CITY OF SANTA MONICA

CITY COUNCIL MINUTES

APRIL 10, 2001

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:30 p.m., on Tuesday, April 10, 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 (arrived at 6:15 p.m.)

Councilmember Herb Katz

Councilmember Kevin McKeown

Councilmember Pam O'Connor

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 5:30 p.m., with Councilmember Holbrook absent. Councilmember McKeown 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.

Members of the public Joey Fullmer, Joe Weichman, Pro Se, Chuck Allord, and Frances De La Huerta expressed concerns regarding Item 1-C.

At the request of Councilmember Katz, Item 6-C was removed from the Consent Calendar.

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

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

NOES: None

ABSENT: Councilmember Holbrook

1-A: Recommendation to approve minutes of January 9 and January 23, 2001, City Council meetings, was approved.

1-B: Resolution No. 9641 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

1-D: Appointment of representative to the Disaster Management Area "A" Board - recommendation to approve appointment of the City's Emergency Services Coordinator as the primary voting member representing the City of Santa Monica in the Area "A" Board which includes Santa Monica, West Hollywood, Beverly Hills, and Culver City, and approve the designation of the City's Fire Department Support Services Division Chief as an alternate voting member, was approved.

1-E: Increase to contract for sewer repair project at various City locations - recommendation to increase the contingency to Contract No. 7592 (CCS) with Preussag Pipe Rehabilitation, in the amount of $41,800, for additional work required on the Sewer Project, was approved.

1-F: Fiscal administration services for the Montana Avenue, Main Street and Pico Boulevard Business Improvement Districts - recommendation to authorize the City Manager to negotiate and execute Contract Nos. 7909 and 7910 (CCS) with the Valley Economic Development Center for administration of the funds the City receives from Main Street, Montana Avenue, and with Pico Boulevard Business Improvement Districts for a one-year term, was approved.

1-G: Receipt of grant funds from California Arts Council - recommendation to authorize the City Manager to accept $139,500 in grant funds from the California Arts Council, to negotiate and execute Contract No. 7912 (CCS) with the 18^th Street Arts complex to implement the granted project, and approve proposed budget adjustments, was approved.

1-H: Recommendation to designate the City Manager to represent the City on a community advisory body regarding the selection of a new Superintendent of Schools for the Santa Monica-Malibu Unified School District, was approved.

1-C: Crosswalk and pedestrian safety study for 26^th Street Corridor - recommendation to authorize the City Manager to negotiate and execute an amendment to existing contract with Katz, Okitsu & Associates, in the amount of $44,000, to conduct the crosswalk study; authorize the City Manager to negotiate and execute an amendment to existing contract with CBM Consulting, in the amount of $45,000, to provide construction management services for the project; authorize the City Manager to negotiate and execute an amendment to existing contract with Willdan, Inc., in the amount of $55,000, to provide design services for the project; and, approve an appropriation of $144,000 from the General Fund, was presented.

Councilmember Katz requested information as to the reasons for requesting a study prior to executing the work. Staff provided information on issues of liability and standard procedure.

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

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

NOES: None

ABSENT: Councilmember Holbrook

Councilmember Holbrook arrived at 6:15 p.m.

On order of the Mayor, the City Council recessed at 6:06 p.m., to consider closed sessions and reconvened at 7:05 p.m., with all members present to report the following:

2-A: Conference with Legal Counsel - Existing Litigation: Pedro Garcia v. City of Santa Monica, Case No. SC 061 283.

ACTION: Not heard.

2-B: Conference with Legal Counsel - Existing Litigation: David Levy et al., v. City of Santa Monica, Case No. SC 063 147.

ACTION: Heard. No reportable action taken.

2-C: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Shell Oil Co., et al., Case No. 313004.

ACTION: Not heard.

2-D: Conference with Legal Counsel - Pending Litigation:

Number of Cases: Four.

ACTION: One case heard. No reportable action taken.

4-A: The Mayor presented commendations to volunteers with the Fire Department for Earthquake Preparedness-related efforts.

4-B: The Mayor declared April 2001 as Earthquake Preparedness Month in the City of Santa Monica.

7-A: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING VARIOUS SECTIONS CLARIFYING THE DUTIES OF THE CITY CLERK AND AMENDING AND ADDING VARIOUS SECTIONS CLARIFYING ELECTION PROCEDURES TO THE SANTA MONICA MUNICIPAL CODE," was presented.

Member of the public Brian Hutchings expressed concerns regarding the proposed ordinance.

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

NOES: Mayor Feinstein

ABSENT: None

Mayor Feinstein stated, for the record that he voted "no" because he did not want to move ahead without fully exploring the options of defining the term "activist" for the purposes of ballot designation.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to direct staff to investigate the definition of "activist" for purposes of ballot designations. The motion failed by the following vote:

AYES: Councilmember O'Connor, Katz, Mayor Feinstein

NOES: Councilmembers Holbrook, McKeown, Genser, Mayor Pro Tem Bloom

ABSENT: None

Motion by Mayor Feinstein, seconded to Councilmember Genser, to direct staff to provide significant public notice for a future, agendized public meeting to discuss status of campaign contributions limits, the status of local, and possible options for modifications to local legislation. The motion was unanimously approved by voice vote, with all members present.

7-B: Introduction and first reading of ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4 OF THE MUNICIPAL CODE RELATING TO TENANT HARASSMENT," was presented.

The following members of the public spoke in support of the proposed ordinance with added protections: Michael Tarbet, George George, Carol Snider, Anita Phillips, Judy Rose, Colleen Byrnes, Kathleen Masser, Arlene Brack, Annette Del Zoppo, Ellen Brennan, Arthur Harris, Joann Miler, Kathy Kartiganer, Stephanie Reynolds, Andrea Zanger, Art Turnez, Quincy.

Member of the public Ed Muzika spoke in support of an ordinance with increased amounts of fines.

Motion by Mayor Feinstein, seconded by Councilmember Katz, to hold first reading of the ordinance, reading by title only and waiving further reading thereof, and amended to include an increase in the fine from $500 to$1,000, and directing staff to analyze the input received at this meeting and return with recommendations. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

7-C: Introduction and first reading of an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF THE MUNICIPAL CODE RELATING TO TAXICAB REGULATIONS," was presented.

There was no one present for public input on this matter.

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

NOES: None

ABSENT: None

8-A: Analysis of short-term rental housing in Santa Monica and recommendation to direct staff to regulate this use in the City to ensure and maintain continued development and availability of long-term housing for all economic segments. May be considered with Item 13-L.

On order of the Mayor, and with the consensus of Council, this matter was considered with item 13-L. The information contained in this report was received and filed. No formal action was taken. Formal action was taken on item 13-L, below.

The following members of the public expressed their concerns regarding the subject matter and spoke in support of item 13-L: Joey Fullmer, Frances de la Huerta, Michael Tarbet, Jim Butler, Monica Witt, Kelly Olsen, Annette Del Zeppo, Arthur Harris, and Robert Rivera.

The following members of the public expressed their concerns regarding the subject matter and spoke in opposition of item 13-L: Ken Kutcher, Howard Jacobs.

13-L: Request of Mayor Feinstein to direct staff to prepare an emergency ordinance which would impose a temporary moratorium on the permitting or construction of, or conversion to, corporate housing (sometimes called short-term rentals), and/or to direct staff to pursue other courses of action to achieve a similar effect.

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

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

NOES: None

ABSENT: None

9-A: Public hearing for the formation of Streetlight Assessment Districts - recommendation to open the public hearing for the formation of streetlight assessment districts on various streets in conformance with Proposition 218, receive public input, close the hearing, and continue the item to May 8, 2001, to receive the results of the election and take action on staff recommendations.

There being no one for public comment, the public hearing was closed.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Katz, to approve staff recommendation and continue action to May 8, 2001. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

10-A: Recommendation of the Arts Commission that Council enact an income maximum for renters of the subsidized space at the Santa Monica Airport so that space is limited to artists who are not able to afford privately owned studio space rented at market rate.

Members of the Arts Commission, Elena Allen and Greg Spotts, presented their recommendations.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve recommendations and direct staff to gather information on existing artist community, present to Arts Commission on April 16, and return to Council on April 24, 2001. The motion was approved by the following vote:

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

NOES: None

ABSENT: None

Councilmember Katz was excused at 12:55 a.m.

11-A: Resolution amending Parking Zone H (Pico Boulevard, 34^th Street, Ocean Park Boulevard, and 27^th Street) - recommendation to adopt Resolution No. 9642 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AMENDING PREFERENTIAL PARKING ZONE H BY EXTENDING THE ZONE TO ADDITIONAL ADJOINING BLOCKS," and to approve the proposed budget adjustments.

The following members of the public spoke in support of the resolution: Todd Campbell, Victor Hook, John Baron, Joe Perches, George McWhieter, Kelly Olsen, and Linda Maria Carrillo.

The following members of the public spoke against the recommendation: Susan McDonough and Bonnie Meyer.

Motion by Councilmember Genser, seconded by Mayor Pro Tem Bloom, to adopt the resolution, reading by title only and waiving further reading thereof, and amended to apply the same restrictions as Parking Zone WW to the streets bounded by Centinela, Pico, Pearl and 27^th Street, except for properties fronting on Pearl, which properties would be added to Parking Zone H. 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

Mayor Feinstein was excused at 1:40 a.m.

Mayor Feinstein announced that he had to leave the meeting for an early obligation the following morning. Mayor Pro Tem Bloom assumed the seat.

13-A: Appointment to one full term on the Pier Restoration Corporation for term ending November 10, 2004.

Motion by Councilmember Genser, seconded by Councilmember O'Connor, to continue to June 12, 2001, to allow two more pending resignations to become effective to allow Council to fill the three vacancies at one time. The motion was unanimously approved by voice vote with Councilmember Katz and Mayor Feinstein absent.

13-B: Request of Mayor Pro Tem Bloom for Council support of AB 25 (Migden) which advocates for the provision of certain rights to registered domestic partners, and to direct staff to advocate for its passage.

On order of Mayor Pro Tem Bloom, this matter was continued to April 24, 2001.

13-C: Request of Councilmember Katz to direct staff to prepare an ordinance clarifying the definition of the terms "pedestrian friendly" and/or "pedestrian-oriented" as used in the Commercial Districts.

On order of Mayor Pro Tem Bloom, this matter was continued to April 24, 2001.

13-D: Request of Councilmember McKeown for Council support of SB 993 (Figueroa) which provides for additional funding to strengthen educational curricula and raises the State reimbursement rate for state-funded child development programs, and to direct staff to advocate for passage of the measure, was presented.

Motion by Councilmember McKeown, seconded by Councilmember O'Connor, to approve request. The motion was unanimously approved by voice vote, with Councilmember Katz and Mayor Feinstein absent.

13-E: Request of Councilmember Holbrook that the City Council reconsider the matter of fluoridation of municipal drinking water.

On order of Mayor Pro Tem Bloom, this matter was continued to April 24, 2001.

13-F: Request of Councilmember Holbrook to direct staff to investigate and return with options to assure that the City does not collect utility taxes on the increase of energy rates that may severely impact the budget of residents and businesses.

The following members of the public spoke in favor of the request: Chuck Allord, Quincy, Donna Block, Don Gray, and Arthur Harris.

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

Councilmember O'Connor was excused at 2:06 a.m.

13-G: Request of Councilmember Holbrook to direct staff to confer with appropriate U.S. Post Office personnel regarding local building regulations applicable to the proposed postal facility on 6^th Street, was presented.

Member of the public Chuck Allord spoke in favor of the request.

Motion by Councilmember Holbrook, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmembers O'Connor, Katz and Mayor Feinstein absent.

13-H: Request of Councilmember McKeown for Council support of SB 985 (Kuehl) which requires disclosure of rental unit owner and manager contact information, requires timely provision of a written rental agreement, extends no fault notices to vacate from 30 to 90 days, and exempts specified condominiums from certain provisions of the Costa-Hawkins Act; and to direct staff to advocate for passage of the measure, was presented.

13-I: Acceptance of Myra Burg's letter of resignation from the Building and Safety Commission and authorization to the City Clerk to publish the vacancy.

Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve request. The motion was unanimously approved by voice vote, with Councilmembers O'Connor, Katz and Mayor Feinstein absent.

13-J: Acceptance of William A. Spurgin's letter of resignation from the Pier Restoration Corporation, and authorization to the City Clerk to publish the vacancy.

13-K: Request of Councilmember McKeown to direct staff to research SB 910, SB 1098 and AB 369, three housing-related bills currently in committee, to determine their potential effects on Santa Monica, develop alternative language where necessary, and convey the analysis and any recommended language changes to appropriate legislators by letter from the Mayor, was presented.

Member of the public Joan Miller spoke in support of civil fines for zoning enforcement violations; Art Casillas expressed concerns related to the Police Department; and Russell Bennett spoke regarding a previous request to Council regarding modification of zoning regulations for his development project.

On order of the Mayor, the City Council meeting was adjourned at 2:30 a.m., to April 24, 2001, in memory of Lionel Russell, Carlos Shephard, Evelyn Daniels, Marissa Witham, and Ori Greenberg.

APPROVED:

_____________________

Michael Feinstein, Mayor

ATTEST:

_____________________

Maria Stewart, City Clerk

Maria M. Stewart Michael Feinstein

City Clerk Mayor