CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 17, 1997
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor O'Connor at 6:35 p.m., on Tuesday,
June 17, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pamela O'Connor
Mayor Pro Tem Robert T. Holbrook
Councilmember Ruth Ebner
(arrived at 6:49 p.m.)
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Paul Rosenstein
Absent: Councilmember Asha Greenberg
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Mayor Pro Tem Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
6. CONSENT CALENDAR: The Consent Calendar was presented,
whereby all items are considered and approved in one motion
unless removed from the calendar for discussion.
Member of the public Joey Fullmer addressed items on the
Consent Calendar.
At the request of Councilmember Genser, Item No. 6-I was
removed from the Consent Calendar. At the request of
Councilmember Rosenstein, Item No. 6-H was removed from the
Consent Calendar.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Genser, to approve the Consent Calendar, with the exception of
Item Nos. 6-H and 6-I, reading resolutions and ordinances by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein,
Mayor Pro Tem Holbrook,
Mayor O'Connor
Noes: None
Absent: Councilmembers Ebner, Greenberg
6-A: AWARD OF BID/DUMP TRUCK: Bid No. 2623 was awarded to
Boerner Truck Center, in the total amount of $140,613.07, to
furnish and deliver one new all wheel drive 6x6 dump truck for
the Beach Maintenance Division, Environmental and Public Works
Management Department.
Staff Report
6-B: AWARD OF BID/SEWER CLEANER: Bid No. 2624 was awarded to
Municipal Maintenance Equipment, in the total amount of
$203,305.14, to furnish and deliver one new sewer cleaner for
the Wastewater Division, Environmental and Public Works
Management Department.
Staff Report
6-C: AWARD OF BID/SKIP LOADERS: Bid No. 2631 was awarded to
Eberhard Equipment Company, in the total amount of $76,004.45,
to furnish and deliver two new skip loaders for the Parks and
Sports Division, Community and Cultural Services Department.
Staff Report
6-D: AWARD OF BID/SWEEPERS: Bid No. 2630 was awarded to R.J.
Lison Co., in the amount of $57,298.88, to furnish and deliver
two new sweepers for the Street Sweeping Division,
Environmental and Public Works Management Department.
Staff Report
6-E: AWARD OF BID/AIR SWEEPER/MECHANICAL SWEEPER: Award of Bid
No. 2634 was split between GCS Western Power & Equipment for
one air sweeper, in the total amount of $156,538, and Carde
Pacific Corp. for one mechanical sweeper, in the total amount
of $182,942.50, for the Street Sweeping Division, Environmental
and Public Works Management Department.
Staff Report
6-F: AWARD OF BID/TRUCK CHASSIS/ARTICULATING AERIAL DEVICE: Bid
No. 2627 was awarded to Altec Industries, in the total amount
of $109,499.21, to furnish and deliver one new 4x2 truck
chassis with a 55-foot articulating aerial device for the Tree
Maintenance Division, Community and Cultural Services
Department.
Staff Report
6-G: AWARD OF BID/DUMP TRUCK: Bid No. 2622 was awarded to
Carmenita Truck Sales, in the total amount of $110,555.72, to
furnish and deliver one new front loader dump truck for the
Water Division, Environmental and Public Works Management
Department.
Staff Report
6-J: FARMERS MARKET MAINTENANCE SERVICES: Competitive bidding
procedures were waived and the City Manager was authorized to
negotiate on the open market a three-year contract for Farmers'
Market maintenance Services beginning July 1, 1997.
Staff Report
6-K: PROJECT MODIFICATION/AMENDMENT TO PROFESSIONAL SERVICES
CONTRACT/MAIN STREET TRUNK SEWER MAIN REPAIRS/UPGRADING PACIFIC
COAST HIGHWAY SEWER MAIN/MOSS AVENUE PUMPING STATION/
MONITORING SYSTEM DESIGN PROJECT: An amendment to Contract No.
7216(CCS) was approved for project modification with Montgomery
Watson, Inc., in an amount not to exceed $156,400, for the
addition of the Main Street Trunk Sewer Main Repairs and
upgrading to the existing Pacific Coast Highway (PCH) Sewer
Main, Moss Avenue Pumping Station, and Monitoring System Design
Project.
Staff Report
6-L: LEASE MODIFICATION/TYPHOON RESTAURANT: Contract No.
6694(CCS) was approved with Typhoon Restaurant to allow for the
enclosure of the upper Skydeck space and the construction of
new public Skydeck improvements located at 3221 Donald Douglas
Loop South, Santa Monica Airport.
Staff Report
END OF CONSENT CALENDAR
6-H: LEASE AGREEMENT/GMAC/EV1 ELECTRIC CAR AND BATTERY CHARGER:
Councilmember Rosenstein asked questions of staff and suggested
that the words "Electric Vehicle" be placed on the vehicle.
Staff Report
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to approve Contract No. 6693(CCS), thereby approving
a three-year lease agreement, for a one-time total amount of
$15,941.58, with GMAC for an EV1 Electric car and battery
charger for the Transportation Department. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein,
Mayor Pro Tem Holbrook,
Mayor O'Connor
Noes: None
Absent: Councilmembers Ebner, Greenberg
Councilmember Ebner reported present at 6:49 p.m.
6-I: GRANT PROPOSAL/SIDE STREET PROJECTS/THERESIA ROSA KLEEMAN/
CAMERA OBSCURA/PALISADES PARK: Councilmember Genser advised
that he removed this item from the Consent Calendar in order to
highlight it and asked staff to give a brief oral report.
Staff Report
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to support the submission of a grant proposal by
Side Street Projects and artist Theresia Rosa Kleeman to
restore the Camera Obscura in Palisades Park. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein,
Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmember Greenberg
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Ebner, to hear Item No. 13-A out of order. The motion failed
by voice vote.
8-A: ORDINANCE/NUISANCE ABATEMENT: Presented for introduction
and first reading was an ordinance amending Chapter 8.12 of the
Santa Monica Municipal Code, governing nuisance abatement, by
adding and clarifying remedies, streamlining procedures and
modifying notice requirements to expressly authorize the
Nuisance Abatement Board to impose conditions upon businesses
which are found by it to be operated as public nuisances, to
establish a special procedure for the abatement and removal of
abandoned, wrecked, dismantled or inoperative vehicles or parts
found to be public nuisances, and to provide for the collection
of attorney's fees by the prevailing party in nuisance
abatement proceedings.
Staff Report
On order of the Mayor, the public hearing was opened.
Member of the public Joey Fullmer expressed her concerns.
There being no further speakers, the Mayor closed the public
hearing.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING CHAPTER 8.12 OF THE SANTA MONICA MUNICIPAL
CODE, GOVERNING NUISANCE ABATEMENT, BY ADDING AND CLARIFYING
REMEDIES, STREAMLINING PROCEDURES, AND MODIFYING NOTICE
REQUIREMENTS," reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Genser,
Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmember Greenberg
9-A: FINAL DESIGN/SOUTH BEACH IMPROVEMENTS/PHASE II/PALISADES
PARK IMPROVEMENTS/BEACH IMPROVEMENT GROUP PROJECT:
Staff Report
Councilmember Genser advised that he has a potential conflict
of interest on the Palisades portion of this project. Upon
advice of the City Attorney, Councilmember Genser will remain
for the staff presentation and public hearing; however, he will
refrain from asking any questions or participating in any
discussion, and will leave the dais, on the portion regarding
Palisades Park.
Mayor Pro Tem Holbrook advised that he has a similar conflict
relating to Palisades Park and will take the same actions as
Councilmember Genser.
Presented was the staff report recommending approval of the
Final Design of the South Beach Improvements and Phase II of
Palisades Park Improvements of the Beach Improvement Group
(B.I.G.) Project, consideration of design options for the
restrooms in Palisades Park, and authorization for the City
Manager to negotiate and execute an amendment to the contract
with Wallace, Roberts and Todd, in an amount not to exceed
$325,000 for design and construction documents.
On order of the Mayor, the public hearing was opened.
Member of the public Joey Fullmer expressed her concerns.
Members of the public Ellen Brennan, S. Whittle, Thomas Ray,
and Tom Lackey urged Council to reconsider the proposed
expansion of the area around the Chess Park.
Member of the public Susan Henderson spoke in support of the
project, but expressed concern with trees and the proposed
benches.
Member of the public Mark Rosenberg spoke in support of the
proposal relating to the Chess Park.
Member of the public Mike Cates spoke in support of the
proposal.
Member of the public Paula Boelsems spoke in support of the
playground at the beach; however, expressed concern with some
of the equipment, the size of the playground, and the
amenities.
Member of the public Stephanie Barbanell discussed the need for
protection of quality of life for nearby neighbors and made
suggestions for mitigation measures.
Member of the public Thomas Scully spoke in opposition to the
design of the proposed Veterans Memorial.
Member of the public Armand Tanny suggested the inclusion of an
outdoor weight training facility.
Member of the public Russ Saunders suggested hiring a
caretaker/instructor for Muscle Beach.
There being no further speakers, the Mayor closed the public
hearing.
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, to approve staff's recommendation with regard to
the final design of the South Beach Improvements of the Beach
Improvement Group Project, including the modification that
larger trees be planted in areas which may impact residents'
views, as the budget permits.
Motion by Councilmember Rosenstein, accepted as friendly, to
amend the motion to ask staff to report back to Council on the
process for renaming the area presently designated as the
Promenade.
Motion by Councilmember Feinstein, accepted as friendly, to
amend the motion to include direction to staff to review the
process of consultation with the police department about the
operating hours of the Chess Park and report back to Council.
The motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein,
Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmember Greenberg
Councilmember Genser and Mayor Pro Tem Holbrook excused
themselves from the meeting at 9:00 p.m., due to potential
conflicts of interest in the area of Palisades Park.
Motion by Councilmember Feinstein, seconded by Councilmember
Rosenstein, to approve the final design for Palisades Park,
Phase II of the Beach Improvement Group Project, with the
stipulation that the issue of skating access lost by approving
this plan will be revisited.
Motion by Councilmember Rosenstein, accepted as friendly, to
amend the motion to ask staff to return some time in the future
with a plan for financing a change of the walkway in Phase I to
decomposed granite over the next couple of years so that it
will be consistent with the decomposed granite in Phase II.
Motion by Councilmember Rosenstein, accepted as friendly, to
amend the motion to ask staff to investigate the cost of
installing a few more drinking fountains in Phase I.
The motion, as amended, failed by the following vote:
Ayes: Councilmembers Feinstein, Rosenstein, Mayor
O'Connor
Noes: Councilmember Ebner
Absent: Councilmember Greenberg, Genser, Mayor Pro Tem
Holbrook
Motion by Councilmember Ebner to approve the final design for
Palisades Park, Phase II of the Beach Improvement Group
Project, with the proviso that there be some agreement with the
veterans for the design of the Veterans' Memorial. The motion
was seconded by Councilmember Feinstein with the understanding
that staff be directed to return to Council with options in
response to his concerns relating to the issue of skating
access lost by approving this plan whereby Council would
examine the issue in June, and if it chooses to proceed, a
separate agenda item will be added, with public notice.
Motion by Councilmember Rosenstein, accepted as friendly, to
amend the motion to ask staff to return some time in the future
with a plan for financing a change of the walkway in Phase I to
decomposed granite over the next couple of years so that it
will be consistent with the decomposed granite in Phase II and
ask staff to investigate the cost of installing a few more
drinking fountains in Phase I.
The motion, as amended, was approved by the following vote:
Ayes: Councilmembers Feinstein, Rosenstein, Ebner,
Mayor O'Connor
Noes: None
Absent: Councilmember Greenberg, Genser, Mayor Pro Tem
Holbrook
Motion by Councilmember Feinstein, seconded by Councilmember
Ebner, to authorize the City Manager to negotiate and execute
an amendment to the contract with Wallace, Roberts & Todd for
the design and preparation of Construction Documents for the
Expanded Scope of the Project in an amount not to exceed
$325,000. The motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Rosenstein, Ebner,
Mayor O'Connor
Noes: None
Absent: Councilmember Greenberg, Genser, Mayor Pro Tem
Holbrook
On order of the Mayor, the City Council recessed at 9:48 p.m.,
and reconvened at 10:16 p.m., with Councilmember Greenberg
absent.
9-B: FINAL DESIGN/MILES PLAYHOUSE: Presented was the staff
report recommending approval of the Final Design of Miles
Playhouse and authorization for the City Manager to amend the
contract with The John Ash Group, in an amount not to exceed
$10,000, to include the design of relocating the utility boxes.
Staff Report
On order of the Mayor, the public hearing was opened. There
being no one wishing to speak, the public hearing was closed.
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to approve the Final Design of Miles Playhouse and
authorize the City Manager to amend the contract with The John
Ash Group, in an amount not to exceed $10,000, to include the
design of relocating the utility boxes. The motion was
approved by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Genser,
Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmember Greenberg
9-C: NEIGHBORHOOD SUPPORT CENTER/NEIGHBORHOOD ASSOCIATION
MODEL: Presented was the staff report recommending that Council
receive public comment and hold discussion in preparation of
Council action on June 24, 1997, regarding City support of the
Neighborhood Support Center (NSC) and Neighborhood Association
Model.
Staff Report
On order of the Mayor, the public hearing was opened.
Members of the public Ed Muzika, Russell Bennett, Marian
Blount, Conrad Mellili, and Dave Paley spoke in opposition to
funding the NSC.
Members of the public Susan Henderson and Edward Castillo spoke
in support of the staff recommendation, with modifications.
Members of the public Sylvia Shniad, Janina Krupa, and Elina
Olaque proposed that the City directly fund the individual
neighborhood organizations.
Member of the public Hannah Heineman spoke in support of de-
funding the NSC.
Member of the public Kevin McKeown spoke in support of funding
for the current NSC until a new model can be developed.
Councilmember Ebner excused herself from the meeting at 10:49
p.m.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to continue the meeting past 11:00 p.m. The motion
was unanimously approved by voice vote, Councilmembers Ebner
and Greenberg absent.
Members of the public Peter Tigler, Clyde Smith, Omar Ellis,
and Robert Wright spoke in support of the staff recommendation.
Members of the public Mary Booth and Marcial Silva spoke in
opposition to de-funding the NSC.
Member of the public Lupe Castro spoke in support of the
proposal put forth by the NSC.
Member of the public Jerry Cipriano acknowledged the need for a
public forum but questioned the necessity of permanent
neighborhood groups.
There being no further speakers, the Mayor closed the public
hearing.
Council discussion was held and the remainder of the item was
continued to the budget meeting of June 24, 1997.
10-A: ALTERNATIVES/REDUCING FINANCIAL IMPACT ON NON-PROFIT
ORGANIZATIONS/FY 1995-96 STREET RESURFACING PROGRAM: Presented
was the staff report recommending consideration of alternatives
for reducing financial impact on non-profit organizations from
the FY 1995-96 Street Resurfacing Program; holding a public
hearing to receive public input from affected property owners;
and, adoption of a resolution confirming the assessment costs
for the FY 1995-96 Annual Street Resurfacing Program and
Appurtenant Work on various City streets including the
assessment of non-profit organizations.
Staff Report
On order of the Mayor, the public hearing was opened.
Members of the public Amy Sausser, Louise Dobbs, Fred Whitlock,
Sandie Richards, Franceye Smith, Beth Leder-Pack, and Judy Abdo
spoke in support of the staff recommendation to waive
assessments for non-profit organizations.
There being no one else wishing to speak, the Mayor closed the
public hearing.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to adopt Resolution No. 9148(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE ASSESSMENT MAP (DIAGRAM) AND CONFIRMING ASSESSED
COSTS FOR CONCRETE GUTTER CONSTRUCTION, STREET RESURFACING AND
THE REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS, AND THE
REMOVAL OF DAMAGED PARKWAY PAVINGS AND APPURTENANT WORK ON
VARIOUS CITY STREETS IN CONJUNCTION WITH THE FY 1995-96 STREET
RESURFACING PROGRAM," reading by title only and waiving further
reading thereof, with a full waiver of assessment costs to
eligible non-profits, and with the City making the contribution
which would represent the cost that would otherwise have been
paid by the non-profits. The motion was approved by the
following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmembers Ebner, Greenberg
13-A: TERRY ANN RETZINGER/OPPOSITION TO PROJECT/708 PICO: Ms.
Retzinger presented a petition signed by residents of the
neighborhood in opposition to a proposed structure at 708 Pico
Boulevard.
Member of the public Sheila Graein spoke in opposition to the
708 Pico project.
Member of the public Beth Leder-Pack spoke in support of the
708 Pico project.
The information was received and filed.
13-B: LILLIBETH NAVARRO/IN-HOME SUPPORTIVE SERVICES/FUNDING/
PROPOSED EDUCATIONAL TRAINING/RECIPIENTS AND PROVIDERS:
Presented was the request of Lillibeth Navarro, In-Home
Supportive Services, regarding funding for proposed educational
training of recipients and providers for In-Home Supportive
Services.
Members of the public Daniel Cohen, Armentres Ramsay, and Bert
MacLeech spoke in support of funding for proposed educational
training of recipients and providers of In-Home Supportive
Services.
The information was received and filed.
13-C: WILLIAM DAVIDS/ISSUES FACING TENANTS/220 SAN VICENTE/DUE
TO 1994 EMERGENCY EARTHQUAKE ORDINANCE: Presented was the
request of William Davids regarding issues facing tenants at
220 San Vicente Boulevard due to the 1994 Emergency Earthquake
Ordinance.
The information was received and filed.
13-D: FORREST FREED/LATINO RESOURCE ORGANIZATION/CONTINUED
FUNDING:
Members of the public Mel Risher, Joseph Soto, Irma O'Campo,
and Martha Soto spoke in support of the funding of a new entity
to allow for the continuation of the creation and development
of special new and unique services for the low-income residents
of Santa Monica.
The information was received and filed.
14-A: USE OF COUNCIL CHAMBERS/CALIFORNIA STATE LANDS
COMMISSION: Presented was the request of Mayor O'Connor to
approve the use of the Council Chambers by the California State
Lands Commission to hold a public meeting on Friday, July 11,
1997, and to waive the customary charges for use of the room.
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to approve the use of the Council Chambers by the
California State Lands Commission to hold a public meeting on
Friday, July 11, 1997, and to waive the customary charges for
use of the room. The motion was unanimously approved by voice
vote, Councilmembers Ebner and Greenberg absent.
15: PUBLIC INPUT: Member of the public Brian Hutchings asked
for Council assistance in having President Clinton help with
the situation in North Korea.
Members of the public Jean Gebman and Sheila Gebman encouraged
Council to consider funding for new band uniforms for the
marching band at Santa Monica High School.
Member of the public Robert Wright addressed Council concerning
the closing time of the Farmers' Market.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to add an item to Closed Session pertaining to the
Miskey v. City of Santa Monica lawsuit received by the City
after the agenda was prepared. The motion was unanimously
approved by voice vote, Councilmembers Ebner and Greenberg
absent.
16: CLOSED SESSION: At 1:30 a.m., Council recessed to Closed
Session.
16-A: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Mobil Oil,
Case No. SC045788.
ACTION: Heard. No action taken.
16-B: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Ring Trading Corp. v. City of Santa
Monica, Case No. BC172044.
ACTION: Heard. No action taken.
16-C: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Miriam Zhito v. City of Santa Monica,
Case No. SC045124.
ACTION: Not heard.
16-D: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Cindy Luff v. City of Santa Monica,
Case No. SC041742.
ACTION: Not heard.
16-E: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Walther,
SC043522.
ACTION: Not heard.
16-F: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Anticipated Litigation: One Case.
ACTION: Heard. No action taken.
16-G: CLOSED SESSION/CONFERENCE WITH LABOR NEGOTIATOR:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Administrative Team Associates (ATA)
Executive Pay Plan (EPP)
Legal Support Staff Association of
Santa Monica (LSSASM)
Management Team Associates (MTA)
Municipal Employees Association
(MEA)
Public Attorneys Union (PAU)
Santa Monica Firefighters Local 1109
(SMFFA)
Santa Monica Police Officers
Association (SMPOA)
Supervisor Team Associates (STA)
United Transportation Union (UTU)
ACTION: Not heard.
16-H: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Meskey v. City of Santa Monica, Case
No. CV 97-4325..
ACTION: Heard. No action taken.
ADJOURNMENT: At 2:35 a.m., the meeting was adjourned to June
24, 1997, at 6:30 p.m., in memory of Kathleen Peterson, Paul
Wohlers, Justin Zane, Thomas Mainville, Monica Patterson, and
John Rodriquez.
ATTEST: APPROVED:
Maria M. Stewart Pamela O'Connor
City Clerk Mayor