CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 24, 2001
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:29 p.m., on Tuesday, April 24, 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 7:04 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 5:29 p.m., with Councilmember Holbrook absent. Assistant City Manager Gordon Anderson 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: Pro Se, Joy Fullmer.
At the request of Councilmember Katz, item 1-A 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 except Item 1-A, reading resolutions and ordinances by title only and waiving further reading thereof. 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
1-A: Approval of minutes of the February 13, February 20, and February 27, 2001, City Council meetings.
Councilmember Katz advised he had removed this item from the Consent Calendar because he was not present at the time.
Motion by Councilmember McKeown, seconded by Councilmember O=Connor, to approve the minutes as submitted. The motion was approved by voice vote, with Councilmember Katz abstaining and Councilmember Holbrook absent.
1-B: Earthquake Recovery Resolution - Resolution No. 9643 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY,@ was adopted.
1-C: Computerized Maintenance Management System for water, wastewater and storm water utilities - recommendation to authorize the City Manager to negotiate and execute an amendment to contract with Hansen Information Technologies, Inc., in the amount of $30,767 for a new total of $135,487, for software and support services for computerized maintenance management system, was approved.
1-D: Approval of A Celebrate America Concert Program fireworks display on June 30, 2001 B recommendation to approve request from Santa Monica College to include Fireworks in their 19th Annual "Celebrate America" Concert Program on June 30, 2001, was approved.
1-E: Contract amendment for additional underground storage tank management services - recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 115 (CD) with Arthur D. Little, in the amount of $179,686, to modify the fueling system at the Airport and remove underground storage tank on PCH, was approved.
1-F: Amendment to Consolidated Rental Housing Trust Fund Guidelines B recommendation to amend the Consolidated Rental Housing Trust Fund Guidelines to increase per unit and per project maximum loan/grant (subsidy) amounts for new construction project, was approved.
1-G: Commissioning Process Management Services for the Public Safety Facility - recommendation to authorize the City Manager to negotiate and execute Contract No. 7917 (CCS) with Engineering Economics, Inc., in the amount of $90,000, for management of the commissioning process for the Santa Monica Public Safety Facility, was approved.
1-H: Recommendation that Council support three consumer-oriented bills pending before the state legislature: AB 203 - Consumers= Financial Privacy Act, SB 985 B Tenants= Rights Bill, and AB 1313 - Toxic Fertilizer Prevention Act, was approved.
1-I: Environmental Impact Report (EIR) for proposed Civic Center Parking Structure B recommendation to authorize the City Manager to negotiate and execute Contract No. 7918 (CCS) with Rincon Consultants, in the amount of $205,000, to prepare an EIR for the proposed Civic Center parking structure and appropriate funding for the preparation of the report, was approved.
1-J: Resolution approving Parcel Map No. 25130 for 2618 6th Street and approval of subdivision improvement agreement B recommendation to authorize the City Manager to negotiate and execute Subdivision Improvement Agreement No. 7919 (CCS), and adopt Resolution No. 9644 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 25130 TO SUBDIVIDE PROPERTY FOR A 2-UNIT CONDOMINIUM PROJECT AT 2618 6TH STREET,@ was approved.
1-K: Second reading and adoption of Ordinance No. 2005 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4 OF THE MUNICIPAL CODE RELATING TO TENANT HARASSMENT,@ was adopted. (Introduced April 10, 2001).
1-L: Second reading and adoption of Ordinance No. 2006 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF THE MUNICIPAL CODE RELATING TO TAXICAB REGULATIONS, was adopted. (Introduced April 10, 2001).
1-M: Resolution No. 9645 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES= MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE LOCAL MISCELLANEOUS MEMBERS AND FIXING EMPLOYER=S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYERS= CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS,@ was adopted.
On order of the Mayor, the City Council recessed at 5:39 p.m., to hear closed sessions and reconvened at 6:58 p.m., with Councilmember Holbrook absent, to report the following:
2-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Administrative Team Association; Executive Pay Plan; Public Attorney=s Legal Support Staff Union; Management Team Associates; Municipal Employees Association; Public Attorneys Union; Santa Monica Firefighters Local 1109; Santa Monica Police Officers Assn; Supervisors Team Associates; United Transportation Union
ACTION: Not heard.
2-B: Conference with Legal Counsel B 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 B Existing Litigation: CALHO v. City of Santa Monica, Case No. BS 053 199.
ACTION: Heard. No reportable action taken.
2-D: Conference with Legal Counsel B Existing Litigation: Pedro Garcia v. City of Santa Monica, Case No. SC 061 283.
Motion by Councilmember Genser, seconded by Councilmember Katz, to approve settlement in the amount of $40,000. 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
2-E: Conference with Legal Counsel B Anticipated Litigation.
Number of cases: Four.
ACTION: Not heard.
2-F: 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.
Councilmember Holbrook arrived at 7:04 p.m.
7-A: Second reading and adoption of Ordinance No. 2007 (CCS) entitled: AAN 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.
Motion by Councilmember Genser, seconded by Councilmember McKeown, to adopt 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
7-B: Introduction and first reading of an ordinance amending Chapter 4 and Chapter 6
related to establishing a Community Events Code, and adopt Resolution No.
9646 entitled: A AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING
APPLICATION FEES AND NEIGHBOR NOTIFICATION FEES FOR COMMUNITY
EVENTS.
Member of the public Joey Fullmer expressed various concerns.
Motion by Councilmember Katz, seconded by Councilmember O'Connor, to introduce the
ordinance and adopt the resolution, reading by title only and waiving further reading thereof, and
amending the ordinance to the language recommended by the City Attorney as follows: On page
11, the section cited under 4.68.050(c) should have been 4.68.200; under section 4.68.102, page
16, line 2, add after Askateboard@ the phrase Aor using any other similar device;@ under section
4.68.150(b), page 21, 5th line, change Aparking lane@ to Aparking/curb lane;@ under section
4.68.190, strike the phrase Aclassified by the city as a local street@ and add on the third line, Aonly
a street classified by the city as a local street may be utilized for a block party or other similar
neighborhood event@. 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
8-A: Recommendation to Conduct a Public Hearing, Approve in Concept the Draft 2000-
2005 Housing Element for Transmittal to the State Department of Housing and
Community Development (HCD), and Direct Staff to Prepare Environmental Review.
Member of the public Chris Harding discussed issues and possible inconsistencies with the report;
members of the public Jason Parry and Chuck Allord spoke in support of the recommendation.
Motion by Councilmember McKeown, seconded by Councilmember Genser, to approve staff
recommendation amending page 6-22, program 3-D of the plan, to add the following language:
AAdvise tenants in advance of potential conversion dates and assist in answering questions from
residents of at-risk housing,@ and page 6-28, program 5-C to add second bullet to reflect:
AAssess ways to support home ownership for very low, low, moderate, and middle income
households, utilizing creative financing, government programs and grants, with full protection for
existing tenants against loss of housing.@ 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-B: This item was withdrawn prior to the posting of the agenda.
8-C: Adoption of Resolution No. 9647 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA REVISING VARIOUS PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT, AND ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT DEPARTMENT PERMIT AND USER FEES.@ Member of the public
Chuck Allord spoke in favor of enforcement and of the recommendation.
Motion by Councilmember Katz, seconded by Councilmember Genser, to adopt the resolution, 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, Mayor Feinstein
NOES: None
ABSENT: None
8-D: Status Report on Initiative Reform and recommendation to direct staff to prepare
ordinance and/or to implement an Election/Initiative Process Education Program.
Member of the public Brian Hutchings spoke in opposition to the recommendation.
Motion by Mayor Feinstein, seconded by Councilmember McKeown, to direct staff to prepare an
ordinance for Council review including staff recommendation and the following: provide options
for better disclosure, including a local requirements for filing of contributions, with a schedule
corresponding to the signature gathering cycle; analyze electronic means of communicating that
information, including comparing/contrasting the State=s method, and options to that alternative,
during the signature gathering period; look at disclosure during election cycle, once a measure is
qualified and analyze options for including the information about the top contributors in the ballot
pamphlet; within the above context, look at the issue of Afront@ groups, and if there is a Afront@
group can we look below that level and see if there are contributors to the Afront@ group; can
members of the public ask not only if signature gatherers are being paid, but is it a financial
payment or is there some other means of compensation; can members of the public ask the
amount being paid by signature or by hourly rate; analyze our options to regulate both residents v.
non-residents for the petition circulators, and regulate paid vs. volunteer circulator; can the City
require that at least a portion of the signatures be gathered by volunteers and a portion be
gathered by residents; to look at options for better coverage on CityTV and on the Web, including
possibly the five-minute option we have for candidates; and to communicate to the State Task
Force that they look at the option of their recommendations being a floor and not a ceiling, and to
allow more options for communities to fit the initiative process, the regulation of it, to the needs
of their own communities.
Motion to amend by Councilmember McKeown, to find out if the City can require that
compensation, be it monetary or non-monetary, be by means other than per signature. Motion
was accepted as friendly.
The motion, as amended, was approved by the following vote:
AYES: Councilmembers Katz, Genser, McKeown, O=Connor,
Holbrook, Mayor Pro Tem Bloom, Mayor Feinstein
NOES: None
ABSENT: None
On order of the Mayor, the City Council recessed at 9:04 p.m., and reconvened at 9:17 p.m., with
all members present.
13-A: 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.
Member of the public Carol Snider spoke in support of the request.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember McKeown, to approve request.
The motion was unanimously approved by voice vote, with all members present.
13-B: Request of Councilmember Katz to direct staff to prepare an ordinance clarifying
the definition of the terms Apedestrian friendly@ and/or Apedestrian-oriented@ as used in the
Commercial Districts.
Motion by Councilmember Katz, seconded by Councilmember Holbrook, to approve request, adding that staff look at real estate offices, optometrists= offices, and travel agents. The motion failed by the following vote:
AYES: Councilmembers Katz, Holbrook
NOES: Councilmembers Genser, McKeown, O=Connor,
Mayor Pro Tem Bloom, Mayor Feinstein
ABSENT: None
13-C: Request of Councilmember Holbrook that the City Council reconsider the matter of fluoridation of municipal drinking water. (Continued from April 10, 2001.)
The following members of the public spoke in support of the request: Marsha Epstein, Louise Jaffe, Oscar DeLa Torre, Philip Trask, Eleanor Mayer, Jane Jeffries, Anita Phillips, Tim Collins, and Paul Rosenstein.
The following members of the public spoke in opposition to the request: Terry Schiller, Paul Borraccia, John Aubuchon, Janet Allen, David Dalton, Marissa Rubin, Michele Gramet, Lawrence Teeter, Martha Fox, Lorna Crosby, Victoria Graham, Irene Eaton, Carol Snider, Jerry Rubin, Charles Kerschner, Tarik Ricara, Bruce Campbell, Randy Ziglar, Clifford Stern, Bonnie Johnstone, Ellen Baker, Maria Rechnitzer, Don Kidson, and Marguerite Eaton.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem Bloom, to approve request and direct staff to return to Council with this matter at the earliest convenience. The motion was approved by the following vote:
AYES: Councilmembers Holbrook, O=Connor, Katz, Mayor Pro
Tem Bloom
NOES: Councilmembers McKeown, Genser, Mayor Feinstein
ABSENT: None
13-D: Request of Mayor Pro Tem Bloom to request Council direct staff to prepare an
ordinance banning the sale of small, easily concealable handguns known as Apocket
rockets.@
On order of the Mayor, and at Mayor Pro Tem Bloom=s request, this matter was continued to
May 8, 2001.
13-E: This item was withdrawn before the council meeting agenda was posted.
Councilmember Katz was excused at 12:15 a.m.
13-F: Request of Councilmember McKeown that staff evaluate the impacts on Santa
Monica of the "Free Trade Area of the Americas" proposal, and return to Council with
recommendations for action in keeping with our community's ongoing commitments to
sustainability, economic justice and local control over local issues.
Members of the public Brian Hutchings and Bruce Campbell spoke in support of the request.
Motion by Councilmember McKeown, seconded by Mayor Feinstein, to approve request. The motion was unanimously approved by voice vote, with Councilmember Katz absent.
Councilmember Holbrook was excused at 12:20 a.m.
13-G: Request of Councilmember McKeown that Council take certain positions on SB 732,
SB 355, AB 267, AB 284, and AB 600, legislation dealing with toxic mold resulting from
housing construction defects, and direct staff to take appropriate action.
Members of the public Carol Snider and Kelly Hayes Raitt, spoke in support of the request.
Motion by Councilmember McKeown, seconded by Councilmember Feinstein, to approve
request. The motion was unanimously approved by voice vote, with Councilmembers Katz and
Holbrook absent.
Councilmember Holbrook returned at 12:30 a.m.
13-H: Request of Mayor Pro Tem Bloom and Councilmember Genser that the Council
direct staff to: 1) Evaluate and return with information regarding Santa Monica College's
proposal to build a theater on the site commonly known as the "Madison School Campus"
located at 1310 11th Street. Said evaluation should include issues of environmental review
and development standards. 2) Communicate with Santa Monica College, the lessee, and
the Santa Monica-Malibu Unified School District, the lessor of the site and request that no
further regulatory, administrative, contractual or other legal action be taken pending
review by city staff. 3) Return with information recommending the best and most
appropriate means for assuring widespread public notice and discussion of the theater
proposal.
Members of the public Chuck Allord, Kelly Olsen, and Gene Gebman spoke in favor of the
request.
Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to approve the request.
The motion was unanimously approved by voice vote, with Councilmember Katz absent.
Member of the public Chuck Allord spoke in support of regulation of development during night
hours. Member of the public Brian Hutchings expressed various concerns.
On order of the Mayor, the City Council meeting was adjourned at 1:00 a.m. in memory of
Merton Davies, Michael Balkman, Everett Cattell, John Ferraro, Andrew Landy and David
Charles Jones.
APPROVED:
___________________
Michael Feinstein, Mayor
ATTEST:
___________________
Maria Stewart, City Clerk