M-8/13/2002 (2)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 13,2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:52 p.m., on Tuesday, August 13,2002, at City Council Chambers, 1685 Main Street.
Ro 11 Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilinem~r~crurrdBIDom
Councilinem~r Ken Genser
Councilinember Ro~rt T. Holbrook (arrived at 7:24 p.m.)
Councilinember Pam O'Connor
Councilinember Herb Katz
Absent:
Also Present: City Manager Susan McCarthy
Assistant City Attorney Joe Lawrence
City Clerk Maria M. Stewart
CONVENE/PLEDGE On order ofthe Mayor, the City Council convened at 5:52 p.m., with
Councilinembers O'Connor and Katz absent. Councilmember Pam
O'Connor led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilinember for discussion.
At the request ofCouncilmember Genser, Items I-B and l-C were removed
from the Consent Calendar.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tern
McKeo~ to approve all items on the Consent Calendar as presented
except I-B and J-C, reading resolutions and ordinances by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES:
Councilmembers Genser, Bloom, O'Connor,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilinembers Holbrook, Katz
NOES:
ABSENT:
August 13, 2002
MINUTES
POLICE CANINE
OFFICE FURNITURE
I-A: The minutes of April 16, 2002, City Council meeting, were approved
as submitted.
I-D: Retirement of Police Department Canine "Roy" - reconnnendation
to approve the purchase of "Canine Roy" by Officer V onAchen, for the amount
of$1.00, was approved.
l-E: Purchase of office furniture for Public Safety Facility-
reconnnendation to award a purchase order to Knoll, Inc., to furnish, deliver
and install office work space furnishings in the amount of $1,244,000, for the
new Public Safety Facility, and approve the reconnnended appropriation, was
approved.
REVISE FEE SCHEDULES I-F: Resolution No. 9789 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA REVISING REVISE THE FEE SCHEDULE
FOR THE SANTA MONICA PIER CAROUSEL," and RESOLUTION NO.
9788 (CCS) ENTITLED: "A RESOLUTION OF THE CITY OF SANTA
MONICA REVISING THE FEE SCHEDULE FOR THE SANTA MONICA
PIER CAROUSEL," were adopted.
STREETLIGHT I-G: Request to set a public hearing on October 22, 2002, for the
ASSESSMENT DISTRICT formation of a streetlight assessment district at Princeton Street between
Montana Avenue and Washington Avenue, and Washington Avenue
between Princeton Street and Harvard Street, was approved.
SEWER
REHABILITA TION/
RESTORATION
PROJECT
CONGESTION
MANAGEMENT
PROGRAM
ORGANIZATIONAL
DEVELOPMENT
SERVICES
I-H: Recommendation to reject sole bid received for sewer
rehabilitation and restoration project and authorize staff to re-advertise
the project, was approved.
1-1: Public hearing and Resolution No. 9791 (CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA FINDING THE CITY
TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM AND ADOPTING THE CMP LOCAL IMPLEMENTATION
REPORT," was adopted.
I-J: Contract amendment for employee-related organizational
development services - reconnnendation to authorize the City Manager to
negotiate and execute an amendment to Contract No. 6942 (CCS) with
Innovative Resources Consuhant Group, Inc., in the amount of $164,000, to
provide organizational development services to the Big Blue Bus, was
approved.
2
August 13,2002
ASSEMBLY BILL 1839
GAS REFUELING
FACILITY
TRASH LOADER
REFUSE-HAULER
CLOSED SESSIONS:
l-K: Resolution No. 9792 (CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA IN OPPOSITION TO ASSEMBL Y BILL 1839
WHICH PLACES LIMITS ON CONTRACTUAL INDEMNITY
PROVISIONS OF PUBLIC WORKS DESIGN CONTRACTS," was adopted.
l-L: Waiver of bid requirements and contract award for Gas Refueling
Facility - recommendation to waive bidding requirements and authorize the
City Manager to negotiate and execute Contract No. 8138 (CCS) with
Greenfield Compressions, Inc., in the amount of $442,295, to perform
additions and upgrades to Compressed Natural Gas Refueling Facility at the
Santa Monica Yards, was approved.
At the request of Councilmember Genser, Items I-B and l-C were heard
concurrently.
I-B: Purchase of one trash loader - recommendation to award Bid No.
2842, in the amount of $199,953.99, to Coastline Equipment to furnish and
deliver one loader for the Environmental & Public Works Management
Department, was presented.
l-C: Purchase of one refuse-hauler truck tractor - recommendation to
award Bid No. 2949, in the amount of$145,572.44, to Boerner Truck Center,
to furnish and deliver one truck tractor for the Environmental & Public Works
Management Department.
Councilmember Genser proposed to delay action on these two items until a
decision is made regarding the Transfer Station and the related needs. Staff
answered questions of Council. Discussion ensued regarding the need for the
equipment to be replaced and pending issues on the Transfer Station.
On order of the Mayor, the two purchases were continued to September 10,
2002.
On order of the Mayor the City Council recessed to closed sessions at 6:24
p.m., and reconvened at 7:13 p.m., to report the following action, with
Councilmembers Holbrook and Katz absent.
2-A: Conference with Legal Counsel - Existing Litigation: Wayne
Kohli v. City of Santa Monica, Case No. SC 067169.
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to
approve settlement in the amount of $20,000. The motion was approved by
the following vote:
3
August 13, 2002
STAFF ADMIN. ITEMS:
TENANT OWNERSHIP
RIGHTS CHARTER
AMENDMENT (TORCA)
AYES:
Councilmembers Genser, Bloom, O'Connor,
Mayor Pro Tem McKeown, Mayor Feinstein
None
Councilmembers Katz, Holbrook
NOES:
ABSENT:
2-B: Conference with Legal Counsel - Existing Litigation: Mildred
Teresa Hillet al.. v. City of Santa Monica, Case No. SC 064 466.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 01CC4331.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: Volkswagen
Santa Monica. Inc.. v. City of Santa Monica et aI., Case No. SC 069 667.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Four.
ACTION:
Two cases heard. No reportable action taken.
8-A: Approval of modifications to the Tenant Ownership Rights
Charter Amendment (TORCA) Shared Appreciation Loan Program
Guidelines for the purpose of liberalizing underwriting standards and
streamlining application process to facilitate participation, was presented.
There was no one present for public comment.
Motion by Mavor Pro Tem McKeown. seconded bv Councilmember Genser,
to approve the modifications as presented. The motion was approved by the
following vote:
AYES:
Councilmembers O'Connor, Bloom, Genser,
Mayor Pro Tem McKeown, Mayor Feinstein
None
Councilmembers Holbrook, Katz
NOES:
ABSENT:
On order of the Mayor, Item 8-C to be heard before Item 8-B.
4
August 13, 2002
BIG BLUE BUS
SERVICE
IMPROVEMENTS
Counci/member Holbrook
arrived at 7:24 p.m.
RED LIGHT PHOTO
ENFORCEMENT
SYSTEM
8-C: Approval of Big Blue Bus Service Improvements - recommendation
to hold a public hearing, receive input, and authorize permanent operation of
Line 4, implementation of the proposed UCLA Shuttle, and the modification
to line 14, effective September 8, 2002, was presented.
Member ofthe public Jerry Rubin spoke in support of the project. Member of
the public Greg Poirier expressed concerns regarding accidents and fatalities
involving the Big Blue Bus.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tern
McKeown, to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
8-B: Red Light Photo Enforcement System at selected locations within
the City of Santa Monica - recommendation to authorize the City Manager
to negotiate and execute a lease agreement with Redflex Traffic Systems, in the
amount of $3,204,460, for the provision and operation of automated signal
enforcement equipment and for related traffic citation processing services, and
approve the proposed budget changes, was presented.
The following members of the public spoke in opposition to the project:
Joey Fullmer, Bob Seldon, Art Casillas, Arthur Harris, Chuck Allord, Larry
Skuce, Ellen Brennan, Michael Klein, and Jeff Sklar.
Discussion ensued regarding concerns expressed by members ofthe public, and
on privacy, confidentiality, civil rights and enforcement issues.
Motion by Councilmember Bloom. seconded by Councilmember O'Connor, to
refer the matter back to staff for further analysis and return to Council with
information including, but not limited to, collision avoidance, civil liberties,
maintenance of records, due process vis-a-vis the system, and constitutional
rights.
AYES:
Councilmembers Genser, Bloom, O'Connor, Mayor Pro Tern
McKeown
Councilmember Holbrook, Mayor Feinstein
Councilmember Katz
NOES:
ABSENT:
5
August 13, 2002
JOINT MEETING WITH
THE HOUSING
AUTHORITY:
PUBLIC HOUSING
AGENCY PLAN
ADJOURNMENT OF
SPECIAL MEETING
JOINT MEETING WITH
THE REDEVELOPMENT
AGENCY:
CONSOLIDATED
RENTAL HOUSING
TRUST FUND
Councilmember Holbrook stated, for the record, that he voted in oppositio~
because he found staff's recommendation compelling, and if approved, would
have improved public safety, especially driver and pedestrian safety.
Mayor Feinstein stated, for the record, that he voted in opposition because he
does not believe that civil liberty concerns can be answered.
On order ofthe Mayor, the regular City Council meeting recessed at 8:50 p.m.,
and reconvened to a special joint meeting with the Housing Authority, with
Councilmember Katz absent.
8-D: CC/HA: Public hearing and approval of Public Housing Agency
Plan 2002-2003 - recommendation to hold a public hearing, receive public
input, approve the proposed Public Housing Agency Plan, and certifY
compliance with the FY 2000-01 through 2004-05 Consolidated Plan, was
presented.
Members of the public Joey Fullmer and Brian Hutchings spoke in support of
the recommendation.
Motion by Councilmember Holbrook. seconded by Councilmember O'Connor,
to approve recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Mayo
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the special joint meeting was adjourned at 8:55 p.m.,
and the City Council reconvened to a joint meeting with the Redevelopment
Agency, with Councilmember Katz absent.
8-E: CCIRA: Approval of one-time waiver to the Consolidated Rental
Housing Trust Fund Guidelines to fund a pilot self help Homeownership
Program sponsored by Habitat for Humanity, was presented.
Members ofthe public Brian Hutchings and Chloe Bird spoke in support of the
project.
6
August 13, 2002
ADJOURNMENT
PUBLIC HEARINGS:
2002 STORMW A TER
PARCEL REPORT
BOARDS AND
COMMISSIONS:
DEATH PENALTY
Motion by Mayor Pro Tern McKeown. seconded by Councilmember
O'Connor, to approve recommendation. The motion was approved by the
following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
On order of the Mayor, the special meeting adjourned at 9:08 p.m., and the
City Council reconvened to its regular meeting with Councilmember Katz
absent.
9-A: Pu blic hearing and approval ofthe 2002 Stormwater Parcel Report
- recommendation to hold a public hearing, receive input, and approve the
2002 Stormwater Parcel Report describing each parcel in the City and the
amount of each parcel's Stormwater Management User Fee, was presented.
There was no one present for the public hearing.
Motion by Mavor Feinstein. seconded by Councilmember Holbrook, to
approve recommendation. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook, Mayor
Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
10-A: Request of the Social Services Commission that City Council adopt
Resolution No. 9793 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA SUPPORTING A MORATORIUM ON THE USE OF
THE DEATH PENALTY IN THE STATE OF CALIFORNIA UNTIL A
STATE COMMISSION IS IMPANELED TO EVALUATE THE
APPLICATION, DETERRENT VALUE AND FISCAL IMPACT OF
CAPITAL PUNISHMENT," was presented.
Member ofthe public Chuck Allord spoke in opposition to the request.
Members of the public Christopher Calhoun, Rita Lowenthal, Joan Watson,
Haim Dor Beliak Rabbi, and Jordan Susman spoke in support of the request.
7
August 13, 2002
WRITTEN
COMMUNICATIONS:
ALTERNATIVE FUEL
VEHICLES
Motion by Mayor Pro Tem McKeown. seconded by Mayor Feinstein. to adoptr
resolutio~ reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES:
Councilmembers O'Connor, Bloom, Genser, Mayor Pro Tem
McKeown, Mayor Feinstein
Councilmember Holbrook
Councilmember Katz
NOES:
ABSENT:
12-A: Request from Robert E. Curtis to address Council to direct staff
to amend the Municipal Code to exempt drivers of alternative fuel vehicle
from depositing money in City parking meters, was presented.
Motion by Mayor Feinstein. seconded by Mayor Pro Tem McKeown. to direct
staff to look at ways to identify neighborhood electric vehicles and report back
to Council with options. The motion was unanimously approved by voice vote,
with Councilmember Katz absent.
POLICE DEPARTMENT 12-B: Request of Don Masterson to address Council regarding Police
POLICY AND PROCESS Department policy and process, was presented.
COUNCIL ITEMS:
COMMISSION ON
OLDER AMERICANS
CONVENTION &
VISITORS BUREAU
On order of the Mayor, the information was received and filed.
13-A: Appointment to three annual vacancies on the Commission on
Older Americans for terms ending June 30, 2006, and to one special
vacancy for a term ending June 30, 2003.
On order of the Mayor, this matter was continued to September 10,2002.
13-B: Appointment to two annual vacancies on the Convention &
Visitors Bureau for terms ending June 30, 2006.
On order of the Mayor the floor was opened for nominations.
Mavor Feinstein nominated West Hooker for one vacancy. There being no
other nominations, Mr. Hooker was unanimously appointed, with
Councilmember Katz absent.
Councilmember Genser nominated Karl Buchta. Mavor Feinstein nominated
David A. Moughalian. Mr. Buchta was appointed by the following vote:
8
August 13, 2002
LANDMARKS
COMMISSION
PERSONNEL BOARD
SOCIAL SERVICES
COMMISSION
BUILDING & SAFETY
COMMISSION
Karl Buchta:
Councihnembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown
Mayor Feinstein
Councihnember Katz
David Moughalian:
Absent:
Mayor Feinstein requested to change his vote to Mr. Buchta, thereby
appointing him by a unanimous vote of those present.
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 September 10,2002.
13-D: Appointment to one special vacancy on the Personnel Board for a
term ending June 30, 2004.
On order of the Mayor, this matter was continued to September 10,2002.
13-E: Appointment to one annual vacancy on the Social Services
Commission for a term ending June 30, 2006.
On order of the Mayor, the floor was opened for nominations.
Mayor Feinstein nominated Hasan Karwa. Mayor Pro Tern McKeown
nominated Brian Andrews. Mr. Andrews was appointed by the following vote:
Hasan Karwa:
Brian Andrews:
Councihnember Holbrook, Mayor Feinstein
Councihnembers O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown
Councihnember Katz
Absent:
At the end of the vote Councihnember Holbrook requested to change his vote
for Mr. Andrews, thereby appointing him by a 5-1 vote.
13-F: Appointment to one 2001 annual vacancy on the Building & Safety
Commission for a term ending June 30, 2005.
On order of the Mayor, this matter was continued to September 10,2002.
9
August 13, 2002
AIRPORT COMMISSION 13-G: Appointment to one annual vacancy on the Airport Commission
for a term ending June 30, 2006.
On order ofthe Mayor, the floor was opened for nominations.
Councilmember Genser nominated Ofer Grossman. There being no other
nominations, Mr. Grossman was appointed by acclamation, with
Councilmember Katz absent.
HOUSING COMMISSION 13-H: Appointment to one special vacancy on the Housing Commission
for a term ending June 30, 2003. (Continued from July 23,2002.)
On order of the Mayor, this matter was continued to September 10,2002.
ARCHITECTURAL
REVIEW BOARD
13-1: Appointmentto two annual vacancies on the Architectural Review
Board for terms ending June 30, 2006. (Continued from July 23,2002.)
On order of the Mayor,.this matter was continued to September 10,2002.
RESIGNATION LETTER 13-J: Acceptance of Tricia Ramos' letter of resignation from the
Commission on the Status of Women, and recommendation to authorize
the City Clerk to publish the vacancy.
Motion by Mayor Feinstein. seconded by Councilmember Bloom, to accept the
letter with regret, and authorize the City Clerk to publish the vacancy. The
motion was unanimously approved by voice vote, with Councilmember Katz
absent.
NO-EXPANSION AT
LOS ANGELES
INTERNATIONAL
AIRPORT
13-K: Request of Council member Bloom that staff take all appropriate
actions to avoid any adverse consequence to the residents of the City of
Santa Monica that might flow from the City of Los Angeles plan for "no-
expansion" at Los Angeles International Airport, was presented.
Motion by Councilmember Bloom. seconded by Councilmember O'Connor. to
approve request. Motion to amend by Mayor Pro Tern McKeo~ to add to
the motion the protection of neighborhoods. The motion was unanimously
approved by voice vote, with Councilmember Katz absent.
10
August 13,2002
FEEDING PROGRAMS 13-L: Request of Councilmembers O'Connor and Bloom to direct staff
to develop and recommend methods, including ordinances, to limit
number, size, frequency, duration, etc., offeeding programs held in public
parks and public spaces and make recommendations on related aspects
that allow for reasonable provision of social services for homeless
individuals and also identify methods that discourage unacceptable social
behaviors, was presented.
The following members ofthe public spoke in opposition to the request: Jerry
Rubin, Pro Se, J. Santos Chang, James Mason, Zed Null, Len Doucette, Randy
Wallberger, Vic Gottman, Ron Taylor, Patrick O'Rourke, Maria Fadli, Moira
La Mountain, Kenneth McCrae, Theresa Lee Jeffers, Luis Pina, David Bush,
Linda Armstrong, Paul Hortobagi.
The following members of the public spoke in support of the request: Paul
Dale, Steven Meltzer, Ann Greenspun, Michael Gruning, Kathy Dodson,
Chuck Allord, Kathleen Rawson, JohnMacer~ A. Holcomb and Ellen Brennan.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom, to
approve request, clarifying the phrase ". . . including ordinances regarding
feeding programs held in public parks and public spaces, for example to limit
number, size ..." The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor, Bloom, Genser
Mayor Pro Tern McKeown, Mayor Feinstein
Councilmember Katz
Mayor Pro Tern McKeown stated, for the record, that there are many ways to
protect the community and an ordinance outlawing feeding the poor mayor
may not be one of them, but having that as part ofthe direction makes him feel
uncomfortable.
Mayor Feinstein stated, for the record, that he takes the issues seriously but
believes it is irresponsible to move on this direction without having the annual
report and analysis from staff: prior to taking that direction.
PUBLIC INPUT:
Members of the public Pro Se and Ann McHugh expressed various concerns.
1
August 13, 2002
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:27 a.m.c
to September 10,2002, in memory of Francis Chick Hearn. /'
ATffiST:h:R~~k /
~ ~{~ /t(~v/ · .
Maria M. Stewart Michael FeinsteIn
City Clerk Mayor
12
August 13, 2002