M-10/9/2001
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 9, 2001
A regular meeting ofthe Santa Monica City Council was called to order by Mayor Feinstein at
5:58 p.rn., on Tuesday, October 9, 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 7:15 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
CONVENEIPLEDGE On order of the Mayor, the City Council convened at 5:58 p.m., with
Councilmember Holbrook absent. Mayor Pro Tern Bloom 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.
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 Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
MINUTES
I-A: The minutes ofthe July 24, and August 7, 2001, City Council
meetings, were approved as submitted.
1
October 9, 2001
EARTHQUAKE
RESOLUTION
GRANT FUNDS FOR
POLLUTION
PREVENTION
BRANCH LIBRARY
IMPROVEMENTS
ORGANIZATIONAL
DEVELOPMENT
SERVICES
1333 OCEAN BLVD.
CLOSED SESSIONS:
1-B: Earthquake Recovery Resolution - Resolution No. 9706 (CCS)
entitled: "A RESOLUTION OF THE CITY OFSANT A 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: Organizational Development Services for City staff-
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
October 9,2001
SPECIAL ITEMS:
ORDINANCES:
CONSTRUCTION RATE
PROGRAM
2-A: Conference with Legal Counsel- Existing Litigation: David
Levy. et al.. v. City of Santa Monica, Case No. SC 063147.
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.
3
October 9, 2001
"BUS ONLY" LANES
CAL-PERS CONTRACT
AMENDMENT
Motion by Councilmember McKeown. seconded by Mayor Pro Tern Bloom,
to adopt the ordinance, reading by title only and waiving further reading f
thereof. The motion was approved by the following vote:
AYES:
Councilmembers O'Connor, McKeown, Genser,
Mayor Pro Tern Bloom, Mayor Feinstein
Councilmember Katz
Councilmember Holbrook
NOES:
ABSENT:
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 Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
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 ofthe 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 Tern Bloom, Mayor Feinstein
None
Councilmember Holbrook
NOES:
ABSENT:
4
October 9,2001
AIRPORT NOISE
REGULATIONS
Counci/member Holbrook
arrived at 7: 15 p. m.
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.
The following members ofthe 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,
Emma1ie Hodgin, Lois Bostwick, Monica Bialas, Wendy Raebeck, Roger
Allen, Stephen Mark, Arnold Abelson, Rick Laudati, Marina Gallas, and
Philip T odin.
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 ofthe public and on the
information provided by staff.
Motion by Mayor Pro Tern 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.
5
October 9, 2001
Motion to amend by CounciImember Katz, direct staff to include education
and initial warning as part ofthe process. The motion was accepted as
friendly.
Motion to amend by CounciImember McKeown to include consistent
enforcement. The motion was accepted as friendly.
Motion to amend by CounciImember 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.
STREET PERFORMERS 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.
STAFF ADMIN. ITEMS:
BA YSIDE DISTRICT
RETAIL MIX
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
CAMPAIGN
CONTRIBUTION
LIMITS
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
6
October 9, 2001
LINCOLN CORRIDOR
TASK FORCE
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.
The Mayor opened the floor for the first nomination:
Motion bv 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 ofthe votes:
Dennis Woods:
Councilmembers Katz, Holbtook,
Mayor Feinstein
Councilmembers Genser, McKeown,
Mayor Pro Tern Bloom
Councilmember O'Connor
Dennis Clarke:
Reva Fabricant:
At the suggestion of Mayor Feinstein, and consensus ofCouncilmembers, a
second vote was taken for Mr. Woods and Mr. Clarke, as follows:
Dennis Woods:
Councilmembers Katz, Holbrook,
Mayor Feinstein
Councilmembers Genser, McKeown,
Mayor Pro Tern Bloom
Dennis Clarke:
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 Tern Bloom
voting in opposition.
7
October 9, 2001
PUBLIC HEARINGS:
HOMELESS SERVICES
PLAN
REPORTS-BOARDS
AND COMMISSIONS:
AFFORDABLE
HOUSING
WRITTEN
COMMUNICATIONS:
TRAFFIC MITIGATION
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 Mavor Feinstein. seconded bv 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 $1 000 for the event.
On order of the Mayor, this matter was continued to October 23,2001
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 4th Street with respect to the installation of
additional traffic signals along Neilson Way, was presented.
Mayor Feinstein was excused The Mayor announced that due to a conflict of interest, he was recusing
at 12:42 a.m. himself from this matter. Mayor Pro Tern 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.
8
October 9, 2001
CONSTRUCTION OF
TRANSIT MALL
Mayor Feinstein returned at
12:51 a.m.
COUNCILMEMBER
DISCUSSION ITEMS:
STATUS OF WOMEN
LANDMARKS
COMMISSION
ARTS COMMISSION
CONVENTION &
VISITORS BUREAU
ANGEL'S ATTIC
There being no other motions, on order of Mayor Pro Tern Bloom, the
information was received and filed.
12-B: Request of Norman Cohen to address Council to request that
the work plan for the sidewalk and Transit Mall east of 5th Street be
delayed to allow for reconsideration of widening of the Mall and the
sidewalks to 6th 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:
Mavor 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 $IM to
operate the museum after that time, was presented.
9
October 9, 2001
Motion by Councilmember Holbrook. seconded by Mayor Feinsteill, to
approve request. Motion was unanimously approved by voice vote, with all
Councilmembers present.
CHAIN RETAIL STORES 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.)
COUNCIL TRAVEL
FUNDS
UNEMPLOYMENT
BENEFITS
MADISON THEATRE
PROJECT
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 benefit8
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.
13-1: 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
10
October 9,2001
RENT CONTROL
CHARTER
AMENDMENT
EMERGENCY ITEM:
PUBLIC INPUT:
ADJOURNMENT:
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 bv 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.
1 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.
2. 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.
It was the consensus of Council to place the proposed resolution on the next
Council meeting agenda for adoption, and to give general direction to staff
to look into the options and possibilities of the request for patriotic street
decorations.
Member of the public Quincy addressed various issues.
On order of the Mayor, the City Council meeting was adjourned at 1:50 a.m.
to October 23,2001, in memory of Roy Eliot and Marcel Gentilon.
----cs~ _ .
.~
Maria M. Stewart.
City Clerk
11
October 9.2001