CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 24, 2004
A regular meeting of the
Santa Monica City Council was called to order by Mayor Bloom at 5:48 p.m., on Tuesday, February 24, 2004, at City
Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Richard Bloom
Mayor
Pro Tem McKeown
Councilmember
Ken Genser
Councilmember
Robert T. Holbrook (arrived at 7:10 p.m.)
Councilmember
Herb Katz
Councilmember
Pam O=Connor
Absent: Councilmember Michael Feinstein
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 5:48 p.m., with Councilmembers Feinstein and Holbrook
absent. City Engineer Anthony Antich 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 addressed various concerns: Members of the public R. Nortman, and Doug
Korthof spoke in opposition to Item 1-F.
Member of the public Paul Scott spoke in support of Item 1-F.
At the request of
Councilmember Katz, Item 1-F was 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-F, reading resolutions and ordinances by title only and waiving further
reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers O=Connor, Genser, Katz, Mayor Pro Tem McKeown, Mayor
Bloom
NOES: None
ABSENT: Councilmembers
Holbrook, Feinstein
MINUTES
1-A: The minutes of the January 20, 2004, City Council
meeting, were approved as submitted.
INVESTMENT POLICY
1-B: City Investment Policy, delegation of investment authority,
and resolution related to bank and brokerage accounts and transactions with the
State Local Agency Investment Fund B recommendation to approve the revised City
Investment Policy, extend the delegation of investment authority to the Finance
Director/City Treasurer, and adopt Resolution No. 9931 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING
THE ESTABLISHMENT AND USE OF BANK AND BROKERAGE ACCOUNTS AND UPDATING THE LIST
OF PERSONS AUTHORIZED TO CONDUCT TRANSACTIONS WITH THE STATE LOCAL AGENCY
INVESTMENT FUND,@ was approved.
LEASE OF WATERCRAFT
1-C: Lease of AquaTrax Personal Watercraft for Police Department
B recommendation to authorize the City Manager to
negotiate and execute a Lease Agreement No. 8323 (CCS) with American Honda
Motor for a personal watercraft for the Police Department Harbor Unit, was
approved.
LEASE - 1918 MAIN
1-D: Lease of space at 1918 Main Street B recommendation to authorize the City Manager to
negotiate and execute an Amendment to Agreement No. 8028 (CCS) with Leaping
Lounge Lizards to lease office space at 1918 Main Street, Suite 200, for the
City=s Environmental and Public Works Management
Department, was approved.
CONFLICT OF INTEREST CODE
1-E: Resolution No. 9930 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA REPEALING
RESOLUTION NUMBER 9617 (CCS) AND AMENDING THE CITY=S CONFLICT OF INTEREST CODE TO REVISE THE DESIGNATED
POSITIONS FOR WHICH STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE FILED,@ was adopted.
PIER IMPROVEMENTS
1-G: Structural improvements to the Santa Monica Municipal Pier
Roadway B recommendation to waive competitive bidding and
authorize the City Manager to negotiate and execute Contract No. 8325 (CCS)
with New Creation Builders, in the amount of $675,928, for construction of
structural improvements to the Municipal Pier roadway, was approved.
CONVENTION AND VISITORS
BUREAU - CONTRACT
1-H: Contract with Santa Monica Convention and Visitors Bureau
B recommendation to authorize the City Manager to
negotiate and execute An amendment to Contract No. 4581 (CCS) with the Santa
Monica Convention and Visitors Bureau, for a term of five years, to promote
Santa Monica as a destination and to assist visitors to the City, was approved.
MAIN LIBRARY CONSTRUCTION
1-I: Contracts for Main Library Construction Project B recommendation to authorize the City Manager to
negotiate and execute Contract No. 8327 (CCS) with Smith Emery Company, in the
amount of $416,035, for construction inspection services; Contract No. 8328
(CCS) with Engineering Economics, in the amount of $125,126, for building
commissioning services; and affirm an emergency expenditure of $382,053 to
Karcher Environmental, for cleanup of asbestos containing materials, was
approved.
HYDROGEN-POWERED FUEL
CELL VEHICLE
1-F: Hydrogen-Powered Fuel Cell Vehicle Demonstration Project B recommendation to authorize the City Manager to
negotiate and execute a contract with Southern California Air Quality
Management District (AQMD) and Toyota Motor Sales, USA for a hydrogen-powered
fuel cell vehicle demonstration project, was presented.
Councilmember Katz advised
he had removed this item from the Consent Calendar because he had great
concerns regarding the cost and felt that the tax money could be spent on
something else.
Staff responded to questions
from Councilmembers. Discussion ensued
regarding the environmental merits of the project, the contribution from Honda,
and the cost to the City under the current financial state.
Motion by Councilmember O=Connor, seconded by Mayor Bloom, to not approve the recommendation, but to direct
staff to negotiate the cost further down and return with information regarding
CEQA concerns related to the project.
The motion was approved with Councilmember Katz voting in opposition,
and with Councilmembers Feinstein and Holbrook absent.
CLOSED SESSIONS
Councilmember Holbrook
arrived at 7:10 p.m.
On order of the Mayor, the
City Council recessed at 6:10 p.m., to consider closed sessions reconvened at
7:32 p.m., with Councilmember Feinstein absent. The Mayor advised that action taken on closed sessions to be
reported at the end of the meeting.
ORDINANCES:
NOISE ORDINANCE
7-A: Second reading and adoption of Ordinance No. 2115 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE CHAPTER 4.12 REGARDING NOISE REGULATIONS,@ was presented.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Genser, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers Katz, Genser, Mayor
Pro Tem McKeown, Mayor Bloom
NOES: Councilmembers
Holbrook, O=Connor
ABSENT: Councilmember
Feinstein
USE OF STREET BANNERS
7-B: Second reading and adoption of Ordinance No. 2116 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
SECTION 4.08.500 RELATING TO THE USE OF OVER-THE-STREET BANNERS,@ was presented.
Motion by Councilmember
Katz, seconded by Councilmember O=Connor, to
adopt 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, Mayor Bloom
NOES: Mayor
Pro Tem McKeown
ABSENT: Councilmember
Feinstein
DISTRIBUTION OF FOOD ON
PUBLIC PROPERTY
7-C: Second reading and adoption of Ordinance No. 2117 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SECTIONS 5.06.010 AND 5.06.020 RELATING TO THE DISTRIBUTION OF
FOOD ON CITY PROPERTY,@ was presented.
Motion by Councilmember O=Connor, seconded by Councilmember Genser, to adopt 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, Mayor Bloom
NOES: Mayor
Pro Tem McKeown
ABSENT: Councilmember
Feinstein
Mayor Pro Tem McKeown
stated, for the record, that he voted in opposition because he believes
prohibiting distribution of food in parks should have been replaced with a more
dignified indoor feeding program linked to social services, which has not
happened.
FINANCE DIRECTOR AND RISK
MANAGER RESPONSIBILITY
7-D: Introduction and first reading of an ordinance amending
Chapter 2 of the Municipal Code clarifying the authority and responsibilities
of the Finance Director and the Risk Manager to settle disputes, was
presented.
There was no one present for
public comment.
Motion by Councilmember O=Connor, seconded by Councilmember Katz, to introduce the ordinance, reading by title only
and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Katz, Genser,
Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Feinstein
On order of the Mayor, Items
7-E and 7-F to be considered simultaneously.
UNDERGROUND
UTILITY/WIRELESS INSTALLATIONS
7-E: Introduction and first reading of an ordinance adding Chapter
7.06 to the Municipal Code regulating underground utility and wireless
telecommunications installations in the public right-of-way; and repealing
various redundant sections of Chapter 7 related to excavations, was
presented.
Councilmember Genser was
excused at 8:08 p.m.
MORATORIUM ON
UTILITY/WIRELESS INSTALLATIONS
7-F: Adoption of an Emergency Interim Ordinance No. 2118 (CCS)
entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING
A TEMPORARY MORATORIUM ON INSTALLATION OF WIRELESS COMMUNICATION FACILITIES IN
THE PUBLIC RIGHT OF WAY; AND DECLARING THE PRESENCE OF AN EMERGENCY,@ was presented.
Councilmember Genser
requested to be recused from voting on this matter because he has a client that
does business with a wireless company and constitutes a conflict of interest.
Member of the public Joey
Fullmer expressed various concerns.
Members of the public Mark
Olsen, Sharon O=Rourke, Melonie Montford, David Mielke and Frank
Uribe spoke in support of continuing the matter to allow more time for review
and comment.
Members of the public
Saundra Jacobs, Leslie Daigle and Gary Clause spoke in opposition to the
proposal. Member of the public Patrick
O=Rourke spoke regarding reception problems at his
residence.
Motion by Councilmember
Katz, seconded by Councilmember Holbrook, to continue Item 7-E to allow time for additional studies and input from
carriers. The motion was unanimously
approved by voice vote, with Councilmembers Genser and Feinstein absent.
Motion by Mayor Pro Tem
McKeown, seconded by Councilmember Katz, to adopt the interim emergency ordinance, reading by title only and
waiving further reading thereof. The
motion was approved by the following vote:
AYES: Councilmembers Katz, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Feinstein, Genser
STAFF ITEMS:
Councilmember Genser
returned at 9:28 p.m.
COUNCIL RULES
8-A: Resolution No. 9932 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA AMENDING
COUNCIL RULES AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NOS. 9414 (CCS) AND 9698 (CCS),@ was presented.
There was no one present for
public comment.
Motion by Councilmember Genser,
seconded by Councilmember O=Connor, to
adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the
following vote:
AYES: Councilmembers O=Connor, Holbrook, Genser, Katz, Mayor Pro Tem
McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Feinstein
REPORTS - BOARDS AND
COMMISSIONS:
TRAFFIC ANALYSIS
10-A: Recommendation from the Planning Commission that Council
consider an update to the City=s traffic analysis methodology and technology as part
of the Circulation Element review, was
presented by Planning Commissioner Julie Lopez Dad..
Members of the public Laurel
Roennau, Tom Cleys, and John Reynolds spoke in support of the request. Member of the public Joey Fullmer expressed
various concerns.
Motion by Councilmember
Katz, seconded by Councilmember Genser,
to direct staff to consider different approaches, set up information and study
session, and if possible, include the Planning Commission, in order to
determine the scope of the project. The
motion was approved by the following vote:
AYES: Councilmembers Katz, Genser,
Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmember
Feinstein
WRITTEN
COMMUNICATIONS:
YOUTH COMMISSION
12-A: Request from Jerry Rubin to request that Council appoint a task
force to analyze the possibility of establishing a Youth Commission, was
presented.
Member of the public Doug
Korthof spoke in support of the request.
Motion by Mayor Bloom,
seconded by Councilmember Katz, to
direct staff to return with options and costs on how to better involve youth in
community planning. The motion was
unanimously approved by voice vote, with Councilmember Feinstein absent.
Councilmember Katz was
excused at 10:54 p.m.
STUDENT PARKING
12-B: Request of Santa Monica High School students that Council
explore a long term solution to accommodate current and future parking needs
for the students, was presented.
Santa Monica High School
students and members of the public Kesha Ram, Sunil Parekh, Rebecca Beagley,
David Yapkowitz, Kelly Snyder, Bryce Maddock, Ashley Cook, Irene, Christian
Boyce, Kathryn Morea, Randi Hutchinson, Maria Loya, Barbara Filet, and Dougl
Korthof spoke in support of the request.
Discussion ensued on the
merits of the request, alternative options for transportation, environmental
issues, and the role of the School District in this matter.
On order of the Mayor, the
information was received and filed.
CNG FUELING STATION
12-C: Request of Robert Curtis to address Council regarding public
access to the Compressed Natural Gas (CNG) fueling station, and regarding
application by the City to join the Federal Department of Energy=s Clean Cities Program, was presented.
There was no one present for
public comment.
On order of the Mayor, the
information was received and filed.
COUNCIL ITEMS:
COMMISSION FOR SENIOR
COMMUNITY
13-A: Appointment to one 2002 annual vacancy on the Commission for
the Senior Community for a term ending June 30, 2006, and to one special
vacancy for a term ending June 30, 2007.
On order of the Mayor, this
matter was continued to March 9, 2004.
PERSONNEL BOARD
13-B: Appointment to one annual vacancy on the Personnel Board for a
term ending June 30, 2008, and one special vacancy for a term ending June 30,
2006.
On order of the Mayor, this
matter was continued to March 9, 2004.
LANDMARKS COMMISSION
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 March 23, 2004.
SOCIAL SERVICES
COMMISSION
13-D: Appointment to one special vacancy on the Social Services
Commission for a term ending June 30, 2007.
On order of the Mayor, this
matter was continued to March 9, 2004.
RECREATION & PARKS
COMMISSION
13-E: Appointment to one special vacancy on the Recreation and Parks
Commission for a term ending June 30, 2005.
On order of the Mayor, this
matter was continued to March 9, 2004.
PUBLIC COMMENT
Members of the public Art
Casillas and Doug Korthof addressed
issues of local concern.
CLOSED SESSIONS
On order of the Mayor, the
City Council recessed at 11:44 p.m., to discuss closed sessions and returned at
12:15 a.m., to report the following:
2-A: Conference with Legal Counsel B Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.
ACTION: Heard.
No reportable action taken.
2-B: Conference with Legal Counsel B Existing Litigation: AB Cellular LA, LLC v. City of Santa Monica, Case No. USDC
03-9129 DSF (MANx).
ACTION: Not heard.
2-C: Conference with Legal Counsel B Existing Litigation: Los Angeles SMSA, a limited partnership, dba Verizon Wireless
v. City of Santa Monica, Case No. SC 079 139.
ACTION: Not heard.
2-D: Conference with Legal Counsel B Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case
No. SC 074 683.
ACTION: Not heard.
2-E: Conference with Legal Counsel B Existing Litigation: Rita Santora v. City of Santa Monica, Case No. SC 075 063.
Motion by Councilmember O=Connor, seconded by Mayor Pro Tem McKeown, to approve settlement in the amount of
$25,000. The motion was approved by the
following vote:
AYES: Councilmembers Holbrook, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
Katz, Feinstein
2-F: Conference with Legal Counsel B Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067
899.
ACTION: Not heard.
2-G: Conference with Legal Counsel B Existing Litigation: Antonio Arias Perez and Yolanda Arias Gonzalez v. City of
Santa Monica, Case No. SC 03C01840.
Motion by Councilmember
Holbrook, seconded by Mayor Bloom,
to approve settlement in the amount of $17,446.19. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
Katz, Feinstein
2-H: Conference with Legal Counsel B Existing Litigation: Rosemary Geiger v. City of Santa Monica, Case No. SC 072
167.
Motion by Councilmember
Genser, seconded by Councilmember O=Connor, to
approve settlement in the amount of $34,236.00. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
Katz, Feinstein
2-I: Conference with Legal Counsel B Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281
367.
ACTION: Heard.
No reportable action taken.
2-J: Conference with Legal Counsel B Existing Litigation: Patricia Gordon v. City of Santa Monica, Case No. BC 286
030.
ACTION: Not heard.
2-K: Conference with Legal Counsel B Anticipated Litigation:
Number
of cases: Four.
ACTION: One case heard. No reportable action taken.
2-L: Conference with Labor Negotiator to discuss compensation.
Unrepresented
Employee: City Clerk
Motion by Mayor Bloom,
seconded by Mayor Pro Tem McKeown,
to award, on behalf of the City Council, an 8.5% annual performance bonus for
the City Clerk, for fiscal year
2001-2002 and for fiscal year 2002-2003.
The motion was approved by the following vote:
AYES: Councilmembers Holbrook, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom
NOES: None
ABSENT: Councilmembers
Katz, Feinstein
2-M: Public Employee Evaluation
Title
of Employee: City Attorney.
ACTION: Not held.
ADJOURNMENT:
On order of the Mayor, the
City Council meeting was adjourned at 12:20 a.m.
ATTEST: APPROVED:
Maria
M. Stewart Richard
Bloom
City
Clerk Mayor