CITY OF SANTA MONICA

CITY COUNCIL MINUTES

OCTOBER 9, 2001

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:58 p.m., on Tuesday, October 9, 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 7:15 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 5:58 p.m., with Councilmember Holbrook 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.

Motion by Councilmember Katz, seconded by Councilmember O'Connor, to approve all items on the Consent Calendar as presented, 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: The minutes of the July 24, and August 7, 2001, City Council meetings, were approved as submitted.

1-B: Earthquake Recovery Resolution - Resolution No. 9706 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

1-C: Resolution for grant funds for pollution prevention devices at the Santa Monica Bay - Resolution No. 9707 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING SUBMITTAL OF APPLICATION FOR CLEAN BEACHES - PROPOSITION 13 NONPOINT SOURCE PROGRAM GRANT FROM THE STATE WATER RESOURCES CONTROL BOARD, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT No. 8020 (CCS) WITH THE STATE WATER RESOURCES CONTROL BOARD TO ACCEPT $350,000 IN GRANT FUNDS TO INSTALL POLLUTION PREVENTION DEVICES ON THE SANTA MONICA PIER TO REDUCE POLLUTED URBAN RUNOFF FROM ENTERING THE SANTA MONICA BAY," was adopted.

1-D: Contract for the Branch Library Improvements - recommenda-tion to authorize the City Manager to negotiate and execute construction Contract No. 8021 (CCS) with SKS Construction, in the amount of $1,398,000, for construction of branch library improvements to the Montana, Fairview and Ocean Park Branch Libraries, was approved.

1-E: Recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 7735 (CCS), with Innovative Resources Consultant Group, in the amount of $51,000, to provide additional organizational development services for the Environmental and Public Works Management Department, was approved.

1-F: Statement of Official Action for property located at 1333 Ocean Avenue - recommendation to approve Statement of Official Action of the Landmarks Commission's decision designating the structure located at 1333 Ocean Avenue as a City Landmark, was approved.

On order of the Mayor, the City Council recessed at 6:04 p.m., to hear closed sessions. Action taken on closed sessions was reported at the conclusion of the Council meeting.

2-A: 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-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Airport Association v. City of Santa Monica, Case No. SC 059 450.

ACTION: Heard. No reportable action taken.

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

Number of cases: Five.

Motion by Councilmember Holbrook, seconded by Councilmember Katz, to settle the AMPCO System Parking matter and approve a settlement in the amount of $231,906.00. The motion was unanimously approved by voice vote, with all members present.

2-D: Conference with Legal Counsel - Existing Litigation: Santa Monica Chamber of Commerce and Daniel Ehrler v. City of Santa Monica, Case No. BS 066 516.

ACTION: Heard. No reportable action taken.

4-A: Proclamation declaring the month of October to be "Disability Awareness Month."

The following members of the public spoke in support of the proclamation: Pro Se, Jamar Schoessow, Jennie Schear, Joe de Paolucci, and Joe Natoli.

On order of the Mayor, the month of October was declared "Disability Awareness Month" in the City of Santa Monica.

7-A: Second reading and adoption of Interim Ordinance No. 2002 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING THE CONSTRUCTION RATE PROGRAM FOR MULTI-FAMILY DEVELOPMENT IN ALL MULTI-FAMILY RESIDENTIAL DISTRICTS AND THE DESIGN COMPATIBILITY PERMIT REQUIREMENT FOR THE DEVELOPMENT OF CONDOMINIUMS AND OTHER MULTI-FAMILY HOUSING," was presented.

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 O'Connor, McKeown, Genser, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: Councilmember Katz

ABSENT: Councilmember Holbrook

7-B: Second reading and adoption of an Ordinance No. 2023 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING SECTION 3.12.670 TO THE MUNICIPAL CODE RELATING TO TRANSIT MALL TRAFFIC RESTRICTIONS TO AUTHORIZE THE CREATION OF "BUS ONLY" LANES."

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, McKeown, Genser, Katz, Mayor Pro Tem Bloom, Mayor Feinstein

NOES: None

ABSENT: Councilmember Holbrook

7-C: Resolution to amend contract with CalPERS and introduction and first reading of an ordinance - recommendation to hold a public hearing and adopt Resolution No. 9708 (CCS) entitled: "A RESOLUTION OF INTENTION TO APPROVE AN THE AMENDMENT TO THE CONTRACT BETWEEN CALPERS AND THE CITY OF SANTA MONICA TO PROVIDE SECTION 21363.1 FOR LOCAL FIRE MEMBERS," and hold first reading of the ordinance authorizing the amendment to the contract.

Motion by Councilmember McKeown, seconded by Councilmember Katz, to adopt the resolution, and introduce the ordinance for first reading, reading 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

7-D: Introduction and first reading of an ordinance amending Municipal Code Sections 10.04.04.040 and 10.04.04.050 and adding Section 10.04.055 relating to Airport Regulations, pursuant to voter initiative Proposition MM and public comment received by the City Council, was presented.

Councilmember Holbrook arrived at 7:15 p.m.

The following members of the public spoke in support of the proposed ordinance: Denise Murphy, Linda Lubec, Jane Demsey, Cathy Larson, Eric Talley, Jim McGillis, Jo Levy, Charles Horwitz, Virginia White, Brad Segal, Liz Grossman, Jim Donaldson, Judith Rose, Giovanna Imbesi, Sheryl Kelo, Dan Kelo, Nina Menkes, Sharon Rubin, Edward Kutner, Tony Haig, Ila Lavant, Chuck Allord, Brett Thompson, Caroline Denyer, Gary Casselman, Don Nufford, Paul Sangstone, Mark Corbin, Julie Klein, Stephen Naftali, Catherine Andrews, Evelyn Lauchenauer, Tony Vasquez, David Klass, Robert Rigdon, Nikola Jurisic, Mary Booth, Lori Narshun, Kathy Knight, Emmalie Hodgin, Lois Bostwick, Monica Bialas, Wendy Raebeck, Roger Allen, Stephen Mark, Arnold Abelson, Rick Laudati, Marina Gallas, and Philip Todin.

The following members of the public spoke in opposition of the proposed ordinance: Krist Thabit, Scott Wardle, Michael Berger, Ron Brower, Don Nufford, Daniel Cytron, Howard Israel, Jay Becher, Bernard Harris, Jule Lamm, Joe Bates, Don Brandsen, Stephen Hofen, and Stewart Resmer.

Discussion ensued on the issues raised by members of the public and on the information provided by staff.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to introduce the ordinance for first reading, as proposed by staff, and amended to include active and steady enforcement and to begin imposing a fine at second violation.

Motion to amend by Councilmember Genser, that the language be specific as to what happens on each violation, starting with a warning, subsequent fines per additional violation of $2,000 for the second violation, $5,000 penalty for the third, $10,000 for the fourth violation, a 6-month ban from the airport for the next violation, and a permanent ban for any additional violation, with staff retaining the ability of an earlier ban of applying other penalties at their discretion. Motion accepted as friendly.

Motion to amend by Councilmember Genser, to clarify that after landing, all pilots, or their representatives, will comply with registration in an effective manner. Motion accepted as friendly.

Motion to amend by Councilmember Katz, direct staff to include education and initial warning as part of the process. The motion was accepted as friendly.

Motion to amend by Councilmember McKeown to include consistent enforcement. The motion was accepted as friendly.

Motion to amend by Councilmember Genser, to add a finding that penalties are justified because this matter adversely affects a large number of people.

After discussion, it was the consensus of the City Council that in order to allow the City Attorney to prepare the language necessitated by the amendments, that the public hearing was closed and the ordinance will return at the next Council meeting for introduction and first reading.

The motion to approve the language, as amended, was unanimously approved by voice vote, with all members present.

7-E: Introduction and first reading of an ordinance amending the Municipal Code Sections governing Street Performance and Vending, including sections on Spacing, Umbrellas, Henna Tattooing, Rotation and Penalties.

On order of the Mayor, this matter was continued to October 23, 2001.

8-A: Recommendation to approve actions proposed by the Bayside District Corporation (BDC) Board of Directors to protect and foster the appropriate mix of retail, restaurant and other uses on the Third Street Promenade; authorize staff to implement approved actions; conduct a public hearing to determine if the Bayside District Specific Plan should be amended; and, direct staff to continue to work with BDC to identify and propose additional desired strategies and actions.

(To be considered with Item 13-F.)

On order of the Mayor, this matter was continued to October 23, 2001.

8-B: Discussion of election reform including possible modifications to the City's Campaign Financing Restrictions.

On order of the Mayor, this matter was continued to October 23, 2001.

8-C Lincoln Corridor Task Force Appointments - recommendation to appoint two members of the public to serve on a Citizens' Advisory Committee to the Lincoln Corridor Task Force.

Member of the public Dennis Woods addressed Council regarding his qualification to serve on the Task Force.

Motion by Councilmember Katz, seconded by Councilmember Genser, to appoint John Catoe to the Task Force. The motion was unanimously approved by voice vote, with all Councilmembers present.

The Mayor opened the floor for the second nomination. Councilmember Katz nominated Dennis Woods. Councilmember Genser nominated Darryl Clark. Councilmember O'Connor nominated Reva Fabricant. As a result of the following vote, no one candidate received a majority of the votes:

Dennis Clarke: Councilmembers Genser, McKeown, Mayor Pro Tem Bloom

Reva Fabricant: Councilmember O'Connor

At the suggestion of Mayor Feinstein, and consensus of Councilmembers, a second vote was taken for Mr. Woods and Mr. Clarke, as follows:

Dennis Woods: Councilmembers Katz, Holbrook, Mayor Feinstein

Dennis Clarke: Councilmembers Genser, McKeown, Mayor Pro Tem Bloom

Councilmember O'Connor abstained from the vote.

Motion by Councilmember O'Connor, seconded by Mayor Feinstein, to continue the second appointment to October 23. The motion was approved by voice vote, with Councilmember Genser and Mayor Pro Tem Bloom voting in opposition.

9-A: Continued Public Hearing and approval of Fiscal Year 2000-01 Annual Review of City Coordinated Plan for Homeless Services - recommendation that City Council hold a public hearing to gain input, and approve the FY 2000-01 Annual Review of the City's Coordinated Plan for Homeless Services.

The following members of the public spoke in support of services for the homeless and the recommendation: Martin Paluso, Luis Pina, Pam Garcia, Cheri Hill, Debbie Baxter, Rachel Feldstein, David Busch, Bill Megalos, and Andrew Parker.

The following members of the public addressed concerns about problems related to homeless individuals and made suggestions on different approaches to the homeless issue: Elizabeth Rakesfare, Waher Van Buskirk, Chuck Allord, Bill Dauel, A. Holcomb, Len Doucette, John Petz, and Robin Waner.

Motion by Mayor Feinstein, seconded by Councilmember Genser, to approve staff recommendation, and to direct staff to work with all the appropriate agencies and government offices to secure cold weather shelter. The motion was unanimously approved by voice vote, with all members present.

10-A: Request to assist with funding for the Los Angeles County Forum: Affordable Housing for Seniors, and designate a representative - request from the Commission on Older Americans that City Council send a representative to the LA County Forum: Affordable Housing for Seniors and provide financial support in the amount of $1000 for the event.

On order of the Mayor, this matter was continued to October 23, 2001.

Mayor Feinstein was excused at 12:42 a.m.

12-A: Request of Kathleen Masser, Julie Lopez Dad, Bill Creber, and Cordula Ohman that staff examine replacement of crosswalks and to consider various alternatives mitigating traffic on residential streets between Ocean Avenue and 4^th Street with respect to the installation of additional traffic signals along Neilson Way, was presented.

The Mayor announced that due to a conflict of interest, he was recusing himself from this matter. Mayor Pro Tem Bloom assumed the chair.

Motion by Councilmember Katz, to approve the request and study the area as a whole, to explore options. The motion failed for lack of a second.

There being no other motions, on order of Mayor Pro Tem Bloom, the information was received and filed.

Mayor Feinstein returned at 12:51 a.m.

12-B: Request of Norman Cohen to address Council to request that the work plan for the sidewalk and Transit Mall east of 5^th Street be delayed to allow for reconsideration of widening of the Mall and the sidewalks to 6^th Street, as originally planned.

The Mayor advised that Mr. Cohen not present. At the request of Councilmember Katz, this matter to return as a Councilmember discussion item at the next meeting.

13-A: Appointment to one annual vacancy on the Commission on the Status of Women for a term ending June 30, 2005.

On order of the Mayor, this matter was continued to October 23, 2001.

13-B: Appointment to one annual vacancy on the Landmarks Commission for a term ending June 30, 2005.

On order of the Mayor, this matter was continued to October 23, 2001.

13-C: Appointment to one special vacancy on the Arts Commission for a term ending June 30, 2003. (Continued from September 11, 2001.)

On order of the Mayor, this matter was continued to October 23, 2001.

13-D: Appointment to one annual vacancy on the Convention & Visitors Bureau for a term ending June 30, 2005:

Mayor Feinstein nominated Bruce Cameron. There being no other nominations, Bruce Cameron was appointed by acclamation, with all Councilmembers present.

13-E: Request of Councilmember Holbrook that the City Council direct staff to evaluate and return to Council with recommendations regarding the offer of Jackie McMahon to: 1) move the Victorian House at 516 Colorado to a City designated site, at her expense, renting the site to her for $10/year for her lifetime or 15 years, whichever comes first; donate the lot at 516 Colorado to the City; operate the Angel's Attic at her expense, and establish an endowment of $1M to operate the museum after that time, was presented.

Motion by Councilmember Holbrook, seconded by Mayor Feinstein, to approve request. Motion was unanimously approved by voice vote, with all Councilmembers present.

13-F: Request of Mayor Feinstein to direct staff to conduct a public process , receive public comment, and return with recommendations on possible regulation of chain retail outlets in commercially-zoned districts of the City. (To be considered with Item 8-A.)

On order of the Mayor, this item was continued to October 23, 2001.

13-G: Request of Mayor Feinstein that Council authorize funds for Councilmembers to attend the "California 2001 State of the State Conference" on November 6, 2001, in Santa Monica, was presented.

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

13-H: Request of Councilmember McKeown that the City strongly urge the State of California to extend expedited unemployment benefits to all eligible tourism workers, as already extended by Governor Davis to those laid off by airlines and airports; and that the City, in cooperation with appropriate agencies, explore and encourage local relief efforts for newly unemployed Santa Monica residents and workers, was presented.

Motion by Councilmember McKeown, seconded by Mayor Feinstein, to approve request. Motion was unanimously approved by voice vote, with all Councilmembers present.

13-I: Request of Mayor Feinstein that Council appoint a representative to the Madison Advisory Group being created by Santa Monica College to promote a broad mix of views and input on the proposed Madison Theater Project.

On order of the Mayor, this matter was continued to October 23, 2001.

13-J: Request of Councilmembers Genser and McKeown to discuss timing of Council's consideration of proposed Rent Control charter amendment ballot initiative language and give direction to staff.

Motion by Councilmember Genser, seconded by Councilmember McKeown, to direct staff to return on October 23, 2001, with appropriate information and schedule deadlines for discussion of possible placement of charter amendment on the March 2002 election. The motion was approved by voice vote, with Councilmember Katz voting in opposition, and with all Councilmembers present.

Councilmembers Katz and Holbrook requested that the following items be added to the agenda as emergency items.

• Request to adopt a resolution conveying the City's full support of President Bush and of the men and women of our armed forces engaged in war against terrorism.
 
• Request that the City Council direct staff to arrange for patriotic decorations to be placed along our main East and West Streets (Montana Avenue, Wilshire Boulevard, Pico Boulevard, and Ocean Park Boulevard), along Ocean Avenue. Other City streets may be included at Staff's discretion. Request that Council also approve an appropriation, if necessary.

Discussion ensued regarding the request and the criteria needed to be considered as emergency items.