CITY OF SANTA MONICA

CITY COUNCIL MINUTES

AUGUST 13, 2002

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:52 p.m., on Tuesday, August 13, 2002, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Mayor Michael Feinstein

Mayor Pro Tem Kevin McKeown

Councilmember Richard Bloom

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:24 p.m.)

Councilmember Pam O'Connor

Absent: Councilmember Herb Katz

Also Present: City Manager Susan McCarthy

Assistant City Attorney Joe Lawrence

City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 5:52 p.m., with Councilmembers O'Connor and Katz absent. Councilmember Pam O'Connor led the assemblage in the Pledge of Allegiance.

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of Councilmember Genser, Items 1-B and 1-C were removed from the Consent Calendar.

Motion by Councilmember O'Connor, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar as presented except 1-B and 1-C, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Genser, Bloom, O'Connor,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Holbrook, Katz

1-A: The minutes of April 16, 2002, City Council meeting, were approved as submitted.

1-D: Retirement of Police Department Canine "Roy" - recommendation to approve the purchase of "Canine Roy" by Officer VonAchen, for the amount of $1.00, was approved.

1-E: Purchase of office furniture for Public Safety Facility - recommendation to award a purchase order to Knoll, Inc., to furnish, deliver and install office work space furnishings in the amount of $1,244,000, for the new Public Safety Facility, and approve the recommended appropriation, was approved.

1-F: Resolution No. 9789 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING REVISE THE FEE SCHEDULE FOR THE SANTA MONICA PIER CAROUSEL," and RESOLUTION NO. 9788 (CCS) ENTITLED: "A RESOLUTION OF THE CITY OF SANTA MONICA REVISING THE FEE SCHEDULE FOR THE SANTA MONICA PIER CAROUSEL," were adopted.

1-G: Request to set a public hearing on October 22, 2002, for the formation of a streetlight assessment district at Princeton Street between Montana Avenue and Washington Avenue, and Washington Avenue between Princeton Street and Harvard Street, was approved.

1-H: Recommendation to reject sole bid received for sewer rehabilitation and restoration project and authorize staff to re-advertise the project, was approved.

1-I: Public hearing and Resolution No. 9791 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT," was adopted.

1-J: Contract amendment for employee-related organizational development services - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 6942 (CCS) with Innovative Resources Consultant Group, Inc., in the amount of $164,000, to provide organizational development services to the Big Blue Bus, was approved.

1-K: Resolution No. 9792 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA IN OPPOSITION TO ASSEMBLY BILL 1839 WHICH PLACES LIMITS ON CONTRACTUAL INDEMNITY PROVISIONS OF PUBLIC WORKS DESIGN CONTRACTS," was adopted.

1-L: Waiver of bid requirements and contract award for Gas Refueling Facility - recommendation to waive bidding requirements and authorize the City Manager to negotiate and execute Contract No. 8138 (CCS) with GreenField Compressions, Inc., in the amount of $442,295, to perform additions and upgrades to Compressed Natural Gas Refueling Facility at the Santa Monica Yards, was approved.

At the request of Councilmember Genser, Items 1-B and 1-C were heard concurrently.

1-B: Purchase of one trash loader - recommendation to award Bid No. 2842, in the amount of $199,953.99, to Coastline Equipment to furnish and deliver one loader for the Environmental & Public Works Management Department, was presented.

1-C: Purchase of one refuse-hauler truck tractor - recommendation to award Bid No. 2949, in the amount of $145,572.44, to Boerner Truck Center, to furnish and deliver one truck tractor for the Environmental & Public Works Management Department.

Councilmember Genser proposed to delay action on these two items until a decision is made regarding the Transfer Station and the related needs. Staff answered questions of Council. Discussion ensued regarding the need for the equipment to be replaced and pending issues on the Transfer Station.

On order of the Mayor, the two purchases were continued to September 10, 2002.

On order of the Mayor the City Council recessed to closed sessions at 6:24 p.m., and reconvened at 7:13 p.m., to report the following action, with Councilmembers Holbrook and Katz absent.

2-A: Conference with Legal Counsel - Existing Litigation: Wayne Kohli v. City of Santa Monica, Case No. SC 067 169.

Motion by Mayor Feinstein, seconded by Councilmember O'Connor, to approve settlement in the amount of $20,000. The motion was approved by the following vote:

AYES: Councilmembers Genser, Bloom, O'Connor,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Katz, Holbrook

2-B: Conference with Legal Counsel - Existing Litigation: Mildred Teresa Hill et al., v. City of Santa Monica, Case No. SC 064 466.

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Company, Case No. 01CC4331.

ACTION: Not heard.

2-D: Conference with Legal Counsel - Existing Litigation: Volkswagen Santa Monica, Inc., v. City of Santa Monica et al., Case No. SC 069 667.

ACTION: Heard. No reportable action taken.

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

Number of cases: Four.

ACTION: Two cases heard. No reportable action taken.

8-A: Approval of modifications to the Tenant Ownership Rights

Charter Amendment (TORCA) Shared Appreciation Loan Program

Guidelines for the purpose of liberalizing underwriting standards and

streamlining application process to facilitate participation, was presented.

There was no one present for public comment.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve the modifications as presented. The motion was approved by the following vote:

AYES: Councilmembers O'Connor, Bloom, Genser,

Mayor Pro Tem McKeown, Mayor Feinstein

NOES: None

ABSENT: Councilmembers Holbrook, Katz

Councilmember Holbrook arrived at 7:24 p.m.

On order of the Mayor, Item 8-C to be heard before Item 8-B.

8-C: Approval of Big Blue Bus Service Improvements - recommendation to hold a public hearing, receive input, and authorize permanent operation of Line 4, implementation of the proposed UCLA Shuttle, and the modification to line 14, effective September 8, 2002, was presented.

Member of the public Jerry Rubin spoke in support of the project. Member of the public Greg Poirier expressed concerns regarding accidents and fatalities involving the Big Blue Bus.

Motion by Councilmember O'Connor, seconded by Mayor Pro Tem

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

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

NOES: None

ABSENT: Councilmember Katz

8-B: Red Light Photo Enforcement System at selected locations within the City of Santa Monica - recommendation to authorize the City Manager to negotiate and execute a lease agreement with Redflex Traffic Systems, in the amount of $3,204,460, for the provision and operation of automated signal enforcement equipment and for related traffic citation processing services, and approve the proposed budget changes, was presented.

The following members of the public spoke in opposition to the project:

Joey Fullmer, Bob Seldon, Art Casillas, Arthur Harris, Chuck Allord, Larry Skuce, Ellen Brennan, Michael Klein, and Jeff Sklar.

Discussion ensued regarding concerns expressed by members of the public, and on privacy, confidentiality, civil rights and enforcement issues.

Motion by Councilmember Bloom, seconded by Councilmember O'Connor, to refer the matter back to staff for further analysis and return to Council with information including, but not limited to, collision avoidance, civil liberties, maintenance of records, due process vis-a-vis the system, and constitutional rights.

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

NOES: Councilmember Holbrook, Mayor Feinstein

ABSENT: Councilmember Katz

Councilmember Holbrook stated, for the record, that he voted in opposition because he found staff's recommendation compelling, and if approved, would have improved public safety, especially driver and pedestrian safety.

Mayor Feinstein stated, for the record, that he voted in opposition because he does not believe that civil liberty concerns can be answered.

On order of the Mayor, the regular City Council meeting recessed at 8:50 p.m., and reconvened to a special joint meeting with the Housing Authority, with Councilmember Katz absent.

8-D: CC/HA: Public hearing and approval of Public Housing Agency Plan 2002-2003 - recommendation to hold a public hearing, receive public input, approve the proposed Public Housing Agency Plan, and certify compliance with the FY 2000-01 through 2004-05 Consolidated Plan, was presented.

Members of the public Joey Fullmer and Brian Hutchings spoke in support of the recommendation.

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

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

NOES: None

ABSENT: Councilmember Katz

On order of the Mayor, the special joint meeting was adjourned at 8:55 p.m., and the City Council reconvened to a joint meeting with the Redevelopment Agency, with Councilmember Katz absent.

8-E: CC/RA: Approval of one-time waiver to the Consolidated Rental Housing Trust Fund Guidelines to fund a pilot self help Homeownership Program sponsored by Habitat for Humanity, was presented.

Members of the public Brian Hutchings and Chloe Bird spoke in support of the project.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember

O'Connor, to approve recommendation. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz

On order of the Mayor, the special meeting adjourned at 9:08 p.m., and the City Council reconvened to its regular meeting with Councilmember Katz absent.

9-A: Public hearing and approval of the 2002 Stormwater Parcel Report - recommendation to hold a public hearing, receive input, and approve the 2002 Stormwater Parcel Report describing each parcel in the City and the amount of each parcel's Stormwater Management User Fee, was presented.

There was no one present for the public hearing.

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

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

NOES: None

ABSENT: Councilmember Katz

10-A: Request of the Social Services Commission that City Council adopt Resolution No. 9793 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA SUPPORTING A MORATORIUM ON THE USE OF THE DEATH PENALTY IN THE STATE OF CALIFORNIA UNTIL A STATE COMMISSION IS IMPANELED TO EVALUATE THE APPLICATION, DETERRENT VALUE AND FISCAL IMPACT OF CAPITAL PUNISHMENT," was presented.

Member of the public Chuck Allord spoke in opposition to the request.

Members of the public Christopher Calhoun, Rita Lowenthal, Joan Watson, Haim Dor Beliak Rabbi, and Jordan Susman spoke in support of the request.

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

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

NOES: Councilmember Holbrook

ABSENT: Councilmember Katz

12-A: Request from Robert E. Curtis to address Council to direct staff to amend the Municipal Code to exempt drivers of alternative fuel vehicle from depositing money in City parking meters, was presented.

Motion by Mayor Feinstein, seconded by Mayor Pro Tem McKeown, to direct staff to look at ways to identify neighborhood electric vehicles and report back to Council with options. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

12-B: Request of Don Masterson to address Council regarding Police Department policy and process, was presented.

On order of the Mayor, the information was received and filed.

13-A: Appointment to three annual vacancies on the Commission on Older Americans for terms ending June 30, 2006, and to one special vacancy for a term ending June 30, 2003.

On order of the Mayor, this matter was continued to September 10, 2002.

13-B: Appointment to two annual vacancies on the Convention & Visitors Bureau for terms ending June 30, 2006.

On order of the Mayor the floor was opened for nominations.

Mayor Feinstein nominated West Hooker for one vacancy. There being no other nominations, Mr. Hooker was unanimously appointed, with Councilmember Katz absent.

Councilmember Genser nominated Karl Buchta. Mayor Feinstein nominated David A. Moughalian. Mr. Buchta was appointed by the following vote:

Karl Buchta: Councilmembers Genser, Bloom, O'Connor, Holbrook,

Mayor Pro Tem McKeown

David Moughalian: Mayor Feinstein

Absent: Councilmember Katz

Mayor Feinstein requested to change his vote to Mr. Buchta, thereby appointing him by a unanimous vote of those present.

13-C: Appointment to one special vacancy on the Landmarks Commission for a term ending June 30, 2004.

On order of the Mayor, this matter was continued to September 10, 2002.

13-D: Appointment to one special vacancy on the Personnel Board for a term ending June 30, 2004.

On order of the Mayor, this matter was continued to September 10, 2002.

13-E: Appointment to one annual vacancy on the Social Services Commission for a term ending June 30, 2006.

On order of the Mayor, the floor was opened for nominations.

Mayor Feinstein nominated Hasan Karwa. Mayor Pro Tem McKeown nominated Brian Andrews. Mr. Andrews was appointed by the following vote:

Hasan Karwa: Councilmember Holbrook, Mayor Feinstein

Brian Andrews: Councilmembers O'Connor, Bloom, Genser,

Mayor Pro Tem McKeown

Absent: Councilmember Katz

At the end of the vote Councilmember Holbrook requested to change his vote for Mr. Andrews, thereby appointing him by a 5-1 vote.

13-F: Appointment to one 2001 annual vacancy on the Building & Safety Commission for a term ending June 30, 2005.

On order of the Mayor, this matter was continued to September 10, 2002.

13-G: Appointment to one annual vacancy on the Airport Commission for a term ending June 30, 2006.

On order of the Mayor, the floor was opened for nominations.

Councilmember Genser nominated Ofer Grossman. There being no other nominations, Mr. Grossman was appointed by acclamation, with Councilmember Katz absent.

13-H: Appointment to one special vacancy on the Housing Commission for a term ending June 30, 2003. (Continued from July 23, 2002.)

On order of the Mayor, this matter was continued to September 10, 2002.

13-I: Appointment to two annual vacancies on the Architectural Review Board for terms ending June 30, 2006. (Continued from July 23, 2002.)

On order of the Mayor, this matter was continued to September 10, 2002.

13-J: Acceptance of Tricia Ramos' letter of resignation from the Commission on the Status of Women, and recommendation to authorize the City Clerk to publish the vacancy.

Motion by Mayor Feinstein, seconded by Councilmember Bloom, to accept the letter with regret, and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

13-K: Request of Councilmember Bloom that staff take all appropriate actions to avoid any adverse consequence to the residents of the City of Santa Monica that might flow from the City of Los Angeles plan for "no-expansion" at Los Angeles International Airport, was presented.

Motion by Councilmember Bloom, seconded by Councilmember O'Connor, to approve request. Motion to amend by Mayor Pro Tem McKeown, to add to the motion the protection of neighborhoods. The motion was unanimously approved by voice vote, with Councilmember Katz absent.

13-L: Request of Councilmembers O'Connor and Bloom to direct staff to develop and recommend methods, including ordinances, to limit number, size, frequency, duration, etc., of feeding programs held in public parks and public spaces and make recommendations on related aspects that allow for reasonable provision of social services for homeless individuals and also identify methods that discourage unacceptable social behaviors, was presented.

The following members of the public spoke in opposition to the request: Jerry Rubin, Pro Se, J. Santos Chang, James Mason, Zed Null, Len Doucette, Randy Wallberger, Vic Gottman, Ron Taylor, Patrick O'Rourke, Maria Fadli, Moira La Mountain, Kenneth McCrae, Theresa Lee Jeffers, Luis Pina, David Bush, Linda Armstrong, Paul Hortobagi.

The following members of the public spoke in support of the request: Paul Dale, Steven Meltzer, Ann Greenspun, Michael Gruning, Kathy Dodson, Chuck Allord, Kathleen Rawson, John Maceri, A. Holcomb and Ellen Brennan.

Motion by Councilmember O'Connor, seconded by Councilmember Bloom, to approve request, clarifying the phrase ". . . including ordinances regarding feeding programs held in public parks and public spaces, for example to limit number, size . . ." The motion was approved by the following vote:

AYES: Councilmembers Holbrook, O'Connor, Bloom, Genser

NOES: Mayor Pro Tem McKeown, Mayor Feinstein

ABSENT: Councilmember Katz

Mayor Pro Tem McKeown stated, for the record, that there are many ways to protect the community and an ordinance outlawing feeding the poor may or may not be one of them, but having that as part of the direction makes him feel uncomfortable.

Mayor Feinstein stated, for the record, that he takes the issues seriously but believes it is irresponsible to move on this direction without having the annual report and analysis from staff, prior to taking that direction.

Members of the public Pro Se and Ann McHugh expressed various concerns.

On order of the Mayor, the City Council meeting was adjourned at 12:27 a.m. to September 10, 2002, in memory of Francis Chick Hearn.

ATTEST: Maria M. Stewart, City Clerk

APPROVED: Michael Feinstein, Mayor