CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 27, 2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:17 p.m., on Tuesday, February 27, 2001, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Michael Feinstein
Mayor Pro Tem Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herb Katz
Councilmember Kevin McKeown
Councilmember Pam O'Connor (arrived at 6:15 p.m.)
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 5:17 p.m., with Councilmember O'Connor absent. Councilmember Holbrook led the assemblage in the Pledge of Allegiance.
The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion.
The following members of the public addressed various items on the Consent Calendar: Joey Fullmer, Pro Se, and Chuck Allord.
At the request of Councilmember Katz, Item 1-A was pulled off the Consent Calendar. At the request of Councilmember Genser, Item 1-J was pulled off the Consent Calendar.
Motion by Councilmember Genser, seconded by Councilmember Holbrook, to approve all items on the Consent Calendar as presented with the exception of items1-A and 1-J, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember O'Connor
1-B: Earthquake Recovery Resolution - Resolution No. 9621 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.
1-C: Contract amendment for environmental analysis for mixed use projects at 2012-24 and 2021-29 Main Street - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7744 (CCS) with EIP Associates, for a new total amount of $122,110.45, to conduct a new analysis to prepare an Environmental Impact Report for proposed construction of two mixed-use buildings, located at 2012-24 Main Street and 2021-29 Main Street, was approved.
1-D: Classification and compensation consulting services for City employment positions - recommendation to authorize the City Manager to negotiate and execute Agreement No. 7889 (CCS) with Hay Management Consultants, in the amount of $30,000, for classification and compensation consulting, was approved.
1-E: Recommendation to authorize the City Manager to negotiate and execute Contract No. 7890 (CCS) with ROMA Design Group, in the amount of $725,000, to provide professional services for the Civic Center Planning process, was approved.
1-F: Recommendation to adopt a revised Alcohol and Anti-Drug Program Policy for the Big Blue Bus was approved.
1-G: Recommendation to authorize the City Manager to negotiate and execute a Contract No. 7891 (CCS) with Benergy, Inc., in the amount of $159,540, for construction of the Adelaide Drive Street Light Circuit Conversion Project, was approved.
1-H: Repair of Earthquake-Damaged Sanitary Sewer Mains - recommendation to waive competitive bidding and authorize the City Manager to negotiate and execute Contract No. 7892 (CCS) with Preussag Pipe Rehabilitation, Inc., in the amount of $2,529,809, for sewer repairs in the area bounded by Pico Boulevard, the Easterly City Limits, Ocean Park Boulevard and 4th Street; and, to authorize the City Manager to negotiate and execute professional services Agreement No. 7893(CCS) with Tetra Tech ASL, Inc., in the amount of $346,120, for construction management and inspection services for the project, was approved.
1-I: Sublease office space at 1717 Fourth Street - recommendation to authorize the City Manager to negotiate and execute Agreement No. 7894 (CCS) with Times Mirror Company to sublease additional office space located at 1717 4th Street.
1-K: Purchase of two aerial lift trucks - recommendation to award Bid No. 2818 to Altec Industries, Inc., in the amount of $158,534.29, to furnish and deliver two 35-foot aerial lift trucks for the Environmental & Public Works Management Department, was approved.
1-A: Approval of minutes for October 10 and October 24, 2000, City Council meetings.
Councilmember Katz advised he had pulled this item off because at the time, he was not a Councilmember yet and wished to abstain from action.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to approve the minutes, as submitted. The minutes were approved by voice vote, with Councilmember Katz abstaining and Councilmember O'Connor absent.
1-J: Purchase of refuse collection vehicles -recommendation to award Bid No. 2810 to Golden State Truck Center, in the amount of $931,068, for four 30-cubic yard automated side loader refuse collection vehicles for the Environmental & Public Works Management Department, was presented.
Staff replied to questions of Councilmember Genser regarding the type and quality of the vehicles.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to approve recommendation. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: Councilmember O'Connor
Councilmember O'Connor arrived at 6:15 p.m.
On order of the Mayor, the regular City Council meeting recessed at 6:28 p.m., to hear closed sessions. Action taken on closed sessions was reported at the end of the meeting:
On order of the Mayor, the City Council reconvened to its regular meeting at 6:52 p.m., with all members present.
4-A: Recognition of participating Councilmembers in recent Super Bowl-A-Thon by Chamber of Commerce.
Members of the Chamber of Commerce recognized and thanked Councilmembers for recently participating in the event.
7-A: 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.
On order of the Mayor, this item was withdrawn at the request of staff.
7-B: Introduction and first reading of an ordinance entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING SPEED LIMITS PURSUANT TO AN ENGINEERING AND TRAFFIC SURVEY AND THE CALIFORNIA VEHICLE CODE AND AMENDING THE SANTA MONICA MUNICIPAL CODE SECTION 3.12.490."
On order of the Mayor, and there being no one for public comment, the public hearing was opened and closed.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember McKeown, to introduce the ordinance for first reading, reading by title only and waiving further reading thereof, and to direct staff to look at the various streets discussed during deliberations including 5th Street between Wilshire and Montana, Ocean Park Boulevard from Centinela to 23rd Street, and Dewey Street. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING PERMIT REQUIREMENTS, OPERATING CONDITIONS AND ENFORCEMENT PROVISIONS FOR VALET PARKING," AND ADOPT RESOLUTION NO. 9622 (CCS) ENTITLED: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING FILING FEES AND SPACE USE FEES FOR VALET PARKING PERMITS."
On order of the Mayor, there being no one present to comment, the public hearing was opened and closed.
Discussion ensued regarding conditions imposed on permits. The City Attorney suggested a change to Section 6.120.140 of the proposed ordinance to address Council's concerns. The suggested amendment would read: "(a) Conditions reasonably necessary to protect the peace and tranquility of any residential area, mitigate traffic impacts . . . . welfare and safety, may be imposed on permits and modified subject to permit holders' rights to notice and the opportunity to be heard."
There was also discussion regarding Section 6.120.150 and the use of the term "franchise" relative to the establishment of rules and regulations.
Motion by Councilmember Genser, seconded by Councilmember Katz, to introduce the ordinance and adopt the resolution, reading by title only and waiving further reading thereof, and amended to reflect the changes suggested by the City Attorney to Section 6.120.140, and deleting the term "franchise" from Section 6.120.150. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
On order of the Mayor, the regular meeting of the City Council recessed at 7:50 p.m., to a special joint meeting with the Housing Authority, the Parking Authority and the Redevelopment Agency, with all members present.
8-A: CC/HA/PA/RA-1: Fiscal Year 2000-01 Mid-Year Budget Review and adoption of associated budget changes including designation of FY 1999-00 year end savings for major Capital Improvements or other potential uses - recommendation that City Council and the Redevelopment Agency adopt Resolution Nos. 9624 (CCS) and 470 (RAS), respectively; amending the budget for the FY2000-01; that City Council adopt Resolution No. 9623 (CCS) changing job classifications and adopting salary rates for various positions, approve Resolution No. 9625 (CCS) revising the City's FY2000-01 Gann Limit, and, approve two promissory notes making funds immediately available for affordable housing projects.
The following members of the public spoke in support of funding the Arts, education, and child care: Joey Fullmer, Donna Block, Maria Leon Vasquez, Gleam Davis, Carol Coote, Mark Maurence, Ralph Mechur, Judy Abdo, Louise Jaffe, Jean Gebman, and Quincy.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember Katz, to adopt Resolution Nos. 9623, 9624, and 9625 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
Motion by Agency Chair Pro Tem Bloom, seconded by Agency Member O'Connor, to adopt Resolution No. 470 (RAS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Agency Members Katz, Genser, Holbrook, O'Connor, McKeown, Chair Pro Tem Bloom, Chair Feinstein
NOES: None
ABSENT: None
Motion by Council/Agency Member O'Connor, seconded by Mayor/Chair Pro Tem Bloom, to approve the promissory notes presented. The motion was approved by the following vote:
AYES: Agency/Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Chair/Mayor Pro Tem Bloom, Chair/Mayor Feinstein
NOES: None
ABSENT: None
Councilmember McKeown was excused at 8:40 p.m., and returned at 9:02 p.m.
Councilmember McKeown excused himself at 8:40 p.m., during the discussion of financial assistance to the Santa Monica-Malibu Unified School District, due to a conflict of interest. Councilmember McKeown returned at 9:02 p.m., after the end of the discussion on the School District.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember Katz, of $3 million balance, allocate $500,000 to the Santa Monica Education Foundation Endowment for Music and Arts, conditioned that when the endowment fund reaches the $5,000,000 level, half of the funding may be allocated earlier (at the discretion of staff) and that the City Manager work with the Foundation to formulate a plan for use of the funds; $150,000 for Barnum Hall restoration; and that balance of $3 million be earmarked for existing capital improvement projects to be determined by staff and recommended to Council in the future. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
On order of the Chair/Mayor, the joint special meeting was adjourned at 9:10 p.m., and the City Council recessed and then reconvened to its regular meeting at 9:30 p.m., with all members present.
8-B: Master Plan to allow expansion of the City' Big Blue Bus facility - recommendation to conduct a public hearing and adopt Resolution No. 9626 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CERTIFYING THE BIG BLUE BUS FACILITY EXPANSION MASTER PLAN ENVIRONMENTAL IMPACT REPORT; ADOPT A RESOLUTION APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS;" adopt Resolution No. 9627 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE BIG BLUE BUS FACILITY EXPANSION MASTER PLAN;" and introduce for first reading an ordinance entitled: "AN ORDINANCE AMENDING MUNICIPAL CODE SECTIONS 9.04.08.22.060 AND 9.04.08.34.060 TO ADDRESS HEIGHT AND FLOOR AREA OF CITY-OWNED PARKING STRUCTURES LOCATED IN THE C4 AND M1 DISTRICTS WEST OF LINCOLN BOULEVARD AND SECTION 9.04.10.04.070(A) TO ALLOW FOR ARCHITECTURAL REVIEW BOARD MODIFICATION TO THE LANDSCAPING REQUIREMENTS FOR PAVED AREAS WHICH PROVIDE PARKING PRIMARILY FOR BUSES AND SIMILAR OVERSIZED VEHICLES," was presented.
The following members of the public spoke against the proposed public parking lot, Phase 5: Larry Beufait, Mike Nicho, Mark Boxon, Steve Carrere, Chuck Allord, Frederick Nason, and Kelly Olsen.
Motion by Councilmember Genser, seconded by Councilmember O'Connor, to adopt Resolution Nos. 9626 and 9627 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve Phases 1-4 of the Plan only, and not approve Phase 5. The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to introduce and hold first reading of the ordinance, reading by title only and waiving further reading thereof, only as to modifying the landscape requirements. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
8-C: Santa Monica Main Library Expansion - Recommendation to incorporate an additional 5,000 square feet of space in the Santa Monica Main Library Expansion and renovation project for the Santa Monica Historical Society Museum; approve major lease terms; authorize the City Manager to negotiate and execute Lease Agreement No. 7895 (CCS) with the Museum; and to amend the professional service agreement with Moore Ruble Yudell Architects and Planners, in the amount of $150,000, for related design services.
Member of the public Mary Booth spoke in favor of the recommendation.
Motion by Councilmember Katz, seconded by Councilmember Holbrook, to approve staff recommendation, amended to require that the Historical Society Museum be open some hours in the evening and/or weekends to allow for the most accessibility by members of the general public.
AYES: Councilmembers Katz, Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
9. Public hearing to adopt Resolution No. 9628 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING ZONE E, BORDERED BY SAN VICENTE BOULEVARD, 26TH STREET, CARLYLE AVENUE AND 21ST PLACE, AND AMENDING CITY COUNCIL RESOLUTION NO. 9344 (CCS),"and approval of budget adjustments.
The following members of the public spoke in support of the recommendation: Nancy Stark, Gleam Davis, Don Coscarelli, Ken Shaerd, Shelley Kay, and Jerry Rubin.
Motion by Councilmember Genser, seconded by Councilmember McKeown, to continue the meeting past 11:00 p.m. The motion was unanimously approved by voice vote, with all members present.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to adopt the resolution, reading by title only and waiving further reading thereof, and approving staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, O'Connor, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: Councilmember Katz
ABSENT: None
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 March 27, 2001.
Councilmember Katz was excused at 11:25 p.m.
13-B: Request of Councilmember O'Connor for use of the Council Chamber by the California Preservation Foundation for a workshop seminar on Friday, March 30, 2001, and waive the customary charge for use of the room.
Motion by Councilmember O'Connor, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmember Katz absent.
Member of the public Art Casillas discussed Police Department issues. Chuck Allord spoke regarding neighborhood groups and U.S. Post Office policies. Jerry Rubin spoke in support of a Disabilities Commission.
The City Attorney reported the following action taken on closed sessions:
2-A: Conference with Legal Counsel - Existing Litigation: Jose Ramos, et al. v. City, Case No. SC 057 863.
Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to approve settlement in the amount of $62,500. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSTAIN: Councilmember O'Connor
ABSENT: Councilmember Katz
2-B: Conference with Legal Counsel - Existing Litigation: Ahron Etehad v. City of Santa Monica, Case No. SC 060 887.
Motion by Councilmember McKeown, seconded by Councilmember Holbrook to approve settlement in the amount of $21,000. The motion was approved by the following vote:
AYES: Councilmembers Genser, McKeown, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSTAIN: Councilmember O'Connor
ABSENT: Councilmember Katz
2-C: 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-D: Conference with Legal Counsel - Existing Litigation: U-Haul Co., et al. v. City of Santa Monica, Case No. CV 00-10225 MN (Rzx).
ACTION: Heard. No reportable action taken.
2-E: Conference with Legal Counsel - Existing Litigation: David Levy, et al. v. City of Santa Monica, Case No. SC 063 147.
ACTION: Heard. No reportable action taken.
2-F: Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Four.
ACTION: 2 cases heard. No reportable action taken.
On order of the Mayor, the City Council meeting was adjourned at 11:40 p.m., to March 6, 2001, in memory of Ray Fenochio.
ATTEST: APPROVED:
Maria M. Stewart Michael Feinstein
City Clerk Mayor