CITY OF SANTA MONICA

CITY COUNCIL MINUTES

JANUARY 9, 2001

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 6:15 p.m., on Tuesday, January 9, 2001, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Richard Bloom

Councilmember Pam O'Connor

Councilmember Ken Genser

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Herb Katz

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 6:15 p.m., and then adjourned to consider closed sessions. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council convened at 7:10 p.m., with all members present. Councilmember Genser led the assemblage in the Pledge of Allegiance.

Mayor Feinstein announced the following Council Liaison appointments to City Boards and Commissions:

Airport Commission Councilmembers Genser and Holbrook

ARB Councilmembers Katz and Genser

Arts Commission Councilmembers McKeown and O'Connor

Building & Safety Councilmember Katz

Commission/Older Americans Mayor Pro Tem Bloom

Commission/Status of Women To be announced.

Housing Commission Councilmember McKeown, Mayor Feinstein

Landmarks Commission Councilmember O'Connor

Library Board Councilmember O'Connor,

Mayor Pro Tem Bloom

Personnel Board To be announced.

Planning Commission Councilmember McKeown

Recreation & Parks Mayor Pro Tem Bloom,

Councilmember Holbrook

Social Services Commission Mayor Feinstein, Councilmember McKeown

Bayside District Mayor Feinstein

PRC Councilmembers Genser and Katz

SMC/SMMUSD Councilmember Katz,

Mayor Pro Tem Bloom

Convention & Visitors Councilmember Genser, Mayor Feinstein

Environmental Task Force Councilmember O'Connor, Mayor Feinstein

Motion by Councilmember Holbrook, seconded by Councilmember Genser, to reorder the agenda to hear Item 6, Consent Calendar first , with pulled items heard at a later date. This motion was unanimously approved by voice vote, with all Councilmembers present.

The following members of the public commented on the Consent Calendar:

Chuck Allord and Joey Fullmer spoke against item 6-F and 6-L; Joe Weichman, Bob Seldon, and Debbie Mulvaney spoke in favor of Item 6-F; Quincy spoke regarding power alternatives and election procedures.

At the request of Councilmember Katz, Items 6-A and 6-I were removed from the consent calendar. At the request of Councilmember McKeown, Item 6-F was removed from the consent calendar.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember McKeown, to approve all items, on the Consent Calendar as presented, with the exception of Items 6-A, 6-I and 6-F, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Katz, Genser, McKeown, Holbrook, Holbrook, Mayor Pro Tem Bloom and Mayor Feinstein

NOES: None

ABSENT: None

6-B: Resolution No. 9607 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CONTINUING EXISTENCE OF A LOCAL EMERGENCY (January 1994 Earthquake Damage), was adopted.

6-C: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7869 (CCS) with STV Incorporated, in the amount of $59,830, to design new kennels, remodel restroom facility, and redesign storm water drainage at the municipal Animal Shelter, was approved.

6-D: Resolution approving Disadvantaged Business Enterprise Program -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ADOPT RESOLUTION NO. 9608 (CCS) APPROVING THE CITY OF SANTA MONICA ENGINEERING DIVISION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR PROJECTS THAT RECEIVE FEDERAL HIGHWAY ADMINISTRATION FUNDING," was adopted.

6-E: Recommendation to authorize the City Manager to negotiate and execute an amendment to Professional Services Contract No. 7445(CCS) with RNL/Interplan, Inc. dba RNL Design, in the amount of $295,000 for a total amount not to exceed $815,000, for design of the Santa Monica Big Blue Bus Natural Gas Fueling Facility, was approved.

6-G: Award of bid for bus transfer tickets - Recommendation to award Bid No. 2802 to Electronic Data Magnetics, Inc., in an estimated amount of $55,000, with two one-year renewal options, to furnish and deliver special thermal bus transfer tickets required by the new automated fare boxes, was approved.

6-H: Award of bid for two sedans - Recommendation to award Bid No. 2812 to Scott Robinson Honda, in the amount of $39,114.28, to furnish and deliver two intermediate sedans for the Transportation Management Division of the Planning and Community Development Department, and the City Attorney's Office, was approved.

6-J: Award of bid for provision of carpet - Recommendation to award Bid No. 2813 to Continental Flooring Company, in the amount of $52,143.25, to furnish and deliver twenty rolls of carpet for the Event Facilities Division, Community and Cultural Services Department, was approved.

6-K: Contract for design and production of outreach materials for the City's Environmental Public Education Initiatives - The City Council authorized the City Manager to negotiate and execute Contract No. 7871 (CCS) with Cowan Communication Arts, in the amount of $101,300, for the design and production of outreach materials for the City's Environmental Public Education Initiatives.

6-L: Purchase orders for the recycling of residential yard waste - Recommendation to authorize the City Manager to enter into open negotiations with American Waste Industries and River Ranch Recycling, in an amount not to exceed $150,000, for purchase orders for the recycling of yard waste collected from residents, was approved.

6-A: The minutes of August 8, 2000, City Council meeting, were presented.

Councilmember Katz advised the reason he had pulled this item was because he was not a Councilmember at the time and wished to abstain.

Motion by Mayor O'Connor, seconded by Councilmember Genser, to approve the minutes of the August 8, 2000, City Council meeting. The motion was approved by voice vote, with Councilmember Katz abstaining.

6-I: Recommendation to award Bid No. 2795 to Claude Short Dodge, in the amount of $50,877.50, to furnish and deliver two conventional pickup trucks with bin lifts for the Solid Waste Management Division, Environmental and Public Works Management Department, was presented.

Councilmember Katz advised he wished to abstain from voting due to a conflict of interest.

Motion by Mayor O'Connor, seconded by Councilmember Genser, to approve staff recommendation. The motion was approved by the following vote:

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

NOES: None

ABSTAIN: Councilmember Katz

ABSENT: None

On order of the Mayor, the remaining Consent Calendar Item 6-F to be heard at the end of the agenda, before public comment.

On order of the Mayor, the regular City Council meeting recessed to a special joint meeting at 7:25 p.m.

On order of the Mayor, a special joint meeting with the Housing Authority, the Parking Authority and the Redevelopment Agency was convened with all members present.

4-A: HA/PA-1: Minutes of the Housing Authority and Parking Authority meetings of January 11 and 18, 2000, were presented.

Motion by Agency/Authority Member McKeown, seconded by Agency/Authority Member Holbrook, to approve the Housing Authority and Parking Authority meeting minutes of January 11 and January 18, 2000. The motion was approved by voice vote, with all Agency/Authority Members present and Agency/Authority Member Katz abstaining.

4-B: CC/HA/PA/RA-1: Public comment, discussion, and identification of Budget Priorities for Fiscal Year 2001/02 - recommendation to receive public comment, hold discussion and identify budget priorities for Fiscal Year 2001/02, including Community Development Block Grant and Home Investment Partnership Act Programs, was presented.

On order of the Mayor, this item was opened for public comment.

The following members of the public provided input on the 2001/02 Fiscal Year Budget: Patrick Cole, Reynaldo Cruz, Cody Armstorng, Jen Robins, Quincy Jackson, Chelsey Antid, Emily Thomas, Courtney Zupan, Pro Se, Chuck Allord, Daniel Ehrler, Rabbi Frwin Ruch, Diana Meier, Dawn Meier, Dereck Launch, Terry Schieler, Jack Dillenberg, Joey Fullmer, Annette Shoney, Don Guard, Herbert Roney, Tom Donner, Charles Donaldson, Nehasi Lee, Annie Bird, Piedad Robertson, Betsy Hiteshaw, Karen Kaye, Ellen Brennan, Maryanne La Guardea, Joe Glutman, Anthony Pullasa, Josh Needle, Gary Gardon, Leslie Paonessa, Joe Pepersky, Steve Mount, Heather Trim, Frank Schuengel, Kathleen Rawson, Ann Greenspun, Bill Imhoff, Patricia Hoffman, Bill Tucker, Art Hari, Lillie Schlessinger, Michael Rich, June Stoddard, Bob Saldon, Sandy Grant, and Rich Abelson

On order of the Mayor, the special joint meeting was recessed at 9:35 p.m., and reconvened at 9:45 p.m., with all members present.

The following members of the public provided input on the 2001/02 Fiscal Year Budget: Joanne Leavitt, Joe Padlucci, Oscar De le Torre, Estela Arian, Tiffany Davis, Veronica Casillas, Thomas Flores, Maria Loya, Araceli Torres, Ana Jara, Mariana Mendez, Maria Vivanco, Brian Menendez, Angel Villasenor, Robert Bryant, Mike Jackson, Cesar Chavez, Marilynn McGrath, Judy Abdo, Martha Padilla, Patrick Cole, Ben Robbins, Quincy Jackson, Emily Thomas, Courtney Zupan, Hector Pacheco, Jose Escane, Shari Darin, Quincy, Tom Pratt, Craig Hamilton, Dennis Zone, Ralph Mechen, Harry Keiley, Wendy Laufer, Rick Gates, Louise Jaffee, Mike Jordan, Julia Brommley, Gleam Davis, Linda Sullivan, Deidre Roney, Maria Leon Vasques, Keeley Olsen, Cesar de le Torre, Ilya Vaynshleyn, Ilya Vaynshleyn, Lin de la Torre, Elias Serna, Gene Gebman, and Jerry Rubin.

Motion by Councilmember McKeown, seconded by Councilmember Katz, to continue past 11:00 p.m. The motion was approved by voice vote, with all members present.

Councilmember Holbrook was excused at 11:45 p.m.

Councilmember McKeown was excused at 12:04 a.m. and returned at 12:14 a.m.

Discussion ensued on concerns regarding the five priority items. Mayor Feinstein encouraged residents to continue providing their input and feedback on budget issues to the City Council.

Councilmember McKeown advised he would be leaving the dais during the discussion of funding for the School District. Councilmember McKeown returned to the dais upon the end of the School District discussion.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to continue work on the top five priorities set last year: Education, Afford-able Housing, Quality of Life/Neighborhood Livability, Mobility, and Environment/Sustainability. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

On order of the Mayor, the special joint meeting was adjourned at 12:15 a.m., and the regular City Council was reconvened with Councilmember Holbrook absent.

8-A: Second reading and adoption of Ordinance NO. 1998 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE TO INCREASE THE DOLLAR LIMIT FOR FORMAL BIDDING PROCEDURES; INCREASE THE DOLLAR LIMIT FOR PROFESSIONAL SERVICES CONTRACTS; INCREASE THE DOLLAR LIMIT FOR CONVENIENCE PURCHASE ORDERS; CHANGE THE WORDING OF CERTAIN SECTIONS TO REFLECT CURRENT PURCHASING PRACTICES; AND, CLARIFYING THE DEFINITION OF LOWEST RESPONSIBLE BIDDER," was presented. (Ordinance introduced on December 19, 2000.)

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to adopt Ordinance No. 1998 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

8-B: Introduction and adoption of an Emergency Interim Ordinance extending an Interim Ordinance which modifies Development Review Thresholds in the following districts: RVC Residential Visitor Commercial District; BCD Broadway Commercial District; C2 Neighborhood Commercial District; C4 Highway Commercial District; C5 Special Office Commercial District; C6 Boulevard Commercial District; C M Main Street Commercial District; CP Commercial Professional District; M1 Industrial Conservation District; and, LMSD Light Manufacturing and Studio District, to 7500 square feet, and declaring the presence of an emergency, was presented.

On order of the Mayor, the hearing was opened for public comment. Member of the public Chuck Allord spoke in favor of this item. Member of the public Chris Harding expressed various concerns.

Motion by Councilmember McKeown, seconded by Mayor Feinstein, to direct staff to evaluate letters and comments received during the public hearing and bring the matter back on January 23, 2001, with a revised ordinance for first reading and not as an emergency ordinance. The motion was approved by voice vote, with Councilmember Katz and Councilmember O'Connor voting in opposition, and with Councilmember Holbrook absent.

Councilmember O'Connor was excused at 12:46 p.m.

Motion by Mayor Feinstein, seconded by Councilmember Genser, to direct staff to evaluate interim ordinance procedures and recommend any changes as necessary. The motion was approved by the following vote:

AYES: Councilmembers Katz, McKeown, Genser,

Mayor Pro Tem Bloom and Mayor Feinstein

NOES: None

ABSENT: Councilmember Holbrook and Councilmember O'Connor

Councilmember O'Connor returned at 12:48 p.m.

12-A: Recommendation to adopt Resolution No. 9610 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA FIREFIGHTERS LOCAL 1109 (SMFFA)."

Motion by Councilmember McKeown, seconded by Councilmember Genser to adopt Resolution No. 9610 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Katz, McKeown, Genser, Mayor Pro Tem Bloom and Mayor Feinstein

NOES: None

ABSTAIN: Councilmember O'Connor

ABSENT: Councilmember Holbrook

13-A: Request of Jerry Rubin that the City Council direct staff to study and return with recommendations to establish a policy prohibiting smoking in outdoor cafeteria and coffee house patio areas.

At the request of Mr. Rubin, this item was continued to January 23, 2001.

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

On order of the Mayor, this matter was continued to January 23, 2001.

14-B: Appointment to one full term on the Pier Restoration Corporation for term ending November 10, 2004.

On order of the Mayor, this matter was continued to January 23, 2001.

14-C: Appointments to the following terms on the Pier Restoration Corporation: One appointment for a term ending November 2001; three appointments for terms ending November 2002; three appointments for terms ending November 2003; and 2 appointments for terms ending November 2005, as recommended by the Pier Restoration Corporation.

On order of the Mayor, this matter was continued to January 23, 2001.

At the request of Mayor Feinstein, and with Councilmembers concurring, Items 14 D and 14-F were combined.

14-D: Request of Councilmember Katz to discuss the electric energy crisis and any steps the City might take to protect the residents from the situation.

14-F: Request of Mayor Pro Tem Bloom that staff be directed to investigate the current crisis in the cost and availability of electricity.

On order of the Mayor, the items was opened for public comment.

Member of the public, Mark Olson, Region Manager Southern California Edison, spoke regarding the energy crisis.

Motion by Councilmember Genser, seconded by Councilmember Katz, authorizing the Mayor to send a letter to state and federal representatives on behalf of the City similar in content to a resolution adopted by the City of Rosemead addressing corporate manipulation of energy market, renewable energy, energy conservation, reliable supplies of energy, conservation, cautious and prudent use of energy, and similar issues. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

14-E: Request of Mayor Feinstein and Mayor Pro Tem Bloom to discuss setting an earlier starting time for regular City Council meetings and the possible need to change the order of business on the agenda from that currently observed, was presented.

On order of the Mayor, this item was opened for public comment. Member of the public, Chuck Allord, expressed various concerns regarding this item.

Motion by Mayor Feinstein, seconded by Councilmember Genser, to direct staff to poll Councilmembers on how early they can arrive; whether closed sessions can be completed before the start of the regular meeting; evaluate the order of the agenda as to which items can be moved up and if there are disadvantages to reordering; evaluate how it will affect KCRW coverage; return with recommendations on starting times for closed sessions, for regular meetings and for special meetings, on January 23, 2001. The motion was unanimously approved by voice vote, Councilmember Holbrook absent.

On order of the Mayor, the remaining item of the Consent Calendar.

6-F: Contracts for Crosswalk Design and construction management services and resolution accepting grant funds from MTA - Resolution No. 9609 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE L.A. COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO RECEIVE $857,000 IN GRANT FUNDS," was adopted and the City Manager was authorized to negotiate and execute Contract No. 7870 (CCS) with Willdan, Inc., in the amount of $360,000, for Phase 2 Crosswalk Design Services; and an amendment to Contract No. 7583 (CCS) with CBM Consulting, in the amount of $115,000 for a total amount not to exceed $340,000, for Phase 1 Project/Construction Management Services, was presented.

Councilmember McKeown advised he had pulled this item in order to discuss the addition of the intersection of 26^th and Washington to this phase of the contract.

Motion by Councilmember McKeown, seconded by Mayor Feinstein,

to approve staff report, amended to add the intersection of 26^th and Washington to Phase II to the Contract.

Substitute motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve as originally presented.

Discussion ensued regarding the lack of noticing and public input on the proposal. Councilmember McKeown thereafter withdrew his original motion.

The motion was approved by the following vote:

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

NOES: Councilmember Katz

ABSENT: Councilmember Holbrook

PUBLIC INPUT:

Member of the public, Chuck Allord addressed the Council regarding preferential parking. Joe Natoli spoke regarding the Pier Restoration Corporation and his concerns regarding the director. Quincy spoke regarding the voting process.

On the order of the Mayor, the City Council recessed to Closed Session at 1:20 a.m., and reconvened at 2:05 a.m. to report the following:

16-A: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director.

Bargaining Units: Santa Monica Firefighters Local 1109

ACTION: See action taken under Item 12-A.

16-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Chamber of Commerce v. City of Santa Monica, LASC Case No BS 066 516.

ACTION: Heard. No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: U-Haul Co., et al. v. City of Santa Monica, Case No. CV 00-10225 NM (Rzx).

ACTION: Heard. No reportable action taken.

16-D: Conference with Legal Counsel - Existing Litigation: Alice Cole, et al. v. City of Santa Monica, Case No. SC 055 183.

ACTION: Heard. No reportable action taken.

16-E: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: Two.

ACTION: Two cases heard. No reportable action taken.

On the order of the Mayor, the regular meeting of the City Council was adjourned at 2:10 a.m., to January 23, 2001.

APPROVED: ____________________

Michael Feinstein, Mayor

ATTEST: ____________________

Maria M. Stewart, City Clerk