M-2/24/2004
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 24, 2004
A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:48
p.m., on Tuesday, February 24,2004, at City Council Chambers, 1685 Main Street.
Roll Call
Present:
Mayor Richard Bloom
Mayor Pro Tern McKeown
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 7:10 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor
Absent
Councilmember Michael Feinstein
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 convened at 5:48 p.m., with
Councilmembers Feinstein and Holbrook absent. City Engineer Anthony
Antich 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 addressed various concerns: Members of
the public R. Nortman, and Doug Korthofspoke in opposition to Item I-F.
Member of the public Paul Scott spoke in support ofltem I-F.
At the request of Council member Katz, Item I-F was removed from the
Consent Calendar.
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeown.
to approve all items on the Consent Calendar as presented, except Item I-F,
reading resolutions and ordinances by title only and waiving further reading
1
February 24,2004
MINUTES
INVESTMENT POLICY
LEASE OF
WATERCRAFT
LEASE - 1918 MAIN
CONFLICT OF
INTEREST CODE
PIER IMPROVEMENTS
thereof The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Genser, Katz, Mayor Pro Tern
McKeown, Mayor Bloom
None
Councilmembers Holbrook, Feinstein
NOES:
ABSENT
I-A: The minutes of the January 20,2004, City Council meeting, were
approved as submitted.
I-B: City Investment Policy, delegation of investment authority, and
resolution related to bank and brokerage accounts and transactions
with the State Local Agency Investment Fund - recommendation to
approve the revised City Investment Policy, extend the delegation of
investment authority to the Finance Director/City Treasurer, and adopt
Resolution No. 9931 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA AUTHORIZING THE ESTABLISHMENT AND USE
OF BANK AND BROKERAGE ACCOUNTS AND UPDATING THE
LIST OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS
WITH THE STATE LOCAL AGENCY INVESTMENT FUND," was
approved.
l-C: Lease of AquaTrax Personal Watercraft for Police Department
- recommendation to authorize the City Manager to negotiate and execute a
Lease Agreement No. 8323 (CCS) with American Honda Motor for a
personal watercraft for the Police Department Harbor Unit, was approved.
I-D: Lease of space at 1918 Main Street - recommendation to authorize
the City Manager to negotiate and execute an Amendment to Agreement
No. 8028 (CCS) with Leaping Lounge Lizards to lease office space at 1918
Main Street, Suite 200, for the City's Environmental and Public Works
Management Department, was approved.
l-E: Resolution No. 9930 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA REPEALING RESOLUTION NUMBER
9617 (CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST
CODE TO REVISE THE DESIGNATED POSITIONS FOR WHICH
STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE
FILED," was adopted.
I-G: Structural improvements to the Santa Monica Municipal Pier
Roadway - recommendation to waive competitive bidding and authorize
the City Manager to negotiate and execute Contract No. 8325 (CCS) with
2
February 24,2004
CONVENTION AND
VISITORS BUREAU -
CONTRACT
MAIN LmRARY
CONSTRUCTION
HYDROGEN-POWERED
FUEL CELL VEmCLE
CLOSED SESSIONS
Councilmember Holbrook
arrived at 7:10 p.m.
New Creation Builders, in the amount of$675,928, for construction of
structural improvements to the Municipal Pier roadway, was approved.
I-H: Contract with Santa Monica Convention and Visitors Bureau -
recommendation to authorize the City Manager to negotiate and execute An
amendment to Contract No. 4581 (CCS) with the Santa Monica Convention
and Visitors Bureau, for a term of five years, to promote Santa Monica as a
destination and to assist visitors to the City, was approved.
1-1: Contracts for Main Library Construction Project-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8327 (CCS) with Smith Emery Company, in the amount of
$416,035, for construction inspection services; Contract No. 8328 (CCS)
with Engineering Economics, in the amount of $125, 126, for building
commissioning services; and affirm an emergency expenditure of $382,053
to Karcher Environmental, for cleanup of asbestos containing materials, was
approved.
I-F: Hydrogen-Powered Fuel Cell Vehicle Demonstration Project-
recommendation to authorize the City Manager to negotiate and execute a
contract with Southern California Air Quality Management District
(AQMD) and Toyota Motor Sales, USA for a hydrogen-powered fuel cell
vehicle demonstration project, was presented.
Councilmember Katz advised he had removed this item from the Consent
Calendar because he had great concerns regarding the cost and felt that the
tax money could be spent on something else.
Staff responded to questions from Councilmembers. Discussion ensued
regarding the environmental merits of the project, the contribution from
Honda, and the cost to the City under the current financial state.
Motion by Councilmember O'Connor. seconded by Mayor Bloom, to not
approve the recommendation, but to direct staff to negotiate the cost further
down and return with information regarding CEQA concerns related to the
project. The motion was approved with Councilmember Katz voting in
opposition, and with Councilmembers Feinstein and Holbrook absent.
On order of the Mayor, the City Council recessed at 6:10 p.m., to consider
closed sessions reconvened at 7:32 p.m., with Councilmember Feinstein
absent. The Mayor advised that action taken on closed sessions to be
reported at the end of the meeting.
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February 24,2004
ORDINANCES:
NOISE ORDINANCE
USE OF STREET
BANNERS
DISTRIBUTION OF
FOOD ON PUBLIC
PROPERTY
7-A: Second reading and adoption of Ordinance No. 2115 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE CHAPTER 4. 12 REGARDING NOISE
REGULATIONS," was presented.
Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Genser,
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, Mayor Pro Tern McKeown,
Mayor Bloom
Councilmembers Holbrook, O'Connor
Councilmember Feinstein
NOES:
ABSENT:
7-B: Second reading and adoption of Ordinance No. 2116 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.08.500 RELATING TO THE USE OF OVER-
THE-STREET BANNERS," was presented.
Motion by Councilmember Katz. 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 O'Connor, Holbrook, Genser, Katz, Mayor
Bloom
Mayor Pro Tern McKeown
Councilmember Feinstein
NOES:
ABSENT:
7-C: Second reading and adoption of Ordinance No. 2117 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTIONS 5.06.010 AND 5.06.020
RELATING TO THE DISTRIBUTION OF FOOD ON CITY
PROPERTY," was presented.
Motion by Councilmember O'Connor. seconded by Councilmernber Genser,
to adopt the ordinance, reading by title only and waiving further reading
4
Februarv 24. 2004
FINANCE DIRECTOR
AND RISK MANAGER
RESPONSmILITY
UNDERGROUND
UTILITY /WIRELESS
INSTALLATIONS
MORATORIUM ON
UTILITY /WIRELESS
INSTALLATIONS
Councilmember Genser was
excused at 8:08 p.m.
thereof The motion was approved by the following vote:
AYES
Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor
Bloom
Mayor Pro Tern McKeown
Councilmember Feinstein
NOES:
ABSENT:
Mayor Pro Tern McKeown stated, for the record, that he voted in
opposition because he believes prohibiting distribution of food in parks
should have been replaced with a more dignified indoor feeding program
linked to social services, which has not happened.
7-D: Introduction and first reading of an ordinance amending
Chapter 2 of the Municipal Code clarifying the authority and
responsibilities of the Finance Director and the Risk Manager to settle
disputes, was presented.
There was no one present for public comment.
Motion by Councilmember O'Connor. seconded by Councilmember Katz, to
introduce the ordinance, reading by title only and waiving further reading
thereof The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Feinstein
NOES:
ABSENT:
On order of the Mayor, Items 7-E and 7-F to be considered simultaneously.
7-E: Introduction and first reading of an ordinance adding Chapter
7.06 to the Municipal Code regulating underground utility and wireless
telecommunications installations in the public right-of-way; and
repealing various redundant sections of Chapter 7 relate~ to
excavations, was presented.
7-F: Adoption of an Emergency Interim Ordinance No. 2118 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING A TEMPORARY MORATORIUM ON
INSTALLATION OF WIRELESS COMMUNICATION FACILITIES IN
THE PUBLIC RIGHT OF WAY; AND DECLARING THE PRESENCE
OF AN EMERGENCY," was presented.
5
February 24, 2004
STAFF ITEMS:.
COUNCIL RULES
Council member Genser
returned at 9:28 p.m.
Councilmember Genser requested to be recused from voting on this matter
because he has a client that does business with a wireless company and
constitutes a conflict of interest.
Member of the public Joey Fullmer expressed various concerns,
Members of the public Mark Olsen, Sharon O'Rourke, Melonie Montford,
David Mielke and Frank Uribe spoke in support of continuing the matter to
allow more time for review and comment.
Members of the public Saundra Jacobs, Leslie Daigle and Gary Clause spoke
in opposition to the proposal. Member of the public Patrick O'Rourke
spoke regarding reception problems at his residence.
Motion by Councilmember Katz. seconded by Councilmember Holbrook, to
continue Item 7-E to allow time for additional studies and input from
carriers. The motion was unanimously approved by voice vote, with
Councilmembers Genser and Feinstein absent.
Motion by Mayor Pro Tern McKeown. seconded bv Councilmember Katz,
to adopt the interim emergency ordinance, reading by title only and waiving
further reading thereof The motion was approved by the following vote:
AYES.
Councilmembers Katz, Holbrook, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmember Feinstein, Genser
NOES:
ABSENT:
8-A: Resolution No. 9932 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AMENDING COUNCIL RULES AND
PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS
AND REPEALING RESOLUTION NOS. 9414 (CCS) AND 9698 (CCS),"
was presented.
There was no one present for public comment.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to adopt resolution, reading by title only and waiving further reading
6
February 24,2004
REPORTS-BOARDS
AND COMMISSIONS:
TRAFFIC ANALYSIS
WRITTEN
COMMUNICATIONS:
YOUTH COMMISSION
STUDENT PARKING
Council member Katz was
excused at 10:54 p.m.
thereof The motion was approved by the following vote:
AYES
Councilmembers O'Connor, Holbrook, Genser, Katz, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Feinstein
NOES:
ABSENT:
10-A: Recommendation from the Planning Commission that Council
consider an update to the City's traffic analysis methodology and
technology as part of the Circulation Element review, was presented by
Planning Commissioner Julie Lopez Dad..
Members of the public Laurel Roennau, Tom Cleys, and John Reynolds
spoke in support of the request. Member of the public Joey Fullmer
expressed various concerns.
Motion by Councilmember Katz. seconded by Councilmember Genser, to
direct staff to consider different approaches, set up information and study
session, and if possible, include the Planning Commission, in order to
determine the scope of the project. The motion was approved by the
following vote:
AYES:
Councilmembers Katz, Genser, Holbrook, O'Connor, Mayor
Pro Tern McKeown, Mayor Bloom
None
Councilmember Feinstein
NOES:
ABSENT:
12-A: Request from Jerry Rubin to request that Council appoint a
task force to analyze the possibility of establishing a Youth
Commission, was presented.
Member of the public Doug Korthof spoke in support of the request.
Motion by Mayor Bloom. seconded by Councilmember Katz, to direct staff
to return with options and costs on how to better involve youth in
community planning. The motion was unanimously approved by voice vote,
with Councilmember Feinstein absent.
12-B: Request of Santa Monica High School students that Council
explore a long term solution to accommodate current and future
parking needs for the students, was presented.
Santa Monica High School students and members of the public Kesha Ram,
7
February 24,2004
Sunil Parekh, Rebecca Beagley, David Yapkowitz, Kelly Snyder, Bryce
Maddock, Ashley Cook, Irene, Christian Boyce, Kathryn Morea, Randi
Hutchinson, Maria Loya, Barbara Filet, and Dougl Korthof spoke in support
of the request.
Discussion ensued on the merits of the request, alternative options for
transportation, environmental issues, and the role of the School District in
this matter.
On order of the Mayor, the information was received and filed,
CNG FUELING STATION 12-C: Request of Robert Curtis to address Council regarding public
access to the Compressed Natural Gas (CNG) fueling station, and
regarding application by the City to join the Federal Department of
Energy's Clean Cities Program, was presented.
There was no one present for public comment
On order of the Mayor, the information was received and filed.
COUNCIL ITEMS:
COMMISSION FOR
SENIOR COMMUNITY
13-A: Appointment to one 2002 annual vacancy on the Commission
for the Senior Community for a term ending June 30, 2006, and to one
special vacancy for a term ending June 30, 2007.
On order of the Mayor, this matter was continued to March 9, 2004.
PERSONNEL BOARD
13-B: Appointment to one annual vacancy on the Personnel Board for
a term ending June 30, 2008, and one special vacancy for a term ending
June 30, 2006.
On order of the Mayor, this matter was continued to March 9,2004,
LANDMARKS
COMMISSION
13-C: Appointment to one special vacancy on the Landmarks
Commission for a term ending June 30, 2004.
On order of the Mayor, this matter was continued to March 23,2004,
SOCIAL SERVICES
COMMISSION
13-D: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30,2007.
On order of the Mayor, this matter was continued to March 9,2004,
8
February 24, 2004
RECREATION & PARKS 13-E: Appointment to one special vacancy on the Recreation and
COMMISSION Parks Commission for a term ending June 30, 2005.
On order of the Mayor, this matter was continued to March 9,2004.
PUBLIC COMMENT
Members of the public Art Casillas and Doug Korthof addressed issues of
local concern.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 11:44 p.m., to discuss
closed sessions and returned at 12: 15 a.m., to report the following:
2-A: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION:
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: AB
Cellular LA. LLC v. City of Santa Monica, Case No. USDC 03-9129
DSF (MANx).
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: Los
Angeles SMSA. a limited partnership. dba Verizon Wireless v. City of
Santa Monica, Case No. SC 079 139.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housing Council v. City of Santa Monica, Case No. SC 074
683.
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: Rita
Santorav. City of Santa Monica, Case No. SC 075 063.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
9
February 24, 2004
McKeown, to approve settlement in the amount of$25,000. The motion
was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, Feinstein
2-F: Conference with Legal Counsel- Existing Litigation: 2000
Main Street v. City of Santa Monica, Case No. SC 067 899.
ACTION
Not heard.
2-G: Conference with Legal Counsel- Existing Litigation: Antonio
Arias Perez and Yolanda Arias Gonzalez v. City of Santa Monica, Case
No. SC 03C01840.
Motion by Councilmember Holbrook. seconded by Mayor Bloom. to
approve settlement in the amount of$17,446.19. The motion was approved
by the following vote:
AYES:
NOES:
ABSENT
Councilmembers Holbrook, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, Feinstein
2-H: Conference with Legal Counsel- Existing Litigation: Rosemary
Geiger v. City of Santa Monica, Case No. SC 072 167.
Motion by Councilmember Genser. seconded by Councilmember O'Connor,
to approve settlement in the amount of $34,236.00. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, Feinstein
2-1: Conference with Legal Counsel- Existing Litigation: Russell
Barnard v. City of Santa Monica, Case No. BC 281367.
ACTION
Heard. No reportable action taken.
10
February 24,2004
2-J: Conference with Legal Counsel- Existing Litigation: Patricia
Gordon v. City of Santa Monica, Case No. BC 286 030.
ACTION:
Not heard.
Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Four.
ACTION:
One case heard. No reportable action taken.
2-L: Conference with Labor Negotiator to discuss compensation.
Unrepresented Employee: City Clerk
Motion by Mayor Bloom. seconded by Mayor Pro Tern McKeown, to
award, on behalf of the City Council, an 8.5% annual performance bonus for
the City Clerk, for fiscal year 2001-2002 and for fiscal year 2002-2003.
The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, Genser, O'Connor, Mayor Pro
Tern McKeown, Mayor Bloom
None
Councilmembers Katz, P einstein
NOES:
ABSENT:
Public Employee Evaluation
Title of Employee: City Attorney.
ACTION:
Not held.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:20
a.m.
ATTEST:
~~r~
City Clerk
11
February 24, 2004