M-9/10/2002 (2)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 10,2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:50 p.m., on Tuesday, September 10, 2002, at City Council Chambers, 1685 Main Street.
Roll Call:
Present:
t
Mayor Michael Feinstein"
Mayor Pro Tem Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser (arrived at 7:29 p.m.)
Councilmember Robert T. Holbrook (arrived at 7:15 p.m.)
Councilmember Herb Katz
Councilmember Pam O'Connor (arrived at 6:10 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 5:50 p.m., with
Councilmembers Genser, Holbrook and O'Connor absent. Mayor Pro Tem
McKeown 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.
Members of the public Joey Fullmer, and Brian Hutchings addressed various
Consent Calendar items. Members of the public Art Casillas and Nancy
Behravesh spoke in support of extending the soundwall proposed in
Item I-H.
Councilmember Bloom requested Item 1-H be removed from the Consent
Calendar .
Motion by Councilmember Katz. seconded by Mavor Pro Tem McKeo.ID!,
to approve all items on the Consent Calendar as presented except Item 1-H,
reading resolutions and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
1
September 10,2002
MINUTES
CITY-WIDE
RECYCLING
LNG BUSES
SALE OF USED
REVOLVER
834-83816TH STREET
LOBBYING SERVICES
BILL S-90IHR- 1990
AYES:
Councilmembers Bloom, Katz, Mayor Pro Tem McKeown,
Mayor Feinstein
None
Councilmembers Holbrook, O'Connor, Genser
NOES:
ABSENT:
I-A: The minutes of the June 18,2002, City Council meeting, were
approved.
1-B: Citywide co-mingled recycling program - recommendation to
expand the existing pilot program of commingled recycling citywide, was
continued to October 8, 2002, at the request of staff.
1-C: Contract amendment for thirty-seven LNG-Powered Transit
Buses and miscellaneous spare parts - recommendation to authorize the
City Manager to negotiate and execute an amendment to Contract 7634
(CCS) with North American Bus Industries, in the amount of $250,000, to
furnish and deliver 37 new 40-foot, low-floor, lightweight, liquid natural gas
powered buses with miscellaneous spare parts for the Big Blue Bus, was
approved.
1- D: The sale of a used Smith & Wesson revolver to retired Police
Officer, was approved.
1-E: Recommendation to approve Statement of Official Action for
project at 834-838 16th Street, was approved.
1-F: Contract for lobbying services in Washington D.C.-
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8140 (CCS) with The Ferguson Group, in the amount of
$63,600, to continue lobbying services in Washington D.C. on behalf ofthe
City, was approved.
1-G: Resolution No. 9794 (CCS) entitled: "A RESOLUTION OF THE
~ITY OF SANTA MONICA IN SUPPORT OF THE ACT TO LEA VE NO
CHILD BEHIND BILL (S. 940/H.R 1990), TO ENSURE CHILDREN A
HEAD START BY PROVIDING ACCESS TO ADEQUATE
CIDLDCARE, HEALTH CARE, AND EDUCATION," was adopted.
2
September 10, 2002
SEWER PROJECT
HOUSING PROGRAMS
AIRPORT HANGER
LEASE
SUSTAINABLE WORKS
GREEN TEAM
WATER REBATES
CLOVERFIELD
SOUNDW ALL
1-1: Modification to agreements for sewer Project 13 -
recommendation to authorize the City Manager to negotiate and execute an
amendment to Contract No. 7892 (CCS), in the amount of$125,050, with
Preussag Pipe Rehabilitation, Inc., and to Contract No. 7893 (CCS), in the
amount of $88,950, with Tetra Tech Inc., for construction of sanitary
sewers in the area bounded by Pico Blvd., 4th Street, Ocean Park Blvd. and
the Easterly City limits, was approved.
1-1: Establishment of new maximum allowable rents and purchase
prices for the Inclusionary Housing Program and Affordable Housing
Production Program - recommendation to adopt Resolution No. 9795
(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
ESTABLISHING MAXIMUM ALLOWABLE RENTS AND PURCHASE
PRICES FOR INCLUSIONARY HOUSING UNITS DEVELOPED
UNDER THE INCLUSIONARY HOUSING PROGRAM"; and, Resolution
No. 9796 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA
MONICA ESTABLISHING MAXIMUM ALLOWABLE RENTS AND
PURCHASE PRICES FOR ON-SITE AND OFF-SITE AFFORDABLE
UNITS DEVELOPED UNDER THE CITY'S AFFORDABLE HOUSING
PRODUCTION PROGRAM.," was approved.
1-K: Modification to lease for hanger and ramp space at Santa
Monica Airport - recommendation to authorize the City Manager to
negotiate and execute a modification to Lease Agreement No. 7009(CCS)
with Bill's Airplane and Repair, Inc. for the lease of hanger and ramp space
at 3147 Donald Douglas Loop South at the Santa Monica Airport, was
approved.
1-L: Fiscal management contract for the Sustainable Works/Green
Team Project - recommendation to authorize City Manager to negotiate
and execute Contract No. 8143 (CCS) with Community Partners, in the
amount of$150,000, to provide fiscal management of the Sustainable
W orks/Green Team Project, was approved.
1-M: New rebate programs for water efficient devices -
recommendation to. authorize the City Manager to negotiate and execute
Contract Nos. 8144 and 8145 (CCS) with Metropolitan Water District of
Southern California to establish new rebate programs for water efficient
devices, was approved.
Councilmember Bloom state he removed this matter from the Consent
Calendar to ask questions of staff based on comments made by members of
the public.
3
September 10,2002
Counci/member 0 'Connor
arrived at 6: 1 0 p. m.
CLOSED SESSIONS:
SPECIAL ITEMS:
MTA OPERATIONS
Counci/member Holbrook
arrived at 7: 15 p. m.
RECOGNITION OF
EMPLOYEE
ORDINANCES:
MAIN LIBRARY BONDS
Counci/member Genser
arrived at 7:29 p. m.
1-H: Construction contracts and increase to contingency for
Cloverfield Soundwall Project - recommendation to authorize the City
Manager to negotiate and execute Contract No. 8141 (CCS) with Peterson-
Chase, in the amount $687,025, for construction of the Cloverfield
Soundwall Project; Contract No. 8142 (CCS) with CALTROP, in the
amount of$143,000, for construction management services; and an
amendment to Contract No. 7844 (CCS), in the amount of$25,000, with W.
Koo & Associates, was presented.
Staff answered questions of Council. Discussion ensued regarding area
covered by the soundwall.
Motion by Mayor Pro Tem McKeown. seconded by Councilmember Bloom,
to approve recommendation and direct staff to investigate other parts of the
City that are affected and not covered by the soundwall. The motion was
approved by the following vote:
AYES:
Councilmembers O'Connor, Bloom, Katz, Mayor Pro Tem
McKeown, Mayor Feinstein
None
Councilmembers Holbrook, Genser
NOES:
ABSENT:
On order of the Mayor, the City Council recessed to hear closed sessions at
6:25 p.m., and reconvened at 7:13, with Councilmembers Holbrook and
Genser absent. On order ofthe Mayor, the City Council will reconvene to
closed sessions again after taking action on the remaining agenda items.
Action taken on closed sessions will be reported at the end ofthe meeting.
4-A: Presentation by Tracy Daly, Metro Westside/Central Service
Sector General Manager of the Metropolitan Transportation
Authority, regarding decentralization of the countywide bus
operations into five geographical service sectors, was held.
4-B: Recognition of Melodi Pearson, Records Management
Coordinator, in achieving the designation of Certified Municipal Clerk
from the International Institute of Municipal Clerks, was made by the
Mayor.
7-A: Introduction and adoption of Ordinance No. 2051 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
SETTING FY 2002-03 TAX RATE FOR 1990 AND 2002 MAIN
LIBRARY GENERAL OBLIGATION BONDS," was presented~
4
September 10,2002
STAFF ADMIN. ITEMS:
CIVIC CENTER
PARKING STRUCTURE
WESTSIDE COUNCIL
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
adopt ordinance, reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom,
Genser, Katz, Mayor Pro Tem McKeown, Mayor
Feinstein
None
None
NOES:
ABSENT:
8-A: Approval of conceptual design plan for the proposed Civic
Center Parking Structure and authorization to staff to proceed with
schematic design and public review process, was presented.
Motion by Councilmember Bloom. seconded by Councilmember Katz, to
approve the project in concept, that staff consider all the comments made
during the discussion, and authorize staff to proceed with the schematic
design and public review process. The motion was approved by the
following vote:
AYES:
Councilmembers Katz, Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tem McKeown, Mayor Feinstein
None
None.
NOES:
ABSENT:
8-B: Recommendation to adopt Resolution No. 9797 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA TO APPROVE,
IN CONCEPT, THE FORMATION OF WESTSIDE COUNCIL OF
GOVERNMENTS INCLUDING BEVERL Y HILLS, CULVER CITY,
SANTA MONICA, AND WEST HOLL YWOOD," was presented.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tem
McKeoID1, 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, Katz,
Mayor Pro Tem McKeown, Mayor Feinstein
None
None
NOES:
ABSENT:
5
September 10,2002
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE
COUNCIL ITEMS:
COMMISSION ON
OLDER AMERICANS
II-A: Recommendation to adopt Resolution No. 9798 (CCS) entitled:
"A RESOLUTION OF THE CITY OF SANTA MONICA MODIFYING
PREFERENTIAL PARKING ZONE KK (17TH STREET BETWEEN
COLORADO AND SANTA MONICA; 18TIi STREET BETWEEN
COLORADO AND BROADWAY) ENLARGING IT TO BE BOUNDED
BY SANTA MONICA BOULEVARD, 19TH STREET, COLORADO
AVENUE, AND 14TH STREET, ELIMINATING PREFERENTIAL
PARKING ZONE Y, AND AMENDING RESOLUTION 9344 (CCS) BY
REPLACING EXHIBIT A," was presented.
The following members of the public spoke in support of the
recommendation: Cornelius O'Neill, Robert Leake, Marina Gregory, Mike
Quinn, and Cameron Quinn.
The following members of the public spoke in opposition to the
recommendation: Jeanette Ryan, David Heston, and Susan Dickinson,
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
adopt the resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES
Councilmember Genser, Bloom, O'Connor, Holbrook
Mayor Pro Tem McKeown, Mayor Feinstein
Councilmember Katz
None
NOES:
ABSEN
Councilmember Katz stated, for the record, that he voted in opposition for
the reasons he stated earlier, mainly that preferential parking is not the
answer and is not going to resolve the residents' problems, but aggravate the
whole situation, including the problem between businesses and residential.
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 ofthe Mayor, the floor was opened for nominations,
Councilmember Bloom nominated the two incumbents Melva Heinsohn and
Jane Sure. There being no other nominations, the two incumbents were
appointed by acclamation.
On order of the Mayor, the remaining two vacancies were continued to
October 8, 2002.
6
September 10, 2002
LANDMARKS
COMMISSION
13-B: Appointment to one special vacancy on the Landmarks
Commission for a term ending June 30, 2004.
On order of the Mayor, this item was continued to October 22,2002.
PERSONNEL BOARD
13-C: Appointment to one special vacancy on the Personnel Board for
a term ending June 30, 2004.
On order of the Mayor, this item was continued to September 24,2002.
BLDG. & SAFETY
13-D: Appointment to one 2001 annual vacancy on the Building &
Safety Commission for a term ending June 30, 2005.
On order of the Mayor, the floor was opened for nominations.
Councilmember Katz nominated Michael Ishler. There being no other
nominations, Mr. Ishler was appointed by acclamation with all
Councilmembers present.
HOUSING COMMISSION 13-E: Appointment to one special vacancy on the Housing
Commission for a term ending June 30, 2003.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem McKeown nominated Allan Tainsky. There being no other
nominations, Mr. Tainsky was appointed by acclamation.
ARB
13:F: Appointment to two annual vacancies on the Architectural
Review Board for terms ending June 30, 2006.
On order of the Mayor, the floor was opened for nominations.
Councilmember Genser nominated Rodolfo Alvarez. Councilmember
Holbrook nominated William Adams. Mr. Alvarez was appointed by the
following vote:
Mr. Alvarez: Councilmembers O'Connor, Bloom, Genser, Mayor
Pro Tem McKeown, Mayor Feinstein
Mr. Adams: Councilmembers Holbrook, Katz
7 September 10,2002
Councilmember Katz nominated William Adams. Councilmembers Genser
nominated Tania Fischer. Mr. Adams was appointed by the following vote:
Mr. Adams:
Councilmembers Holbrook, O'Connor, Katz, Mayor
Feinstein
Councilmembers Bloom, Genser, Mayor Pro Tem
McKeown
Ms. Fisher:
Councilmember Bloom requested to change his vote to Mr. Adams changing
the final vote to:
Mr. Adams:
Councilmembers Holbrook, O'Connor, Katz, Bloom
Mayor Feinstein
Councilmembers Genser, Mayor Pro Tem McKeown
Ms. Fisher:
DISABILITIES
COMMISSION
13-G: Initial appointments to eleven seats on the Disabilities
Commission (with two terms ending June 30, 2003, three terms ending
June 30, 2004, three terms ending June 30, 2005, and three terms
ending June 30, 2006) and appointment of Council staff liaison was
presented.
The following members of the public spoke in support of the
recommendation: Pro Se, Richard Hilton, Joseph Paolucci, Jennie Scheer,
Ubi Warren, Jerry Rubin.
On order of the Mayor, Councilmembers stated their nominees for the
selection of 11 members. The nominees, and the vote for each nominee,
were as follows:
Nominee
Carol Agate
Christopher Arroyo
Elizabeth Bancroft
Amy Boersma
Elizabeth Bogen
Samuel Genensky
Lynda Hall
Jonathan Harber
Richard Hilton
Peter Kazeminejad
Julie Klein
Votes
7
7
7
5
7
7
1
3
5
3
5
8
September 10,2002
STATUS OF WOMEN
COMMISSION
RESIGNATION
PUBLIC INPUT:
Councilmember Genser was
excused at 10:15 p.m.
CLOSED SESSIONS
Councilmember Katz was
excused at 10:35 p.m.
Christopher Knauf
Nanci Linke-Ellis
Audrey Parker
Kecia Weller
7
2
7
4
Based on the above vote, the 11 nominees that received a majority vote
were thereby appointed to the Disability Commission with the consensus
that the appointees will determine their own terms by lot at their initial
organizational meeting, with the exception of Ms. Weller who requested an
initial one-year term.
Discussion ensued as to the appointment of Council Liaisons to the new
Commission. It was the consensus of Council to appoint temporary liaisons.
Mayor Feinstein and Councilmember Katz volunteered for the temporary
positions, and there being no other volunteers, were appointed.
13-H: Appointment to one special vacancy on the Commission on the
Status of Women for a term ending June 30, 2003.
On order of the Mayor, this matter was continued to September 24,2002.
13-1: Acceptance of Margot Alofsin's letter of resignation from the
Landmarks Commission, and recommendation to authorize the City
Clerk to publish the vacancy.
Member ofthe public Jerry Rubin expressed his appreciation for Ms.
Alofsin's work.
Motion by Councilmember O'Connor. seconded by Mayor Pro Tem
McKeo~ to accept letter with regrets and authorize the publishing ofthe
vacancy. The motion was approved by voice vote with all members present.
Councilmember Genser stated that due to a potential conflict of interest with
one of the speakers, he was leaving the dais.
Member of the public Brian Hutchings expressed concern regarding the
election process. Member ofthe public Rob McMullan spoke in support of
installation of Sprint antennas in the public right-of-way.
On order of the Mayor, the City Council recessed to continue discussion of
closed sessions at 10:23 p.rn., and reconvened at 10:50 p.m., with
Councilmember Katz absent, to report the following action taken:
9
September 10,2002
2-A: Conference with Legal Counsel- Existing Litigation: John Biel
v. City of Santa Monica. et al., Case No. SC 064 724.
ACTION
Heard. No reportable action taken.
2-B: Conference with Legal Counsel- Existing Litigation: Kenneth
Ward v. City of Santa Monica, Case No. SC 066122.
Motion by Councilmember Bloom. seconded by Councilmember O'Connor,
to approve s settlement in the amount of$27,500. The motion was
approved by the following vote:
AYES:
Councilmembers Bloom, O'Connor, Holbrook, Mayor Pro
Tem McKeown, Mayor Feinstein
None
Councilmember Genser
Councilmember Katz
NOES:
ABSTAIN:
ABSENT:
2-C: Conference with Legal Counsel- Existing Litigation: In re:
Adelphia Communications Corporation. et al., Case No. 02-41729.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., Case No. 01CC04331.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation:
De{lartment of Water and Power. ex reI. Armenta v. James Jones
Company. et al., Case No. BC 173487.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: Scott
Blagman v. City of Santa Monica, Case No. BC 260129.
Motion by Councilmember Bloom. seconded by Councilmember O'Connor,
to approve settlement in the amount of$135,000. The motion was
approved by the following vote:
10
September 10, 2002
ADJOURNMENT:
AYES:
Councilmembers Genser, Bloom, O'Connor, Mayor Pro Tem
McKeown, Mayor Feinstein
Councilmember Holbrook
Councilmember Katz
NOES:
ABSENT
Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Three.
ACTION:
Two cases heard. No reportable action taken on one case,
Motion by Councilmember Holbrook. seconded by Councilmember
O'Connor, to accept $160,000 award from McGuire Thomas mitigation
dispute. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tem McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT
2-H: Conference with Legal Counsel- Existing Litigation:
Volkswagen Santa Monica v. City of Santa Monica, Case No. SC 069
667.
Motion by Councilmember O'Connor. seconded bv Councilmember
Holbrook, to approve settlement in the amount of$187,500. The motion
was approved by the following vote:
NOES:
ABSENT
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tem McKeown, Mayor Feinstein
None
Councilmember Katz
On order of the Mayor, the City Council meeting was adjourned at 10:54
p.m. to September 24, 2002, in memory of John (Jack) G. Hinds, Jr.,
Margot Polkinghorn and all who lost their lives in the terrorist attacks of
September 11, 2001.
~k.~j
Maria M. Stewart
City Clerk
APPROiYED:
Micha61 Feinstein
Mayor
September 10, 2002