M-9/11/2001
CITY OF SANTA MONICA
fll'!'W
CITY COUNCIL MINUTES
SEPTEMBER 11, 2001
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at
5:50 p.rn., on Tuesday, September 11,2001, 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 (Absent)
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENEIPLEDGE
COMMENTS ON
SEPTEMBER 11, 2001
TERRORIST ATTACK
CONSENT CALENDAR:
On order ofthe Mayor, the City Council convened at 5:50 p.m., with
Councilmember Holbrook absent. The Pledge of Allegiance was recited by
members of the audience, in unison.
Mayor Pro Tern Bloom urged everyone to come together as a country and
as a community, and expressed his pride and gratitude for the efforts shown
by the residents of the City wanting to help in the wake of the terrorist
attacks that occurred this morning in Washington, D.C., New York City,
and Pennsylvania.
The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
Members of the public Joey Fullmer, Pro Se, and Chuck Allord addressed
various items on the Consent Calendar.
At the request ofCouncilmember McKeown, Items I-D and I-J were
removed from the Consent Calendar.
1
September 11, 2001
MINUTES
EARTHQUAKE
RESOLUTION
STREETLIGHTS
LOBBYING SERVICES
BBB CAMPUS
EXPANSION
ENVIRONMENTAL
INITIATIVES -
OUTREACH
Motion bv Mayor Pro Tern Bloom. seconded by Councihnember O'Connor,
to approve all items on the Consent Calendar as presented except Items I-D
and I-J, reading resolutions and ordinances by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councihnembers Katz, Genser, McKeown, O'Connor,
Mayor Pro Tem Bloom, Mayor Feinstein
None
Councihnember Holbrook
NOES:
ABSENT:
I-A: The minutes of June 12 and June 19,2001, City Council meetings,
were approved, with minor typographical corrections.
I-B: Earthquake Recovery Resolution - Resolution No. 9693 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
l-C: Construction of streetlights in various City streets - recommenda-
tion to authorize the City Manager to negotiate and execute Contract No.
8002 (CCS) with L.A. Signal, Inc., in the amount of$262,070, for
installation of streetlights on Dewey Street from 17th Street to 23rd Street,
Robson Avenue from 17th Street to Dewey Street, and Marine Street from
Lincoln Boulevard to 17th Street, was approved.
l-E: Provision of Federal lobbying services - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8004
(CCS) with The Ferguson Group, in the amount of$66,400, to continue to
provide Federal lobbying services on behalf of the City, was approved.
I-F: Design of Big Blue Bus Campus Expansion - recommendation to
authorize the City Manager to negotiate and execute professional services
Contract No. 8005 (CCS) with Hellmuth, Obata + Kassabaum, Inc., in the
amount of $3,910,000, for the design of the Big Blue Bus Campus
Expansion, was approved.
I-G: Environmental Public Education Initiatives Outreach -
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 7871 (CCS) with Cowan Communications Arts,
in the amount of $147,500, for the design and production of outreach
materials for the City's environmental public education initiatives, was
approved.
Seotember 11. 2001
MOSS AVENUE
PUMPING STATION
VIRGINIA AVENUE
PARK PLAYGROUND
STORMWATER
DRAINAGE SYSTEM
CENTINELA STORM
DRAIN
AIRCRAFT NOISE
STANDARDS
I-H: Moss Avenue Pumping Station, Phase 2 Project - recommendation I
to authorize the City Manager to negotiate and execute an amendment to
Contract No. 7519 (CCS), with Pacific Mechanical Corporation, to increase
the contingency in the amount of$58,554.14, for the Moss Avenue Pumping
Station, Phase 2 Project, was approved.
I-I: Resolution approving application for grant funds for renovation of
the Virginia Avenue Park Playground - recommendation to adopt
Resolution No. 9694 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA APPROVING THE APPLICATION FOR GRANT
FUNDS FROM THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD'S PARK PLAYGROUND ACCESSIBILITY
AND RECYCLING GRANT PROGRAM FOR RENOVATION OF THE
VIRGINIA AVENUE P ARK PLAYGROUND," and authorizing the City
Manager to execute all necessary documents and recommended budget
changes, was approved.
I-K: Maintenance Services for stormwater drainage system _
recommendation to authorize the City Manager to negotiate and execute a
second amendment to Contract Number 7603(CCS) with the Los Angeles
Conservation Corps, in the amount of $50,000, to provide maintenance and
data services for the City's stormwater drainage system, was approved.
l-L: Resolution No. 9695 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE SUBMISSION OF A
GRANT PROPOSAL TO THE CALIFORNIA INTEGRATED WASTE
BOARD FOR AN URBAN RUNOFF TREATMENT SYSTEM IN THE
CENTINELA STORM DRAIN," and Resolution No. 9696 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
SOLID WASTE DISPOSAL SITE CLEAN UP TRUST FUND OF TH
STATE OF CALIFORNIA FOR A SITE CLEAN UP PROJECT," were
adopted.
I-M: Resolution No. 9697 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA SUPPORTING EFFECTIVE STAGE IV
AIRCRAFT NOISE STANDARDS BY THE INTERNATIONAL CIVIL
AVIATION ORGANIZATION AND THE FEDERAL AVIATION
ADMINISTRATION," was adopted.
3
September 1, 200 I
ENERGY EFFICIENCY
CouncilmemberAlcKeown
was excused at 6:00 p.m.
RENEWABLE
ELECTRICITY
Councilmember AlcKeown
returned at 6:01 p.m.
I-D: Energy Efficiency Partnership with the Santa MonicalMalibu
Unified School District - recommendation to authorize the City Manager
to negotiate and execute Agreement No. 8003 (CCS) with the Santa
MonicaIMalibu Unified School District, in the amount of $500,000, for the
implementation of an Energy Efficiency Partnership; and accept grant
funding in the amount of$35,000, and authorize use ofthe funds for a Solar
Energy Feasibility Study, was presented.
Councilmember McKeown advised he was recusing himself from voting on
this item due to a conflict of interest.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember Katz, to
approve staff recommendation. The motion was approved by the following
vote:
AYES
Councilmembers Katz, Genser, O'Connor, Mayor Pro Tern
Bloom, Mayor Feinstein
None
Councilmembers Holbrook, McKeown
NOES:
ABSENT:
I-J: Purchase of renewable electricity for City facilities - recommenda-
tion to authorize the City Manager to negotiate and execute Agreement No.
8006 (CCS) with Commonwealth Energy Corporation, under the proposed
terms, for the purchase of renewable electricity for City facilities, was
approved.
Councilmember McKeown stated he wanted to highlight the action being
recommended as well as to commend staff on their work regarding this
matter.
Motion by Councilmember McKeown. seconded by Mayor Feinstein, to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Katz, Genser, O'Connor, McKeown,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT
4
Seotember 1. 2001
CLOSED SESSIONS
CLOSED SESSIONS: On order ofthe Mayor, the City Council recessed at
6:03 p.m, to consider closed sessions, and reconvened at 6:54 p.m., to I
report the following actions:
2-A: Conference with Legal Counsel- Existing Litigation: CALHO v.
City of Santa Monica, Case No. BS 053 199.
ACTION
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Alice Cole.
et al.. v. City of Santa Monica, Case No. SC 067 033.
ACTION
Heard. No reportable action taken.
2-C: Conference with Legal Counsel- Existing Litigation: 2000 Main
Street v. City of Santa Monica, Case No. SC 067 899.
ACTION
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: Boathouse
Host. Inc.. et aL. v. City of Santa Monica, Case No. CV 01-07106
RSWL.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: Seyed All
Hashemian v. City of Santa Monica, Case No. SC 061 051.
ACTION.
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: The Santa
Monica Observer Newspaperv. City of Santa Monica, Case No. SC 067
747.
ACTION.
Heard. No reportable action taken.
2-G: Conference with Legal Counsel- Existing Litigation: Dorothv
Roederv. City of Santa Monica, Case No. SC 061238.
ACTION:
Not heard.
5
September . 200 I
CONTINUED ITEMS:
PIER RESTORATION
CORPORATION
2-H: Conference with Legal Counsel- Existing Litigation: Southern
California Water v. City of Santa Monica, Case No. SC 064 682.
ACTION:
Heard. No reportable action taken.
2-1: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell, Case No. 313004.
ACTION: Heard. No reportable action taken.
2-J: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Five.
Motion by Councilmember McKeown. seconded by Councilmember Katz,
to allow completion of development project at 641 Ashland. The motion
was unanimously approved by voice vote, with Councilmember Holbrook
absent.
Motion by Councilmember Katz. seconded by Councilmember McKeown,
to allow completion of development project at 1254 24th Street. The motion
was unanimously approved by voice vote, with Councilmember Holbrook
absent.
5-A: Three appointments to full terms on the Pier Restoration
Corporation; one with a term ending November 09, 2004, and two with
terms ending November 08, 2005.
On order of the Mayor, the floor was opened for nominations.
Councilmember Katz nominated Marty Borko to a term ending November 9,
2004. Mayor Feinstein nominated Edward (Jerry) Greenwalt. Mr. Borko
was nominated by the following vote, with Councilmember Holbrook
absent:
Marty Borko: Councilmembers Katz, Genser, O'Connor, Mayor
Pro TemBloom
Edward Greenwalt: Councilmember McKeown, Mayor Feinstein
Councilmember Genser nominated Jerry Greenwalt to term ending
November 8, 2005. There being no other nominations, Mr. Greenwalt was
appointed by acclamation, with Councilmember Holbrook absent.
6
September 11, 2001
ORDINANCES:
MAIN LIBRARY BONDS
BUILDING ENERGY
PERFORMANCE
Councilmember Katz nominated Fred Ordower. Councilmember Genser
nominated Sandra Pettit. Ms. Pettit was appointed by the following vote,
with Councilmember Holbrook absent:
l!l!m!ffi
Fred Ordower:
Sandra Pettit:
Councilmember Katz
Councilmembers Genser, McKeown, O'Connor,
Mayor Pro Tern Bloom, Mayor Feinstein
7-A: First reading and adoption of Ordinance No. 2021 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
SETTING THE FISCAL YEAR 2001-02 TAX RATE FOR THE 1990
MAIN LIBRARY IMPROVEMENTS PROJECT GENERAL
OBLIGATION BONDS," was presented.
There was no one present for public comment.
Motion by Councilmember Katz. seconded by Councilmember Genser, to
introduce and adopt the ordinance, reading by title only and waiving further
reading thereof. The ordinance was adopted by the following vote:
AYES:
Councilmembers Katz, Genser, McKeown, O'Connor,
Mayor Pro Gem Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT;
7-B: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 8 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO BUILDING ENERGY PERFORMANCE STANDARDS
IN NEW AND RENOVATED COMMERCIAL AND MULTI-FAMILY
RESIDENTIAL CONSTRUCTION IN THE CITY," was presented.
Motion by Councilmember Genser. seconded by Mayor Pro Tern Bloom, 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:
Councilmernbers O'Connor, McKeown, Genser, Katz,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
7
September 11, 2001
STAFF ITEMS:
DISABILITY/COMMU-
NITY ACCESSmILITY
COMMITTEE
AIRCRAFT NOISE
REGULATION
RETAIL MIX AT THIRD
STREET PROMENADE
8-A: Approval of proposed mission, scope, goals and membership for
the Disability Community Accessibility Committee.
Members of the public Joey Fullmer, Pro Se, and Jerry Rubin addressed
various concerns regarding the proposed recommendations.
Motion by Councilmember Genser. seconded by Councilmember Katz, to
approve the recommendation amended to expand the membership number
from 9 to 11. The motion was approved by the following vote:
AYES:
Councilmembers Katz, Genser, McKeown, O'Connor,
Mayor Pro Gem Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
Motion bv Councilmember Genser. seconded by Councilmember Katz, that
in addition to the nine candidates recommended by staff, appoint Julie
Janower Klein and Elizabeth Bogen. There being no other nominations, the
motion was unanimously approved by voice vote, with Councilmember
Holbrook absent.
8-B: Recommendation to direct staff to draft an amending ordinance
regulating aircraft noise, revise certain aircraft noise abatement
enforcement procedures and increase civil fines for noise violations,
pursuant to voter initiative Proposition MM.
On order of the Mayor and consensus of the Councilmembers, this matter
was continued to a future Council meeting, with direction to staff to prepare
and return with an ordinance, as soon as possible.
8-C: Recommendation to approve actions proposed by the Bayside
District Corporation (BDC) Board of Directors to protect and foster the
appropriate mix of retail, restaurant and other uses on the Third Street
Promenade; authorize staff to implement approved actions; conduct a
public hearing to determine if the Bayside District Specific Plan should be
amended; and, direct staff to continue to work with BDC to identify and
propose additional desired strategies and actions.
On order ofthe Mayor, this matter was continued to October 9,2001.
8
September 11, 2001
CHANGE OF COUNCIL
MEETING START TIME
PUBLIC HEARINGS:
HOMELESS SERVICES
PLAN
8-D: Recommendation to adopt Resolution No. 9698 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING
RESOLUTION NO. 9614 (CCS) REGARDING THE RULES OF ORDER
AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL
MEETINGS," or to direct staff to return with a resolution reflecting
Council preferences, was presented.
Member of the public Jerry Rubin expressed various concerns regarding the
proposed order the City Council's agenda.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember O'Connor,
to adopt the resolution, reading by title only and waiving further reading
thereof.
Motion to amend by Councilmember Genser, regarding convening after
closed session, the wording be changed to "Council will reconvene as soon
as possible after closed sessions, but no earlier than 6:45 p.m." The motion
was accepted as friendly. The motion, as amended, was approved by the
following vote:
AYES:
Councilmembers Katz, Genser, McKeown, O'Connor,
Mayor Pro Gem Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
9-A: Public Hearing and approval of Fiscal Year 2000-01 Annual
Review of City Coordinated Plan for Homeless Services -
recommendation that City Council hold a public hearing to gain input, and
approve the FY 2000-01 Annual Review of the City' Coordinated Plan for
Homeless Services.
On order of the Mayor, and with consensus of Council, members of the
public that are present will be heard, and then the public hearing will be
continued to September 25,2001.
Members of the public Micki McClure and Joel Roberts expressed concerns
about various issues, including safety, as related to the homeless population
in the City.
Members of the public Anita Phillips, John Macedo, Donna Gentry, Jerry
Rubin, Ron Taylor, Jennafer Waggoner, and Randy Walburger spoke in
support of the plan for homeless services.
<)
September 11, 2001
REPORTS OF BOARDS
AND COMMISSIONS:
SUPPORT FOR SB11
AND AB36
WRITTEN
COMMUNICATIONS:
TAXI ZONES
CROSSWALKS AND
TRAFFIC SIGNALS
COUNCILMEMBER
ITEMS:
BOARDS AND
COMMISSIONS
On order of the Mayor, the public hearing was continued to September 25,
2001.
10-A: Recommendation by the Commission On the Status of Women
to support two bills in the California State Legislature: SB11, and its
companion measure and AB36, to limit the use of "Secrecy
Agreements," involving defective products, environmental hazards,
unfair insurance claims practices and financial fraud.
Motion by Councilmember McKeown. seconded by Councilmember Katz,
to approve recommendation. The motion was unanimously approved by
voice vote, with Councilmember Holbrook absent.
12-A: Request of Mr. Y oussefi that the City establish a taxi zone on
Santa Monica and/or on Broadway, was presented.
Motion by Councilmember O'Connor. seconded by Councilmember
McKeo.ID!, to direct staff to provide an information item on options for
Council to proceed with a possible taxi franchise. The motion was
unanimously approved by voice vote, with Councilmember Holbrook absent.
12-B: Request of Kathleen Masser, Julie Lopez Dad, Bill Creber, and
Cordula Ohman that staff examine replacement of crosswalks and to
consider various alternatives mitigating traffic on residential streets
between Ocean Avenue and 4th Street with respect to the installation of
additional traffic signals along Neilson Way.
On order ofthe Mayor, this matter was continued to October 9,2001.
13-A: Annual vacancy appointments to the following boards and
commissions: (Continued from August 14,2001.)
Commission
Bldg. & Safety
Status of Women
Vacancies
Two
One
Term Ending
06/30/05
06/30/05
There being no applicants for the Building and Safety Commission, staff was
directed to republish the vacancy. On order ofthe Mayor, appointment to
the Commission On Status of Women was continued to October 9,2001.
10
September . 2001
LANDMARKS
COMMISSION
ARTS COMMISSION
RESIGNATION
RESIGNATION
TENANT PROTECTION
CHARTER
AMENDMENT
13-B: Appointment to one annual vacancy on the Landmarks
Commission for a term ending June 30, 2005.
On order of the Mayor, this matter was continued to October 9,2001
13-C: Appointment to one unscheduled vacancy on the Arts
Commission for a term ending June 30, 2003.
On order of the Mayor, this matter was continued to October 9,2001
13-D: Acceptance of Lisa Janti's letter of resignation from the
Commission on Older Americans, and authorization for the City Clerk
to publish the vacancy.
Motion by Mayor Pro Tem Bloom. seconded by Mayor Feinstein, to accept
resignation and direct staff to publish the vacancy. The motion was
unanimously approved by voice vote, with Councilmember Holbrook absent.
13-E: Acceptance of Anthony Ephriam's letter of resignation from the
Social Services Commission, and authorization for the City Clerk to
publish the vacancy.
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to
accept resignation and direct staff to publish the vacancy. The motion was
unanimously approved by voice vote, with Councilmember Holbrook absent.
13-F: Request of Councilmember McKeown, pursuant to a Rent
Control Board memorandum to the City Council dated August 16,
2001, to direct staff to work with the Rent Control Board staff on
preparing possible Charter Amendment and City ordinance language
regarding eviction, harassment, bias against grandchildren,
roommates, guests and other issues, was presented.
Motion by Councilmember McKeown. seconded by Mayor Feinstein, to
approve the request. The motion was unanimously approved by voice vote,
with Councilmember Holbrook absent.
1
September 11, 2001
ANGEL'S ATTIC
13-G: Request of Councilmember Holbrook that the City Council
direct staff to evaluate and return to Council with recommendations
regarding the offer of Jackie McMahon to: 1) move the Victorian
House at 516 Colorado to a City designated site, at her expense, renting
the site to her for $10/year for her lifetime or 15 years, whichever
comes first; donate the lot at 516 Colorado to the City; operate the
Angel's Attic at her expense, and establish an endowment of $IM to
operate the museum after that time.
On order of the Mayor, this matter was continued to future meeting.
RESIGNATION
13-H: Acceptance of Sue Alexopoulos's letter of resignation from the
Library Board, and authorization for the City Clerk to publish the
vacancy, was presented.
Motion by Mayor Pro Tem Bloom. seconded by Councilmember Genser, to
accept resignation and direct staff to publish the vacancy. The motion was
unanimously approved by voice vote, with Councilmember Holbrook absent
RESTAURANTIRETAIL
USE MIX
13-1: Request of Mayor Feinstein that the discussion of Item 8-D
regarding the restaurant/retail use mix in the Bayside District be re-
scheduled as a "5" item on the October 9, 2001, City Council Meeting
Agenda to allow additional time for consideration of the
recommendations and to devote sufficient time to the item when it is
heard. (Item to be considered with 8-C.) "
ACTION
See action taken on Item 8-C
PUBLIC INPUT:
Member of the public Mary Booth addressed airport noise and safety issues,
Member of the public Pro Se announced the dates and times for various
public service events to be held in the City.
On order ofthe Mayor, the City Council meeting was adjourned at 9:22
p.rn., to September 25,2001, in memory of Ron Turner, and in memory of
all of the victims ofthe terrorist attacks in New York, Washington, D.C. and
Pennsylvania. r
ADJOURNMENT:
ATTEST.'
~ ~.~.'O~
. S \
Mana M. tewart
City Clerk
Michael Feinstein
Mayor
12
September 1, 2001