M-5/25/1999
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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
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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
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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
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May 25,1999
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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
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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
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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
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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
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May 25, 1999
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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
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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
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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
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May 25, 1999
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\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
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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
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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.
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May 25, 1999
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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
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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
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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
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May 25, 1999
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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
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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
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May 25, 1999
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