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M-1/19/1999 (2) I I I 799 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 19, 1999 A regular meetmg of the Santa Moruca CIty CouncIl was called to order by Mayor O'Connor at 6 17 pm, on Tuesday, January 19, 1999, at the Mam LIbrary AudItonum. 1343 6th Street Roll Call Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser CouncIlmember MIchael Femstem CouncIlmember Robert T Holbrook CouncIlmember KeVIn McKeown CouncIlmernber Paul Rosenstem Also Present CIty Manager John Jahh City Attorney Marsha Jones Moutne City Clerk Mana M Stewart CLOSED SESSIONS On order of the Mayor, at 6 17 P m l the CIty CouncIl adjourned to consIder the follOWIng Conference with Labor NegotiatorlLegal Counsel: 16-A CIty Labor Negotiator Karen Bancroft, Personnel Director Bargmrung Vmt Umted TransportatIon Dmon (VTU) ACTION No reportable actIon taken 16-B Brett Carr v City of Santa Moruca, U S DIstnct Court No CV 97-8765 HLH (Ex) ACTION No reportable actIon taken 16-C Santa Moruca Street Performers Group v City of Santa Mornca, Case No CV 98-7473 LGB (RNBx) ACTION No reportable actlOn taken 16-D CIty of Santa Moruca v Samuel Kardashian, Case No BC 121315 1 January 19, 1999 800 ACTION No reportable actiOn taken I RECONVENE/PLEDGE On order of the Mayor, the Ctty Councll reconvened at 7 10 pm. w1th all members present Councllmember Rosenstem led the assemblage m the Pledge of Allegiance to the Flag of the Untted States of Amenca SPECIAL AGENDA ITEMS: ST. MONICA'S HIGH SCHOOL SPECIAL JOINT MEETING BUDGET PRIORITIES CONTINUED ITEMS BUILDING & SAFETY COMMISSION 4-A COMMENDATION TO ST. MONICA'S HIGH SCHOOL I elF FOOTBALL CHAMPIONSHIP Mayor O'Connor presented a commendation to St MOnIca's Htgh School m honor of wmnmg its first eIF football champtonshIp title and on the accomphshments ofSt Mornca's Manner Football Team A contmued Spectal Jomt Meetmg of the Ctty Counct!, the Housing Authonty, the Parking Authonty, and the Redevelopment Agency was convened at 7 15 P m CCIHAIP AIRA-l BUDGET PRIORITIES/COMMUNITY DEVELOPMENT BWCK GRANTIBOME INVESTMENT PARTNERSHIP ACT PROGRAMS - FY 1999-2000 Councllmembers dlscussed budget pnonttes for Ftscal Year 1999- 2000 and for the Community Development Block Grant and Home Investment Partnerslnp Act Programs, mcludmg but not ltnnted to the homeless youth, duld care responslbllities, and 1denufymg resources for acqumng land for open space I On order of the Mayor, the SpecIal Joint Meetmg of the Counctl, Housing and Parkmg Authorities, and the Redevelopment Agency was adjourned and the regular C1ty Councll Meetmg was reconvened at 8 40 P ill 5-A APPOINTMENT TO BUILDING & SAFETY COMMISSION Member of the public Pro Se expressed hIs desrre that the person appomted to tills comrrusston have the knowledge and senSItIvIty to deal WIth people wlth msabllltles Motion by Counctlmember Holbrook to nommate Nabih Youssef, seconded by Mayor O'Connor The motion to appoint Mr Youssef for a term endmg June 30,2001, was unarumously approved by voice vote HOUSING COMMISSION 5-B APPOINTMENT TO HOUSING COMMISSION MotIOn by Mayor Pro Tern Genser, seconded by Counctlmember Feinstem, 2 I January 19, 1999 I I I 801 to contmue the appointment for SIX. months or untll Councll takes action on term limits The motion was unammously approved by VOIce vote CITY'S QUALITY OF LIFE 5-C CITY'S FUTURE, GROWTH, HOUSING AND QUALITY OF LWE Presented was the request of Kathy Kartlganer to address Councll regardmg the City's future, growth, housmg and quahty of hfe Issues The following members of the pubhc discussed the City's future, growth, housing and quahty ofbfe issues Chuck Allord, SylVIa Shmad, Clatre Benchtch, Cheryl Anderson, Donald Lahr, and Pro Se Bnan Hutchmgs and Joey Fullmer expressed their concerns Member of the pubhc Bill Bolt dtscussed the dangerous condltton of the City's sidewalks On order of the Mayor, the mformatIon was received and filed RECESS On order of the Mayor, the City Counet! recessed at 9 16 pm, and reconvened at 950 pm, with all members present ORDINANCES: STREET 8-A STREET PERFORMERS AND VENDORS PERFORMERS ORDINANCE Presented for mtroductlOn and first readmg was an ordtnance amendmg Chapters 6 36, 6112 and 6 116, and Section 3 12375 of the Municipal Code relatmg to street performers, vendors, and persons utthzmg tables or carts for the purpose of dlsplaymg or dlstnbutmg merchandise, goods, wntten matenals or food, or placmg objects on the pubhc Sidewalk, and recommendation to direct staff to designate locatlOns for <<free- speech vendors" on the ThIrd Street Promenade and the Santa Moruca Pier and establtsh a process for penodlcally asslgmng locations to mdtvidual vendors and supplemental report On order of the Mayor, the pubhc heanng was opened The followmg members of the public spoke Joy Fullmer expressed her concerns Too Dillenbeck requested that performance hours on the Pier be on parity with those allowed on the Promenade Rara Kuyu, Aleks Wdl, and Mark Vabamakt expressed concern With current enforcement practices Barry Gordon, Roy Mayhew, Mark Courtney, Nma Annoudl, Jerry Rubin, Bruce Campbe1l, Linda Kutner, Vikki Hill, Carole Thomas, Dean Peterson, Atta, Ryan Blowers, Paul Dale, Luke Chanthadara, 3 January 19, 1999 CITY NEWSLETTERS 802 MIchael Wood, Halhenee Montgomery, Marc Mtskey, Stephanie Wilcox and Dwayne Garman spoke m support of addItional tune to I work out a comprotnlse proposal wIth other mterested parties, mcludmg local merchants and the Downtown Dlstnct board, an ongomg forum for resolvrng future dIsputes between performers and other stakeholders, a monitoring program. that stresses medIation, and longer hours between relocatlons of performers Jan Palchtkoff spoke m support of the staff recommendatlOn There bemg no further speakers, the Mayor closed the public heanng MotlOn by Councllmember Femstem, seconded by Counctlrnember McKeown, to contmue the meetmg past 11 00 P m The motion was approved by vOIce vote, Councdmember Rosenstem opposed Motion by Counctlmember Femstem, seconded by Mayor Pro Tern Genser, to contmue the remamder of tlns Item to the next earhest possible meetmg The motIon was unammously approved by voice vote 8-B DISTRIBUTION OF CITY NEWSLETTERS OR SIMILAR PRINTED LITERATURE DURING CAMPAIGNS Presented was an emergency ordinance relatIng to the distnbution of newsletters during campaIgns and declaring the presence of an emergency I On order of the Mayor, the public heanng was opened Member of the pubhc Brian Hutchings expressed his concerns There bemg no further speakers, the Mayor closed the public heanng Motion by Councilmember McKeown, seconded by Councilmember FeinsteIn. to adopt Ordinance No 1933(CCS) entitled "AN ORDINA..'1CE OF THE CITY COtJNCIL OF THE CITY OF SANTA MONICA A.J.\;1ENDING SANTA MONICA MUNICIPAL CODE SECTION 11 04 130 RELATING TO THE DISTRIBUTION OF NEWSLETTERS DURING CAMPAIGNS AND DECLARING THE PRESENCE OF A..1\J EMERGENCY:' readmg by tItle only and wmvrng further readmg thereof The motion was approved by the followmg vote Ayes Counctlmernbers F emstem., McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None I Noes 4 January 19, 1999 I I I STAFF ADMIN ITEMS TENANT HARASSMENT COUllcllmemher Rosenstem u'as excused at 1 J 30 P m SECURITY DEPOSITS/ TENANT PROTECTION 803 Absent None 9-A TENANT HARASSMENT Presented was the staff report on the Impact and enforcement of the City ordmance prolubItmg tenant harassment and recommendations on possIble reVISIons to clarify and strengthen the ordinance by an amendment to the ordmance or by placmg a charter amendment on the Apnl 1999 ballot On order of the Mayor, the publIc heanng was opened Member of the public Rosario Perry spoke in OpposItton to the recommendatIOn PatnCla Lancaster and George HIcks dIscussed matters of tenant harassment Member of the publIc Michael Tarbet advised that tlns Issue should be delayed for a short penod ofbme Derose McGranahan spoke III support of a charter amendment to address substantial breaches Motton by Counctlmember Feinstein, seconded by Councilmember McKeown. to approve request, and mclude examination of issue of good cause and situatIOns as dIscussed tomght The mol1on was approved by VOice vote wIth Councllmember Holbrook opposed and Councilmember Rosenstein absent 9-B RESIDENTIAL EVICTIONS / INTEREST PAYMENTS ON SECURITY DEPOSITS Presented was the report on a proposal to require good cause for all resldenl1al eVIctIOns and interest payments on all secunty depoSIts for reSidential rentals eIther by amendmg the murucIpal code or by placing a charter amendment on the Apnl 1999 ballot On order of the Mayor, the publIc hearing was opened Member of the public Rosano Perry dtscussed the problems associated with paymg mterest on security depOSIts There bemg no further speakers, the Mayor closed the publIc heanng Motion by Councdmember Femstem, seconded by Mayor Pro Tern Genser, to ask staff to convey Council's invitation to the Rent Control Board to reVIew the matter, that tfthe Rent Control Board proceeds WIth a process to establIsh the payment of mterest on secunty depOSIts, staff return to CouncIl WIth recommendattons for an ordmance that would apply to both controlled and non- 5 January 19, 1999 PUBLIC HEARINGS: CDBG AND HOME INVESTMENT PARTNERSHIP ACT PROGRAMS RESOLUTIONS: PREFERENTIAL PARKING ZONE 00 804 controlled umts The motion was unarumously approved by vOIce I vote, Councllmember Rosenstein absent 10-A PUBLIC HEARING FOR APPROVAL OF AMENDMENT TO THE CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSmP ACT (HOME) PROGRAMS Presented was the public heanng to receive mput and recommendation to approve an amendment to the Consolidated Plan, as required by the U S Department of Housmg and Urban Development On order of the Mayor, the public heanng was opened Member of the pubhc Bnan Hutclungs expressed lus concerns There bemg no other speakers, the Mayor closed the pubhc hearing MotIOn by CouncIlmember Femstem, seconded by Councllmember McKeown, to approve staff recommendation The motIOn was approved by the following vote Ayes Counctlmembers Femstem, McKeown, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None Councilmember Rosenstein I Noes Absent 12-A INITIAL STUDYINEGATIVE DECLARATION AND RESOLUTION ESTABLISHING PREFERENTIAL PARKING ZONE 00 Presented was the staff repon recommending approval of the Initial Study / Negative Declaration and adoptlOn of a resolutIOn estabhshmg Preferential Parkmg Zone 00 for 12th Street between Santa MOllica and Anzona, prolnblting parkmg between the hours of 7 00 a m and 9 00 pm, Monday through Saturday, except by penrut On order of the Mayor, the public heanng was opened The followmg members of the pubhc encouraged CouncIl to take no actJ.on on tlus item thIs evening in order to address Issues relatIng to neamy automobile dealershipslbusmesses Dan Ehrler, Walter Parr, Claudia Bradley, Chns Hardmg, and Robert Ferguson Member of the pubhc Ted Catanzaro urged Council to expand the proposed area of Preferential Parking Zone 00 to Arizona Avenue, mcJudmg 12th Street and 11th Street I 6 January 19, 1999 I I I 805 The followmg members of the public spoke m support of the estabhshment of Preferential Parkmg Zone 00 Hank Bicknell, Joyce Urode, Betty Hayden, H J Comyn, Josef SchneIder, Janma Krupa, Susan Oldfield, and Sylvia Shmad Member of the publIc Buan HutchIngs expressed hIs concerns There bemg no further speakers, the Mayor closed the publIc heanng MOllon by Mayor Pro Tern Genser, seconded by CouncIlmember McKeown, to adopt the Imtial StudylNegative DeclaratIon for the proposed zone based upon findmgs, and adopt ResolutIOn No 9360(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EST ABLISHlNG PREFERENTIAL PARKING ZONE 00," prohIbltmg parkmg between the hours of 7 00 a m and 9 00 pm, Monday through Saturday, except by permit, reading by title only and WaIving further reading thereof MotIon by Counctlmember McKeown, to amend the motion to mclude authonzatIon for staff to work constructively With the auto dealers and therr consultants, and WIth the residents to explore possibilities for long tenn parking solutiOns in tlns area Th~ motIOn was accepted as friendly WIth the condItIOn that staff also work WIth the nelghbors and mvolve them m the process, and that the condItions be benefiCial to both groups The motIOn, as amended, was approved by the following vote Ayes Counctlmembers Holbrook, McKeown, F emstem, Mayor Pro Tern Genser, Mayor O'Connor None Councilmember Rosenstem Noes Absent WRITTEN COMM. PREFERENTIAL PARKING 13-A PREFERENTIAL PARKING IN OCEAN PARK AND COASTAL COMMISSION ISSUES The request of RIck Laudati to address Couned regardmg this matter was contmued to January 26, 1999 COUNCILMEMBER 14-A APPOINTMENT TO THE PIER RESTORATION DISCUSSION ITEMS CORPORA TION The appomtment to annual vacanCIes on the PIER RESTORATION CO. PIer RestoratIon CorporatIon was contmued to January 26, 1999 7 January 19, 1999 L.A. COUNTY WEST VECTOR CONTROL LIBRARY BOARD ARCHITECTURAL REVIEW BOARD MASS TRANSIT OPPORTUNITIES YEAR 2000 PREPAREDNESS PROTECTIONS FOR TENANTS Councllmember Holbrook was excused at 1 08 a m RECREATION AND PARKS COMMISSION SMART GROWTH SUMMIT 806 14-B APPOINTMENT TO LOS ANGELES COUNTY WEST VECTOR CONTROL DISTRICT The appointment to one vacancy on the Los Angeles County West Vector Control Distnct was contmued to January 26, 1999 I 14-C APPOINTMENT TO LIBRARY BOARD The appomtment to one vacancy on the Library Board was continued to January 26, 1999 14-D APPOINTMENT TO ARCHITECTURAL REVIEW BOARD Appointment to one unscheduled vacancy on the Architectural ReVIew Board was contInued to January 26, 1999 14-E MASS TRANSIT OPPORTUNITIES ON mE EXPosmON RIGHT-OF-WAY The request of Councdmember RosensteIn to address CouncIl regardmg thIS matter was continued to January 26, 1999 14-F YEAR 2000 PREPAREDNESS The request of Councilmember Rosenstein to schedule a study seSSion on year 2000 preparedness was contmued to January 26, 1999 14-G NEW PROTECTIONS FOR EXISTING TENANTS IN APARTMENT BUILDINGS UNDERGOING REHABILITA nON Presented was the request of Mayor Pro Tern Genser to dIfect staff to conSider potential new protectlOns for eXisting tenants m apartment brnldings winch are undergoing substantial rehabIhtation I MotIon by Mayor Pro Tern Genser, seconded by Councdmember McKeown, to approve request and dIrect staff to return to Counctl WIth optIOns The motIOn was unanimously approved by vOIce vote, Councihnembers Holbrook and Rosenstein absent 14-H APPOINTMENT TO RECREATION AND PARKS COMMISSION The appoIntment to one unscheduled vacancy on the RecreatlOn and Parks CormrussIOn was contInued to January 26, 1999 14-1 SMART GROWTH SUMMIT Mayor O'Connor presented the request of Councllmember Rosenstem to use budgeted travel funds to attend the Smart Growth Summit, sponsored by the California Futures Network, to be held m Sacramento on January I 8 January 19, 1999 I I I PUBLIC INPUT ADJOURNMENT 807 28, 1999 Member of the public Bnan Hutchmgs expressed hIS concerns MotIon by Councilmember Feinstem, seconded by Councdmember McKeown. to approve the request The motion was unammously approved by VOIce vote, Councilmembers Holbrook and Rosenstem absent PUBLIC INPUT Member of the pubhc Clint Martin dtscussed a medical condttion wInch resulted in his fecelvmg an erroneous CItatIOn for pubhc mtoXlcatlon Member of the pubhc Art Caslllas dIscussed law enforcement Issues On order ofthe Mayor, at 1 22 am, the meetmg was adjourned to January 26, 1999, at 6 15 pm ... ATTEST ~~~~ Mana M Stewart - CIty Clerk APPROVFfD :A ,'.' ___ 01- it/~'v \ ClJ;;t't . Pam O'Connor Mayor 9 January 19, 1999