CITY OF SANTA MONICA

CITY COUNCIL MINUTES

SEPTEMBER 25, 2001

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:50 p.m., on Tuesday, September 25, 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 (arrived at 6:50 p.m.)

Councilmember Herb Katz

Councilmember Kevin McKeown

Councilmember Pam O'Connor

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 5:50 p.m., with Councilmember Holbrook absent. Councilmember Katz 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.

Members of the public Pro Se and Joey Fullmer addressed items on the Consent Calendar.

At the request of Councilmember McKeown, Item 1-G was removed from the Consent Calendar. At the request of Councilmember Katz, Item 1-O was removed from the Consent Calendar.

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

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

NOES: None

ABSENT: Councilmember Holbrook

1-A: The minutes of June 26, and July 10, 2001, regular City Council meetings, and July 10, 2001, special City Council meeting were approved.

1-B: Earthquake Recovery Resolution - Resolution No. 9700 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

1-C: Seismic Retrofit and Restoration of Crescent Bay Park Pergola - recommendation to authorize the City Manager to negotiate and execute Contract No. 8011 (CCS) with Dynamic General Contractors, Inc., in the amount of $224,700, for the construction of the project, was approved.

1-D: Addition of Trailer Office at Clover Park - recommendation to authorize the City Manager to negotiate and execute Contract No. 8012 (CCS) with Spilat Construction, in the amount of $265,600, for the trailer office addition project at Clover Park, was approved.

1-E: Provision of customer service, supervisory and management skill training for Big Blue Bus employees - recommendation to authorize an increase to Purchase Order with Insight Strategies, Inc., in the amount of $122,000, for provision of training services, was approved.

1-F: Repair of earthquake-damaged sewer mains - Project 11 - recommendation to authorize the City Manager to negotiate and execute construction Contract No. 8013 (CCS) with Mladen Girbavac, in the amount of $2,996,365.75; and Contract No. 8014 (CCS) with Tetra Tech, Inc., in the amount of $498,400, for construction management and inspection services for the project, was approved.

1-H: Provision of management and supervisory training to City employees - recommendation to authorize the City Manager to negotiate and execute Contract No. 8016 (CCS) with Centre for Organization Effectiveness, in the amount of $65,000, to provide training in leadership and supervision skills to management and supervisory employees of the City, was approved.

1-I: Resolution accepting grant funds from the Governor's Office of Criminal Justice Planning - recommendation to adopt Resolution No. 9701 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A $98,119 GRANT AWARD FROM THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PLANNING," to purchase software for the Police Department, was adopted.

1-J: Purchase of tree trimming equipment - recommendation to award Bid No. 2836 to Altec Industries, Inc., in the amount of $155,318.04, for a hydraulic articulating aerial device to trim City trees, was approved.

1-K: Purchase of an aircraft crash/rescue firefighting vehicle - recommendation to award a purchase order to Emergency One Incorporated, in the amount of $552,319, for a one-year old aircraft crash/rescue firefighting vehicle, was approved.

1-L: Purchase of bus fare boxes for Big Blue Buses - recommendation to award purchase order to GFI Genfare, in the amount of $361,104, for bus fare boxes, was approved.

1-M: Purchase of battery back-up systems to run traffic signals in the event of power loss - recommendation to award purchase order to J & J, in the amount of $402,000, for battery back-up systems to provide power to traffic signals in the event of a power loss, was approved.

1-N: Revised plan for Main Library Expansion Project, including demolition of existing structure - recommendation to approve a revised approach to the Main Library Expansion Project, involving replacement of the existing building with a newly constructed facility, was approved.

1-G: Update to Santa Monica's Airport's Aircraft Noise Monitoring System - recommendation to authorize the City Manager to negotiate and execute Contract No. 8015 (CCS) with BAE Systems, in the amount of $300,000, to provide software and hardware to update the noise monitoring system, was presented.

Staff replied to questions posed by Councilmember Katz.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve recommendation and direct staff to return with information on the cost of installation of additional monitors. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

1-O: Study of universal accessibility requirements for new development projects - recommendation to authorize the City Manager to negotiate and execute Contract No. 8017 (CCS) with the University of Buffalo Foundation, in the amount of $75,000, for the study of universal accessibility requirements for new residential and commercial construction, was presented.

Councilmember Katz advised he asked to remove this item from the Consent Calendar because of the amount of funds being spent and believed that most of the project could be conducted by a local task force at minimum cost. Discussion ensued.

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

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

NOES: Councilmember Katz

ABSENT: Councilmember Holbrook

Councilmember Katz stated, for the record, that he voted in opposition for the same reasons he voiced earlier.

On order of the Mayor, the City Council recessed at 6:05 p.m., to hear closed sessions and returned at 7:05 p.m. with all members present to the following:

4-A: Recognition of the contributions of Dora Menchaca and Carolyn Beug to their community.

Mayor Feinstein acknowledged and recognized the contributions made to the community by the two victims lost in the September 11, 2001, terrorist attack.

4-B: Report on State of the City and Public Safety Efforts Following the Terrorist Attack of September 11, 2001.

The City Manager reported on the current activities of the City's staff in preparing for disaster and on the state of the City.

4-C: Commendation to John Catoe, Director of Transportation.

The Mayor issued a commendation to Mr. Catoe.

On order of the Mayor, the following actions were reported on closed session items:

2-A: Conference with Legal Counsel - Existing Litigation: Michael Duffy v. City of Santa Monica, Case No. SC 061 611.

Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Bloom, to approve a settlement in the amount of $575,000.00, appropriated from Account No. 56232.578790. The motion was approved by the following vote:

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

NOES: None

ABSTAIN: Councilmember Holbrook

ABSENT: None

2-B: Conference with Legal Counsel - Existing Litigation: CALHO v. City of Santa Monica, Case No. BS 053 199.

Motion By Councilmember O'Connor, seconded by Mayor Pro Tem Bloom, to approve a settlement in the amount of $180,000 in attorney's fees within 30 days of execution of the agreement, and $117,000 to be paid on or before January 31, 2001. 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

2-C: Conference with Legal Counsel - Existing Litigation: Dorothy Roeder v. City of Santa Monica, Case No. SC 061 238.

Motion by Councilmember O'Connor, seconded by Councilmember Katz, to approve a settlement in the amount of $38,572.87. 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

2-D: Conference with Legal Counsel - Existing Litigation: Seyed Ali Hashemian v. City of Santa Monica, Case No. SC 061 051.

Motion by Councilmember O'Connor, seconded by Councilmember McKeown, to approve a settlement in the amount of $180,000.00. 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

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 - Existing Litigation: City of Santa Monica v. Shell Oil Co., et al., Case No. 313004.

ACTION: Heard. No reportable action taken.

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

ACTION: Heard. No reportable action taken.

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

Number of Cases: One.

ACTION: Heard. No reportable action taken.

On order of the Mayor, and at the request of staff, this matter was continued to October 9, 2001.

7-B: Introduction and first reading of an interim ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA Extending the Construction Rate Program for Multi-family Development in All Multi-family Residential Districts and the Design Compatibility Permit Requirement for the Development of Condominiums and Other Multi-family Housing," was presented.

Members of the public Joey Fullmer and Brian Hutchings expressed various concerns.

Motion by Councilmember O'Connor, seconded by Mayor Pro Tem Bloom, 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 Genser, McKeown, O'Connor, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: Councilmembers Katz, Holbrook

ABSENT: None

7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 3.12.670 TO THE MUNICIPAL CODE RELATING TO TRANSIT MALL TRAFFIC RESTRICTIONS TO AUTHORIZE THE CREATION OF "BUS ONLY" LANES," was presented.

There was no one present to speak on this item.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Katz, 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, O'Connor, McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: None

8-A: Qualification of petition for proposed Referendum Against Living Wage Ordinance No. 2015 (CCS) - recommendation to accept the qualified petition for a referendum against the Living Wage Ordinance and either, revoke the ordinance in its entirety, or set a date for an election for the purpose of placing the ordinance on the ballot for a public vote.

The following members of the public spoke in support of placing the ordinance of the ballot: Rick Yapkowits, Edith Mendez-Yapkowits, Chuck Allord, Beth Lederpack, Erika Zucker, and Jerry Rubin.

Member of the public Mike Grunning spoke in support of revoking the ordinance. Member of the Public Ann Greenspun expressed concerns regarding the economic state of the City and spoke in support of revoking the ordinance. Member of the public Tom Larmore expressed concern regarding the economic state of the City.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to place the ordinance on the November 5, 2002, ballot, and direct staff to prepare a separate ordinance to address protection of workers and workers' rights while the living wage ordinance is suspended, pending the election.

Substitute motion by Councilmember Katz, seconded by Councilmember Holbrook, to rescind the ordinance. The substitute motion failed by the following vote:

AYES: Councilmembers Katz, Holbrook

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

ABSENT: None

The main 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

9-A: Public Hearing and approval of Fiscal Year 2000-01 Annual Review of City Coordinated Plan for Homeless Services - recommendation that City Council hold a public hearing to gain input, and approve the FY 2000-01 Annual Review of the City' Coordinated Plan for Homeless Services. (Continued from September 11, 2001.)

On order of the Mayor, this matter was continued to October 9, 2001.

9-B: Resolution waiving advertisement requirements and authorizing the sale of access rights across portion of public right-of-way at northwest corner of Olympic and Centinela - recommendation to hold a public hearing and adopt Resolution No. 9702 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING SALE OF EXCESS RIGHTS FOR DRIVEWAY PURPOSES ACROSS A PORTION OF THE PUBLIC RIGHT-OF-WAY AND ACCEPT PROPERTY DEDICATION AND IMPROVEMENTS AT THE NORTHWEST CORNER OF OLYMPIC BOULEVARD AND CENTINELA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED DOCUMENTS," was presented.

There was no one present to speak on this matter.

Motion by Councilmember Katz, seconded by Mayor Pro Tem Bloom, to adopt the resolution, 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

9-C: Report on Water Quality Relative to Public Health Goals - recommendation that Council hold a public hearing, receive public comment, and approve the water quality report, was presented.

There was no one present to speak on this matter.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Katz, to approve staff recommendation. 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

11-A: Resolution No. 9703 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA MODIFYING THE REGULATIONS IN PREFERENTIAL PARKING ZONE ZZ ON 5^TH, 6^TH, AND 7^TH STREETS BETWEEN WILSHIRE AND MONTANA; AND ON MONTANA, IDAHO, WASHINGTON AND CALIFORNIA AVENUES, BETWEEN 4^TH AND 7^TH STREETS, AND AMENDMENT TO RESOLUTION 9344 (CCS)" - and recommendation to approve the proposed budget adjustment, was presented.

City Manager Susan E. McCarthy excused herself from this portion of the Council meeting due to a conflict of interest. Assistant City Manager Gordon Anderson assumed the City Manager's chair.

The following members of the public spoke to various issues of the proposed resolution: Rich Hapkowitz, Tom Alesio, Bob Davenport, Harvey Shapiro, E.A. Huerta, Walter Van Buskirk, Russell McAleg, Chuck Allord, Mike Grunning, Jane Walker, Al Baginshi, Selwyn Yosslawitz, Charles Wood, Bruce Kapsun, Sheryl Shevah, Sonja Braga, Tom Larmore, Rachel Powell, Irma Passmore, and Don Halpern.

Discussion ensued on the proposed parking zone and the issues and concerns expressed by members of the public.

Motion by Councilmember McKeown, seconded by Mayor Feinstein, to adopt the resolution, reading by title only and waiving further reading thereof, and amending to change the hours from 7:00 to 9:00 p.m., to 7:00 to 10:00 p.m.

Motion to amend by Councilmember Genser, to extend the time to midnight in the district. The motion was accepted as friendly.

Substitute motion by Councilmember O'Connor, seconded by Councilmember Genser, that the Parking Zone ZZ end at Washington Street on the north, between 4^th and 7^th and Wilshire and Washington, and the hours to extend through midnight. The substitute motion failed by the following vote:

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

NOES: Councilmembers Katz, McKeown, Holbrook, Mayor Feinstein

ABSENT: None

Councilmember McKeown withdrew his original motion in order to make the following new motion:

Motion by Councilmember McKeown, seconded by Councilmember Katz, to adopt resolution amended so that the parking zone goes from Wilshire to Washington, inclusive of Washington from 7:00 a.m., to 10:00 p.m.

Motion to amend by Councilmember Genser, should a district between Wilshire and Washington, west of the proposed district, be considered for nighttime use, that staff return with consideration of extending the hours in this proposed district to midnight. The motion was accepted as friendly.

The motion, as amended, was approved by the following vote:

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

NOES: None

ABSENT: None

At the conclusion of this matter, the City Manager returned to the dais.

12-A: Request of Kenneth Wefer to request that Council direct staff to draft an ordinance establishing noise and safety regulations for motorized scooters, was presented.

Members of the public Paul Sanderson, Mark Rosenberg and Quincy spoke in support of the request.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to direct staff to investigate the request and return with recommendations, if appropriate. The motion was unanimously approved by voice vote, with all members present.

12-B: Request of Irina Passmore to request that the City Council establish a ban on internal combustion engine lawn mowers in the City, and only permit the use of mechanical and electric mowers, was presented.

On order of the Mayor, and Ms. Passmore not being present, the information was received and filed.

12-C: Request of Norman Cohen to address Council to request that the work plan for the sidewalk and Transit Mall east of 5^th Street be delayed to allow for reconsideration of widening of the Mall and the sidewalks to 6^th Street, as originally planned.

At Mr. Cohen's request, this matter was continued to October 9, 2001.

12-D: Request of Christopher Harding that Council direct staff to investigate modifying Ordinance No. 1999(CCS), governing development review thresholds for mixed-use projects and to rescind prior direction to explore extending the Ordinance to the downtown zoning districts, was presented.

Members of the public Chuck Allord and Quincy addressed concerns regarding the request.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem Bloom, to receive and file the information. The motion was unanimously approved by voice vote, with all Councilmembers present.

13-A: Appointment to one annual vacancy on the Convention & Visitors Bureau for a term ending June 30, 2005: (Continued from August 14, 2001)

On order of the Mayor, this matter was continued to October 9, 2001.

13-B: Appointment to one special vacancy on the Personnel Board for a partial term ending June 30, 2004. (Continued from August 14, 2001.)

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

13-C: Acceptance of Alison St. Onge's letter of resignation from the Architectural Review Board, and authorization to the City Clerk to publish the vacancy.

Motion by Councilmember Katz, seconded by Mayor Feinstein, to accept resignation and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with all Councilmembers present.

Members of the public Pro Se and Quincy addressed various local concerns.

On order of the Mayor, the City Council meeting was adjourned at 11:20 p.m. to October 9, 2001, in memory of Carolyn Beug, Dora Menchaca, Ronald Gamboa, and Mr. Gamboa's young son.

ATTEST:

Maria M. Stewart, City Clerk

APPROVED:

Michael Feinstein, Mayor