MAY 22, 2001, MINUTES

A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at 5:30 p.m., on Tuesday, May 8, 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 6:55 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.

The following members of the public addressed various items on the Consent Calendar: Joey Fullmer, Erwin Ruch, Beverly Danaloff, and Pro Se.

Motion by Councilmember Genser, seconded by Councilmember Katz, 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: Earthquake Recovery Resolution - Resolution No. 9648 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY,@ was adopted.

RECYCLING SERVICES

1-B: Resolution accepting funding for Beverage Container Recycling Services B recommendation to adopt Resolution No. 9649 (CCS) entitled: A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING FROM THE STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING FOR EXPANSION OF THE BEVERAGE CONTAINER RECYCLING PROGRAM, AND TO NEGOTIATE AND EXECUTE ANY RELATED DOCUMENTS,@ was adopted.

1-C: Park and Street Lighting Improvement Project - recommendation to authorize the City Manager to negotiate and execute Contract No. 7927 (CCS) with California Electrical Services, in the amount of $412,100, for construction of the Parks and Street Lighting Improvement Project, was approved.

1-D: Water Main Replacement Project on Franklin Street, Montana Avenue and 26^th Street B recommendation to authorize the City Manager to negotiate and execute Contract No. 7928 (CCS) with Williams Supply Company, Inc., in the amount of $1,050,042, for construction of the Water Main Replacement Project on the streets cited above; and authorize the City Manager to negotiate and execute professional services Contract No. 7929 (CCS) with DMR Team, Inc., in the amount of $97,500, for construction management services for the project, was approved.

1-E: Replacement of East steel stairs in Parking Structure No. 5 B recommendation to award design-build Contract No. 7930 (CCS) to Abrahams Construction, in the amount of $99,000, to replace the East steel stairs in Parking Structure #5, was approved.

1-F: Ordinance No. 2008 (CCS) entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4 AND CHAPTER 6 RELATED TO ESTABLISHING A COMMUNITY EVENTS CODE,@ was adopted.

CLOSED SESSIONS: (Councilmember Holbrook arrived at 6:55 p.m.)

On order of the Mayor, the City Council recessed at 5:42 p.m., to discuss closed sessions and reconvened at 7:07 p.m., with all members present to report the following action:

2-A: 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-B: Conference with Legal Counsel B Existing Litigation: CALHO v. City of Santa Monica, Case No. BS 053 199.

ACTION: Not heard.

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

ACTION: Not heard.

2-D: 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: Not heard.

2-E: Conference with Legal Counsel B Existing Litigation: Arthur Smith v. City of Santa Monica, Case No. B136018.

ACTION: Not heard.

2-F: Conference with Legal Counsel B Anticipated Litigation:  Number of Cases: Three.

ACTION: One case heard. The City Attorney reported that the AOaks Initiative,@ also known as Proposition LL and adopted by the voters last November, was discussed in terms of the City=s need to enforce the conditions of the measure versus its possible unconstitutionality. Staff was directed to agendize the matter at the next meeting, receive public input and present to Council for discussion and action.

2-G: Conference with Legal Counsel B Claims Against the City:
        Claimant: Edna Bishop, Claim No. C-01-1526.

ACTION: Not heard.

SPECIAL AGENDA ITEMS:

4-A: Proclamation declaring May 2001 as Older Americans Month in the City of Santa Monica.

On order of the Mayor, May 2001 was declared as Older Americans Month in the City of Santa Monica.

ORDINANCES: STREET PERFORMERS

7-A: Introduction and first reading of an ordinance entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO STREET PERFORMANCE REGULATIONS.@ was presented.

The following members of the public expressed their opinions and concerns regarding the proposed ordinance: Steele Smith, Joey Fullmer, Jerry Rubin, and Ned Landin.

Discussion ensued regarding the effects that the proposed ordinance will have on the Pier, on amplification levels, and on the effects of the proposed ordinance on the Transit Mall that is under construction.

Motion by Councilmember McKeown, seconded by Councilmember Katz, as a procedural motion to separate the Pier for a more comprehensive discussion later, and act only on the Promenade portion, and therefore exclude Section 6.12.060 related to the Pier and leave that portion intact. Motion unanimously approved by voice vote, with all members present.

Motion by Mayor Feinstein, seconded by Councilmember Genser, to introduce and hold first reading of the ordinance as it pertains to the Promenade and the Transit Mall only, amended on page 3 to add the phrase Aand Transit Mall@ to Section 6.112.050 as proposed by the City Attorney, direct staff to evaluate the options and recommendations made by member of the public Ned Landin, and communicate to Bayside to engage a consultant.

Substitute motion by Mayor Pro Tem Bloom, seconded by Councilmember Holbrook, for the same motion previously made by Mayor Feinstein, but adding to restrict amplification on the Transit Mall. The substitute motion failed by the following vote:

AYES: Councilmember Holbrook, Mayor Pro Tem Bloom

NOES: Councilmembers O=Connor, McKeown, Genser, Katz, Mayor Feinstein

ABSENT: None

The main 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

UTILITY USERS TAX REBATE

7-B: Introduction and first reading of an ordinance entitled: AAN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTION 6.72.180 OF THE SANTA MONICA MUNICIPAL CODE TO AUTHORIZE TEMPORARY UTILITY USER TAX REBATE DUE TO EXTRAORDINARY INCREASES IN UTILITY COSTS; RECOMMENDATION TO DIRECT STAFF TO IMPLEMENT A REBATE OF $2.812 MILLION IN ESTIMATED REVENUES RESULTING FROM EXTRAORDINARY ENERGY COST INCREASES; AND, TO DIRECT STAFF TO DETERMINE IF YEAR-END SAVINGS COULD BE USED TO ESTABLISH AN ENERGY EFFICIENCY FUND TO ASSIST RESIDENTS AND BUSINESSES,@ was presented.

The following members of the public spoke in support of approving a rebate for customers. Joey Fullmer, Chuck Allord, Don Gray, and Donna Block.

Mark Olsen, representing Southern California Edison, expressed his company=s intent to cooperate with Council=s direction.

Motion by Councilmember McKeown, seconded by Councilmember Katz, to introduce and hold first reading of the ordinance, and approve the recommended rate under option one, relinquishing $2.812 million in added revenue, and to open up a public dialogue on whether to have direct individual rebates or some aggregation of funds for community use such as parks (or something similar), and approve through the budget process.

Substitute motion by Councilmember O=Connor, seconded by Mayor Pro Tem Bloom, introduce and hold first reading, and to rebate to users 3/4 of the funds using the formula under option 3, with the remaining 1/4 of the funds to go towards supporting an energy efficiency fund program, and staff to return for clarification and modification, if necessary. The substitute motion failed by the following vote:

AYES: Councilmembers Genser, O=Connor, Mayor Pro Tem Bloom

NOES: Councilmembers Katz, McKeown, Holbrook, Mayor Feinstein

ABSENT: None

The main motion was approved by the following vote:

AYES: Councilmembers McKeown, Genser, Katz, Mayor Feinstein

NOES: Councilmembers Holbrook, O=Connor, Mayor Pro Tem Bloom

ABSENT: None

RECESS On order of the Mayor, the City Council recessed at 10:04 p.m., and reconvened at 10:20 p.m., with all members present.

PUBLIC HEARINGS:

9-A: Approval of certified results of Streetlight Installation Assessment Election B recommendation to: accept the certified results of the Streetlight Installation Assessment election; approve the formation of Assessment Districts B, C, and D; adopt a Resolution of Intention No. 9650 (CCS) entitled: AA RESOLUTION OF THE CITY OF SANTA MONICA ADVISING OF THE CITY=S INTENTION TO ASSESS PROPERTY OWNERS FOR THE CONSTRUCTION COST OF STREETLIGHT INSTALLATION IN CONFORMANCE WITH PROPOSITION 218;@ and, direct the staff proceed with the streetlighting project, was presented. (Public Hearing closed April 10, 2001.)

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Genser, to approve staff recommendation, including adoption of the resolution approving Districts B, C, and D, 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

REPORTS OF BOARDS AND COMMISSIONS:

10-A: Arts Commission recommendation to adopt the proposed means testing of artist incomes for Artist Day-Studio Space at Santa Monica Airport, and direct staff to incorporate into the lease with Santa Monica fine Arts Studios.

The following members of the public spoke in support of the recommendation. Member of the public Yossi Govren, spoke in opposition of the recommendation.

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

AYES: Councilmembers Holbrook, O=Connor, McKeown, Genser, Mayor Feinstein

NOES: Councilmember Katz, Mayor Pro Tem Bloom

12-A: Request of Leroy Jamison to address Council requesting that the City continue to allow parking in the alley between 11^th and 12^th Streets, on Michigan Avenue, north side, as has been done since 1974, was presented.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember Katz, to direct staff to analyze request and related safety issues and return to Council with recommendation. The motion was approved by the following vote:

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

NOES: Councilmember Holbrook, Mayor Feinstein

ABSENT: None

13-A: 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.@

At the request of Mayor Pro Tem Bloom, and on order of the Mayor, this matter was continued to May 22, 2001.

PARKING SOLUTIONS (Councilmembers Holbrook and Katz were excused at 12:10 am.)

13-B: Request of Mayor Feinstein to direct staff to look at parking solutions for Wilshire, Santa Monica and Pico Boulevard, including the possibility of a ballot measure in 2002 to achieve those goals, was presented.

Motion by Mayor Feinstein, seconded by Councilmember McKeown, to direct staff to look at parking solutions and to the workload necessary for the review in order to be able to include it in the Planning Department=s list of priorities during the budget considerations. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

13-C: Request of Mayor Feinstein to direct staff to analyze the possibilities of franchising commercial waste haulers in the City and return with recommendations, was presented.

Member of the public Chuck Allord, expressed his concerns regarding this matter.

Motion by Mayor Feinstein, seconded by Councilmember McKeown to approve request and direct staff to include in their report information on collection, transfer, recycling, and landfill issues. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

13-D: Request of Mayor Pro Tem Bloom to direct staff to investigate and return with recommendations regarding the implementation of a pilot program designed to deter vandalism and rid neighborhoods of graffiti by using commercially available automatic camera systems.

Motion by Mayor Pro Tem Bloom, seconded by Councilmember O=Connor, to approve request directing staff to keep in mind the need to preserve people=s rights to privacy. The motion was unanimously approved by voice vote, with Councilmembers Holbrook and Katz absent.

13-E: Request of Councilmember Holbrook to direct staff to define the term Aaffordable department stores@ and explore incentives to encourage development of the use. Incentives may include, but not be limited to, revised development standards, financial assistance, and modifications to zoning districts.

On order of the Mayor, this matter was continued to May 22, 2001.

13-F: Request of Councilmember McKeown to direct staff to investigate and quantify the cost of subsidized topical application of dental fluoride for Santa Monica children, was presented.

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

Member of the public B.A. Gray expressed concerns about the administration of the Big Blue Bus; Zeljka Ulan spoke regarding tenant issues; Art Casillas spoke regarding Police Department issues; Quincy expressed various concerns.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 1:07 a..m. to May 22, 2001, in memory of Albert Eugene Stebinger.

ATTEST: 

Maria M. Stewart
City Clerk 

APPROVED:

Michael Feinstein
Mayor