(NOT APPROVED)
CITY
COUNCIL MINUTES
SEPTEMBER 10, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:50 p.m., on Tuesday, September 10, 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 (arrived at 7:29 p.m.)
Councilmember Robert T. Holbrook (arrived at 7:15 p.m.)
Councilmember Herb Katz
Councilmember Pam O=Connor (arrived at 6:10 p.m.)
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmembers Genser, Holbrook and O=Connor absent. Mayor Pro Tem McKeown led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR:
All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Members of the public Joey Fullmer, and Brian Hutchings addressed various Consent Calendar items. Members of the public Art Casillas and Nancy Behravesh spoke in support of extending the soundwall proposed in Item 1-H.
Councilmember Bloom requested Item 1-H be removed from the Consent Calendar.
Motion by Councilmember Katz, seconded by Mayor Pro Tem McKeown, to approve all items on the Consent Calendar as presented except Item 1-H, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Bloom, Katz, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: Councilmembers Holbrook, O=Connor, Genser
MINUTES
1-A: The minutes of the June 18, 2002,
City Council meeting, were approved.
CITY-WIDE
RECYCLING
1-B: Citywide co-mingled recycling program
- recommendation to expand the existing pilot program of commingled recycling
citywide, was continued to October 8, 2002, at the request of staff.
LNG
BUSES
1-C: Contract amendment for thirty-seven
LNG-Powered Transit Buses and miscellaneous spare parts - recommendation to
authorize the City Manager to negotiate and execute an amendment to Contract
7634 (CCS) with North American Bus Industries, in the amount of $250,000, to
furnish and deliver 37 new 40-foot, low-floor, lightweight, liquid natural gas
powered buses with miscellaneous spare parts for the Big Blue Bus, was
approved.
SALE OF
USED REVOLVER
1-D: The sale of a used Smith & Wesson
revolver to retired Police Officer, was approved.
834-838
16TH STREET
1-E: Recommendation to approve Statement of
Official Action for project at 834-838 16th Street, was
approved.
LOBBYING
SERVICES
1-F: Contract for lobbying services in
Washington D.C. B recommendation to authorize the
City Manager to negotiate and execute
Contract No. 8140 (CCS) with The Ferguson Group, in the amount of
$63,600, to continue lobbying services in Washington D.C. on behalf of the
City, was approved.
BILL
S-90/HR- 1990
1-G: Resolution No. 9794 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA IN SUPPORT OF THE
ACT TO LEAVE NO CHILD BEHIND BILL (S. 940/H.R. 1990), TO ENSURE CHILDREN A
HEAD START BY PROVIDING ACCESS TO ADEQUATE CHILDCARE, HEALTH CARE, AND
EDUCATION,@ was adopted.
SEWER
PROJECT
1-I: Modification to agreements for sewer
Project 13 B recommendation to authorize the
City Manager to negotiate and execute an amendment to Contract No. 7892 (CCS),
in the amount of $125,050, with Preussag Pipe Rehabilitation, Inc., and to
Contract No. 7893 (CCS), in the amount of $88,950, with Tetra Tech Inc., for
construction of sanitary sewers in the area bounded by Pico Blvd., 4th
Street, Ocean Park Blvd. and the Easterly City limits, was approved.
HOUSING
PROGRAMS
1-J: Establishment of new maximum allowable
rents and purchase prices for the Inclusionary Housing Program and Affordable
Housing Production Program B recommendation to adopt Resolution
No. 9795 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA
MONICA ESTABLISHING MAXIMUM ALLOWABLE
RENTS AND PURCHASE PRICES FOR INCLUSIONARY HOUSING UNITS DEVELOPED UNDER THE
INCLUSIONARY HOUSING PROGRAM@; and, Resolution No. 9796 (CCS)
entitled: AA RESOLUTION OF THE CITY OF SANTA
MONICA ESTABLISHING MAXIMUM ALLOWABLE RENTS AND PURCHASE PRICES FOR ON-SITE AND
OFF-SITE AFFORDABLE UNITS DEVELOPED UNDER THE CITY=S AFFORDABLE HOUSING PRODUCTION PROGRAM.,@ was approved.
AIRPORT
HANGER LEASE
1-K: Modification to lease for hanger and
ramp space at Santa Monica Airport - recommendation to authorize the City
Manager to negotiate and execute a modification to Lease Agreement No.
7009(CCS) with Bill=s Airplane and Repair, Inc. for the
lease of hanger and ramp space at 3147 Donald Douglas Loop South at the Santa
Monica Airport, was approved.
SUSTAINABLE
WORKS GREEN TEAM
1-L: Fiscal management contract for the
Sustainable Works/Green Team Project - recommendation to authorize City
Manager to negotiate and execute Contract No. 8143 (CCS) with Community
Partners, in the amount of $150,000, to provide fiscal management of the
Sustainable Works/Green Team Project, was approved.
WATER
REBATES
1-M: New rebate programs for water efficient
devices - recommendation to authorize the City Manager to negotiate and
execute Contract Nos. 8144 and 8145 (CCS) with Metropolitan Water District of
Southern California to establish new rebate programs for water efficient
devices, was approved.
CLOVERFIELD
SOUNDWALL
Councilmember
O=Connor arrived at 6:10 p.m.
Councilmember
Bloom state he removed this matter from the Consent Calendar to ask questions
of staff based on comments made by members of the public.
1-H: Construction contracts and increase to
contingency for Cloverfield Soundwall Project B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8141 (CCS) with Peterson-Chase, in the
amount $687,025, for construction of the Cloverfield Soundwall Project;
Contract No. 8142 (CCS) with CALTROP, in the amount of $143,000, for construction
management services; and an amendment to Contract No. 7844 (CCS), in the amount
of $25,000, with W. Koo & Associates, was presented.
Staff
answered questions of Council.
Discussion ensued regarding area covered by the soundwall.
Motion
by Mayor Pro Tem McKeown, seconded by Councilmember Bloom, to approve recommendation and
direct staff to investigate other parts of the City that are affected and not
covered by the soundwall. The motion
was approved by the following vote:
AYES: Councilmembers O=Connor, Bloom, Katz, Mayor Pro Tem McKeown, Mayor
Feinstein
NOES: None
ABSENT: Councilmembers Holbrook, Genser
CLOSED
SESSIONS:
On order of
the Mayor, the City Council recessed to hear closed sessions at 6:25 p.m., and
reconvened at 7:13, with Councilmembers Holbrook and Genser absent. On order of the Mayor, the City Council will
reconvene to closed sessions again after taking action on the remaining agenda
items. Action taken on closed sessions
will be reported at the end of the meeting.
SPECIAL
ITEMS:
MTA
OPERATIONS
Councilmember
Holbrook arrived at 7:15 p.m.
4-A: Presentation by Tracy Daly, Metro
Westside/Central Service Sector General Manager of the Metropolitan
Transportation Authority, regarding
decentralization of the countywide bus operations into five geographical
service sectors, was held.
RECOGNITION
OF EMPLOYEE
4-B: Recognition of Melodi Pearson, Records
Management Coordinator, in achieving the designation of Certified Municipal
Clerk from the International Institute of Municipal Clerks, was made by
the Mayor.
ORDINANCES:
MAIN
LIBRARY BONDS
Councilmember
Genser arrived at 7:29 p.m.
7-A: Introduction and adoption of Ordinance
No. 2051 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA
MONICA SETTING FY 2002-03 TAX RATE FOR 1990 AND 2002 MAIN LIBRARY GENERAL
OBLIGATION BONDS,@ was presented.
Motion
by Councilmember Bloom, seconded by Councilmember Katz, to adopt ordinance, reading by
title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers
Holbrook, O=Connor, Bloom, Genser, Katz, Mayor
Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
STAFF
ADMIN. ITEMS:
CIVIC
CENTER PARKING STRUCTURE
8-A: Approval of conceptual design plan for
the proposed Civic Center Parking Structure and authorization to staff to
proceed with schematic design and public review process, was presented.
Motion
by Councilmember Bloom, seconded by Councilmember Katz, to approve the project in concept,
that staff consider all the comments made during the discussion, and authorize
staff to proceed with the schematic design and public review process. The motion was approved by the following vote:
AYES: Councilmembers
Katz, Genser, Bloom, O=Connor, Holbrook, Mayor Pro Tem
McKeown, Mayor Feinstein
NOES: None
ABSENT: None.
WESTSIDE
COUNCIL
8-B: Recommendation to adopt Resolution No.
9797 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA TO APPROVE, IN
CONCEPT, THE FORMATION OF WESTSIDE COUNCIL OF GOVERNMENTS INCLUDING BEVERLY
HILLS, CULVER CITY, SANTA MONICA, AND WEST HOLLYWOOD,@ was presented.
Motion
by Councilmember O=Connor, seconded by Mayor Pro Tem
McKeown, to adopt
resolution, reading by title only and waiving further reading thereof. The motion was approved by the following
vote:
AYES: Councilmembers
Holbrook, O=Connor, Bloom, Genser, Katz, Mayor
Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSENT: None
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE
11-A: Recommendation to adopt Resolution No.
9798 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA MODIFYING
PREFERENTIAL PARKING ZONE KK (17TH STREET BETWEEN COLORADO AND SANTA
MONICA; 18TH STREET BETWEEN COLORADO AND BROADWAY) ENLARGING IT TO
BE BOUNDED BY SANTA MONICA BOULEVARD, 19TH STREET, COLORADO AVENUE,
AND 14TH STREET, ELIMINATING PREFERENTIAL PARKING ZONE Y, AND
AMENDING RESOLUTION 9344 (CCS) BY REPLACING EXHIBIT A,@ was presented.
The
following members of the public spoke in support of the recommendation:
Cornelius O=Neill, Robert Leake, Marina Gregory,
Mike Quinn, and Cameron Quinn.
The
following members of the public spoke in opposition to the recommendation:
Jeanette Ryan, David Heston, and Susan Dickinson.
Motion
by Councilmember Genser, seconded by Councilmember Bloom, to adopt the resolution, reading
by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmember
Genser, Bloom, O=Connor, Holbrook, Mayor Pro Tem
McKeown, Mayor Feinstein
NOES: Councilmember Katz
ABSENT: None
Councilmember
Katz stated, for the record, that he voted in opposition for the reasons he
stated earlier, mainly that preferential parking is not the answer and is not
going to resolve the residents= problems, but aggravate the whole
situation, including the problem between businesses and residential.
COUNCIL
ITEMS:
COMMISSION
ON OLDER AMERICANS
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, the floor was opened for nominations.
Councilmember
Bloom nominated the
two incumbents Melva Heinsohn and Jane Sure.
There being no other nominations, the two incumbents were appointed by
acclamation.
On order of
the Mayor, the remaining two vacancies were continued to October 8, 2002.
LANDMARKS
COMMISSION
13-B: Appointment to one special vacancy on the
Landmarks Commission for a term ending June 30, 2004.
On order of
the Mayor, this item was continued to October 22, 2002.
PERSONNEL
BOARD
13-C: Appointment to one special vacancy on the
Personnel Board for a term ending June 30, 2004.
On order of
the Mayor, this item was continued to September 24, 2002.
BLDG.
& SAFETY
13-D: Appointment to one 2001 annual vacancy on
the Building & Safety Commission for a term ending June 30, 2005.
On order of
the Mayor, the floor was opened for nominations.
Councilmember
Katz nominated
Michael Ishler. There being no other
nominations, Mr. Ishler was appointed by acclamation with all Councilmembers
present.
HOUSING
COMMISSION
13-E: Appointment to one special vacancy on the
Housing Commission for a term ending June 30, 2003.
On order of
the Mayor, the floor was opened for nominations.
Mayor
Pro Tem McKeown
nominated Allan Tainsky. There being no
other nominations, Mr. Tainsky was appointed by acclamation.
ARB
13:F: Appointment to two annual vacancies on
the Architectural Review Board for terms ending June 30, 2006.
On order of
the Mayor, the floor was opened for nominations.
Councilmember
Genser nominated
Rodolfo Alvarez. Councilmember Holbrook
nominated William Adams. Mr. Alvarez
was appointed by the following vote:
Mr. Alvarez: Councilmembers O=Connor, Bloom, Genser, Mayor Pro Tem
McKeown, Mayor Feinstein
Mr. Adams: Councilmembers Holbrook, Katz
Councilmember
Katz nominated
William Adams. Councilmembers Genser
nominated Tania Fischer. Mr. Adams was
appointed by the following vote:
Mr. Adams: Councilmembers Holbrook, O=Connor, Katz, Mayor Feinstein
Ms. Fisher: Councilmembers Bloom, Genser, Mayor Pro Tem McKeown
Councilmember
Bloom requested to change his vote to Mr. Adams changing the final vote to:
Mr. Adams: Councilmembers Holbrook, O=Connor, Katz, Bloom Mayor Feinstein
Ms. Fisher: Councilmembers Genser, Mayor Pro Tem McKeown
DISABILITIES
COMMISSION
13-G: Initial appointments to eleven seats on
the Disabilities Commission (with two terms ending June 30, 2003, three terms
ending June 30, 2004, three terms ending June 30, 2005, and three terms ending
June 30, 2006) and appointment of Council staff liaison was presented.
The
following members of the public spoke in support of the recommendation: Pro Se,
Richard Hilton, Joseph Paolucci, Jennie Scheer, Libi Warren, Jerry Rubin.
On order of
the Mayor, Councilmembers stated their nominees for the selection of 11 members. The nominees, and the vote for each nominee,
were as follows:
Nominee Votes
Carol Agate 7
Christopher Arroyo 7
Elizabeth
Bancroft 7
Amy Boersma 5
Elizabeth
Bogen 7
Samuel
Genensky 7
Lynda
Hall 1
Jonathan
Harber 3
Richard
Hilton 5
Peter
Kazeminejad 3
Julie Klein 5
Christopher
Knauf 7
Nanci
Linke-Ellis 2
Audrey
Parker 7
Kecia
Weller 4
Based on
the above vote, the 11 nominees that received a majority vote were thereby
appointed to the Disability Commission with the consensus that the appointees
will determine their own terms by lot at their initial organizational meeting,
with the exception of Ms. Weller who requested an initial one-year term.
Discussion
ensued as to the appointment of Council Liaisons to the new Commission. It was the consensus of Council to appoint
temporary liaisons. Mayor Feinstein and
Councilmember Katz volunteered for the temporary positions, and there being no
other volunteers, were appointed.
STATUS
OF WOMEN COMMISSION
13-H: Appointment to one special vacancy on the
Commission on the Status of Women for a term ending June 30, 2003.
On order of
the Mayor, this matter was continued to September 24, 2002.
RESIGNATION
13-I: Acceptance of Margot Alofsin=s letter of resignation from the
Landmarks Commission, and recommendation to authorize the City Clerk to publish
the vacancy.
Member of
the public Jerry Rubin expressed his appreciation for Ms. Alofsin=s work.
Motion
by Councilmember O=Connor, seconded by Mayor Pro Tem
McKeown, to accept
letter with regrets and authorize the publishing of the vacancy. The motion was approved by voice vote with
all members present.
PUBLIC
INPUT:
Councilmember
Genser was excused at 10:15 p.m.
Councilmember
Genser stated that due to a potential conflict of interest with one of the
speakers, he was leaving the dais.
Member of
the public Brian Hutchings expressed concern regarding the election
process. Member of the public Rob
McMullan spoke in support of installation of Sprint antennas in the public
right-of-way.
CLOSED
SESSIONS
Councilmember
Katz was excused at 10:35 p.m.
On order of
the Mayor, the City Council recessed to continue discussion of closed sessions
at 10:23 p.m., and reconvened at 10:50 p.m., with Councilmember Katz absent, to
report the following action taken:
2-A: Conference with Legal Counsel B Existing Litigation: John Biel v. City of Santa Monica, et al.,
Case No. SC 064 724.
ACTION: Heard.
No reportable action taken.
2-B: Conference with Legal Counsel B Existing Litigation: Kenneth Ward v. City of Santa Monica,
Case No. SC 066 122.
Motion
by Councilmember Bloom, seconded by Councilmember O=Connor, to approve s settlement in the
amount of $27,500. The motion was
approved by the following vote:
AYES: Councilmembers Bloom, O=Connor,
Holbrook, Mayor Pro Tem McKeown, Mayor Feinstein
NOES: None
ABSTAIN: Councilmember Genser
ABSENT: Councilmember Katz
2-C: Conference with Legal Counsel B Existing Litigation: In re:
Adelphia Communications Corporation, et al., Case No. 02-41729.
ACTION: Heard.
No reportable action taken.
2-D: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Shell Oil Co.,
Case No. 01CC04331.
ACTION: Heard.
No reportable action taken.
2-E: Conference with Legal Counsel B Existing Litigation: Department of Water and Power, ex rel.
Armenta v. James Jones Company, et al., Case No. BC 173 487.
ACTION: Heard.
No reportable action taken.
2-F: Conference with Legal Counsel B Existing Litigation: Scott Blagman v. City of Santa Monica,
Case No. BC 260 129.
Motion
by Councilmember Bloom, seconded by Councilmember O=Connor, to approve settlement in the
amount of $135,000. The motion was
approved by the following vote:
AYES: Councilmembers
Genser, Bloom, O=Connor, Mayor Pro Tem McKeown, Mayor
Feinstein
NOES: Councilmember Holbrook
ABSENT: Councilmember Katz
2-G: Conference with Legal Counsel B Anticipated Litigation.
Number
of cases: Three.
ACTION: Two cases heard. No reportable action taken on one case.
Motion
by Councilmember Holbrook, seconded by Councilmember O=Connor, to accept $160,000 award from
McGuire Thomas mitigation dispute. 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
2-H: Conference with Legal Counsel B Existing Litigation: Volkswagen Santa Monica v. City of Santa
Monica, Case No. SC 069 667.
Motion
by Councilmember O=Connor, seconded by Councilmember
Holbrook, to
approve settlement in the amount of $187,500.
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
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 10:54 p.m. to September 24, 2002, in memory of John (Jack) G. Hinds, Jr., Margot Polkinghorn and all who lost their lives in the terrorist attacks of September 11, 2001.
ATTEST: APPROVED:
Maria M. Stewart Michael Feinstein
City Clerk Mayor