CITY OF SANTA MONICA

CITY COUNCIL MINUTES

FEBRUARY 13, 2001

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:15 p.m., on Tuesday, February 13, 2001, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Richard Bloom

Councilmember Pam O'Connor

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Ken Genser (arrived at 5:23 p.m.)

Absent: 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 to its regular meeting at 5:15 p.m. with Councilmembers Genser and Katz absent. Mayor Pro Tem Bloom led the assemblage in the Pledge of Allegiance.

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

Joey Fullmer expressed concerns regarding Item 1-D; Chuck Allord commented on Items 1-G and 1-M.

Motion by Councilmember O'Connor, seconded by Councilmember McKeown, to approve all items, on the Consent Calendar as presented, reading resolutions and ordinance by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Genser and Katz

1-A: The minutes of September 19, 2000 and October 3, 2000, City Council meetings, were approved as submitted.

1-B: Earthquake Recovery Resolution - Resolution No. 9615 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CONTINUING EXISTENCE OF A LOCAL EMERGENCY (January 1994 Earthquake Damage)", was adopted.

1-C: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7882 (CCS) with Rincon Consultants, Inc., in the amount of $127,162, for preparation of an Environmental Impact Report for the 415 Pacific Coast Highway Project, was approved.

1-D: Revise City Investment Policy - recommendation to revise the City Investment Policy and continue delegation of investment authority to City Revenue Manager/Treasurer, was approved.

1-E: Construction Management Services for Sewer Project 7 - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7464 (CCS) with Harris and Associates, in the amount of $21,520, for construction management and inspection of the Sewer Project, was approved.

1-F: Final Tract Map for a 10-Unit condominium project at 1513-1517 Berkeley - recommendation to authorize the City Manager to negotiate and execute Contract No. 7883 (CCS) for completion of public improvements, and Resolution No. 9606 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING A SUBDIVISION MAP FOR TRACT NO. 52361 TO SUBDIVIDE THE PROPERTY", was approved.

1-G: Contract amendment for plan review services for the Building and Safety Division - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7561 (CCS) with Esgil Corporation, in the amount of $130,000 for a total of $260,000, to provide additional plan review services for the Building & Safety Division, was approved.

1-H: Sales tax audit and information reporting services - recommendation to authorize the City Manager to negotiate and execute Professional Services Contract No. 7884 (CCS) with The HdL Companies to conduct sales tax auditing and information services, in the amount of $9,000 annually, was approved.

1-I: Award bid for two stake bed trucks - recommendation to award Bid No. 2822 to Maurice J. Sopp & Son, in the amount of $102,837.50, to furnish and deliver two stake bed trucks for the Solid Waste Management Division and Water Division, Environmental & Public Works Management Department, was approved.

1-J: Award bid for one Dump Collection Vehicle - recommendation to award Bid No. 2821 to LA Freightliner, in the amount of $115,611.00, to furnish and deliver one 4x2 8-yard dump collection vehicle for the Street Maintenance Division, Environmental & Public Works Management, was approved.

1-K: Lease for warehouse space for City's Transit Services - recommendation to authorize the City Manager to negotiate and execute Contract No. 7885 (CCS), a five-year lease with Wells Fargo Bank, N.A., in the amount of $266,400 per year, for warehouse space for the Santa Monica Big Blue Bus Department, was approved.

1-L: Internship opportunities for students - recommendation to authorize the City Manager to execute Contract No. 7886 (CCS), an agreement with the Regents of the University of California so that the City's Fire Department may provide internships to trainees from the UCLA Center for Prehospital Care-Daniel Freeman Hospital Paramedic Education Program, was approved.

1-M: Resolution No. 9617 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NO. 9489(CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED POSITIONS REQUIRED TO FILE STATEMENTS OF ECONOMIC INTEREST", was adopted.

1-N: Resolution to submit and execute used oil recycling and household hazardous waste grant fund applications - Resolution No. 9618 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE USED OIL RECYCLING AND HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD", was adopted.

1-O: Resolution on Energy Conservation - Resolution No. 9619 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AFFIRMING THE CITY'S COMMITMENT TO ENERGY CONSERVATION," was adopted.

On order of the Mayor, the City Council adjourned to consider closed sessions at 5:22 p.m, and reconvened at 6:55 p.m., with Councilmember Katz absent. Action taken on closed sessions was reported at the end of the meeting.

5-A: Resolution amending Preferential Parking Zone TT and creating Preferential Parking Zone YY - recommendation to adopt a resolution amending Preferential Parking Zone TT on 20^th, 21^st, 22^nd, 23^rd, 24^th Streets, Chelsea Avenue, and 25^th Street between Wilshire Boulevard and Washington Avenue; and California and Washington Avenues between 20^th and 26^th Streets; creating Preferential Parking Zone YY in 26^th and Princeton Streets and Harvard and Yale Streets; Arizona Avenue between 26^th and Yale Streets; and Washington Avenue between 26^th and Stanford Streets; approval of proposed budget revenue adjustment; and, amending City Council Resolution 9344(CCS).

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

Members of the public Joey Fullmer, Bob Gabriel, and Lawrence Brown provided suggestions for rectifying the parking problems; Betty S. Mueller expressed concern regarding Zone TT; members of the public Chris Armenta, Steve Moore, Stuart Shakman, Chuck Allord, Ron Cohen, Nadia Shabaik, Janet Kaplan, John Sheehan, Pat Wilson, Zelia Mellica, Marty Kaplan, Rae Peronneau, Sabine Schlosser, John Cobus, Art Lowry, Joan Charles, Kelly Ocean, Stephen Kania, Amani Abazamzam, Mark Lasser, Lauren Swedlaff, and Nina Sharafi addressed the Council in opposition to the proposal; Mark Rothschild, Steve Litvak, Mark Harding, Valerie Layton, and Quincy expressed various concerns regarding the proposal;

Members of the public Jim Stebinger, Bob Seldon, Ralph Lux, and Lu Artz indicated support for the proposal. Member of the public Deborah Davis spoke in support of the proposal. Member of the public Hal Neiman suggested further study be conducted on parking. Members of the public Annie Garcelon and Jorge Murillo indicated opposition to the proposal.

Councilmember Holbrook advised he had a conflict of interest with Preferential Parking Zone YY and, at his request, discussion on the two parking zones was bifurcated.

Discussion ensued on Parking Zone TT and staff answered questions from Council.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to adopt Resolution No. 9620 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING PARKING ZONE TT AND AMENDING CITY COUNCIL RESOLUTION 9344 (CCS)," leaving existing restrictions in place, and to table the issue of employee parking pending the outcome of a Citywide policy after the conclusion of experiments.

Substitute motion by Councilmember O'Connor, seconded by Councilmember Holbrook, to not pursue the business permits in Zone TT but adopt the resolution as submitted by staff, reading by title only and waiving further reading thereof.

The substitute motion was approved by the following vote:

AYES: Councilmembers Holbrook, McKeown, O'Connor and Mayor Feinstein

NOES: Councilmember Genser and Mayor Pro Tem Bloom

ABSENT: Councilmember Katz

Councilmember Genser indicated he voted against the motion due to the precedent that would be set. Mayor Pro Tem Bloom indicated he voted against the motion for the reasons stated by Councilmember Genser.

Motion by Councilmember Holbrook, seconded by Mayor Feinstein, to direct staff to explore a citywide policy for business parking permits. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

Motion by Councilmember Holbrook, to direct staff to implement a plan to enforce the parking regulations in the preferential zones. The motion died due to lack of a second.

Councilmember Holbrook was excused at 10:15 p.m.

Councilmember Holbrook advised he was recusing himself from discussion on Zone YY due to the conflict of interest mentioned earlier.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to adopt Resolution 9629 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CREATING PREFERENTIAL PARKING ZONE YY AND AMENDING Resolution 9344 (CCS)," with the same hours, and with no parking without a permit.

After discussion on the effects of the motion, and receiving information from staff, the motion was withdrawn.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to adopt the above resolution creating Preferential Parking Zone YY with no business parking permits in the zone, and no parking without a permit on 26^th Street through Yale between Santa Monica Boulevard and Arizona, and on Arizona between 26^th Street and Yale, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: Councilmember O'Connor

ABSENT: Councilmembers Holbrook and Katz

Councilmember O'Connor stated she voted in opposition to the motion because she felt that the City was privatizing a public resource.

On order of the Mayor, the City Council recessed at 10:45 p.m. and reconvened at 10:55 p.m., with all members present except Councilmembers Holbrook and Katz.

7-A: Second reading and adoption of Ordinance No. 1999 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO THE 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; CM MAIN STREET COMMERCIAL DISTRICT; CP COMMERCIAL PROFESSIONAL DISTRICT; M1 INDUSTRIAL CONSERVATION DISTRICT; AND, LMSD LIGHT MANUFACTURING AND STUDIO DISTRICT, TO 7500 SQUARE FEET." was presented.

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

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

NOES: Councilmember O'Connor

ABSENT: Councilmembers Holbrook and Katz

7-B: Introduction and first reading of an ordinance requiring the removal of vehicles from time-limited parking zones, within the posted time limits, and amending the Santa Monica Municipal Code, was presented.

On order of the Mayor, the public hearing was opened. Members of the public Chuck Allord and Robert Seldon expressed concerns regarding the ordinance.

On order of the Mayor, and at the request of staff, the public hearing was closed and the matter was continued to a future meeting to allow the Police Department to provide information to the Council.

8-A: Approve Leasing Guidelines for Santa Monica Pier - recommendation to approve the proposed leasing guidelines of City Property on the Santa Monica Pier for Fiscal Year 2000-01.

Members of the public David Genwood, Naia Sheffield, Joseph Natoli, and Quincy discussed the leasing guidelines and expressed various concerns.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve the staff recommended guidelines, to run with the time period for the next work plan through FY 2002 and will then be renewed with the workplan annually; include a statement that in responding to a proposal for a new lease, the history and operating performance be considered as criteria for evaluating the proposals; and that prospectively, no tenant be granted more than one leasehold for the purpose of maximizing diversity. The motion was approved by the following vote:

AYES: Councilmembers Genser, McKeown, O'Connor,

Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Holbrook and Katz

13-A: 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 February 27, 2001.

13-B: 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.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve the recommendations of Pier Restoration Corporation as follows:

Glenn Friedman appointed to a term ending 11/13/01;

Abby Arnold, Michael Klein and Natividad Vazquez appointed to terms

ending 11/12/02;

Jonathan Gross, Jean McNeil-Wyner and Linda Sullivan appointed to terms ending 11/11/03;

Eileen Brennan appointed to term ending 11/09/04;

On order of the Mayor, and with consensus of Council, one vacancy for a term ending 11/09/04 to return to Council at a future meeting; and two vacancies for terms ending 11/08/05 to return to Council pending incumbents' resignations.

13-C: Request of Councilmembers Genser and McKeown that Council direct staff to accelerate the planning and implementation of crosswalk and pedestrian safety improvements for the intersection of Washington Avenue and 26th Street, was presented.

The following members of the public addressed the Council in support of the proposal: Bob Seldon, Melanie Gironda, Paula Goldman, Stacy Abarbanel, and Alisa Stewart.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to direct staff to accelerate the planning and implementation of crosswalk and pedestrian safety improvements for the intersection of Washington Avenue and 26th Street into Phase 2. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

13-D: Request of Councilmember Genser that Council direct staff to explore the possibilities of incorporating the entire Stanton MacDonald Wright mural that was in the former Santa Monica library at 5th Street and Santa Monica Boulevard in the proposed expansion of the existing main library, was presented.

Member of the public Roger Genser spoke in support of the request.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to direct staff to explore the possibilities of incorporating the entire Stanton MacDonald Wright mural that was in the former Santa Monica library at 5th Street and Santa Monica Boulevard in the proposed expansion of the existing main library. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

Member of the public Art Casillas discussed public participation in City government. Member of the public Quincy spoke regarding Abraham Lincoln's birthday. Member of the public Joan Miller reported progress on a citation given to her landlord requiring permits and repairs and discussed Code Enforcement.

On the order of the Mayor, the City Council recessed to Closed Session at 12:30 a.m., and reconvened at 1:15 a.m., to report the following with Councilmembers Holbrook and Katz absent.

2-A: Conference with Legal Counsel - Existing Litigation: Jose Ramos v. City of Santa Monica, Case No. SC 057 863.

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel - Existing Litigation: Sue Schuerman v. City of Santa Monica, Case No. SC 061 015.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve settlement in the amount of $70,000.00. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, Holbrook

2-C: Conference with Legal Counsel - Existing Litigation: Lupe Arzola v. City of Santa Monica, Case No. SC 053 364.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember O'Connor, to approve settlement in the amount of $54,742.00. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, Holbrook

2-D: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 313004.

ACTION: Heard. No reportable action taken.

2-E: Conference with Legal Counsel - Existing Litigation: Southern California Water Company v. City of Santa Monica, Case No. SC 064 682.

ACTION: Heard. No reportable action taken.

2-F: Conference with Legal Counsel - Existing Litigation: Foodmaker, Inc. v. City of Santa Monica, Case No. SS 007 078.

ACTION: Heard. No reportable action taken.

2-G: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: Four.

ACTION: Two cases heard. No reportable action taken on one case. The following action was taken on the second case:

Motion by Councilmember O'Connor, seconded by Councilmember McKeown, to approved settlement for Alice Fellows in the amount of $21,269.95. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmembers Katz, Holbrook

On order of the Mayor, the meeting was adjourned at 1:30 a.m., in memory of Diedre O'Donahue.

ATTEST: APPROVED:

____________________ ____________________

Maria M. Stewart Michael Feinstein

City Clerk Mayor