CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MARCH 6, 2001

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 7:04 p.m., on Tuesday, March 6, 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

Councilmember Kevin McKeown

Councilmember Pam O'Connor

Absent: Councilmember Herb Katz

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 7:04 p.m., with Councilmember Katz absent. Mayor Pro Tem Bloom 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.

The following members of the public addressed items on the consent calendar: Joy Fullmer, Carol Snider, Pro Se, Steven Johnson, Chuck Allord.

At the request of Councilmember Genser, Item 1-E was pulled off the Consent Calendar.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to approve all items on the Consent Calendar as presented except for Item 1-E, reading resolutions and ordinances by title only and waiving further reading thereof, and amending the minutes of November 14 as suggested by the City Clerk, for a minor clerical error. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz

1-A: The minutes of November 14, as amended, and of November 28, 2000, City Council meetings, were approved.

1-B: Resolution No. 9630 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

1-C: Recommendation to adopt Resolution No. 9631 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE APPLICATION FOR GRANT FUNDS TO RENOVATE THE OCEAN PARK BEACH PLAYGROUNDS NEAR OCEAN PARK BOULEVARD AND BARNARD WAY; AND, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS FOR ACCEPTANCE OF THE GRANT FUNDS," was adopted.

1-D: Recommendation to authorize City Manager to negotiate and execute two-year Agreement No. 7897 (CCS) with Verizon Wireless, for an amount not to exceed $100,000 per fiscal year, for cellular telephone service, was approved.

1-F: Ordinance No. 2000 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING PERMIT REQUIRE-MENTS, OPERATING CONDITIONS AND ENFORCEMENT PROVISIONS FOR VALET PARKING," was adopted. (Introduced on February 27, 2001.)

1-E: Recommendation to set a public hearing on May 22, 2001, for proposed fare changes for the Big Blue Bus.

Councilmember Genser advised he had removed this item from the Consent Calendar because he did not have enough information to take action on the recommendation and suggested a study session be held to review and explore all possible options.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to direct staff to schedule a study session at the most convenient date. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz

On order of the Mayor, the City Council to consider closed sessions at the conclusion of the action agenda items.

7-A: Second reading and adoption of Ordinance No. 2001 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.10.04.070(A) OF THE SANTA MONICA MUNICIPAL CODE ALLOWING FOR ARCHITECTURAL REVIEW BOARD MODIFICATION TO THE LANDSCAPING REQUIREMENTS FOR PAVED AREAS WHICH PROVIDE PARKING PRIMARILY FOR BUSES AND SIMILAR OVERSIZED VEHICLES," was presented. (Introduced on February 27, 2001.)

Motion by Councilmember McKeown, seconded by Mayor Pro Tem Bloom, to adopt 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, Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: Councilmember Katz

7-B: Ordinance for introduction and first reading entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9.52.010, 9.52.070, 9.52.080, 9.52.090, 9.52.120, 9.52.130, 9.52.104, 9.52.160, 9.52.200 AND 9.52.210, AND REPEALING SECTIONS 9.52.240 AND 9.52.250 OF THE CITY'S SIGN ORDINANCE," was presented.

Members of the public Chuck Allord and Joy Fullmer addressed various issues in the proposed ordinance.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to introduce the ordinance amended to include Councilmembers as having the ability to file an appeal on a decision, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT:` Councilmember Katz

7-C: Resolution of Intention to amend the contract with the Public Employees' Retirement System (PERS), and introduction and first reading of an ordinance to amend the contract - recommendation to hold a public hearing; to adopt Resolution No. 9632 (CCS) entitled: "A RESOLUTION OF INTENTION OF THE CITY OF SANTA MONICA TO APPROVE AN THE AMENDMENT TO THE CONTRACT BETWEEN THE PERS AND THE CITY OF SANTA MONICA TO PROVIDE SECTION 21354 (2% @ 55 FULL FORMULA) AND SECTION 20042 (ONE-YEAR FINAL COMPENSATION) FOR LOCAL MISCELLANEOUS MEMBERS; and, introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING A CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM," was presented.

Members of the public Chuck Allord and Joey Fullmer expressed concerns regarding the proposed action.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to introduce the ordinance for first reading and to adopt the resolution, reading both by title only and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Absent

7-D: Ordinance for introduction and first reading adding Sections 6.48.031 and 6.48.140 to the Municipal Code and amending Section 6.48.040 of the Municipal Code relating to taxicab owners and drivers.

Members of the public Chris French and Nettabai Ahmed expressed concerns regarding some regulations of the proposed ordinance.

Discussion ensued regarding the concerns expressed during public comment. It was the consensus of Council to direct staff to re-draft the language to address issues expressed by members of the public regarding the term "employer" and the length of time a drug test certificate may be valid, and to look into developing a City generated form for reporting rates. Staff directed to return on March 27, 2001.

8-A: Status Report on Summer 2000 Beach Parking Program and resolution approving Beach and Pier Parking Pricing Program - recommendation to authorize the City Manager to implement the Beach and Pier Parking Pricing Program, and to adopt Resolution No. 9633 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA INCREASING THE MAXIMUM RATE FOR THE PIER DECK LOT AND THE BEACH LOTS TO $8.00 PER DAY," was presented.

Members of the public Gary Gordon, Linda Sullivan and Joe Pipersky spoke in support of the recommendation.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember McKeown, to approve staff recommendation amended to direct staff to proceed with extension of the short-term parking by 92 spaces and to return with recommendations for the adjustments to the long-term rates, adopt the resolution reading by title only, and waiving further reading thereof. The motion was approved by the following vote:

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

NOES: None

ABSENT: Councilmember Katz

On order of the Mayor, the City Council recessed at 9:10 p.m., and reconvened at 9:21 p.m., with Councilmember Katz absent.

Councilmember Holbrook was excused at 11:00 p.m.

12-A: Request of Michael Tarbet and/or Nancy Greenstein to address Council regarding inadequate implementation of the Tenant Harassment Ordinance and inadequate code enforcement concerning habitability problems and citations, was presented.

The following members of the public spoke in support of adequate implementation of the Tenant Harassment Ordinance and code enforcement: Carol Snider, Pro Se, Chuck Allord, George George, Bianca Lahrey, Joan Miller, K.I. Jolson, J.L. Jacobson, Eugene Duffy, Jerry Rubin, Quincy, Monica Fernandez, Carol Pierce, Kathleen Masser, Donna Jensen, Beth Ingersoll, Alan Toy, Raquel Stenberg, Linda Sullivan, Pam Vavra, Maureen Mika, Lynda Lynn, Donald Lahr, Bruria Finkel, Maria Linares, Jennifer Kennedy, Jim Simmons, Annie Libenson, Jaime Nicobisen, Peter Sharma, Ellen Brennan, Diana Meier, Arthur Harris, Annette Del Zoppo, Christopher Walton, Andrew Zanger, Denise McGranahan, and Sally Molloy.

Sharon Urquahart and Deborah Kautzky spoke in support of landlords who follow the law and respect their tenants.

It was the consensus of the City Council to direct staff to analyze the concerns raised by members of the public and return with options and recommendations to address them.

13-A: Request of Mayor Pro Tem Bloom to direct staff to advocate for more Affordable Housing funding at both the State and Federal levels and authorize the Mayor to send a letter conveying the concerns and specific proposals of the Santa Monica Commission on Older Americans regarding the crisis in Affordable Housing, was presented.

Members of the public Pro Se, Victor Ludwig, Chuck Allord, and Quincy spoke in support of the request.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to approve request and notify all communities in the region of the action taken tonight. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

Member of the public Jerry Rubin spoke in support of open meetings by neighborhood groups.

On order of the Mayor, the Council recessed at 12:52 a.m., to the following closed sessions.

2-A: Conference with Legal Counsel B Existing Litigation: Foodmaker, Inc. v. City of Santa Monica, Case No. SS 007 078.

ACTION: Heard. No reportable action taken.

2-B: Conference with Legal Counsel B Existing Litigation: U-Haul Co., et al. v. City of Santa Monica, Case No. CV 00-10225 NM (Rzx).

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel B Existing Litigation: Alice Cole, et al. v. City of Santa Monica, Case No. SC 055 183.

ACTION: Heard. No reportable action taken.

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

Number of cases: Three.

ACTION: Not heard.

On order of the Mayor, the City Council meeting was adjourned at1:10 a.m., to March 27, 2001.

ATTEST: APPROVED:

Maria M. Stewart Michael Feinstein

City Clerk Mayor