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M-12/10/2002 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 10, 2002 A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:58 p.m., on Tuesday, December 10, 2002, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Michael Feinstein Mayor Pro Tern Kevin McKeown Councilmember Richard Bloom Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 7:00 p.rn.) 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 of the Mayor, the City Council convened at 5:58 p.m., wit1 Councilmember Holbrook absent. Mayor Pro Tern McKeown led t e assemblage in the Pledge of Allegiance. CONSENT CALENDAR: All items were considered and approved in one motion unless removid by a Councilmember for discussion. Members of the public Joey Fullmer and Pro Se addressed Council o~ Consent Calendar items. I At the request ofCouncilmember Genser, Item I-I was removed frOthe Consent Calendar. At the request ofCouncilmember Katz, Item I-F as removed from the Consent Calendar. Motion by Mayor Pro Tern McKeown. seconded by Councilmember ! O'Connor, to approve all items on the Consent Calendar as presented except Items I-F and I-I, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the fo~owing vote: 1 December 10, 20~2 MINUTES SEWER REPAIR SEWER REPAIR UNCLASSIFIED EMPLOYEES MUNICIPAL POOL MILLS ACT AYES councihnembe. rs Katz, Genser, Bloom, O'Connor, 1......................a...........yor Pro Tern McKeown, Mayor Feinstein .....>. None \ Councihnember Holbrook r :,'; NOES: ABSENT I-A: The City Council meeting minutes of October 22, 2002 wej approved. 1-B: Award of Construction Contracts for Sewer Project #12~ recommendation to authorize the City Manager to negotiate and ex cute construction Contract No. 8165 (CCS) with Miramontes Constructi n Co., Inc., in the amount of$7,383,440, for Sewer Project #12 - Repair 0 Earthquake-Damaged Sanitary Sewer Mains in the area bounded by ico Blvd., 34th Street, South City Limits, and 4th Street; negotiate and e ute Contract No. 9166 (CCS) with Tetra Tech, in the amount of$1,442 811, for construction management and inspection services; and, approve recommended appropriations, were approved. 1-C: Construction contract for Sewer Project #14 - recommendation to negotiate and execute a construction Contract No. 8167 (CCS) 'th Mike Prlichand Sons, Inc., in the amount of $3, 104,246, for Sewer roject #14 - Repair of Earthquake-Damaged Sanitary Sewer Mains in the ea bounded by Pico Place South to Dewey Street, and Barnard Way to Walgrove Avenue; negotiate and execute Contract No. 8168 (CCS) 'th Tetra Tech, Inc., in the amount of$475,625, for construction manag~ment and inspection services; and, approve recommended appropriations, Were approved. I 1-D: Authorization for City Manager and City Attorney to N,otiate and Execute Employment Agreements with Certain unclassifie1 Employees, was approved. l-E: Contract amendment for the Municipal Pool Project - t recommendation to authorize the City Manager to execute an amen ent to Contract No. 7978 (CCS) with Swinerton Builders, in the amount 0 $172,595, for the Municipal Pool Project, was approved. 1-G: MiUs Act Historic Property Preservation Agreements - recommendation to adopt Resolution Nos. 9818 (CCS), 9819 (CCS) 9820 (CCS) and 9821 (CCS) and authorize the City Manager to execute Historical Property Preservation Agreement Nos. 8172 to 8175 (CC ), respectively, with and each of the property owners of211 Alta Ave., 2612 3rd St., 2402 4th St. #2, and 315 10th St., was approved. 2 December 10,2002 SHORT -RANGE TRANSIT PLAN DONATION OF VEHICLES ANIMAL SHELTER BA YSIDE DISTRICT ANNUAL PLAN I-H: Approval of Short-Range Transit Plan and application f~r funds - recommendation to authorize the City Manager to file the Short Rpnge Transit Plan (SRTP) Update to permit Santa Monica's Big Blue Bu~ to remain eligible for federal and state transit funds, and to file apPlicatfons for available funds based on the SRTP, was approved. I-J: Donation of three used solid waste vehicles and one used iBig Blue Bus to Sinaloa Ecoregion Foundation, was approved. I I-F: Animal Shelter Improvement Project - recommendation tf authorize the City Manager to negotiate and execute Contract No. 8169 (CCS) with A WI Builders, in the amount of$414,850, for the const ction of the Animal Shelter Improvements Project, was presented. Councilmember Katz advised he had removed this item to question tj,e increase of the contingency from 10% to 15%. Staff answered ques ions of Councilmembers. Motion Bv Councilmember Genser. seconded by Councilmember Katz, to approve recommendation. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Bloom, Genser, Katz, Mf.yor Pro Tern McKeown, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT: I-I: Bayside Annual Operations and Marketing Plan - recommen- dation to receive and file the Annual Report for FY 2001-02, and approve Annual Operations and Marketing Plan for FY 2002-03, was presented. Councilmember Genser expressed concern regarding the proposal to ~tall planters on the ground surface around the dinosaurs on the Promena4e. Discussion ensued regarding this proposal. Motion by Councilmember Katz. seconded by Councilmember Genset, to approve recommendation modifying the proposal to change the decision of installing the planters to a "consideration." The motion was approveq by the following vote: I AYES: Councilmembers Katz, Genser, Bloom, O'Connor, M~yor Pro Tern McKeown, Mayor Feinstein None Councilmember Holbrook NOES: ABSENT: 3 December 10,2002 RECESS On order of the Mayor, the City Council recessed at 6:15 p.m., and reconvened at 7:10 p.m., with all members present. INSPIRATION: Musical numbers were performed by the members of the Santa Monica High School Chamber Orchestra. CANVAS OF 11/5/02 A: Resolution adopting results of November 5, 2002, municipal MUNICIPAL ELECTION: election - recommendation to adopt Resolution No. 9822 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE RESULTS OF THE OFFICIAL CANVASS AND OFFICIAL STATEMENT OF VOTES CAST FOR THE CONSOLIDATED MUNICIPAL ELIf:CTION HELD ON NOVEMBER 5, 2002, AND DECLARING THE RESULTS THEREOF," was presented. Members of the public Joey Fullmer and Jerry Rubin congratulated the newly elected officials. Motion bv Councilmember Katz. seconded bv Councilmember Bloom, to adopt the resolution, reading by title only, and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook, Mayor Pro Tern McKeown, Mayor Feinstein None None NOES: ABSENT: ADJOURNMENT OF CURRENT COUNCIL On order of the Mayor, the Council, as presently constituted, was adjourned, and the meeting was turned over to the City Clerk. INSTALLATION OF NEW OFFICERS: The City Clerk administered the oath of office to the newly elected ofllicers, as follows: B: Administration of oath of office to new members ofthe Santa Monica College Board of Trustees. C: Administration of oath of office to new Santa Monica-Malibu Unified School District Board of Education Members. D. Administration of oath of office to new Santa Monica Rent Control Board Members. E: Administration of oath of office to new Santa Monica City Council Members. 4 December 10,2002 CONVENING OF NEW CITY COUNCIL: ELECTION OF MAYOR The City Clerk called the new Council to order and called the roll. Thereafter, the City Clerk opened the floor for nominations for Mayor for the ensuing two years. Motion by Councilmember Genser to split the terms of Mayor and Mayor Pro Tern and elect Councilmember McKeown as Mayor for the first year and Councilmember Bloom as Mayor Pro Tern, and for the second year elect Councilmember Bloom as Mayor and Councilmember McKeown as Mayor Pro Tern. The motion died for lack ofa second. Councilmember Katz nominated Councilmember O'Connor to serve as Mayor for the ensuing two years. Councilmember 0' Connor stated her appreciation for the nomination but declined stating she had already served as Mayor. Councilmember O'Connor nominated Councilmember Bloom for the ensuing two years. There being no other nominations, Councilmember Bloom was elected as Mayor by the following vote: AYES: Councilmember Genser, McKeown, Bloom, O'Connor, Holbrook, Feinstein None Councilmember Katz None NOES: ABSTAIN: ABSENT: Mayor Bloom assumed the Chair and opened the floor for nominations for Mayor Pro Tern. Councilmember Feinstein nominated Councilmember McKeown to serve as Mayor Pro Tern for the ensuing two years. There being no other nominations, Councilmember McKeown was elected as Mayor Pro Tern by the following vote: AYES: Councilmember O'Connor, Bloom, McKeown, Genser, Feinstein None Councilmembers Holbrook, Katz None NOES: ABSTAIN: ABSENT: END OF INSTALLATION On order of the Mayor, the City Council continued with the regular Council meeting. 5 December 10, 2002 ORDINANCES: PERS AMENDMENT PROMENADE MORATORIUM STAFF ADMIN. ITEMS: AIRPORT CONFORMANCE PLAN 7-A: Second reading and adoption of Ordinance No. 2061 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO AMEND THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SANTA MONICA," was presented. Motion by Mayor Pro Tern 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 Katz, Genser, O'Connor, Holbrook, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 7-B: Second reading and adoption of Interim Ordinance No. 2062 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING A MORATORIUM ON NEW OR EXPANDED RETAIL USES ON THE THIRD STREET PROMENADE WITH LIMITED EXCEPTIONS," was presented. Motion by Councilmember Feinstein.. seconded by Councilmember O'Connor, to adopt the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES Councilmembers Katz, Genser, O'Connor, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook None NOES: ABSENT: 8-A: Airport Conformance Program - recommendation to approve in concept the Aircraft Conformance Program and runway safety area designation and direct staff to explore the implications of proceeding with implementation, was presented. The following members ofthe public spoke in support of the recommendation: John Reynolds, Martin Rubin, Susan Hartley, Ofer Grossman, Nina Menkes, Todd Jaquith, Elizabeth Hanna, Lewin Werthheimer, Cathy Larson, Carolyn Neuyer, Robert Newbold, Mic.hael Brodsky, Anne Greene, Dan Kelo, Sheryl Kelo, Stacy Brown, Jim Donaldson, and Carolyn Guillot. Motion by Councilmember Genser. seconded by Councilmember Katz, to approve recommendation. The motion was approved by the following vote: 6 December 10,2002 AYES: Counci1members Katz, Genser, 0 'Connor, Holbrook, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: REPORT ON IMPACT OF INITIATIVE On order of the Mayor, Items 8-B and lO-C to be considered concurrently. 8-B: Presentation of impact report of the Homeowners Freedom of Choice Initiative, was presented. Members of the public Margarete May, Paul DeSantis and Marc Schrobilgen spoke in favor ofthe proposed initiative and in support ofCoWlcil adopting the ordinance. Members of the public Roger Genser and Nina Fresco spoke in favor of placing an opposing measure on the ballot. Member of the public Barbara Schnitzler spoke in favor of placing the proposed measure on the ballot. On order of the Mayor, the information was received and filed. LANDMARKS 10-C: Recommendation of Landmarks Commission to place a measure ORDINANCE MEASURE on the ballot to amend the City's Landmarks Ordinance, was presented. Motion bv COWlcihnember Genser. seconded by Mayor Pro Tern McKeow!!, to direct staff to begin the process of amending the Landmarks Ordinance taking into consideration the Landmarks Commission proposed changes. The motion was approved by the following vote: AYES: Councihnembers Ho lbrook, 0' Connor, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NONE: ABSENT: SPECIAL ELECTION 8-C: Recommendation to either adopt the Homeowners Freedom of OR ADOPT ORDINANCE Choice Initiative's proposed ordinance or order a special Election; and supplemental report and ordinance for consideration of an all-mail election, were presented. The following members of the public spoke in support of adopting the initiative's proposed ordinance: Matt Dinolfo, Ann Maler, Greg Poirier, Marc Shrobilgen, Leah Mendelsohn, and Ernie Ryaback. 7 December 10.2002 The following members of the public spoke in favor of placing the proposed ordinance on the ballot: Tom Cleys, Roger Genser, Barbara Schnitzler and Lori Nafshun. Motion by Councilmember Katz. seconded by Councilmember Holbrook, to adopt the initiative's proposed ordinance and not call an election. Substitute motion by Councilmember Genser. seconded by Mavor Pro Tern Mcl,(eo~ to adopt Ordinance No. 2063 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.185 TO THE MUNICIPAL CODE TO ALLOW MAIL IN BALLOTS IN SPECIAL ELECTIONS AND DECLARING THE PRESENCE OF AN EMERGENCY." The motion was approved by the following vote: AYES: Councilmembt::rs Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmembers Katz, Holbrook Councilmember O'Connor None NOES: ABSTAIN: ABSENT: Motion by Councilmember Feinstein. seconded by Councilmember Katz, to approve the holding ofan all-mail ballot election on Friday, March 21,2003, with the polls closing at 9:00 p.m. The motion was approved by the following vote: AYES: CouncihnembersKatz, Genser, O'Connor, Holbrook, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom None None NOES: ABSENT: Motion by Councilmember Feinstein. seconded by Councilmember Katz, to adopt the following election-related resolutions: Resolution No. 9823 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD ON MARCH 21,2003, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS ONE OR MORE BALLOT MEASURES," ResolutionNo. 9824 (CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY CLERK TO OBTAIN SPECIFIED CONSULTING AND SUPPLIES SERVICES FOR THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 21, 2003," and Resolution No. 9825 (CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE 8 December 10,2002 BOARDS AND COMMISSIONS: NAMING OF MAIN PUBLIC LIBRARY BEACH LOTS GREENING AND PARKING BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 21, 2003." The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, O'Connor, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom Councilmember Holbrook None NOES: ABSENT: Councilmember Holbrook stated, for the record, that he voted in opposition of the resolution calling the election because he feels that an election was not necessary. Motion by Councilmember Feinstein. seconded bv Councilmember Katz, to approve the administering of a special all-mail ballot election on March 21, 2003. The motion was approved by the following vote: YES: Councilmembers Holbrook, O'Connor, Genser, Katz, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None None NOES: ABSENT: 10-A: Recommendation to name the auditorium at the new Santa Monica Public Library in honor of Dr. Martin Luther King, Jr., was presented. The following members ofthe public spoke in support of the recommendation: Paul DeSantis, Brian Hutchings, and Nat Trives. Motion by Mayor Pro Tern McKeown. seconded bv Councilmember Katz, to approve recommendation and to offer the Hart Family a choice of keeping at the Main Library the existing plaque in the auditorium, or ofretuming it to the family. The motion was unanimously approved by voice vote, with all members present. lO-B: Request of the Recn~ation & Parks Commission to approve a proposed beach lots greening, recreation and parking concept, was presented by Commissioner Cloke. Member ofthe public Arthur Harris expressed concerns regarding the request. 9 December 10,2002 COUNCIL ITEMS: COMMISSION ON OLDER AMERICANS ACCESSIBILITY APPEALS BOARD COUNCIL LIAISONS ARTS COMMISSION - RESIGNATION PUBLIC INPUT: CLOSED SESSIONS: Motion bv Mayor Pro Tern McKeown. seconded bv Councilmember Katz, to approve conceptually, directing Commissioners and staff to explore non-city funding sources for feasibility studies and other costs associated with possible beach lot greening, as proposed by the Commission. The motion was approved by the following vote: AYES: Councilmembers Katz, Genser, O'Connor, Holbrook, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None N~ne NOES: ABSENT: ) 13-A: Appointment to one annual vacancy on the Commission on Older Americans for a term ending June 30, 2006, and appointment to one special vacancy for a term ending June 30, 2003. On order of the Mayor, this matter was continued to January 14,2003. 13-B: Appointment to one special vacancy on the Accessibility Appeals Board ofthe Building and Safety Commission, for a tenn ending June 30, 2005. On order of the Mayor, the City Clerk was directed to republish the vacancy and return to Council on January 28,2003. 13-C: Appointment of Coulllcilmembers as Liaisons to City Boards and Commissions. On order of the Mayor, this matter was continued to December 17,2002. 13-D: Acceptance of Steve Irvin's letter of resignation from the Arts Commission and authorization for the City Clerk to publish the vacancy. Motion by Mavor Pro Tern McKeown. seconded by Councilmember Holbrook, to accept the letter with regrets and approving recommendation. The motion was approved by voice vote, with all members present. Members of the public Pro Se, Art Casillas, Brian Hutchings and Joe Natoli expressed concerns regarding various municipal issues. 2-A: Conference with Legal Counsel - Existing Litigation: Carolvn Jones v. City of Santa Monica, Case No. CV 01-09102 (WJR). On order of the Mayor, this matter was continued to December 17, 2002. 10 December 10, 2002 ADJOURNMENT: 2-B: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Sh,. On order of the Mayor, this matter was continued to December 17,2002. On order of the Mayor, the City Council meeting was adjourned at 12:38 a.m. to December 17,2002. ~~.~~ Maria M. Stewart City Clerk 11 APPROVED: ~~loom - Mayor December 10,2002