this item was continued to April 10, 2001.
8-A: Project and Construction Management Services for the proposed
Civic Center Parking Structure and Resolution declaring the City's
intention to issue tax-exempt bonds to reimburse the City for the project's
expenditures - recommendation to authorize the City Manager to negotiate
6
March 27,2001
PARKING RATES IN
SOUTH BEACH LOTS
and execute Contract No. 7906 (CCS) with the JCM Group, in the amount of
$900,000, to provide project and construction management for the proposech
Civic Center Parking Structure; approve a preliminary financing. plan for the
project, and adopt a resolution declaring the City's intention to issue tax-
exempt bonds to be used to reimburse the City for parking structure
expenditures prior to the issuance of the bonds, was presented.
There was no one present for public comment for this item.
Motion bv Councilmember Katz. seconded by Councilmember Holbrook, to
approve staff recommendation, amended to reduce the contingency from 20%
to 10%. The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
8-B: Increase in parking lot rates for the South Beach Lots -
recommendation to authorize the City Manager to increase the Southern area
all-day parking rates by $1 to partially off-set the revenue loss resulting from
additional short-term parking added at the outset of Summer 2001, whil(
maintaining the congestion management component ofthe program at the sam<
level as the previous summer, was presented.
The following members of the public spoke in opposition of the
recommendation: Dan Ehrler, Gary Gordon, and Rick Laudati.
Motion by Councilmember Katz. seconded by Councilmember McKeo:M1 to
continue the rates as they are for one year and then reevaluate.
Substitute motion by Councilmember Genser. seconded by Councilmember
O'Connor. to leave rates as they currently are for one year and implement the
recommended change next year. The motion was approved by the following
vote:
AYES:
Councilmembers Genser, O'Connor, Holbrook,
Mayor Pro Tern Bloom
Councilmembers Katz, McKeown, Mayor Feinstein
None
NOES:
ABSENT
7
March 27. 2001
LIVING WAGE
ORDINANCE
PUBLIC HEARINGS:
STREETLIGHT ASSESS-
MENT DISTRICT
8-C: Status of consideration of a Living Wage Ordinance for Santa
Monica and deliberation on alternatives for further process -
reconunendation to consider the progress to-date in evaluation of a living
wage measure for Santa Monica, identify other areas, if any, for staff inquiry
and consider the desirability of and alternatives for further public process.
The following members of the public spoke in support ofthe reconunendation:
Erika Zucher, Judith Meyer, Larry George, Julie Dad, Denny Zane, Doug
Appel, Vivian Rothstein, Linda Longoria, Madeline-Janis Aparicio, Bill
Bianner, Father Mike Gutierrez, Beth Leder-Pak, Rick Abel, Tony Vasquez,
Rocelia Mendez, Jose Arroyo, Delmy Falla, Philip Henduck, Sandie Richards,
Jerry Rubin, and Steve Dry.
Motion by Councilmember Katz. seconded by Councilmember McKeown, to
continue the meeting past 11 :00 p.m. The motion was unanimously approved
by voice vote with all Councilmembers present.
The following members of the public spoke in opposition to the
reconunendation: Ann Greenspun, Dan Ehrler, Tom Larmore, Karen Bauer,
Tim Dubois, Chuck Allord, Bob Busher, Tony Lardas, Jack Srebnik, George
Mihlstein, Paul DeSantis, Vanessa Martinez, Audy Astrachan, Albert Cabuco,
Mike Pierson, Irene Zivi, Gary Pendelton, and Rick Moos.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to direct the City Attorney to draft an ordinance using the following
guidelines: Threshold of applicability to be $3 Million, including city
contractors; area covered is coastal zone plus Downtown Core to Fifth Court;
amount for proposed wages and health benefits to be left blank; include
language regarding employee rights and grievances; include language of
supersession by collective bargaining. Staff is also directed to look at issues
of youth employment and seasonal programs and what negative effects, if any,
there may be. Staff to return with draft ordinance prior to budget sessions.
The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, McKeown, Genser,
Mayor Pro Tern Bloom, Mayor Feinstein
Councilmembers Holbrook, Katz
None
NOES:
ABSENT:
9-A: Public hearing for the formation of Streetlight Assessment Districts
- reconunendation to open the public hearing for the formation of streetlight
assessment districts on various streets in conformance with Proposition 218,
receive public input, close the hearing, and continue the item to May 8, 2001,
to receive the results of the election and take action on staff reconunendations.
8
March 27, 2001
REPORTS-BOARDS
AND COMMISSIONS:
DISABILITY TASK
FORCE
Councilmembers Holbrook,
o 'Connor and Katz were
excused at 11:20 p.m.
RESOLUTIONS:
POLICE OFFICERS
ASSOCIATION
On order of the Mayor, this matter was continued to April 10, 2001
10-A: Presentation of Disability Task Force Recommendations -
recommendation to receive the "Report from the Disabilities Task Force to the
City Council," provide comment, identifY priorities, and direct staff to return
with analysis and recommendations, was presented.
The following members ofthe Task Force presented the recommendations as
outlined in the report: Christopher Knauf, Derek Lantzsk, Audrey Parker,
Kecia Weller and Terry Schiller.
The following members of the public spoke in support of the
recommendations: Kimberly Clapp, Carol Snider, Jerry Rubin, Chuck Allard,
Kelly Landis, Joe Paolucci, Jennie Scheer, and Anita Phillips.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember McKeo~
to approve the recommendations proposed. The motion was unanimously
approved by voice vote, with Councilmembers Holbrook, O'Connor and Katz
absent.
II-A: Resolution No. 9637 (CSS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MODIFICATION TO MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND SANTA MONICA
POLICE OFFICERS ASSOCIATION," was presented.
Motion by Councilmember Genser. seconded by Councilmember McKeown,
to a40pt the resolution, 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,
Mayor Feinstein
None
Councilmembers O'Connor, Holbrook, Katz
NOES:
ABSENT:
MUNlCIPALEMPLOYEESII-B: Resolution No. 9638 (CCS) entitled: "A RESOLUTION OF THE
ASSOCIATION CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MODIFICATION TO MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE MUNICIPAL
EMPLOYEES ASSOCIATION," was presented.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to adopt the resolution, reading by title only and waiving further reading
.thereof. The motion was approved by the following vote:
9
March 27,2001
WRITTEN
COMMUNICATIONS:
MONTANA AVENUE
CLOSURE
COUNCILMEMBER
ITEMS:
PIER RESTORATION
CORPORATION
REPRESENTATION ON
MTA'S SOUTHWEST
CORRIDOR
(COUNCILMEMBER
O'CONNOR)
RECREATION & PARKS
COMMISSION
AYES:
Councilmembers Genser, McKeown, Mayor Pro Tern Bloom,
Mayor Feinstein
None
Councilmembers O'Connor, Holbrook, Katz
NOES:
ABSENT:
I2-A: Request of W.I. Simonson, Inc. that Council approve a road
closure on Montana Avenue between 9th and 12th Streets on Sunday June
27,2001, from 7:00 a.m., to 3:00 p.m., for a charity antique car show and
Montana Restaurants Chili Round up to benefit local schools, was
presented.
The following members of the public spoke in support ofthe request: Mike
Grunning, Brenda Lehman, Ruth Strassberg, Marshall Leib. Member of the
public Chuck Allord spoke in opposition to the request.
On order of the Mayor, the information was received and filed. No formal
action was taken.
I3-A: Appointment to one full term on the Pier Restoration Corporation
for term ending November 10, 2004. (Continued from February 27, 2001.)
On order ofthe Mayor, this matter was continued to April 10, 2001.
13-B: Request of Mayor Feinstein and Councilmember Genser to
support Councilmember O'Connor's candidacy for the Southwest
Corridor position on the Metropolitan Transportation Authority Board,
to authorize Councilmember O'Connor to vote on behalf of, and
represent the City of Santa Monica in this matter.
Motion by Mayor Feinstein. seconded by Councilmember Genser. to approve
request to support Councilmember O'Connor and authorize her to represent
and vote on behalf of the City. The motion was unanimously approved by
voice vote, with Councilmembers Katz, O'Connor, Holbrook absent.
13-C: Authorization for the City Clerk to publish a vacancy on the
Recreation & Parks Commission for the seat left vacant by Commissioner
Josefina Santiago.
Motion by Mayor Feinstein. seconded by Councilmember Genser. to approve
recommendation. The motion was unanimously approved by voice vote, with
Councilmembers Katz, O'Connor, Holbrook absent.
10
March 27,2001
SUPPORT OF AB 25
CLARIFICATION OF
TERM "PEDESTRIAN
FRIENDLY"
INITIATIVE PROCESS
REFORM
MODIFICATION TO
BUILDING ENVELOPE
STANDARDS
PUBLIC INPUT
ADJOURNMENT:
13-D: Request of Mayor Pro Tem Bloom for Council support of AB 25
(Migden) which advocates for the provision of certain rights to registered~
domestic partners, and to direct staff to advocate for its passage.
On order of the Mayor, this matter was continued to April 1 0, 2001.
13-E: Request of Councilmember Katz to direct staff to prepare an
ordinance clarifying the definition of the terms "pedestrian friendly"
and/or "pedestrian-oriented" as used in the Commercial Districts.
On order ofthe Mayor, this matter was continued to April 10, 2001
13-F: Request of Mayor Feinstein to direct staff to examine ways of
improving the initiative process in Santa Monica and return with
recommendations.
Motion by Mayor Feinstein. seconded by Councilmember Genser, to approve
request and direct staff to review ways of improving the initiative process
including tracking the State's actions on the matter. The motion was
unanimously approved by voice vote, with Councilmembers Katz, Holbrook
and O'Connor absent.
13-G: Request of Councilmember Genser that Council direct staff to
initiate a text amendment to the Municipal Code to enable adjustments
to the building envelope standards in multi-family zones in appropriate
cases when an existing structure is remodeled or expanded,
Motion by Councilmember Genser. seconded by Councilmember McKeown.
to approve request. The motion was unanimously approved by voice vote,
with Councilmembers Katz, Holbrook and O'Connor absent.
Member of the public Art Casillas expressed concerns regarding the Police
Department.
On order ofthe Mayor, the City Council meeting was adjourned at 1 :05 a.m.
to April 10, 2001, in memory of Colin Petrie.
APPROYED:
~~. ..}r
Maria M. Stewart F
City Clerk
t. L Lee.J> /
,r / ,_./_-
Michael E~instein
Mayor
11
March 27, 200 I