M-11/16/1999 (2)
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CITY OF SANTA MONICA
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CITY COUNCIL MINUTES
NOVEMBER 16, 1999
A regular meetmg of the Santa Monica CIty Council was called to order by Mayor O'Connor at
6 19 p.m., on Tuesday, November 16, 1999, at CIty Council Chambers, 1685 Main Street.
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councilmember Richard Bloom
Councllmernber !vfIchael Femstein
Councilmernber Robert T. Holbrook
Councilmember Kevm McKeown
Councilmember Paul Rosenstem
Also Present City Manager John Jill
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS
CLOSED SESSIONS On order ofthe Mayor, the City Councll convened
at 6: 19 p.m., and then adjourned to consIder closed sessIOns. Action taken I
on the closed sessions was reported at the end of the meetmg
RECONVENEIPLEDGE On order of the Mayor the City CouncIl reconvened at 7: 16 p.m.. with all
RECOGNITION OF OUT- members present CIty Manager John Jill led the assemblage ill the Pledge
GOING CITY MANAGER of AllegIance
CIty CouncIlmembers lauded out-gomg CIty Manager John Jill's long and
successful tenure with the City. and expressed thelT appreciation and good
"\lshes for Mr. Jalili's retlfement
RECESS TO SPECIAL
MEETING OF THE
REDEVELOPMENT
AGENCY
Thereafter, on order of the Mayor, the CIty CouncIl re~essed to a speCial
meeting of the Redevelopment Agency and then reconvened to the regular
meeting of the City Council at 9 46 P m.. With all CouncIlmembers present.
On order of the Mayor. in consideratIon of students present, Item 14-A was
heard out of order.
November 16.1999
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COUNCILMEMBER
ITEMS:
HIGH SCHOOL
SYMPHONY GRANT
RECESS
ORDINANCES:
REHABIREPAlR OF
TENANT-OCCUPIED
PROPERTIES
1081
l4-A: Request of Councilmember Holbrook to grant S5000 to the
Santa Monica High School Symphony Orchestra to assist with travel
expenses to perform at the International Music Educators' Convention
in Chicago.
The follOWIng members of the public spoke in support of the request: Damel
Mark, Darren Schuhz and Jean SedIllo!>_
Motlon by CouncIlmember Holbrook, seconded by CouncIlmember
Rosenstem., to approve request for funding from the COunCll contmgency
fund The motlon was approved by the following vote'
AYES
Councllmembers Bloom, Femstem, McKeown, Rosenstem.
Holbrook. Mayor Pro Tern Genser, Mayor OTonnor
None
None
NOES:
ABSENT
On order of the Mayor, the City Council recessed at 9-57 pm, and
reconvened at 10 55 p m., Wlth all members present
8-A. Introduction and adoption of Ordinance No. 1962 (CCS) entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 8.100 OF THE MUNICIPAL CODE TO
REQUIRE AN OWNER PERFORMING REPAIRS AND/OR
REHABILITATION OF TENANT-OCCUPIED PROPERTIES
IMPACTING TENANT HABITABILITY, TO SUBMIT A RELOCA-
TION PLAN AND FURNISH SECURITY, TO ESTABLISH
ADMINISTRATIVE PENALTIES FOR THE VIOLATION OF THE
CONSTRUCTION MEANS AND METHOD PLAN, TO CLARIFY
EXISTING LAW AND AMENDING SECTIONS 4.36.040 AND
4.36.120 OF THE MUNICIPAL CODE TO INCREASE THE
RELOCATION PAYMENTS TO QUALIFIED DISPLACED
TENANTS, TO REQUIRE TEMPORARY RELOCATION
ASSIST ANCE WHEN THE DISPLACEMENT IS THE RESULT OF
A FIRE AND, DECLARING THE PRESENCE OF AN
EMERGENCY;" adoption of Resolution 9455 (CCS) entitled "A
RESOLUTION OF THE CITY OF SANTA MONICA SETTING THE
AMOUNT OF THE RELOCATION FEE REQUIRED BY SECTION
4.36.040 OF THE MUNICIPAL CODE; approval of TORCA Fund
Rental Subsidy Guidelines; recommendation to direct staO" to research
the implementation of cost recovery and penalties for code enforce-
ment, and if appropriate, prepare implementing ordinance; and,
approval of appropriation of funds.
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November 16. 1999
1082
Counct/member Holbrook
was excused at 12 00 a m.
Motion by Councihnember Feinstem, seconded by Councilmember
McKeown.. to contmue the meeting past 11 :00 p.m. The motIon was I
unammous1y approved by voice vote
On order of the Mayor, the pubhc hearing was opened. The following
members of the public spoke m support of the ordinance: Kurt Jolson, Ellen
Brennan, Arthur Harris, MIchael Tarbet, and Dons Goldman spoke in rnvor
of the ordmance and provided additional suggestIons
MotIon by Councihnember Femstein, seconded bv CouncIlmember
McKeown., to adopt ordinance amended to include changes proposed by
staff as follows a) on page 6, paragraph D change the phrase "The BUildIng
Ofjicml 7',t- '"....' reqUire a constructIOn means and method plan. " amend
page 14, paragraph F to read: "The administrative penalty shall be paid to
the City "'l'lthm 45 daysfrom the date of servIce oithe CitatIOn or wahm 45
days from date of accrual of the penalty In the case of ongomg ViolatIOns. ,.
amend page 16, paragraph K. to add "and costs" after "Adrrurustrative
penalties;" amend page 8. paragraph (a), to add a 10-day notIce requirement
to tenant; to mcrease the cap for VIolations from $100,000 to $1,000,000, to
amend page 14, subsection (d) to read "Each separate VIOlation of the
constructIOn means and method plan shall be subject to a maximum penalty
of 5500 The BUlldmg OjJiczal may Impose a separate penalty for each umt
when the means and methods plan Imposes separate obltgatlOns per each I
umt Each and every day a violation of the plan continues also constitutes
a separate and dlstmct VIOlatIOn, " and amend to include "sittmg tenants" as
bemg ehgIble for the additional $1,000 of relocation fees if a tenant on or
before November 16. 1999. readmg the ordmance by tItle only, and waiving
further reading thereof The motIon was approved by the followmg vote
AYES'
CouncIlmembers Rosenstem, McKeovolD, Femstem, Bloom,
Mayor Pro Tern Genser. Mayor 0 TorulOr
None
Councilmember Holbrook
NOES:
ABSENT-
MotIon by Mayor Pro Tern Genser, seconded by Councilmernber Feinstein,
to adopt the resolutIOn as presented, readmg by title only, and WaIvrng
further readmg thereof The motion was approved by the folloWIDg vote
AYES
Councilmernbers Bloom, Femstein., McKeown, Rosenstem,
Mayor Pro Tern Genser. Mayor O'Connor
None
CouncIlmember Holbrook
NOES:
ABSENT:
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November 16, 1999
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PUBLIC INPUT:
CLOSED SESSIONS
1083
Motion by Councilmember McKeown, seconded by Mayor Pro Tern Genser,
to approve the guidelines, as presented. The motion was approved by the
followrng vote
AYES:
CouncIlmembers Rosenstern, McKeown, Feinstern, Bloom.
Mayor Pro Tern Genser, Mayor O'COIlllOr
None
CouncIlmember Holbrook
NOES
ABSE1\'T
MotIon by Councilmember Femstein, seconded by Mayor Pro Tern Genser,
to dtrect staff to research the ablhty to implement cost recovery and
penalties for code enforcement, and IT appropnate. prepare an nnplementmg
ordrnance The motion ,vas approved by the follO\"mg vote
AYES
CouncIlmembers Bloom, Feinstein, McKeown, Rosenstem.
Mayor Pro Tern Genser, Mayor O'Connor
None
Councllmember Holbrook
NOES.
ABSENT'
Motion by Councilmember McKeown, seconded by Councilmember Bloom.
to appropriate the funds as recommended by staff. The motion was
approved by the follo\\mg vote.
AYES'
Councilmembers Rosenstein. McKeown. Femstein, Bloom.
Mayor Pro Tern Genser. Mayor O'Connor
None
COUllcilmember Holbrook
NOES:
ABSENT
The following members of the pubhc spoke: Ian Robertson and Peter Plulbm
discussed the ongomg traffic problems due to construction on PCH. Art
Casillas dISCussed problems WIth the Pohce Department Jerry Rubin spoke
in support ofsavrng the Ballona Wetlands. Chuck Allord discussed code
enforcement problems
16-A: Conference with Legal Counsel- Existing Litigation: Alfonso
Vene~as v. City of Santa Monica, Case No. CV 99-02277.
ACTION:
Not heard.
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November 16, 1999
1084
ADJOURNMENT
16-B: Conference with Legal Counsel- Existing Litigation: CACJ v. I
Butts, et al, Case No. CV 95-8634.
ACTION
Not heard.
16-C: Conference with Legal Counsel- Existing Litigation: Robin
Diebler v. City of Santa Monica, Case No. SS 053 902.
ACTION'
Not heard
16-D: Conference with Legal Counsel- Existing Litigation: Michael
Davies v. City of Santa Monica, Case No. 98 COO 152.
ACTION:
No reportable actIon taken
16-E Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica. Case No. SS 007078.
ACTION
No reportable action taken.
16-F Conference with Legal Counsel- Existing Litigation: Alice Cole
et al, v. City of Santa Monica, Case No. SC 055183.
ACTION:
Not heard
16-G: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Five.
ACTION:
Two cases heard. No reportable actIOn taken.
On order of the Mayor, the City Council meeting was adjourned at 12:30
am. to November 23, 1999.
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Mana M. Stewart
City Clerk
Pam O'Connor
Mayor
APPROVED
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November 16. 1999
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