CITY OF SANTA MONICA

CITY COUNCIL MINUTES

SEPTEMBER 12, 2000

A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:40 p.m., on Tuesday, September 12, 2000, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Ken Genser

Mayor Pro Tem Pam O'Connor

Councilmember Richard Bloom

Councilmember Michael Feinstein

Councilmember Robert T. Holbrook (Arrived at 7:05 p.m.)

Councilmember Kevin McKeown

Councilmember Paul Rosenstein

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

On order of the Mayor the City Council reconvened at 6:44 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance. Thereafter, the Mayor recessed to a joint meeting with the Redevelopment Agency.

At 6:45 p.m., on order of the Mayor, a Special Joint Meeting of the City Council and the Redevelopment Agency was convened.

4-A: RA-1 - Approval of minutes for the October 26, November 16, and December 14, 1999, Redevelopment Agency meetings; and January 11, January 18, February 8, February 22, March 7, March 28, April 4, and April 11, 2000, Redevelopment Agency meetings.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve the minutes, as submitted. The minutes were unanimously approved by voice vote, with Councilmember Holbrook absent.

4-B: CC/RA-1 - Contract amendments for additional architectural and engineering services, and for crosswalk enhancement development and design services for the Virginia Avenue Expansion Project; approval of reimbursement agreement between the City and the Redevelopment Agency - recommendation for the City Council to authorize the City Manager to execute an amendment to Contract No. 6830 (CCS) with Takata Associates, in the amount of $917,268 for a total not to exceed $1,357,268, for additional architectural and engineering services for the project; execute an amendment to Contract No. 7354 (CCS) with Katz, Okitsu & Associates, in the amount of $35,000 for a total not to exceed $479,865, to design crosswalk improvements adjacent to the project; and, authorize the City Manager and the Executive Director (respectively) to execute Reimbursement Agreement No. 7786 (CCS) between the City and the Redevelopment Agency for the project.

Motion by Councilmember McKeown, seconded by Councilmember Bloom, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook

On order of the Mayor, the Special Joint Meeting of the City Council and the Redevelopment Agency was adjourned and the regular City Council meeting was convened at 6:53 p.m., with Councilmember Holbrook absent.

The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.

At the request of the Mayor, Item 6-B was withdrawn from the Consent Calendar and continued to the next meeting.

On order of the Mayor, the matter was opened for public comment. Joey Fullmer expressed various concerns. Chuck Allord discussed various items.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to approve all items on the Consent Calendar except 6-B, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook.

6-A: Resolution No. 9566 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-B: Recommendation to authorize the City Manager to negotiate and execute a contract with Transportation Concepts, Inc., in the amount of $1.5 million over a three-year period, to provide curb-to-curb paratransit service and fixed route shuttle service.

ACTION: Continued to September 19, 2000.

6-C: Recommendation to adopt Resolution No. 9567 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA TO JOIN THE ARROYO SECO LIBRARY NETWORK AND TO AUTHORIZE THE CITY MANAGER AND THE CITY LIBRARIAN TO SIGN THE MEMBERSHIP APPLICATION FORM," was adopted.

6-D: Resolution No. 9568 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA RELEASING FUNDS AVAILABLE UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT TO THE COUNTY OF LOS ANGELES TO BE USED FOR THE PURPOSE OF HIRING A DEPUTY DISTRICT ATTORNEY FOR INTERVENTION FOR CHRONIC TRUANTS IN THE CITY OF SANTA MONICA," was adopted.

6-E: Resolution No. 9569 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING HARVEST HOME TO CONDUCT THE 23RD ANNUAL CHRISTMAS RUN VENICE-MARINE 5/10K RUN ON DECEMBER 16, 2000, ON A ROUTE OTHER THAN THE OFFICIAL CITY ROUTES AND WAIVING THE RACE FEE," was adopted.

6-F: Contracts for project management, survey, and design services for the Crosswalk Enhancement Program, Broadway Improvement Project, 4th Street Traffic Plan, and a landscaped median - recommendation to authorize the City Manager to negotiate and execute Contract No. 7787 (CCS) with CBM Consulting, Inc., in the amount of $331,770, for project management and survey services for the design and construction of Phase II of the Crosswalk Enhancement Program and the Broadway Improvement Project; and to negotiate and execute Contract NO. 7788 (CCS) with DMR Team, Inc., in the amount of $173,185, to provide management services for design and construction of the 4th Street Traffic Plan between Pico Boulevard and the south City limits, and for a landscaped median on Colorado Avenue, between Stewart Street and Centinela Avenue, was approved.

6-G: Contract for provision of design and engineering services for the City's Park Buildings Replacement Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 7789 (CCS) with Daly Genik Architects, in the amount of $464,000, for design and architecture services for the project, was approved.

6-H: Contract amendment for provision of management services for the City's Capital Improvement Program Project for Fiscal Year 2000-2001 - recommendation to authorize the City Manager to negotiate and execute a second amendment to Contract No. 7428 (CCS) with Daniel, Mann, Johnson, & Mendenhall, in the amount of $562,600, to provide management services for the CIP Project, was approved.

6-I: Contracts for management and inspection services and for repair of earthquake-damaged sanitary sewer mains in the area bounded by the easterly City limits of Pico Boulevard, Appian Way, and Colorado Avenue - recommendation to authorize the City Manager to negotiate and execute Contract No. 7790 (CCS) with Preussag Pipe Rehabilitation, Inc., in the amount of $1,904,724.75, to repair sanitary sewer mains; and to negotiate and execute Contract No. 7791 (CCS) with ASL Consulting Engineers, in the amount of $488,928, to provide construction management and inspection services for the project, was approved.

6-J: Approval of lease for office space for the City's Transportation Management/Parking Operations and for the Parking Citation Hearing Office - recommendation to authorize the City Manager to negotiate and execute a ten-year Lease No. 7792 (CCS) with Equity Office, to lease office space for city operations, was approved.

6-K: Contract for provision of environmental services at various locations in the City -recommendation to authorize the City Manager to negotiate and execute Contract No. 7793 (CCS) with Arthur D. Little, Inc., in the amount of $2,207,233, to provide environmental investigation and remediation services at the Airport, Transportation Yard, and the City Yard, was approved.

6-L: Purchase of office work space furnishings for the Human Services Division - recommendation to authorize the City Manager to award a purchase order to Knoll, Inc., in the amount of $42,194.38, to furnish, deliver and install work space furnishings for the Human Services Division, was approved.

6-M: Agreement for provision of a used temporary liquid natural gas fueling station for the Big Blue Bus - recommendation to authorize the City Manager to negotiate and execute Contract No. 7794 (CCS) with Applied LNG Technologies, in the amount of $197,000, to provide a used temporary liquid natural gas fueling station.

6-N: Award of bid to purchase one full size sedan for the Police Department - recommendation to award Bid No. 2804 to Buerge Motor Car Company, in the amount of $29,768.75, to furnish and deliver one full size sedan for the Police Department, was approved.

8-A: Ordinance No. 1985 (CCS) entitled: "AN ORDINANCE FOR FIRST READING AND ADOPTION SETTING THE 2000-01 TAX RATE FOR THE 1990 MAIN LIBRARY IMPROVEMENTS PROJECT GENERAL OBLIGATION BONDS," was presented.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to introduce and adopt ordinance, reading by title only, and waiving further reading thereof.

8-B: Resolution No. 9570 (CCS) entitled: "A RESOLUTION OF INTENTION OF THE CITY OF SANTA MONICA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF SANTA MONICA;" and an ordinance for introduction and first reading entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT BETWEEN PERS AND THE CITY," were presented.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: Councilmember Holbrook

Councilmember Holbrook arrived at 7:05 p.m.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to introduce and hold first reading of the ordinance, reading by title only, and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

8-C: Introduction and adoption of Ordinance No. 1986 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING INTERIM ORDINANCE 1982(CCS) AMENDING THE MUNICIPAL CODE SECTION 6.14.040(D) AND MODIFYING THE DEVELOPMENT STANDARDS IN THE RESIDENTIAL VISITOR-SERVING COMMERCIAL DISTRICT (RVC) TO ALLOW FORTUNETELLING AS A PERMITTED USE ON OCEAN FRONT WALK WITHIN THE RVC DISTRICT; AND, DECLARING THE PRESENCE OF AN EMERGENCY," was presented.

Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to introduce and adopt the ordinance, readying by title only, and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

9-A: Recommendation to hear presentation on the Economic Analysis of Santa Monica Living Wage Proposal.

Dr. Pollin, of the Political Economy Research Institute of the University of Massachusetts-Amherst, and principal author of the Economic Analysis of Santa Monica Living Wage Proposal (aka The Pollin Report), provided a detailed review of the proposal.

The following members of the public expressed various professional opinions regarding the conclusions reached in the Pollin Report: Dr. David Newmark, Professor of Economics at Michigan State University; Thomas R. Larmore, representing the Chamber of Commerce; and Dr. Rick Sander, Law Professor at UCLA.

The following members of the public expressed their opinion on the report:

Joey Fullmer Jerry Rubin Karen Bauer

Jean-McNeil Wyner Dan Eliot Dan Ehrler

Sandie Richards Vivian Rothstein Joaquin Plata

Celia Talavera Edith Garcia Marilyn Goodman

Rita Lowenthal Patricia Hoffman Irene Zivi

Tony Palermo Patty Phillips Richard Drapkin

Philip Cummins James Sarantino Juan Viramontes

Paul Hartobagyi Klaus Mennehen Carlos Martinez

Jack Srebnik Mark Newbert Anthony Lardas

Ann Greenspun Ed Musika Bruria Finkel

Josephine Padilla Denny Zane Bill Martinez

Steve Ury Erika Zucker Kenneth Mason

George George Eileen Lipson Louise Jaffee

Bill Bronner Ann Hiller Carol Snider

Paul Dale Delores Press Tony Vasquez

Cameron Garcia Randy Walberger Jeff Kloche

Mary Ann Powell Dick Lawrence Betty Mueller

Stewart Resmer Mikke Pierson Ann Hoffman

Pam Vavra Brian Hutchings Bob Wachs

Mike Grunning Francisco Vasquez Len Doucette

Herb Astrow Mark Preston Jay Johnson

West Hooker Denise Schultzman

After considerable deliberations, and by consensus of Council, the information was received and filed. The Mayor announced that the Council would consider the information received and review the proposal again on Thursday, September 28, 2000.

10-A: Public hearing for the formation of street lighting assessment districts and recommendation to accept the certified results of the assessment election, adopt a resolution establishing the assessment districts on various city Streets, and order the work to begin.

On order of the Mayor, the public hearing was continued to September 26, 2000.

14-A: Appointments to two full terms on the Pier Restoration Corporation for terms ending November 10, 2003.

On order of the Mayor, this matter was continued to September 19, 2000.

14-B: Appointment to one unscheduled vacancy on the Planning Commission for a term ending June 30, 2002.

On order of the Mayor, this matter was continued to September 19, 2000.

Councilmember Holbrook was excused at 12:00 a.m.

14-C: Acceptance of resignation letter from Fay Kessler, Commission on Older Americans, and authorization for the City Clerk to publish vacancy.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Bloom, to accept the letter, with regrets. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

14-D: Rescind appointment of Kathleen Arndt to the Bayside District Corporation, and appointment to one annual vacancy on the Bayside District Corporation for a term ending June 30, 2004.

Motion by Councilmember Feinstein, seconded by Councilmember McKeown, to rescind appointment, due to a change of professional plans by Ms. Arndt. Motion unanimously approved by voice vote, with Councilmember Holbrook absent.

On order of the Mayor, reappointment to the vacancy was continued to September 19, 2000.

14-E: Acceptance of Stephen Frew's letter of resignation from the Landmarks Commission, and authorization for the City Clerk to publish vacancy.

Motion by Mayor Pro Tem O'Connor, seconded by Mayor Genser, to accept the letter, with regrets. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

Member of the public Tomas Lovejoy spoke in support of providing first-time warnings by the Police Departments before issuing a parking ticket.

16-A: Conference with Legal Counsel- Anticipated Litigation:

Number of cases: One.

ACTION: Not held.

On order of the Mayor, the City Council meeting was adjourned at 12:35 a.m., to September 19, 2000, in memory of John Moore and Clifton Lavell Smith.

ATTEST:

Maria M. Stewart, City Clerk

APPROVED:

Ken Genser, Mayor