M-4/24/2001
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 Tern 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
CONVENEIPLEDGE 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.
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and
approved in one motion unless removed from the calendaf for discussion.
The following members ofthe public addressed items on the Consent
Calendar: Pro Se, Joy Fullmer.
At the request ofCouncilmember Katz, item I-A 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 except
Item I-A, reading resolutions and ordinances by title only and waiving further
reading thereof. The motion was approved by the following vote:
1
April 24, 2001
AYES:
Councihnembers Katz, Genser, McKeown, O'Connor, Mayor
Pro Tern Bloom, Mayor Feinstein
NOES:
ABSENT:
None
Councihnember Holbrook
MINUTES
.
I-A: Approval of minutes of the February 13, February 20, and February 27,
200 I, City Council meetings.
Councihnember Katz advised he had removed this item from the Consent
Calendar because he was not present at the time.
Motion bv Councihnember McKeown. seconded bv Councihnember
O'Connor, to approve the minutes as submitted. The motion was approved by
voice vote, with Councihnember Katz abstaining and Councihnember
Holbrook absent.
EARTHQUAKE
RECOVERY
I-B: Eartbquake Recovery Resolution - Resolution No. 9643 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
WASTE/STORM WATER l-C: Computerized Maintenance Management System for water,
MGMT. SYSTEMS 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.
FIREWORKS DISPLAY
I-D: Approval of "Celebrate America" Concert Program fireworks
display on June 30, 2001 - 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.
UNDERGROUND
STORAGE TANK
l-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. lIS (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.
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April 24, 2001
RENTAL HOUSING
TRUST FUND
GUIDELINES
PUBLIC SAFETY
FACILITY
CONSUMER-ORIENTED
LEGISLATION
CIVIC CENTER
PARKING STRUCTURE
25130/2618 6m STREET
TENANT HARASSMENT
I-F: Amendment to Consolidated Rental Housing Trust Fund
Guidelines - 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.
I ~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.
I-H: Recommendation that Council support three consumer-oriented
bills pending before the state legislature: AB 203 - Consumers'
Financial Privacy Act, SB 985 - Tenants' Rights Bill, and AB 1313-
Toxic Fertilizer Prevention Act, was approved.
1-1: Environmental Impact Report (Em) for proposed Civic Center
Parking Structure - 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.
I-J: Resolution approving Parcel Map No. 25130 for 2618 6th Street
and approval of subdivision improvement agreement -
recommendation to authorize the City Manager to negotiate and execute
Subdivision Improvement Agreement No. 7919 (CCS), and adopt
Resolution No. 9644 (CCS) entitled: "A RESOLUTION OF THE CITY
OF SANTA MONICA APPROVING FINAL PARCEL MAP NO. 25130
TO SUBDIVIDE PROPERTY FOR A 2-UNlT CONDOMINIUM
PROJECT AT 2618 6TH STREET," was approved.
l-K: Second reading and adoption of Ordinance No. 2005 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 4 OF THE MUNICIPAL CODE
RELATING TO TENANT HARASSMENT," was adopted. (Introduced
April 10, 2001).
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April 24, 2001
TAXICAB
REGULATIONS
CITY EMPLOYEES
MEDICAL AND
HOSPITAL CARE ACT
CLOSED SESSIONS:
l-L: Second reading and adoption of Ordinance No. 2006 (CCS)
entitled: AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6 OF THE MUNICIPAL CODE
RELATING TO TAXICAB REGULATIONS, was adopted.
(Introduced April 1 0, 2001).
I-M: Resolution No. 9645 (CCS) entitled: "A 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 Councihnember 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- Existing Litigation: David
Levy. et at. v. City of Santa Monica, Case No. SC 063 147.
ACTION:
Heard. No reportable action taken.
2-C: Conference with Legal Counsel - Existing Litigation:
CALHO v. City of Santa Monica, Case No. BS 053 199.
ACTION:
Heard. No reportable action taken.
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April 24, 2001
ORDINANCES:
ELECTION
PROCEDURES
Councilmember Holbrook
arrived at 7:04 p.m.
2-D: Conference with Legal Counsel Existing Litigation: Pedro
Garcia v. City of Santa Monica, Case No. SC 061283.
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 Tern Bloom, Mayor Feinstein
NOES:
ABSENT:
None
Councilmember Holbrook
2-E: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Four.
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Existing Litigation:
Foodmaker. Inc. v. City of Santa Monica. Case No. SS 007 078.
ACTION:
Heard. No reportable action taken.
7-A: Second reading and adoption of Ordinance No. 2007 (CCS)
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.
Motion by Councilmember Genser. seconded by Councilmember McKeo~
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 Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
5
April 24, 2001
COMMUNITY EVENTS
REGULATIONS
STAFF ADMIN. ITEMS:
2000-2005 HOUSING
ELEMENT
I
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: " 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 bv 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 "skateboard" the phrase "or using any other similar
device;" under section 4.68. 150(b), page 21, 5th line, change "parking lane"
to "parking/curb lane;" under section 4.68.190, strike the phrase "classified
by the city as a local street" and add on the third line, "only 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 Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
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 bv Councilmember McKeown. seconded by Councilmember Genser,
to approve staff recommendation amending page 6-22, program 3-D ofthe
plan, to add the following language: "Advise tenants in advance of potential
conversion dates and assist in answering questions from residents of at-risk
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April 24, 2001
WITHDRAWN ITEM
ADOPTION OF USER
FEES
INITIATIVE PROCESS
REFORM
housing," and page 6-28, program 5-C to add second bullet to reflect:
"Assess 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 Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
8-B: This item was withdrawn prior to the posting of the agenda.
8-C: Adoption of Resolution No. 9647 (CCS) entitled: "A
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 Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
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 McKeo~ to
direct staff to prepare an ordinance for Council review including staff
recommendation and the following: provide options for better disclosure,
7
Aoril24.2001
RECESS
COUNCIL ITEMS:
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 includihg the information about the top contributors
in the ballot pampWet; within the above context, look at the issue of "front"
groups, and if there is a "front" group can we look below that -level and see if
there are contributors to the "front" 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 ofthe 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 oftheir 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 Councilmernber McKeo~ 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 Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
On order ofthe 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) whicb advocates for the provision of certain rights to
registered domestic partners, and to direct staff to advocate for its
passage.
8
April 24, 2001
DEFINITION OF
"PEDESTRIAN
FRIENDLY"
FLUORIDATION OF
MUNICIPAL WATER
Member of the public Carol Snider spoke in support of the request.
Motion by Mayor Pro Tern Bloom. seconded by Councilmember McKeo~
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 "pedestrian friendly"
and/or "pedestrian-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:
NOES:
Councilmembers Katz, Holbrook
Councilmembers Genser, McKeown, O'Connor,
Mayor Pro Tern Bloom, Mayor Feinstein
None
ABSENT:
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 Tern 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:
9
April 24, 2001
AYES
Councilmembers Holbrook, O'Connor, Katz, Mayor Pro
Tern Bloom
Councilmembers McKeown, Genser, Mayor Feinstein
None
NOES:
ABSENT:
CONCEALABLE
HANDGUNS
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 "pocket rockets. II
On order of the Mayor, and at Mayor Pro Tern Bloom's request, this matter
was continued to May 8, 200 I.
WITHDRAWN ITEM
13-E: This item was withdrawn before the council meeting agenda
was posted.
FREE TRADE AREA OF
THE AMERICAS
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.
Co unci/member Katz was
excused at 12:15 a.m.
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.
TOXIC MOLDIHOUSING 13-G: Request ofCouncilmember McKeown that Council take certain
CONSTRUCTION positions on SB 732, SB 355, AB 267, AB 284, and AB 600, legislation
dealing with toxic mold resulting from housing construction defects,
Counci/member Holbrook and direct staff to take appropriate action.
was excused at 12:20 a.m.
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.
10
April 24, 2001
PROPOSED THEATER
ON MADISON SCHOOL
CAMPUS
Counci/member Holbrook
returned at 12:30 a.m.
PUBLIC INPUT:
ADJOURNMENT:
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 Tern 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 ofthe 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.
~'~..h
Maria M. Stewart
City Clerk
APPROVED:
Michael Feinstein
Mayor
1
April 24, 2001