M-9/25/2001
CITY OF SANTA MONICA
....
CITY COUNCIL MINUTES
SEPTEMBER 25, 2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:50 p.m, on Tuesday, September 25,2001, 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 6:50 p.m)
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 On order ofthe Mayor, the City Council convened at 5:50 p.m., with
Councilmember Holbrook absent. Councilmember Katz 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.
Members of the public Pro Se and Joey Fullmer addressed items on the
Consent Calendar.
At the request of Councilmember McKeown, Item I-G was removed from
the Consent Calendar. At the request of Councilmember Katz, Item 1-0
was removed from the Consent Calendar.
Motion bv Councilmember Katz. seconded by Councilmember O'Connor, 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:
September 25,2001
MINUTES
EARTHQUAKE
RESOLUTION
SEISMIC RETROFIT
OFFICE TRAILER AT
CLOVER PARK
TRAINING FOR BBB
EMPLOYEES
SEWER MAIN REPAIR
EMPLOYEE TRAINING
AYES:
Councilmembers O'Connor, McKeown, Genser, Katz,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
I-A: The minutes of June 26, and July 10, 2001, regular City Council
meetings, and July 10, 2001, special City Council meeting were approved.
I-B: Earthquake Recovery Resolution - Resolution No. 9700 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
1-C: Seismic Retrofit and Restoration of Crescent Bay Park Pergola -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8011 (CCS) with Dynamic General Contractors, Inc., in the
amount of $224,700, for the construction of the project, was approved.
1-D: Addition of Trailer Office at Clover Park - recommendation to
authorize the City Manager to negotiate and execute Contract No. 8012
(CCS) with Spilat Construction, in the amount of$265,600, for the trailer
office addition project at Clover Park, was approved.
1-E: Provision of customer service, supervisory and maDagement skill
training for Big Blue Bus employees - recommendation to authorize an
increase to Purchase Order with Insight Strategies, Inc., in the amount of
$122,000, for provision of training services, was approved.
1- F: Repair of earthquake-damaged sewer mains - Project 11 -
recommendation to authorize the City Manager to negotiate and execute
construction Contract No. 8013 (CCS) with Mladen Girbavac, in the
amount of$2,996,365.75; and Contract No. 8014 (CCS) with Tetra Tech,
Inc., in the amount of $498,400, for construction management and
inspection services for the project, was approved.
1- H: Provision of management and supervisory training to City
employees - recommendation to authorize the City Manager to negotiate
and execute Contract No. 8016 (CCS) with Centre for Organization
Effectiveness, in the amount of$65,000, to provide training in leadership
and supervision skills to management and supervisory employees of the City,
was approved.
2
September 25,2001
RECEIPT OF GRANT
FUNDS
TREE TRIMMING
FIREFIGHTING
VEIDCLE
BUS FARE BOXES
TRAFFIC SIGNAL
BACK UP SYSTEM
MAIN LIBRARY
EXPANSION
AIRCRAFT NOISE
MONITORING
I-I: Resolution accepting grant funds from the Governor's Office of
Criminal Justice Planning - recommendation to adopt Resolution No.
9701 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO APPLY FOR
AND ACCEPT A $98,119 GRANT AWARD FROM THE
GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PLANNING," to
purchase software for the Police Department, was adopted.
1-J: Purchase of tree trimming equipment - recommendation to award
Bid No. 2836 to Altec Industries, Inc., in the amount of$155,318.04,for a
hydraulic articulating aerial device to trim City trees, was approved.
1- K: Purchase of an aircraft crash/rescue firefighting vehicle _
recommendation to award a purchase order to Emergency One
Incorporated, in the amount of $552,319, for a one-year old aircraft
crash/rescue firefighting vehicle, was approved.
1-L: Purchase of bus fare boxes for Big Blue Buses - recommendation
to award purchase order to GFI Genfare, in the amount of$361,104, for bus
fare boxes, was approved.
1-M: Purchase of battery back-up systems to run traffic signals iD the
event of power loss - recommendation to award purchase order to J & J, in
the amount of $402,000, for battery back-up systems to provide power to
traffic signals in the event of a power loss, was approved.
1-N: Revised plan for Main Library Expansion Project, includiDg
demolition of existing structure - recommendation to approve a revised
approach to the Main Library Expansion Project, involving replacement of
the existing building with a newly constructed facility, was approved.
1-G: Update to Santa Monica's Airport's Aircraft Noise MonitoriDg
System - recommendation to authorize the City Manager to negotiate and
execute Contract No. 8015 (CCS) with BAE Systems, in the amount of
$300,000, to provide software and hardware to update the noise monitoring
system, was presented.
Staff replied to questions posed by Councilmember Katz.
Motion by Councilmember McKeown. seconded bv Councilmember Genser,
to approve recommendation and direct staff to return with information on
the cost of installation of additional monitors. The motion was approved by
the following vote:
3
September 25,2001
AYES:
Councilmembers Katz, Genser, McKeown, O'Connor,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
UNIVERSAL
ACCESSIBILITY
1-0: Study of universal accessibility requirements for Dew
development projects - recommendation to authorize the City Manager to
negotiate and execute Contract No. 8017 (CCS) with the University of
Buffalo Foundation, in the amount of$75,000, for the study of universal
accessibility requirements for new residential and commercial construction,
was presented.
Councilmember Katz advised he asked to remove this item from the Consent
Calendar because of the amount of funds being spent and believed that most
of the project could be conducted by a local task force at minimum cost.
Discussion ensued.
Motion by Councilmember Genser. seconded by Mayor Feinstein, to
approve staff recommendation. The motion was approved by the following
vote:
AYES:
Councilmembers Genser, McKeown, O'Connor, Mayor Pro
Tern Bloom, Mayor Feinstein
Councilmember Katz
CouncilmemberHollirook
NOES:
ABSENT:
Councilmember Katz stated, for the record, that he voted in opposition for
the same reasons he voiced earlier.
RECESS
On order of the Mayor, the City Council recessed at 6:05 p.m., to hear
closed sessions and returned at 7:05 p.m. with all members present to the
following:
SPECIAL ITEMS:
RECOGNITION
4-A: Recognition ofthe contributions of Dora Menchaca and Carolyn
Beug to their community.
Mayor Feinstein acknowledged and recognized the contributions made to
the community by the two victims lost in the September 11,2001, terrorist
attack.
4
September 25,2001
REPORT ON THE
STATE OF THE CITY
COMMENDATION
CLOSED SESSIONS:
4-B: Report on State of the City and Public Safety Efforts Following
the Terrorist Attack of September 11, 2001.
The City Manager reported on the current activities of the City's staffin
preparing for disaster and on the state of the City.
4-C: Commendation to John Catoe, Director of Transportation.
The Mayor issued a commendation to Mr. Catoe.
On order of the Mayor, the following actions were reported on closed
session items:
2-A: Conference with Legal Counsel- Existing Litigation: Michael
Duffy v. City of Santa Monica, Case No. SC 061 611.
Motion by Councilmember O'Connor. seconded bv Mayor Pro Tern Bloom,
to approve a settlement in the amount of$575,000.00, appropriated from
Account No. 56232.578790. The motion was approved by the following
vote:
AYES:
Councilmembers O'Connor, McKeown, Genser, Katz,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
None
NOES:
ABSTAIN:
ABSENT:
2-B: Conference with Legal Counsel- Existing Litigation: CALHO v.
City of Santa Monica, Case No. BS 053 199.
Motion By Councilmember O'Connor. seconded by Mayor Pro Tern Bloom,
to approve a settlement in the amount of$180,000 in attorney's fees within
30 days of execution ofthe agreement, and $117,000 to be paid on or before
January 31, 2001. 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:
2-C: Conference with Legal Counsel- Existing Litigation: Dorothv
Roeder v. City of Santa Monica, Case No. SC 061 238.
5
September 25,2001
Motion by Councilmember O'Connor. seconded by Councilmember Katz, to
approve a settlement in the amount of$38,572.87. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor; McKeown, Genser,
Katz, Mayor Pro Tem Bloom, Mayor Feinstein
None
None
2-D: Conference with Legal Counsel- Existing Litigation: Seved Ali
Hashemian v. City of Santa Monica, Case No. SC 061051.
Motion by Councilmember O'Connor. seconded by Councilmember
McKeo~ to approve a settlement in the amount of$180,000.00. The
motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Katz, Genser, McKeown, O'Connor,
Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein
None
None
El
2-E: Conference with Legal Counsel- Existing Litigation: David
Levy. et at v. City of Santa Monica, Case No. SC 063 147.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co.. et al., Case No. 313004.
ACTION:
Heard. No reportable action taken.
2-G: 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- H: Conference with Legal CouDsel- Anticipated Litigation.
Number of Cases: One.
ACTION:
Heard. No reportable action taken.
6
September 25,2001
ORDINANCES:
BUILDING ENERGY
PERFORMANCE
STANDARDS
CONSTRUCTION RATE
PROGRAM
TRANSIT MALL - BUS
ONLY LANE
7 -A: Second reading and adoptioD of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 8 OF THE MUNICIPAL CODE RELATING TO
BUILDING ENERGY PERFORMANCE STANDARDS IN NEW AND
RENOVATED COMMERCIAL AND MUL TI-FAMIL Y
RESIDENTIAL CONSTRUCTION IN THE CITY," was presented.
On order of the Mayor, and at the request of staff, this matter was continued
to October 9, 2001.
7-B: Introduction and first reading of an interim ordinance entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA ExtendiDg
the Construction Rate Program for Multi-family Development in AU
Multi-family Residential Districts and the Design Compatibility Permit
Requirement for the Development of Condominiums and Other Multi-
family Housing," was presented.
Members of the public Joey Fullmer and Brian Hutchings expressed various
concerns.
Motion by Councilmember O'Connor. 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
Councilmembers Genser, McKeown, O'Connor, Mayor Pro
Tern Bloom, Mayor Feinstein
Councilmembers Katz, Holbrook
None
NOES:
ABSENT
7-C: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING
SECTION 3.12.670 TO THE MUNICIPAL CODE RELATING TO
TRANSIT MALL TRAFFIC RESTRICTIONS TO AUTHORIZE
THE CREATION OF "BUS ONLY" LANES," was presented.
There was no one present to speak on this item.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember Katz, 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:
7
September 25.2001
AYES:
NOES:
ABSENT:
STAFF ITEMS:
Councilmembers Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro Tern Bloom, Mayor Feinstein
None
None
8-A: Qualification of petition for proposed Referendum Against
Living Wage Ordinance No. 2015 (CCS) - recommendation to accept the
qualified petition for a referendum against the Living Wage Ordinance and
either, revoke the ordinance in its entirety, or set a date for an election for
the purpose of placing the ordinance on the ballot for a public vote.
The following members of the public spoke in support of placing the
ordinance of the ballot: Rick Yapkowits, Edith Mendez- Yapkowits, Chuck
Allord, Beth Lederpack, Erika Zucker, and Jerry Rubin.
Member of the public Mike Grunning spoke in support of revoking the
ordinance. Member of the Public Ann Greenspun expressed concerns
regarding the economic state of the City and spoke in support of revoking
the ordinance. Member of the public Tom Larmore expressed concern
regarding the economic state of the City.
Motion by Councilmember McKeown. seconded by Councilmember Genser,
to place the ordinance on the November 5, 2002, ballot, and direct staff to
prepare a separate ordinance to address protection of workers and workers'
rights while the living wage ordinance is suspended, pending the election.
Substitute motion by Councilmember Katz. seconded by Councilmember
Holbrook, to rescind the ordinance. The substitute motion failed by the
following vote:
AYES:
NOES:
ABSENT:
Councilmembers Katz, Holbrook
Councilmembers Genser, McKeown, O'Connor, Mayor Pro
Tern Bloom, Mayor Feinstein
None
The main motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro Tern Bloom, Mayor Feinstein
None
None
8
September 25,2001
PUBLIC HEARINGS:
HOMELESS SERVICES
PLAN
SALE OF ACCESS
RIGHT-OF-WAY
WATER QUALITY
REPORT
9-A: Public Hearing aDd 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. (Continued from September 11, 2001.)
On order of the Mayor, this matter was continued to October 9, 2001
9-B: Resolution waiving advertisement requirements and authorizing
the sale of access rights across portion of public right-of-way at
northwest comer of Olympic and Centinela - recommendation to hold a
public hearing and adopt Resolution No. 9702 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
SALE OF EXCESS RIGHTS FOR DRIVEWAY PURPOSES ACROSS A
PORTION OF THE PUBLIC RIGHT -OF- WAY AND ACCEPT
PROPERTY DEDICATION AND IMPROVEMENTS AT THE
NORTHWEST CORNER OF OLYMPIC BOULEVARD AND
CENTINELA, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE RELATED DOCUMENTS," was presented.
There was no one present to speak on this matter.
Motion by Councilmember Katz. seconded bv Mayor Pro Tern Bloom, to adopl
the resolution, reading by title only, and waiving further reading thereof. Th(
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:
9-C: Report on Water Quality Relative to Public Health Goals -
recommendation that Council hold a public hearing, receive public comment,
and approve the water quality report, was presented.
There was no one present to speak on this matter.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember Katz, to
approve staff recommendation. The motion was approved by the following
vote:
9
September 25,2001
AYES:
Councilmembers Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
RESOLUTIONS:
ll-A: Resolution No. 9703 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA MODIFYING THE REGULATIONS IN
PREFERENTIAL PARKING ZONE ZZON 5TH, 6TH, AND 7TH STREETS
BETWEEN WILSHIRE AND MONTANA; AND ON MONTANA,
IDAHO, WASHINGTON AND CALIFORNIA AVENUES, BETWEEN
4TH AND 7TH STREETS, AND AMENDMENT TO RESOLUTION 9344
(CCS)" - and recommendation to approve the proposed budget adjustment,
was presented.
City Manager Susan E. McCarthy excused herself from this portion of the
Council meeting due to a conflict of interest. Assistant City Manager Gordon
Anderson assumed the City Manager's chair.
The following members of the public spoke to various issues of the proposed
resolution: Rich Hapkowitz, Tom Alesio, Bob Davenport, Harvey Shapiro,
E.A. Huerta, Walter VanBuskirk, Russell McAleg, Chuck Allord, Mike
Grunning, Jane Walker, AlBaginshi, Selwyn Y osslawitz, Charles Wood, Bruce
Kapsun, Sheryl Shevah, Sonja Braga, Tom Larmore, Rachel Powell, Inna
Passmore, and Don Halpern.
Discussion ensued on the proposed parking zone and the issues and concerns
expressed by members of the public.
Motion by Councilmember McKeown. seconded by Mayor Feinstein, to adopt
the resolution, reading by title only and waiving further reading thereof, and
amending to change the hours from 7:00 to 9:00 p.m., to 7:00 to 10:00 p.m.
Motion to amend by Councilmember Genser, to extend the time to midnight in
the district. The motion was accepted as friendly.
Substitute motion by Councilmember O'Connor. seconded by Councilmember
Genser, that the Parking Zone ZZ end at Washington Street on the north,
between 4th and 7th and Wilshire and Washington, and the hours to extend
through midnight. The substitute motion failed by the following vote:
10
September 25,2001
WRITTEN
COMMUNICATIONS:
MOTORIZED
SCOOTERS
MOTORIZED LAWN
MOWERS
AYES:
NOES:
ABSENT
Councilmembers Genser, O'Connor, Mayor Pro Tern Bloom
Councilmembers Katz, McKeown, Holbrook, Mayor Feinstem
None
Councilmember McKeown withdrew his original motion in order to make the
following new motion:
Motion by Councilmember McKeown, seconded by Councilmember Katz, to
adopt resolution amended so that the parking zone goes from Wilshire to
Washington, inclusive of Washington from 7:00 a.m., to 10:00 p.m.
Motion to amend by Councilmember Genser, should a district between Wilshire
and Washington, west ofthe proposed district, be considered for nighttime use,
that staff return with consideration of extending the hours in this proposed
district to midnight. The motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES:
Councilmembers Katz, Genser, McKeown, O'Connor,
Holbrook, Mayor Pro Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT
At the conclusion of this matter, the City Manager returned to the dais.
12-A: Request of Kenneth Wefer to request that Council direct staff to
draft an ordinance establishing noise and safety regulations for motorized
scooters, was presented.
Members of the public Paul Sanderson, Mark Rosenberg and Quincy spoke in
support of the request.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember Genser, to
direct staff to investigate the request and return with recommendations, if
appropriate. The motion was unanimously approved by voice vote, with all
members present.
12-B: Request of Irina Passmore to request that the City Council
establish a ban 01) internal combustion engine lawn mowers in the City,
dnd oI,llyp'erinit th~ p.s~pf mechanical and electric mowers, was presented.
'On order of the Mayor, and Ms. Passmore not being present, the information
was received and filed.
11
September 25,2001
TRANSIT MALL
ORDINANCE
AMENDMENT
COUNCILMEMBER
ITEMS:
APPOINTMENTS
RESIGNATION
PUBLIC INPUT:
12-C: Request of Norman Cohen to address Council to request that the
work plan for the sidewalk and Transit Mall east of 5th Street be delayed
to allow for reconsideration of widening ofthe Mall and the sidewalks to
6th Street, as originally planned.
At Mr. Cohen's request, this matter was continued to October 9, 2001
12-D: Request of Christopher Harding that Council direct staff to
investigate modifying Ordinance No. 1999(CCS), governing development
review thresholds for mixed-use projects and to rescind prior direction to
explore extending the Ordinance to the downtown zoning districts, was
presented.
Members ofthe public Chuck Allord and Quincy addressed concerns regarding
the request.
Motion by Councihnember McKeown. seconded by Mavor Pro Tern Bloom,
to receive and file the information. The motion was unanimously approved by
voice vote, with all Councihnembers present.
13-A: Appointment to one annual vacancy on the ConveDtion & Visitors
Bureau for a term ending June 30, 2005: (Continued from August 14, 200 I)
On order of the Mayor, this matter was continued to October 9~ 2001.
13-B: Appointment to one special vacancy on the Personnel Board for a
partial term ending June 30, 2004. (Continued from August 14,2001.)
On order ofthe Mayor, this matter was continued to October 23,2001.
13-C: AcceptaDce of Alison St. Onge's letter of resignation from the
Architectural Review Board, and authorization to the City Clerk to
publish the vacancy.
Motion by Councihnember Katz. seconded by Mayor Feinstem, to accept
resignation and authorize the City Clerk to publish the vacancy. The motion
was unanimously approved by voice vote, with all Councihnembers present.
Members of the public Pro Se and Quincy addressed various local concerns.
12
September 25,2001
ADJOURNMENT:
On order ofthe Mayor, the City Council meeting was adjourned at 11 :20 p.rn.
to October 9, 2001, in memory of Carolyn Beug, Dora Menchaca, Ronald~
Gamboa, and Mr. Gamboa's young son.
ATTES~
'u'-cO..~~ .~
Maria M. Stewart
City Clerk
/'
13
September 25, 2001