M-4/10/2001
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.
Ro II Call:
Present:
Mayor Michael Feinstein
Mayor Pro Tern 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
CONVENEIPLEDGE 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.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendar for discussion.
Members ofthe public Joey Fullmer, Joe Weichman, Pro Se, Chuck Allord,
and Frances De La Huerta expressed concerns regarding Item I-C.
At the request of Councilmember Katz, Item 6-C was removed from the
Consent Calendar.
Motion bv Councilmember McKeown. seconded bv Councilmember
O'Connor, to approve all items on the Consent Calendar as presented, with
the exception of item l-C, "reading'resolutions and ordinances by title only
and waiving further reading thereof. The motion was approved by the
following vote:
April I 0, 200 I
MINUTES
EARTHQUAKE
RECOVERY
DISASTER AREA
MANAGEMENT BOARD
SEWER REPAIR
PROJECT
BUSINESS IMPROVE-
MENT DISTRICTS
CALIFORNIA ARTS
COUNCIL GRANT
FUNDS
AYES:
Councihnembers O'Connor, McKeown, Genser, Katz,
Mayor Pro Tern Bloom, Mayor Feinstein
None
CouncihnemberHollirook
NOES:
ABSENT:
I-A: Recommendation to approve minutes of January 9 and January
23,2001, City Council meetings, was approved.
I-B: Earthquake Recovery Resolution - Resolution No. 9641 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
I-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.
l-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.
I-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.
I-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 18th Street Arts complex to implement the granted
project, and approve proposed budget adjustments, was approved.
2
April 1 0, 2001
SELECTION OF
SUPERINTENDENT
COMMITTEE
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.
26TH STREET CORRIDOR 1-C: Crosswalk and pedestrian safety study for 26th 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.
RECESS/CLOSED
SESSIONS:
Councilmember Holbrook
arrived at 6: 15 p. m.
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 bv Councilmember O'Connor. seconded by Councilmember
McKeoID!, to approve staff recommendation. The motion was approved by
the following vote:
AYES:
Councilmembers Katz, Genser, McKeown, O'Connor,
Mayor Pro Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
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 061283.
ACTION:
Not heard.
2-B: Conference with Legal Counsel- Existing Litigation: David
Levv et at. v. City of Santa Monica, Case No. SC 063147.
ACTION
Heard. No reportable action taken.
3
April 10, 2001
SPECIAL AGENDA
ITEMS:
EARTHQUAKE
PREPAREDNESS
ORDINANCES:
ELECTIONS PROCESS
ORDINANCE
2-C: Conference with Legal Counsel- Existing Litigation: City of F~'"
Santa Monica v. Shell Oil Co.. et aI., 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 tirst reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA ADDING
VARIOUS SECTIONS CLARIFYING THE DUTIES OF T;HE 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 Tern Bloom
Mayor Feinstein
None
NOES:
ABSENT:
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:
4
April 10, 2001
AYES:
NOES:
ABSENT:
Councilmember O'Connor, Katz, Mayor Feinstein
Councilmembers Holbrook, McKeown, Genser, Mayor Pro
Tern Bloom
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.
TENANT HARASSMENT 7-B: Introduction and tirst 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 ofthe 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 $500 to$l,OOO,
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 Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
TAXICAB
REGULATIONS
7-C: Introduction and tirst 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.
5
April 10, 2001
Motion by Councilmember Genser. seconded by Councilmember Katz, to
introduce and hold first reading ofthe 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
None
None
NOES:
ABSENT:
STAFF ADMIN. ITEMS: 8-A: Analysis of short-term rental housing in Santa Monica and
SHORT-TERM HOUSING 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
1a Huerta, Michael Tarbet, Jim Butler, Monica Witt, Kelly Olsen, Annette
Del Zeppo, Arthur Harris, and Robert Rivera.
The following members ofthe public expressed their concerns regarding the
subject matter and spoke in opposition of item 13-L: Ken Kutcher, Howard
Jacobs.
MORATORIUM ON 13-L: Request of Mayor Feinstein to direct staff to prepare an
SHORT-TERM HOUSING 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 McKeo~ 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
None
None
NOES:
ABSENT:
6
AorillO. 2001
PUBLIC HEARINGS: 9-A: Public hearing for the formation of Streetlight Assessment
STREETLIGHT Districts - recommendation to open the public hearing for the formation of
ASSESSMENT DISTRICT 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 Tern 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
None
None
NOES:
ABSENT:
REPORTS OF BOARDS
AND COMMISSIONS:
SUBSIDIZED ARTIST
SPACE
IO-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 Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
RESOLUTIONS:
PREFERENTIAL
PARKING ZONE
II-A: Resolution amending Parking Zone H (Pico Boulevard, 34th
Street, Ocean Park Boulevard, and 27th 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.
7
April 10, 2001
Councilmember Katz was
excused at 12:55 a.m.
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 Tern 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 27th 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
None
Councilmember Katz
NOES:
ABSENT:
COUNCILMEMBER
ITEMS:
PIER RESTORATION
CORPORATION
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.
Mayor Feinstein was excused
at 1:40 a.m. 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.
DOMESTIC PARTNERS
RIGHTS
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 Tern Bloom, this matter was continued to Apri124,
2001.
CLARIFICATION OF 13-C: Request ofCouncilmember Katz to direct staff to prepare an
"PEDESTRIAN ordinance clarifying the definition of the terms "pedestrian friendly"
FRIENDLY" DEFINITION and/or "pedestrian-oriented" as used in the Commercial Districts.
8
April 10, 2001
SUPPORT OF STATE
LEGISLATION
FLUORIDATION OF
DRINKING WATER
On order of Mayor Pro Tern 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.
UTILITY TAX REBATE 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.
U.S. POST OFFICE
EXPANSION
Councilmember 0 'Connor
was excused at 2:06 a.m.
The following members ofthe 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.
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 6th Street, was
presented.
Member ofthe public Chuck AIlord 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.
9
April 10, 2001
TENANT PROTECTION 13-H: Request of Councilmember McKeown for Council support of r
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 specitied condominiums from certain provisions of the
Costa-Hawkins Act; and to direct staff to advocate for passage of the
measure, was presented.
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.
RESIGNATION LETTERS 13-1: 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.
RESIGNATION
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.
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.
HOUSING-RELATED
STATE LEGISLATION
13-K: Request ofCouncilmember McKeown to direct staff to research
SB 910, SB 1098 and AD 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.
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.
PUBLIC INPUT:
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
10
April 10, 2001
ADJOURNMENT:
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.
ATTEST:
k.u~~-" f\ rw- ~
Maria M. Stewart ~
City Clerk
APPROV~D:
~ 1- Y--- ,.-
..,/,,~/---
MichaeLFeinstein
Mayor
11
April 10, 2001