CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MARCH 25, 2003

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:46 p.m., on Tuesday, March 25, 2003, at City Council Chambers, 1685 Main Street.

Roll Call:      Present:                  Mayor Richard Bloom
                                                  Mayor Pro Tem Kevin McKeown
                                                  Councilmember Michael Feinstein
                                                  Councilmember Ken Genser
                                                  Councilmember Robert T. Holbrook (arrived at 7:05 p.m.)
                                                  Councilmember Herb Katz
                                                  Councilmember Pam O'Connor 

                    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 5:46 p.m., with Councilmember Holbrook absent. Assistant to the City Manager Mona Miyasato, 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.

Member of the public Joey Fullmer expressed various concerns. Members of the public Kirk Brungard spoke in support of Item 1-D. Member of the public Tim Creyaufmiller spoke in opposition to Item 1-B.

At the request of Councilmember Feinstein, Item 1-A was removed from the Consent Calendar. At the request of Councilmember Katz, Item 1-B was removed from the Consent Calendar. At the request of Councilmember Genser, Item 1-E was removed from the Consent Calendar.

Motion by Mayor Pro Tem McKeown, seconded to Councilmember Katz, to approve the remaining items on the Consent Calendar. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

STREET/PARKING LOT/SIDEWALK REPAIR
1-C: Street and park parking lot resurfacing and sidewalk repair project - recommendation to approve the proposed appropriation of funds and budget adjustments; authorize the City Manager to negotiate and execute Contract No. 8198 (CCS) with Security Paving Company, in the amount of $5,778,000, for construction services; and Contract No. 8199 (CCS) with Caltrop Engineering, in the amount of $455,400, for construction management services, was approved.

STREET/PARK LIGHTING PROJECT
1-D: Street and park lighting project - recommendation to authorize the City Manager to negotiate and execute Contract No. 8200 (CCS) with C.T.&F., Inc., in the amount of $780,095, for construction services for the project, was approved.

SENIOR SERVICES
1-A: Recommendation to adopt Resolution No. 9842 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING SUBMITTAL OF GRANT APPLICATION AND THE SIGNING OF CONTRACT NO. 9842 (CCS) TO PROVIDE MEAL AND TELEPHONE REASSURANCE SERVICES FOR ELDERLY PERSONS," was presented.

Councilmember Feinstein requested information regarding the impact of the economy on Los Angeles County and the effect on grant funds. Staff provided the requested information.

Motion by Councilmember Feinstein, seconded by Councilmember O'Connor, to adopt the resolution, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

PARKING STRUCTURE 7
1-B: Seismic retrofit for Parking Structure 7 - recommendation to authorize the City Manager to negotiate and execute: Contract No. 8196 (CCS) with G.B. Cooke, in the amount of $3,635,057, for construction of seismic retrofit; an amendment to Contract No. 7861 (CCS) with Black and Veatch Corporation, for Engineer-of-Record services, in an amount not to exceed $142,600; and Contract No. 8197 (CCS) with Black and Veatch Corporation, in the amount of $557,750, for construction management services for the project, was presented.

Councilmember Katz asked staff for information regarding the amount of the contingency and the contracts for Black and Veatch Corporation. Staff provided the requested information.

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to approve staff recommendation amending the total amount from $4,335,407 to $4,135,407 based on staff's report, as proposed by staff. The motion was approved by the following vote:

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

NOES: None

ABSTAIN: Councilmembers Katz, O'Connor

ABSENT: Councilmember Holbrook

PARKING CITATIONS
1-E: Parking citation processing and adjudication services - recommendation to authorize the City Manager to negotiate and execute five-year Contract No. 8201 (CCS) with ACS State and Local Solutions for parking processing and adjudication services, was presented.

Motion of Councilmember Genser, seconded by Councilmember O'Connor, to approve staff recommendation. The motion was approved by the following vote.

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

NOES: None

ABSENT: Councilmember Holbrook

RECESS:
On order of the Mayor, the City Council recessed at 6:40 p.m., to discuss closed sessions, and returned at 7:05 p.m., with Councilmember O'Connor absent. At the request of the City Attorney, the report on closed sessions to be held later in the meeting.

SPECIAL ITEMS:

4-A: The Mayor issued a Proclamation in recognition of Women's History Month.

ORDINANCES:

SHORT-TERM HOUSING
7-A: Second reading and adoption of Interim Ordinance No. 2070 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING ORDINANCE NO. 2012 (CCS) CONCERNING A MORATORIUM ON THE DEVELOPMENT OF AND CONVERSION TO SHORT-TERM HOUSING," was presented.

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

NOES: None

ABSENT: None

EMPLOYEE PHYSICAL EXAMINATIONS
7-B: Introduction and first reading of ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA TO CHANGE MUNICIPAL CODE SECTION 2.04.520 RELATING TO PHYSICAL EXAMINATIONS FOR CITY EMPLOYEES," was presented.

There was no one present for public comment.

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

NOES: None

ABSENT: None

SMOKING IN CITY PARKS
7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 4.44.040 TO THE MUNICIPAL CODE PROHIBITING SMOKING IN CITY PARKS," was presented.

Motion by Mayor Pro Tem McKeown, seconded by Mayor Bloom, to introduce the ordinance, reading by title only and waiving further reading thereof, amended to add the words "or tobacco" after the word "cigar" in Section 4.44.040 (a)(2); Amending finding "I" on page 2 to read: "Additionally, discarding cigarettes, cigar butts and tobacco onto the ground in City parks is unsightly, unclean and particularly hazardous to small children who handle them and sometimes ingest them"; amending finding "J" to read: "Moreover children and youth who observe smoking and tobacco use in public parks may model the behavior." The motion was approved by the following vote:

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

NOES: Councilmember O'Connor

ABSENT: None

Councilmember O'Connor stated, for the record, that she voted in opposition because State law in place already adequately addresses this issue.

STAFF ITEMS:

MAIN LIBRARY EXPANSION
8-A: Capital Improvement Project Deferrals to fund the Main Library Project - recommendation that Council affirm diversion of funds from specified capital projects to the Main Library expansion project, or select funds from alternative capital projects; and adopt Resolution No. 9843 (CCS)entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE CITY'S INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS," was presented.

Members of the public Jonathan Arenberg, Sherrill Kushner, and Jerry Rubin spoke in support of the recommendation. Members of the public John Petz, Frank Schwengel, and Tricia Crane spoke in opposition of the recommendation.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to defer $3.64 million in new income as follows: $1.3 million from Airport Avenue; $1.4 million from Civic Center Improvement Fund; and the $940,000 identified in staff's supplementary memo. Of these funds $520,000 to be used for park restroom improvement program; $2,096,000 for breakwater; $250,000 for Euclid Park; and the balance to restore pedestrian safety programs. The motion was approved by the following vote:

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

NOES: Councilmember Feinstein

ABSENT: None

Councilmember Feinstein stated, for the record, that although he supports the library project, he voted against the motion because Council unnecessarily gave up flexibility on capital projects that it will need at the June budget hearing. And while Council can revisit issues, Council has given unnecessary momentum to certain choices without a larger context in which to consider them.

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

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

NOES: None

ABSENT: None

AB 1412
8-B: Recommendation to authorize staff to seek inclusion of the City in AB 1412 which seeks State legislative authority to allow City voters to increase a city's sales tax rate, and advocate for passage of the bill, was presented.

There was no one present for public comment.

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

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

NOES: Councilmember Katz

ABSENT: None

WRITTEN COMMUNICATIONS:

USE OF PUBLIC FACILITIES
12-A: Request of William Thornton to ask Council to take action to prevent the interference of his participation in City public facilities for the purpose of doing research, was presented.

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

COMMISSION ON OLDER AMERICANS
13-A: Appointment to one special vacancy on the Commission on Older Americans for a term ending 
         June 30, 2003.

13-B: Appointment to one annual vacancy on the Commission on Older Americans for a term ending 
         June 30, 2006, due to a previous appointee's withdrawal from the position.

On order of the Mayor, Items 13-A and 13-B were continued to April 8, 2003.

WAIVER OF FEES
13-C: Request of Councilmember O'Connor to waive associated fees for, and authorize the City to co-sponsor with Assemblymember Pavley and Board of Equalization Chair John Chiang, a free tax seminar for nonprofit and exempt organizations to be held at Marine Park Auditorium on June 27, 2003, was presented.

Motion by Councilmember O'Connor, seconded by Councilmember Katz, to approve request. The motion was unanimously approved by voice vote, with all members present.

SB 504
13-D: Request of Councilmember Pam O'Connor that City Council support SB 504 (Kuehl) which establishes a Joint Powers Authority for the purposes of awarding and overseeing contracts for the Los Angeles to Santa Monica light rail on the Exposition Right of Way and would require a governing board of 5 voting members, was presented.

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve request. The motion was unanimously approved by voice vote, with all members present.

TENANT PROTECTION/AFFORDABLE HOUSING
13-E: Request of Mayor Pro Tem McKeown that the Santa Monica City Council support state housing and tenant protection bills SB 345 (Kuehl), SB 90 (Torlakson), AB 647 (Nunez), AB 831 (Goldberg), AB 1059 (Lieber), and SB 178 (Cedillo), and that Santa Monica's support be promptly communicated to appropriate legislators and Governor Davis, was presented.

Councilmember Holbrook requested to be excused because of a possible conflict of interest with this matter.

Councilmember Holbrook was excused at 9:46 p.m.

Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to approve request, amended to include an inquiry and follow up to assure that this action does not pre-empt the City's existing tenant-harassment law. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

Motion by Councilmember Katz, seconded by Councilmember Feinstein, to approve request. The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

CLOSED SESSIONS:
On order of the Mayor, the City Attorney reported on the following closed sessions:

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

Motion by Councilmember Katz, seconded by Councilmember Feinstein, to approve settlement from defendant ARCO to pay City $9,750,000, within 30 days of the trial court's good faith determination approving the settlement, which determination ARCO will apply for promptly. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

2-C: Conference with Legal Counsel - Anticipated Litigation:
        Number of cases: Six.

ACTION: Heard three cases. No reportable action taken on two cases. The following action was taken on the third case:

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve a settlement as follows: (1) Allow Barney's Beanery to operate the premises pursuant to CUP 93-0302 provided Barney's Beanery commences full operation of the restaurant, including alcohol service, by January 15, 2004, in accordance with the floor plan set forth in the agreement between the parties; (2) If Barney's Beanery or any successors ceases operation of a restaurant with alcohol service for a period of one year or more then, CUP 93-0302 shall be considered expired and a new CUP will be required before alcohol service can be undertaken; and (3) Barney's agrees to include specific conditions to its ABC license. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Holbrook

2-D: Conference with Legal Counsel - Existing Litigation: Action v. City of Santa Monica, Case No. 
        LASC BC 271062

ACTION: Heard. No reportable action taken.

RECESS

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

On order of the Mayor, the City Council recessed at 10:05 p.m., to continue discussion of closed sessions and reconvened at 10:20 p.m., with Councilmembers Katz and Holbrook absent to report the following actions:

CLOSED SESSIONS:
2-A: Conference with Legal Counsel - Existing Litigation: Adib Saghizadeb v. City of Santa Monica, 
        Case No. SC 070 956.

Motion by Councilmember O'Connor, seconded by Mayor Pro Tem McKeown, to approve settlement in the amount of $40,000. The motion was approved by the following vote:

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

ABSENT: Councilmembers Holbrook, Katz

NOES: None

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 10:25 p.m.

ATTEST:                                                                                                        APPROVED:
Maria M. Stewart                                                                                            Richard Bloom
City Clerk                                                                                                       Mayor