M-1/19/1999 (2)
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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
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January 19, 1999
800
ACTION No reportable actiOn taken
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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
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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,
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January 19, 1999
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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,
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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
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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
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Noes
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January 19, 1999
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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-
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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
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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
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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
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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
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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
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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
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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
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ATTEST
~~~~
Mana M Stewart -
CIty Clerk
APPROVFfD
:A ,'.' ___
01- it/~'v \ ClJ;;t't .
Pam O'Connor
Mayor
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January 19, 1999