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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