M-6/11/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 11, 2002
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at
5:45 p.m., on Tuesday, June 11,2002, 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 6:20 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 6:20 p.m.)
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 5:45 p.m., with
Councilmembers Holbrook and O'Connor abseI).t. Councilmember Genser
led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were presented and approved in one motion unless removed by a
Councilmember for discussion.
Members of the public Joey Fullmer and Pro Se expressed various concerns.
At the request ofCouncilmember Katz, item l-E was removed from the
Consent Calendar. At the request of Mayor Feinstein, Item I-D was
removed from the Consent Calendar.
Motion by Councilmember Bloom. seconded by Councilmember Genser, to
approve all items, except I-D and l-E, 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 Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
1
June 1, 2002
RUNOFF RECYCLING
FACILITY
AIRPORT AVENUE
BUILDING
SEWER PROJECTS
LAW ENFORCEMENT
GRANT FUNDS
PURCHASE OF
CONTAINERS
CALIFORNIA ARTS
COUNCIL
I-A: Santa Monica Urban Runoff Recycling Facility (SMURRF)
Project Phase II Distribution System - recommendation to authorize the
City Manager to negotiate and execute Contract No. 8115 (CCS) with
Majich Bros., Inc., in the amount of$I,235,089, for construction of the
SMURRF Project; negotiate and execute Contract No. 8116 (CCS) with
Black and Veatch Corporation, in an amount not to exceed $160,000, for
construction management services; and approve proposed appropriation,
was approved.
I-B: Re-roofing of Airport Avenue Building and installation of
Photovoltaic Energy System - recommendation to authorize the City
Manager to negotiate and execute Contract No. 8094 (CCS) with Southern
California Roofing Company, in the amount of$517,000, for re-roofing
services and installation of a photovoltaic energy system; and approve
recommended budget actions, was approved.
l-C: Contract amendment for Sewer Projects 10 and 15B -
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 7593 (CCS) with Tetra Tech, in the amount of
$39,000, for construction management services for Sewer Project 15B; and
negotiate and execute an amendment to Contract No. 7771 (CCS) with
Harris Associates, in the amount of$24,000, for construction management
services for Sewer Project 10, was approved.
I-F: Appropriation of California Law Enforcement Equipment
Program (CLEEP) Grant funds - recommendation that Council
appropriate and approve proposed uses for $56,566 of2001 State CLEEP
Grant Program funds, was approved.
I-G: Award bid to furnish and deliver 300 Litter containers -
recommendation to award Bid No. 2848 to Quick Crete Products Corp., in the
amount of $164,648.25, to furnish and deliver 300 litter containers for the
Solid Waste Management Division, with one additional one-year renewal
option, was approved.
I-H: Resolution No. 9765 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO SUBMIT A PROPOSAL TO THE CALIFORNIA ARTS COUNCIL'S
ARTS IN EDUCATION DEMONSTRATION PROJECT AND TO
EXECUTE ALL NECESSARY DOCUMENTS," was adopted.
2
June 11, 2002
JUVENILE OFFENDER
INTERVENTION
ACQUISITION OF
PROPERTY
RENAMING OF OCEAN
AVENUE
CIVIC AUDITORIUM
I-I: Resolution No. 9767 entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA RELEASING FUNDS TO L.A. COUNTY TO
PROVIDE A HEARING OFFICER UNDER THE mVENILE
OFFENDER INTERVENTION NETWORK (JOIN)" - recommendation to
adopt a resolution transferring Block Grant funds to the County of Los
Angeles to hire a hearing officer for early intervention for non-violent frrst
time minor offenders in Santa Monica, was adopted.
l-J: Authorization to negotiate terms and conditions for acquisition of
real property located at 400 Santa Monica Boulevard through 1442 Fifth
Street, was approved.
I-D: Recommendation that the City Council no longer consider
renaming Ocean Avenue south of Pi co Boulevard to Barnard Way, was
presented.
Mayor Feinstein stated he pulled this item to possibly ask staff to look at one
of the two options suggested by the community, and to add review of possibly
renaming Barnard Way.
Discussion ensued on the nature ofthe request and the item before Council, as
noticed on the agenda.
Motion by Mayor Feinstein. seconded by Councilmember Katz, to continue this
matter to a meeting where there is a full Council
Substitute motion by Councilmember Genser. seconded by Mayor Pro Tem
McKeo~ to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Bloom, Genser, Katz, Mayor Pro Tem
McKeown
Mayor Feinstein
Councilmembers Holbrook, O'Connor
NOES:
ABSENT:
l-E: Recommendation to certify Statement of Official Action of the
Landmarks Commission's decision designating the structure located at
1855 Main Street (Civic Auditorium) as a City Landmark, was presented.
Councilmember Katz stated he removed this matter from the Consent Calendar
because he wants to vote against the recommendation.
3
June 11. 2002
Motion by Councilmember Bloom. seconded by Councilmember Genser, to
approve staff recommendation. The motion was approved by the followinl
vote:
AYES
NOES:
ABSENT:
Councilmembers Genser, Bloom, Mayor Pro Tern McKeown,
Mayor Feinstein
Councilmember Katz
Councilmembers Holbrook, O'Connor
On order of the Mayor, the City Council recessed at 6:10 p.m., to consider
closed sessions and reconvened at 7:00 p.m., with all members present, to
Counci/members O'Connor report the following action:
and Holbrook arrived at
6:20 p.m.
CLOSED SESSIONS
2-A: Conference with Legal Counsel - Existing Litigation: Michael
Sweet. et al. v. City of Santa Monica. et ai, Case No. BC 255 035.
Motion bv Councilmember Katz. seconded bv Mayor Pro Tern McKeown, to
approve settlement in the amount of $22,500.00. The motion was approved
by the following vote:
AYES:
NOES:
ABSENT:
AaSTAIN:
Councilmembers Katz, Genser, Bloom, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
Councilmember O'Connor
2-B: Conference with Legal Counsel - Existing Litigation: Vicki
Luckenbach v. City of Santa Monica. et aI., Case No. SC 069 112.
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeo~ to
approve settlement in the amount of $200,500.00, and an appropriation of
funds from account No. 56232-522010. The motion was approved by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Councilmembers Katz, Genser, Bloom,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
Councilmembers O'Connor, Holbrook
4
June 11, 2002
2-C: Conference with Legal Counsel - Existing Litigation: Andrew
Bleisner v. City of Santa Monica. et aI., Case No. SC 067 217.
Motion by Councilmember Katz. seconded by Mayor Pro Tern McKeo~ to
approved settlement in the amount of$36,000. The motion was approved by
the following vote:
NOES:
ABSENT:
Councilmembers Katz, Genser, Bloom, Holbrook, O'Connor
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
Conference with Real Property Negotiators:
Property: 516 Colorado Avenue
City Negotiator: Mark Richter, Real Estate Manager
Owner of Record: Jacqueline McMahan
Under Negotiation: Acquisition of Real Property
ACTION:
Not heard.
2-E: Conference with Real Property Negotiators:
Property: 400 Santa Monica Blvd. Through 1442 Fifth Street
City Negotiator: Mark Richter, Real Estate Manager
Owner of Record: Henshey's
Under Negotiation: Acquisition of Real Property
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: City of Santa
Monica v. Maria Stewart, Case No. SC 067 033.
ACTION
Not heard.
2-G: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC04331.
ACTION:
Heard. No reportable action taken.
2-H: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Four.
ACTION:
One case heard. No reportable action taken.
5
June 11, 2002
2-1: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Santa Monica Police Officers Association
ACTION:
Not heard.
2-J: Conference with Legal Counsel- Existing Litigation: Theresa
Hill, et aI., v. City of Santa Monica, Case No. SC 064 466.
ACTION:
Not heard.
ADMIN. PROCEEDINGS: 6-A: Appeal of Landmarks Commission's denial ofa Certificate of
2553 3"' Street Appropriateness for construction of semi-subterranean garage for
project located at 2553 3"' Street - recommendation that City Council
uphold the decision of the Landmarks Commission to deny a Certificate of
Appropriateness to allow for construction of a semi-subterranean garage
with balcony and entry stairs at the front of the property under the existing
first floor of a residence that is a contributor to the Third Street
Neighborhood Historic District, was presented.
Applicant/Appellant Shirley Bly and representatives Tom Larmore and
Francesca Smith spoke in support of the appeal and provided a rebuttal after
public comment.
The following members ofthe public spoke in support of the appeal: Jeff
Chatman, Walt Zambas, John Juncos, Michael Cohed, Terry Ann Relzinger,
Bill Bolton, Chuck Allord, Frances de la Huerta, James Silverstein, and Jeff
Weinstein.
The following members of the public spoke in opposition to the appeal:
James Bianco, Pat Abel, Ruthann Lehrer, Kathleen Masser, Sam Tooch,
Nina Fresco, Leona Marolo, Kevin Kellow, Beverly Hardie, Mike Russ,
Candra Dockery, Bea Nem Laha, Lisa Langlois, Tony Haig, Margot Alofsin,
and Tom Cleys.
Motion bv Councilmember O'Connor. seconded bv Councilmember Genser,
to uphold the Landmarks Commission decision and deny the appeal. The
motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Holbrook
None
NOES:
ABSENT:
6
June 11, 2002
ORDINANCES:
UNLICENCED
CONTRACTOR
7-A: Second reading of Ordinance No. 2044 (CCS) entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING
CHAPTER 4.72 TO THE SANTA MONICA MUNICIPAL CODE TO
PROHIBIT ENTERING INTO AN AGREEMENT FOR SERVICES
WITH AN UNLICENCED BUILDING MAINTENANCE SERVICE
CONTRACTOR; AND REQUIRING THAT SUCH CONTRACTORS
HAVE VALID CITY BUSINESS LICENSES," was presented.
Motion by Mayor Pro Ten McKeown. seconded byCouncilmember Genser,
to adopt ordinance, 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:
ADELPHIA CABLE
7-B: Second reading of Ordinance No. 2045 (CCS) entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA CONSENTING TO
THE RENEWAL OF A CABLE TELEVISION FRANCHISE WITH
CENTURY-TCI CALIFORNIA L.P. (AKA ADELPHIA
COMMUNICATIONS CORPORATION)," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to adopt ordinance 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
CAMPAIGN CONTRIBU- 7-C: Introduction and first reading of an ordinance entitled: "AN
TIONS LIMIT ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 11 OF THE MUNICIPAL CODE PROVIDING REMEDIES
FOR VIOLATIONS AND AN ESCALATOR TO THE LOCAL
CAMPAIGN CONTRIBUTIONS LIMIT," was presented.
'here was no one present for public comment.
7
June 2002
STAFF ITEMS:
VIRGINIA PARK
EXPANSION
BALLOT MEASURES
FOR NOVEMBER 5, 2002
MUNICIPAL ELECTION
Motion by Mayor Feinstein. seconded bv Councilmember Genser, to
introduce and hold first reading of the ordinance, amended to delete the
escalator portion, 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:
8-A: Modification of Virginia Park Expansion Project Design
relating to Pavilion Area and Wading Pool and Status Report on Public
Art Mural- recommendation to approve proposed design changes
including the replacement of the existing PAL Fitness Gym building,
replacement of the wading pool with a water jet play area and modifications
to the pool support building and surrounding landscaping; and update on
design of the public art mural, was presented.
There was no one present for public comment.
Motion by Mayor Feinstein. seconded by Councilmember Bloom, to
approve staff recommendation.
Motion to amend by Councilmember Genser, to direct that as staff moves
forward with project, regarding the proposed 8- foot wall, to look at whether
there is the option of having a lower wall, or not having a wall at all, with
the understanding that Council is not advocating a position in favor or
against. The motion was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES
Councilmembers Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
8-B: Resolution placing two measures and a referendum on the
November 5, 2002, General Municipal Election ballot - recommendation
to adopt a resolution placing the proposed Voters Election Reform Initiative
for a True Accountability System Charter Amendment; proposed Santa
Monica Residents Protection and Homeownership Charter Amendment; and
proposed referendum to Ordinance No. 2015 (CCS) known as The Living
Wage Ordinance on the November 5, 2002, ballot; authorizing
8
June 11, 2002
Councilmembers to file written arguments for or against the measures, and
directing the City Attorney to prepare an impartial analysis of each measure,
was presented.
Member of the public Brian Hutchings addressed various concerns.
Discussion ensued on the proposed language for the measures and on the
need to provide the voting residents as much information on the measure as
possible. On order of the Mayor, the matter was continued to June 25, 2002
for possible revisions to proposed ballot language.
RENT CONTROL
CHARTER
AMENDMENT
8-C: Proposed Amendments to Article XVIII of the City Charter,
Santa Monica's Rent Control Law, to afford legal protections to Santa
Monica tenants, was presented.
The following members of the public spoke in favor of the proposal: Bruria
Finkel, Betty Mueller, Pam Vavra, and Alan Toy.
Motion by Mayor Pro Tern McKeown. seconded by Mayor Feinstein. to
approve the proposed charter amendment language, amended to delete the
words "malicious" on page 23 - Section 1803, delete the phrase "paid for by
City" on page 11, and that Section 1803 be broken out as a separate
measure. The motion was approved by the following vote:
AYES:
Councilmember Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tern McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
BOARDS/COMMISSIONS 10-A: Request of the Arts Commission to address Council concerning
CIVIC CENTER appointing a representative of the Arts Commission to the Civic Center
WORKING GROUP Working Group, was presented.
Motion by Mayor Pro Tern McKeown. seconded by Mayor Feinstein, to
approve request. The motion was approved by the following vote:
AYES:
Councilmember Katz, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Genser
None
NOES:
ABSENT:
RESOLUTIONS:
PREFERENTIAL
II-A: Resolution creating Preferential Parking Zone UU, amending
Zone ZZ, eliminating Zones NN and RR; and amending City Council
9
June 11. 2002
PARKING ZONE
WRITTEN
COMMUNICATIONS:
COUNCIL ITEMS:
GEN.,JAMES
, :i I f{' i"f" -".
~Dt)OLJ:TTLE
Councilmember Genser was
excused at 11:55 p.m.
,~~
Resolution No. 9344 (CCS) - recommendation to: adopt Resolution No.
9768 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA CREATING PREFERENTIAL PARKING ZONE UU
(INCLUDING OCEAN AVE., 2ND STREET, 3RD STREET; 4TH STREEt,
BETWEEN WILSHIRE AND MONTANA, AND MONTANA, IDAHO,
WASHINGTON, AND CALIFORNIA AVENUES BETWEEN OCEAN
A VB. AND 4TH STREET); AMEND PREFERENTIAL PARKING ZONE
ZZ (5TH STREET, 6TH STREET, 7TH STREET, BETWEEN WILSHIRE
AND WASHINGTON, AND WASHINGTON AND CALIFORNIA
AVENUES BETWEEN 4TH STREET AND 7TH STREET); ELIMINATE
ZONES NN AND RR; AND AMEND CITY COUNCIL RESOLUTION
NO. 9344 (CCS)," was presented.
Members of the public Gale Feldman, Bruce Johnston, Rob Rader, Betty
Mueller, Pam Vavra, Sonja Braga, Gideon Brower and Chuck Allord spoke
in favor 9f the proposal.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser,
to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES~
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Y " l _.~ ~.: ,;':k."
Mayor Pro Tern M9KeoWll; Mayor F;einsteili "
Councilmemher Katz
None
NOES:
ABSENT:
I2-A: Request of Eileen Hecht, representing owners of property
located at 2902 Nebraska, to reinstate to public use the use of parking
spaces in front of the property which are currently striped for 5 head-
in parking spaces. . .
On orderofthe Mayor, this matter was continued to July 23,2002
13-A: Request of Councilmember Holbrook to instruct staff to look for
an opportunity to name or rename a street located at or near the Santa
Monica Airport in th.e name of General James Harold Doolittle, was
presented.
t i"~';
There was no one present for public comment
Motion by Councilmember Holbrook. seconded by Councilmember Katz, to
approve request and forward to the Airport Commission. The motion was
unanimously approved by voice vote, with Councilmember Genser absent.
10
June 11,2002
HOUSING COMMISSION 13-B: Request ofthe Housing Commission Chair to declare a
Commissioner's seat vacant and staff recommendation to authorize the
City Clerk to publish the vacancy, was presented.
Councilmembers 0 'Connor
and Katz were excused at There was no one present for public comment
12:03 a.m.
Motion by Mayor Pro Tern McKeown. seconded by Mavor Feinstein, to
approve request. The motion was unanimously approved by voice vote,
with Councilmembers Genser, O'Connor, and Katz absent.
COUNCIL AGENDA
SEQUENCING
13-C: Request of Mayor Feinstein and Mayor Pro Tem McKeown to
discuss agenda sequencing of City Council closed session and study
session items, and to direct staff to return with a revised resolution
clarifying existing ambiguities, was presented.
Councilmember Genser
returned at 12:04 a.m.
There was no one present for public comment.
Motion by Councilmember McKeown. seconded bv Councilmember Bloom,
to approve request. The motion was approved by voice vote, with
Councilmember Genser abstaining and Councilmembers O'Connor and Katz
absent.
BALLONA WETLANDS 13-D: Request of Mayor Pro Tem McKeown that the City Council
adopt Resolution No. 9769 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA SUPPORTING AND ADVOCATING THE
TRANSFER OF STATE-OWNED BALLONA WETLANDS "AREA cn
(NORTH OF BALLONA CREEK AND EAST OF LINCOLN) INTO THE
CALIFORNIA STATE PARK SYSTEM, TO ADDRESS REGIONAL
OPEN SPACE DEFICIENCIES AND PROVIDE ENVIRONMENTAL,
AESTHETIC, RECREATIONAL AND ECONOMIC BENEFITS TO THE
RESIDENTS OF SANTA MONICA," was presented.
The following members ofthe public spoke in support of the request: Jerry
Rubin, Pam Vavra, Betty Mueller, Tom Francis, Rick Laudati, and Rob
Rader.
Motion by Mayor Pro Tern McKeown. 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:
1
June ll.~
PUBLIC INPUT:
ADJOURNMENT:
AYES:
Councilmembers Genser, Bloom, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmembers Katz, O'Connor
NOES:
ABSENT:
Members of the public Chuck Allord, Pro Se, Brian Hutchings, Art Casillas,
and Jerry Rubin addressed various municipal concerns.
On order of the Mayor, the City Council meeting was adjourned at 12:25
a.m. to June 18, 2002, in memory of "Marathon" Marty Lipstein, and of
John Richards.
ATTEST:-
~ LJ~ ~~
\
Maria M. Stewart
City Clerk
12
APPROVED:
Michael Feinstein
Mayor
June 11. 2002