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M-5/25/1999 I I I 907 CITY OF SANTA l\tIONICA CITY COUNCIL MINUTES l\IA Y 25, 1999 A regular meetmg of the Santa Moruca City Couned was called to order by Mayor O'Connor at 625 pill, on Tuesday, May 25, 1999, at the Council Chambers, City Hall, 1685 Mam Street. Roll Call Present Mayor Pam 0 'Connor Mayor Pro Tern Ken Genser Councdmember Michael Femstem Counctlmember Robert T Holbrook Councdmember Kevin McKeO\vTI Councdmember Paul Rosenstem Also Present CIty Manager John Jahh City Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart CLOSED SESSIONS CLOSED SESSIONS: On order of the Mayor, the CIty Councd convened at 6 25 pm, and then recessed to consIder closed seSSlOns The City Councd reconvened at 7 13 pm I WIth all members present ActlOn on the closed seSSlOns was reported at the end of the meetmg RECONVENEIPLEDGE On order of the Mayor the CIty Councd reconvened at 7 _13 P m_, wIth all members present AsSistant CIty Attorney Joseph Lawrence led the assemblage m the Pledge of Allegiance SPECIAL AGENDA ITEMS: 4-A; Proclamation declaring the year "19991t as the INTERNATIONAL YEAR OF OLDER PERSONS. The Mayor issued the proclamatton wluch was accepted by members ofthe Comrrusslon on Older Amencans CONSENT CALENDAR The Consent Calendar was presented, whereby all Items are conSIdered and approved m one motlOn unless removed from the calendar for dIScussIon 1 May 25, 1999 908 At the request ofCounctlmember McKeov.n, Item 6-A was I removed from the consent calendar At the request of Councilmember Femstem, Item 6-1 was removed from the consent calendar The Mayor opened the floor for pubhc comment Joy Fullmer expressed vanous concerns Pro Se spoke m suppon of Item 6-H, and John elar spoke in support of6-C MotIOn by Councllmember Femstem, seconded by CounCIlmember McKeown, to approve all Items on the Consent Calendar as presented, except Items 6-A and 6-1, reading resolutIOns and ordmances by tItle only and w81vmg further readmg thereof The motIon was approved by the followmg vote AYES Counctlmembers Bloom, Femstein, McKeown, Rosenstem, Holbrook, Mayor Pro Tem Genser, Mayor O'Connor None None NOES ABSENT EARTHQUAKE RECOVERY 6-B: Earthquake Recovery Resolution - ResolutIOn No 9399 (CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted I SEWER REPLACEl\IENT 6-C: Construction of Pacific Coast Highway Sewer PROJECT Replacement Project - recommendatIOn to authonze the CIty Manager to negotiate and execute Contract No 7490 (CCS) WIth Modern Contmental ConstructIon Company, Inc , m the amount of $9,707,025, for construction of the PaCIfic Coast Htghway Sewer Replacement Project of the Coastal Interceptor Sewer, and, approve budgetary adjustments as proposed, was approved EMERGENCY SERVICES 6-0: ResolutIon No. 9400 (CCS) entitled: "A RESOLUTION & FEMA DOCUMENTS OF THE CITY OF SANTA MONICA DESIGNATING CITY REPRESENTATIVES TO SIGN CALIFORNIA OFFICE OF EMERGENCY SERVICES AND FEDERAL EMERGENCY MANAGEMENT AGENCY DOCUMENTS ON BEHALF OF THE CITY," was adopted I 2 May 25,1999 I I I 909 PURCHASE OF ELECTRIC VEHICLES 6-E: Lease of four electric vehicles and notification of exemption to Burma Policy - recommendatIon to authonze the CIty Manager to negotIate and execute Lease Agreement Nos 7491(CCS), 7492 (CCS), 7493 (CCS) W1th Toyota Motor Sales USA, Iuc, m the amount of $54,000, for three sport utthty velucles for three years, and Lease Agreement No 7494 (CCS) With General Motors Acceptance Corporation, m the amount of $18,000, for one 1999 pIck-up truck, approve purchase and InstallatIOn of battery charger from EdIson EV, In the amount of $13,800, and, affirm exemptIOn to the Bunna Pohcy, was approved E1\iIPLOYEE BENEFITS 6-F: Resolution No. 9401 (CCS) entitled: 44A RESOLUTION OF THF. CITY OF SANTA MONICA providing for continuation of salary and benefits for permanent City employees called to active military duty since May 1, 1999," was adopted HUMAN RESOURCES 6-G Provision of human resources consulting services - CONSULTING SERVICES recommen-dation to authonze the CIty Manager to negotiate and execute Contract No 7495 (CCS) with Aon Consultmg, m the amount of $75,000, per fiscal year for pro\i1SIOn of human resources consulting servIces, was approved DISPATCHER TRAINING 6-H: Recommendation to direct staiTto prepare an ordinance to allow Public Safety Dispatchers to participate in Peace Officer Standards and Training, was approved AFFORDABLE HOUSING 6-J: Resolution No. 9402 (CCS) entitled: '4A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING THE 1999 MAXIMUM ALLOW ABLE RENTS AND MAXIMUM ALLOW ABLE PURCHASE PRICES FOR THE AFFORDABLE HOUSING PRODUCTION PROGRAM," was adopted OFFICE FURNIsmNGS 6-K: Purchase of misceUaneous office work space furnishings - recommendatIOn to approve purchase order III the amount of $95,631 83, WIth Knoll, Inc , to furnish, delIver and mstall lTIlsceIlaneous office work space fumIshmgs for Cable TV, Information Systems and CivIl Engmeenng DIVlsIons, was approved --. -' May 25, 1999 REPAVING BEACH PARKING LOT MINUTES SANTA MONICA BREAKWATER 910 6-L: Amendment to contract for repaving beach parkmg lot- recommendatIOn to authonze the City Manager to negotIate and execute an amendment to Contract No 7469(CCS) with SIlVIa Constructton, Jnc, m the amount of$91,140, for repavmg the beach parking lot located at 2030 Barnard Way, was approved I 6-A: Approval of minutes February 9 and 16, 1999, City CouncIl meetings Councllmember McKeown requested the Ctty Clerk correct the February 9, 1999, mmutes to reflect a yes vote on Item 9-B Motion by Counctlmember McKeown, seconded by Councilmember F emstem, to approve the rnmutes, as amended The motton was approved by VOIce vote, with Councllmember Bloom abstammg 6-1: Preparation of environmental impact report on Santa Monica Breakwater replacement, boat moorings and dock - recommendatIon to authonze the CIty Manager to negotIate and execute Contract No 7496 (CCS) WIth Chambers Group Consultants, Jne , m the amount of $137,800, to prepare an envrronmentaltmpact report for the proposed Santa Moruca breakwater replacement, boat moonngs and dock project I Counct1member Femstem asked questtons regarding scope and schedule of project Staff responded to the questions MotIOn by Councl1member Femstem, seconded by Counctlmember McKeown, to approve staff recommendatton The motion was approved by the followmg vote AYES CouncIlmembers Bloom, Femstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT I 4 May 25, 1999 I I I 911 ORDINANCES - TENANT 8-A Ordinance No. 1943 (CCS) entitled ~~AN ORDINANCE HARRASSMENT OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 4.56.010, 4.56.020 AND 4.56.040 RELATING TO TENANT HARASSMENT AND DECLARING mE PRESENCE OF AN EMERGENCY," was presented On order of the Mayor, the pubhc heanng was opened The followmg members of the pubhc spoke Joy Fullmer expressed her concerns Rosano Perry spoke m OpposItIon of the ordmance Jack Schwartz, Kurt 10lson and Chns Hardmg spoke m support of the ordmance Pam Vavra expressed concerns regarding the CIty'S handhng of tenant complamts Arthur Hams stated hIs preference for a graduated response Bnan HutchIngs addressed vanous Issues Motion by Councilmember McKeown, seconded by Councilmember Femstem., to adopt the ordmance, reading by tItle only and walvmg further readmg thereof The motIon was approved by the followmg vote AYES CouncIlmembers Bloom, Femstem, McKeown, Rosenstein, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT DEVELOPMENT MORATORIUM 8-B: Ordinance No. 1944 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ENACTING l\lORATORIUM ON MULTI-FAMILY RESIDENTIAL DEVELOPMENT IN THF CITY~S MULTI-FAMILY RESIDENTIAL DISTRICTS, AND DECLARING THE PRESENCE OF AN EMERGENCY," was presented On order of the Mayor, the public hearing was opened The followmg members ofthe publIc spoke Joey Fullmer expressed her concerns Ron Dalah, Ken Kutcher, and Paul De Santls, spoke In OppOSItIon to the ordmance Jay Johnson, ChrIS Hardmg, J\.1tchael Tarbet, Annette Del Zappo, and VIctor Fresco spoke In support of the ordmance 5 May 25, 1999 912 D EnayatL Mike Mottola, and Jesse Bornstem relayed concerns regardmg the effect of adoptIOn of the ordmance on a partIcular project Bnan Hutchmgs expressed various concerns I RECESS On order of the Mayor, the CIty Councd recessed at 905 pm, and reconvened at 9 25 pm. WIth all members present Motion by Mayor Pro Tern Genser, seconded by MIchael Feinstem, to mtroduce and adopt ordmance amended as follows the exceptlon would be projects that would be deemed complete as of today; to allow the replacement of a smgle fannly home or sometlung less, and, that for projects with an eXIstmg smgle farruly home to allow constructIOn of a second urnt on the property, readmg by tItle only and WaIvmg further readmg thereof Deputy CIty Attorney Bany Rosenbaum proVIded amended language to reflect the amendments to the ordinance as follows SectIOn 2, page 9, add proVISIon (b) "Subject to the exemptIon set forth m SectIOn 3 of thIS ordmance the Planmng COlll1lllSSI0n and CIty staff are hereby directed to disapprove all apphcations which have not been deemed complete as of May 25, 1999, for tentatlve tract maps, tentative parcel maps, adnumstratIve approvals, I development review penmts, and conditIOnal use penults for any resldentlal bu:tldmg or structure, mdudmg any hotel or motel on propertIes located m multifamily resldentla1 districts in the City" To ehnunate the exemptIon under SectIOn 3 (exemptlon b) and replace It WIth the followmg "ApplIcatIons for approval of penmts involVIng the erechon of construction and excavation in grading for an addItional reSIdential dwelhng urnt on a sIte which currently contains and WIll mamtam the eXlstmg SIngle famIly home" To add SubsectIon (c) "Apphcatlons for approvals ofpenmts mvolvmg the erechon of constructIOn and excavahon In gradmg for projects wlnch will be developed on SItes that were vacant as of May 25, 1999'- The motton was approved by the follOWIng vote AYES Councilmembers McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor Counctlmembers Holbrook, Rosenstem None NOES ABSENT I 6 May 25, 1999 I I I \VRITTEN COMMUNICATIONS DRIVER/PEDESTRIAN EDUCATION 913 MotIon by Councllmernber Femstem, to dIrect staff to analyze development standards from multlfalllily neIghborhoods relatIve to Issues of open space, front yard setbacks, and side setbacks The motion dIed for lack of a second 13-A: Keny Olsen addressed Council regarding the City- sponsored driver/pedestrian education program known as Slow Down Santa Monica, and Police Department resources pertaining to pedestrian safety. Motion by Counctlmernber Bloom, seconded by Mayor Pro Tern Genser, to dIrect staff to prepare an assessment of how resources In all CIty Departments are bemg spent for pedestnan safety and educatIOn Motion to amend by Councllmember McKeown, to mclude a report on all injuries and deaths over the past decade compared to movmg violatIon CItatIons Issued and actual street deployment of traffic pohce officers The motton was accepted as fnendly by the maker The motIon was unarumously approved by VOIce vote MotIon by Councllmember McKeown., seconded by Councilmember F emstem, to contmue the meetmg past 11 00 P m The motIOn was unanimously approved by VOIce vote MAIN STREET PARKING 13-B: Gary Gordon presented the request of Main Street Merchants Association to update Council on Main Street parking issues including Lot No.9; beach parking; the "Church" lot at 2nd and l\'larine and employee parking; the re- routing of the Tide. And to request implementation of a summer pilot program beginning June 1, 1999, to reduce rates in the 2030 Barnard Way lot to $2 per day, Monday through Friday, and $4 per day on the weekend; and reduce rates in the 2600 Barnard Way lot to $2 per day Monday through Friday, and $3 per day on the weekend. The followmg members of the pubhc spoke m favor of tills request Larry Fnedberg, Jeny RubIn, Dan Ehrler, LeslIe Paonessa, Tom Bmder, Glen Gerson, Joey Fullmer, Rick Laudatl, Judy Abdo, Jan Palcillkoff, and John Gabree 7 May 25, 1999 CITY NEWSPAPER COUNCILMEMBER DISCUSSION ITEMS APPOINTMENT APPOINTMENT TENANT RELOCA nON ASSISTANCE 914 MotIOn by Councllmember Holbrook, seconded by Councdmember I Rosenstem, to approve request as pIlot program, through the Labor Day weekend MotIon to amend by Councilmember Bloom, accepted as fuendly, to address on a very timte level, use a Sightly lngher structure, and cut rates III half Substitute motIOn by Councdmember RosensteIn, seconded by Councllmember McKeown, to contInue diSCUSSion of this matter to the next meeting The motion was approved by VOIce vote, With Councilmemher Holbrook votmg III opposItIon 13-C: Request of Michael Rosenthal to address Council regarding the creation of a new newspaper for Santa Monica. Tlus request was Withdrawn at the request of Mr Rosenthal 14-A: Appointment to one vacancy on the Los Angeles County West Vector Control District for a term ending December 31, 2000. (Continued from April 27, 1999) On order of the Mayor, this matter was contmued to a future meetmg I 14-B: Appointment to one unscheduled vacancy on the Accessibility Appeals Board for a term ending June 30, 2001. (Continued from 4/13/99.) On order of the Mayor, tlus matter was continued to a future meetIng 14-C: Request of Councilmember McKeown authorizing staff to investigate provision of temporary City relocation support for low-income tenants dislocated by building code violation enforcement, with means of later recovering the costs of the emergency assistance from the property owner. I 8 May 25, 1999 I I I ORDER OF AGENDA ITEMS COUNCIL RULES COUNCIL ASSIGNMENTS TO DOARDSAND COMMISSIONS AD 1475 - SAFE ROUTES TO SCHOOL INVESTIGA nON OF CITY'S POWER SUPPLY 915 MotIon bv CouncIlmember McKeown, seconded by Mayor Pro Tern Genser, to give mformal dIrectiOn to sta:ffto InVestIgate any means avaIlable to assist the families, includmg other socIal servIces agencies Motton unanimously approved by voice vote 14-D: Request of Council member Holbrook to discuss changing the order of business on the agenda so that the current I3-items become 14-items and the 14.items become 13- items. On order of the Mayor, thIS Item was contInued to June 8, 1999 14-E: Request of Mayor O'Connor to provide general input to staff on modification to Council Rules and establish a schedule for the proposed rules to return to Council for approval. On order of the Mayor, this Item was contmued to June 8, 1999 14-F: Request of Mayor O'Connor to revise Council assignments to Council-appointed boards and commissions. On order of the Mayor, Councllmember Bloom aSSIgned to RecreatiOn & Parks COrnnuSSlOll, Library Board, and ComnusslOn on Older Amencans 14-G Request ofCouncibnember Rosenstein and Councilmember Bloom for Council support of the Safe Routes to School Bill of 1999 (AD 1475) to assist local efforts to make it safer for kids to walk and bicycle to school. Motion by Councilmember Rosenstem, seconded by Councllmember Bloom, to approve request MotIon unammously approved by voice vote 14-8: Request of Councilmember Rosenstein to direct staff to investigate the recent wave of electrical power failures in the City and to report back on recommendations for achieving a stable power supply. On order of the Mayor, tins item to be heard concurrently With Item 14-1 9 May 25, 1999 916 CITY'S ELECTRICAL 14-1: Request of Mayor Pro Tem Genser to direct staff to I DISTRIBUTION SYSTEM investigate for a future public discussion the safety and quality of the electrical distribution system in Santa Monica. MotIon by Mayor Pro Tern Genser, seconded by Counctlmember Rosenstem, to direct staff to mvestIgate the recent power outages, rehabIlIty of the power supply, possIble solutIOns and schedule for dIscuSSIOn at a future CouncIl meetmg MotIon unarumously approved by VOIce vote On order of the Mayor, the CounCll conSIdered actIon taken on closed seSSIOns, before contmumg With the order of the agenda CLOSED SESSION 16-A: Conference with Legal Counsel- existing litigation: Steichen, et a1., v. City of Santa Monica, et aI., Case No. SC 041545. MotIon by Councdmember Femstem, seconded by Councdmember McKeown, to approve settlement m the amount of $1 8 nulhon, reqUIring a City pay-out of$935,363 34 The motion was approved by the followmg vote AYES Councdmembers Bloom, F emstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None I NOES ABSENT MotIon by Councllmember F emstem, seconded by Councdmember Bloom, to appropnate the amount of$935,363 34 The motIOn was approved by the followmg vote AYES CounCllrnernbers Holbrook, Rosenstein, McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT I 10 May 25, 1999 I I I 917 16-B: Conference with Legal Counsel- existing litigation: City of Santa .Monica v. 1723 Cloverfield Partners, Case No. BC 191 656. MotIon by Counctlmember McKeown, seconded by CouncIlmember Femstem, to approve settlement of $120,000 m monetary damages, plus conveyance of certam property to the owner The motton was approved by the followmg vote AYES Councdmembers F emstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None CouncIlmember Bloom NOES ABSENT ABST AIN 16-C: Conference with Legal Counsel- Existing Litigation: Carrie Ann Byron v. City of Santa Monica, Case No. SC 052935. The CIty Attorney adVIsed there was no reportable action taken 16-D: Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Personnel Director. Bargaining Units: Police Officers Association The CIty Attorney adVIsed there was no reportable actIon taken 16-E: Conference with legal Counsel- Anticipated Litigation. Number of cases: Two. The CIty Attorney adVIsed there was no reportable actIon taken AB 196 - ENFORCEMENT 14-.1: Request of Councilmember Rosenstein and OF CHILD SUPPORT Councilmember Bloom for Council support for AB 196 (Kuehl) to reform California's Child Support Enforcement System. Motton by Councdmember RosensteIn., seconded by Councilmember Bloom to approve request MotIon unarumously approved by VOice vote 11 May 25, 1999 RESIGNATION RESIGNATION PUBLIC INPUT ADJOURNMENT 918 14- K Acceptance of resignation of William E. Coleman from the Commission on Older Americans and authorization for the City Clerk to publish vacancy. MotIon by Counctlmember Holbrook, seconded by Councilmember Rosenstem, to accept letter WIth regrets, and authonze the Clerk to publish vacancy MotIOn unanimously approved by vOIce vote 14-L Acceptance of resignation of Allan Tainsky from the Accessibility Appeals Board and authorization for the City Clerk to publish vat:ancy. Motion by Mayor Pro Tern Genser, seconded by Counctlmember McKeown, to accept letter WIth regrets, and authonze Clerk to publIsh vacancy Motion unanimously approved by vOIce vote Member of the public Chuck Allord discussed v101ations to the nOIse ordmance Bnan Hutclnngs expressed vanous concerns On order of the Mayor, the City Council meetmg adjourned at 1252 am, m memory ofVlrglma Malfer ATTEST , ~~~ew~~ CIty Clerk APPROVED ~ lr\ LU/'j- L C'-' ~ 1 Pam O'Connor Mayor .- 12 May 25, 1999 I I I