M-5/8/2001
CITY OF SANTA MONICA
~
CITY COUNCIL MINUTES
MAY 8, 2001
A regular meeting of the Santa Monica City Council was called to orde~ 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.rn.)
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
CONVENE On order of the Mayor the City Council convened at 5:30 p.rn., 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.
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 Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
1
May 8, 2001
EARTHQUAKE
RESOLUTION
RECYCLING SERVICES
PARK & STREETLIGHT
IMPROVEMENT
WATER MAIN
REPLACEMENT
REPLACEMENT OF
STEEL STAIRS
COMMUNITY EVENTS
ORDINANCE
CLOSED SESSIONS:
I-A: Earthquake Recovery Resolution - Resolution No. 9648 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted.
l-B: Resolution accepting funding for Beverage Container Recycling
Services - 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.
l-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$4l2,100, for
construction of tIle Parks and Street Lighting Improvement Project, was
approved.
l-D: Water Main Replacement Project on Franklin Street, Montana
Avenue and 26th Street - 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.
l-E: Replacement of East steel stairs in Parking Structure No.5-
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.
l-F: Ordinance No. 2008 (CCS) entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 4 AND
CHAPTER 6 RELATED TO ESTABLISHING A COMMUNITY
EVENTS CODE," was adopted.
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
May 8, 2001
Councilmember Holbrook
arrived at 6:55 p.m.
SPECIAL AGENDA
ITEMS:
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: CALHO v.
City of Santa Monica, Case No. BS 053199.
ACTION:
Not heard.
2-C: Conference with Legal Counsel- Existing Litigation: Foodmaker.
Inc.. v. City of Santa Monica, Case No. SS 007 078.
ACTION:
Not heard.
2-D: Conference with Legal Counsel- Existing Litigation: V-Haul Co..
et at v. City of Santa Monica, Case No. CV 00-10225 NM (RZx).
ACTION:
Not heard.
2-E: Conference with Legal Counsel- Existing Litigation: Arthur
Smith v. City of Santa Monica, Case No. B136018.
ACTION:
Not heard.
2-F: Conference with Legal Counsel- Anticipated Litigation:
Number of Cases: Three.
ACTION: One case heard. The City Attorney reported that the "Oaks
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 ofthe measure versus its possible unconstitutionality. Staffwas
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- Claims Against the City:
Claimant: Edna Bishop, Claim No. C-01-1526.
ACTION:
Not heard.
4-A: Proclamation declaring May 2001 as Older Americans Month in
the City of Santa Monica.
3
May 8, 2001
ORDINANCES:
STREET PERFORMERS
On order ofthe Mayor, May 2001 was declared as Older Americans Month n-
in the City of Santa Monica.
7-A: Introduction and first reading of an ordinance entitled: "AN
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 Fulhner, 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 ofthe ordinance as it pertains to the
Promenade and the Transit Mall only, amended on page 3 to add the phrase
"and 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 bv Mavor Pro Tern 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:
NOES:
Councilmember Holbrook, Mayor Pro Tern Bloom
Councilmembers O'Connor, McKeown, Genser, Katz,
Mayor Feinstein
None
ABSENT:
4
May 8, 2001
UTILITY USERS TAX
REBATE
The main 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:
7-B: Introduction and first reading of an ordinance entitled: "AN
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
Tern 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:
NOES:
Councilmembers Genser, O'Connor, Mayor Pro Tern Bloom
Councilmembers Katz, McKeown, Holbrook,
Mayor Feinstein
None
ABSENT:
5
May 8. 2001
RECESS
PUBLIC HEARINGS:
STREETLIGHT
INSTALLATION
ASSESSMENT
REPORTS OF BOARDS
AND COMMISSIONS:
ARTIST DAY-STUDIO
SPACE
The main motion was approved by the following vote:
-
AYES:
NOES:
Councilmembers McKeown, Genser, Katz, Mayor Feinstein
Councilmembers Holbrook, O'Connor,
Mayor Pro Tern Bloom
None
ABSENT:
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.
9-A: Approval of certified results of Streetlight Installation Assessment
Election - 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 ofIntention No. 9650 (CCS)
entitled: "A 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 bv Mayor Pro Tern 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 Tern Bloom, Mayor Feinstein
None
None
NOES:
ABSENT:
10-A: Arts Commission recommendation to adopt the proposed meaDS
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 ofthe public spoke in support of the
recommendation. Member of the public Yossi Govren, spoke in opposition
of the recommendation.
6
May 8, 2001
WRITTEN
COMMUNICATIONS:
ALLEY PARKING
COUNCILMEMBER
DISCUSSION ITEMS:
"POCKET ROCKETS"
PARKING SOLUTIONS
Councilmembers Holbrook
and Katz were excused at
12:10 am.
FRANcmSE - WASTE
HAULERS
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
Councilmember Katz, Mayor Pro Tern Bloom
NOES:
l2-A: Request of Leroy Jamison to address Council requesting that the
City continue to allow parking in the alley between 11 tb and 12tb
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
Councilmember Holbrook, Mayor Feinstein
None
NOES:
ABSENT:
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 "pocket rockets."
At the request of Mayor Pro Tern Bloom, and on order of the Mayor, this
matter was continued to May 22, 2001.
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 McKeo~ 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.
l3-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.
Mav 8. 2001
DETERRENCE OF
VANDALISM
AFFORDABLE
DEPARTMENT STORES
SUBSIDIZED TOPICAL
FLUORIDE
PUBLIC INPUT:
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 bv 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.
l3-E: Request of Councilmember Holbrook to direct staff to define the
term "affordable 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 bv 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.
8
May 8, 2001
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 1 :07 a..ID.
to May 22,2001, in memory of Albert Eugene Stebinger.
\TTES~
-L9-~..~ ~. ~....cJr
Maria M. Stewart ~
City Clerk
/;~PR9YEp:
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p /. /. ( "- /(
Mic el Feinstein
Mayor
9
May 8, 2001