M-11/9/1999 (2)
I
I
I
1069
CITY OF SA NT A MONICA
CITY COUNCIL MINUTES
November 9,1999
A regular meeting of the Santa Monica City Council was called to order by Mayor O'Connor at
6:20 pm. on Tuesday, November 9, 1999, at City Council Chambers, 1685 Main Street.
Roll Call
Present:
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser (arrIved at 8:19 p m)
Councilmember Richard Bloom
Councllmember Michael Feinstem
Counctlmember Robert T. Holbrook
Counctlmember Kevin McKeo\VTI
Counctlmember Paul Rosenstein
Also Present CIty Manager John Jahh
CIty Attorney Marsha Jones Moutne
City Clerk Maria M Stewart
CLOSED SESSIONS
CLOSED SESSIONS On order of the Mayor. the CIly CouncIl convened
at 6:20 p.m., wIth Mayor Pro Tern Genser absent, and then adjourned to
consIder closed sessions Action taken on closed session was reported at
the end of the meetmg
RECONVENEIPLEDGE On order of the Mayor the City CouncIl reconvened at 7 15 pm.. w'lth
Mayor Pro Tern Genser absent In honor of the upcommg Veterans Day,
the Military Order of the Purple Heart Orgamzatlon led the assemblage in
the Pledge of Allegiance
The Mayor announced that a scheduled meeting ofthe Redevelopment
Agency was bemg contmued to November 16, 1999
On order of the Mayor and due to a medical excuse, member of the public
Pro Se addressed concerns relative to item 9-A, out of order of the agenda,
and in support of the pubhc' s nght to speak on matters on the agenda and
ADA compltance
On order ofthe Mayor, the meetmg contmued WIth the regular agenda
order
November 9, 1999
1070
CONTINUED ITEMS' 5-A: Appointments to two (Section 8) annual vacancies on the Housing I
HOUSING COMMISSION Commission for two terms ending June 30, 2001. (Continued from
October 5, 1999)
On order of the Mayor, the public heanng was opened Member ofthe
pubhc David Busch spoke regardillg homeless people ill Santa Monica and
requested that the subject be taken up by the current Housing ComnnssIon
On order of the Mayor, the floor was opened for nommations.
CouncIlmember McKeown nonunated Dr. Hadiya Barnes, PhD. There
bemg no other nommatIons, Dr Barnes was appointed by acclamatIOn to
one vacancy
Councilmember McKeown nommated Lovoma M. Cross. There being no
other nommatIons, Lovonia Cross was appointed by acclamation to the
second vacancy.
CONSENT CALE~DAR: The Consent Calendar was presented. whereby all Items are considered and
approved ill one motIon unless removed from the calendar for discussion.
On order of the Mayor, the public hearing was opened. Member of the
public Joy Fullmer expressed various concerns Members of the public I
Todd Campbell and Jerry Rubin spoke ill favor ohtem 6-H. Members of
the public Janet Krelle, Peter TIgler, NIcole Von ReISen and Jerry Rubill
spoke ill favor of item 6-G Members of the public Mmdi Levins Pfeifer,
Sandy Mermelstem, and Steven Knight spoke in favor of using the property
on item 6-G to house homeless teenagers
At the request of CouncIlmember Rosenstein, Items 6-G and 6-H were
removed from the Consent Calendar In addItion, the City Clerk noted a
mmor correctIon to the August 17 mmutes.
Motion by Councilmember Femstem, seconded by Councilmember
McKeown, to approve the minutes as amended and all other items on the
Consent Calendar as presented, with the exception of 6-G and 6-H, readIng
resolutIOns and ordmances by tItle only and waivmg further readIng thereof
The motion was approved by the following vote:
Ayes
Councilmembers Bloom, Feinstem, McKeown, Rosenstem,
Holbrook, Mayor O'Connor
None
Mayor Pro Tern Genser
I
Noes
Absent.
2
November 9,1999
I
I
I
MINUTES
EARTHQUAKE
RECOVERY
LEASE FOR OFFICE
SPACE 1717 4TH STREET
STANDARDIZED
EMERGENCY
MANAGEMENT PLAN
MUNICIPAL POOL
REPLACEMENT
COMPUTER
MAINTENANCE
SERVICE
PARA TRANSIT
SERVICES
1071
6-A: The minutes of August 17 (as amended), August 19. and September
7. 1999, CIty CouncIl meetmgs were approved.
6-B. Earthquake Recovery Resolution - ResolutIon No.9454 (CCS)
entItled "A RESOLUTION OF THE CITY OF SA.cl\JT A MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY." was adopted.
6-C: Lease of office space at 1717 4th Street for the Finance
Department and Risk Management Division - recommendatIon to
authorize the City Manager to negotIate and execute five-year office space
Lease Extension No 5473 (CCS) with HSR Linnted Partnership. for $2 48
per square foot per month, for the Fmance Department and the Risk
Management DIVISIOn. was approved
6-D: Adoption ofthe Standardized Emergency Management Systems
Multi-Hazard Functional Plan by the City of Santa Monica, was
approved.
6-E' Provision of inspection services for Municipal Pool Replacement
Project - recommendatIOn to authorIZe the City Manager to negotiate and
execute profeSSIOnal servIces Contract No. 7633 (CCS) With Max Tehrani,
in the amount of$94.000. to provide Inspector of Record servIces dunng
construction of the Mwucipal Pool Replacement Project, was approved
6-F' Purchase Order for computer maintenance services for the City's
Library Automation System - recommendation to award a sole source
purchase order to SIRSI CorporatIon, m the amount of$30.701 87. for
annual computer maintenance servIces for the Administration and FacIlities
DIVIsion of the Library, was approved.
6-1. Contract extension for provision of Tide Shuttle and WISE
Para transit services - recommendatIon to authonze the CIty Manager to
negotiate and execute a sIX-month extension to Contract No. 7635 (CCS)
with LaIdlaw Transit Services, Inc., to contmue to prOVIde TIde and Wise
Paratransit servIces for the City. and recommendation to appropriate funds
as outhned m the staff report. was approved
3
November 9. 1999
1072
COMPUTERIZED 6-J: Purchase of computerized management system for water,
WATER MANAG EMENT wastewater and storm water - recommendation to authonze the City I
SYSTEM Manager to negotiate and execute Contract No. 7636 (CCS) with Hansen
Information Technologies, Inc.. m the amount of $104.720. to furnish and
install a computerized maintenance management system for water,
wastewater and storm water, was approved
OUTDOOR ANTIQUE
MARKETS ORDINANCE
SALE OF PROPERTY -
1833 18th STREET
NATURAL GAS
POWERED BUSES
6-K: Ordinance No. I96I(CCS) entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 9 TO ALLOW
OUTDOOR ANTIQUE MARKETS IN THE PUBLIC LANDS (PL)
OVERLAY DISTRICT SUBJECT TO A PERFORMANCE
STANDARD PERMIT," was adopted
6-G: Bid award to sell property located at 1833 ISIII Street -
recommendation to award Bid No. 2772 to Janet Krelle, in the amount of
$376.08399, to purchase City~owned property located at 1833 18th Street,
and authorization to the City 1v1anager to negotIate and execute Contract
No. 7649 (CCS), and all necessary documents to complete the sale, was
presented.
Staff answered questIons of Councdmember Rosenstein regarding legal and
practical ISsues and optlOI15 for selectmg the second lughest bidder for the I
sale of the property.
Motion by Councilmember Rosenstem, that the City reject all the bids
received for the property and ask staff to look at how the facility can be
used in the best interests of the community. There was no second to the
motIon
Motion by Councilmember Holbrook, seconded by Counc1lrnember Bloom,
to approve staff recommendation The motion was approved by the
followmg vote:
Ayes.
Councilmembers Holbrook. McKeow~. Femstein, Bloom, Mayor
O'Connor
Councllmember Rosenstein
Mayor Pro Tern Genser
Noes:
Absent:
6-H: Purchase of thirty-seven liquid natural gas powered transit buses
and miscellaneous spare parts - recommendation to authorize the City
Manager to negotiate and execute Contract No. 7634 (CCS) with North
American Bus Industries, m the amount of$13.07l,453, to purchase 37 new
forty-foot, low-floor, lightweight, LNG powered transit buses With
I
4
November 9.1999
I
I
I
STAFF ITEMS:
1073
nuscellaneous spare parts; and recommendation to appropriate funds as
outlined m the staff report, was presented
Staff answered questions of Councilmember Rosenstem regarding the non
pollutmg buses, new matenal the buses are made from, and new bus features
including; bIcycle racks, automatic announcement systems and cameras
MotIon bv CouncIlmember Rosenstem, seconded by CouncIlmember
FeInStein to approve staff recommendation The motIOn was approved by
the followmg vote
Ayes:
CouncIlmembers Bloom, FeInStein. McKeown. Rosenstem.
Holbrook and Mayor O'Connor
None
Mayor Pro Tern Genser
Noes
Absent
On order of the Mayor, Items 9-B and 9-C to be heard before Item 9-A m
order to allow the partIcIpatIon of~1ayor Pro Tern Genser, scheduled to
arrIve later at the meetmg
FOREST MANAGEMENT 9-B: Approval ofthe Draft Community Forest Management Plan -
PLAN recommendation to approve the Draft Plan and to dIrect staff to proceed
with necessary changes to the MuniCIpal Code to implement the prOvIsions
of the Plan. was presented.
Mayor Pro Tem Genser
arnved at 819 pm
On order of the Mayor, the public hearmg was opened Joy Fullmer, Susan
Henderson.. Jerry Rubin. and RIck LaudatI spoke on vanous Issues, mcludmg
but not lirmted to: allowmg eXISting trees to remam, the community mput
process, replacement of trees, and pOSSible postponement of approval of the
documents. On order of the Mayor, the public hearmg was closed.
DiSCUSSIOn ensued regarding preservatIOn and relocatIOn of trees, the public
process. tree types and alternative language detimng the term "commumty
forest"
Motion ofCouncilmember Rosenstem, seconded by CouncIlmember
Feinstem, to adopt the proposed Commumty Forest Management Plan 2000
amending the defimtIOn of "Community Forest" as follows: "In the broadest
sense. the Commumty Forest IS compnsed of all trees m the City whether on
public or private property. In tins plan, the CIty'S first focus Will be on trees
wluch are under our care and we will work closely with other public entities
to encourage them to embody these poliCIes and practIces in caring for and
managmg the trees wItlun theIr boundarIes As a subsequent phase to tlus
5
November 9. 1999
1074
RECESS
SUSTAINABLE CITY
PROGRESS REPORT
Plan. the CIty mtends to address issues related to privately owned trees." I
The motIon was approved by the followmg vote'
Ayes
Councihnembers Holbrook. Rosenstem,. McKeo\'J'll.
Femstein. Bloom, Mayor O'Connor
Mayor Pro Tern Genser
None
None
Abstain:
Noes:
Absent
Mayor Pro Tern Genser stated for the record that he did not vote on the
motIon because he wasn't present for all the public mput and :felt that votmg
would be mappropriate.
On order of the Mayor, the City Council recessed at 8:55 p.tn., and
reconvened at 9 19 p.m. With all members present.
9-C Recommendation to review the Sustainable City Progress Report
Update from the Santa Monica Task Force on the Environment. was
presented.
On order of the Mayor the public hearmg was opened. Member of the public
Joy Fullmer expressed VarIOUS concerns
DISCUSSIOn ensued regardmg recycling programs, construction projects'
waste, and the Green House project.
Counctlmember Feinstem suggested that staff 1) research and submit a
resolutIon to the State of California asking the State to consIder using green
waste as compost in pubhc fucilities and public operatIons, 2) to look mto
other incentIves for the public to mcrease water conservatIon, and 3) to find
out how countries like Germany look at their source reductIon problems and
what are possible options on a muruclpalleveL
MotIon of CouncIlmember FeInStein. seconded by Mayor Pro Tern Genser
to, receive and file the Information with drrection to staff to note the
suggestIons made. The motion was approved by the following vote:
Ayes
Councihnembers Bloom, Feinstein. McKeown. Rosenstem,.
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor.
None
None
Noes'
Absent:
6
November 9, 1999
I
I
I
I
I
1075
RULES OF ORDER AND 9-A. Resolution amending The Rules of Order and Procedures for the
PROCEDURES Conduct of City Council Meetings and supplemental report.
(Contmued from October 26, 1999.)
On order of the Mayor the public hearing was opened. Members of the
public Jerry Rubm. Chuck Allord, and Jeff Slar addressed various Issues,
inc1udmg but not bmited to tnne hrmts on publIc input, 13-ltems and 14-
items
Motion by CouncIlmember McKeown, seconded by CouncIlmember
FeinsteIn, to contmue the meeting past 11'00 P m. The motIon was
approved by vOice vote. \'i'lth all members present
DISCussion ensued and CouncIlmembers delIberated on suggestions and
possible amendments
Motion by Mayor Pro Tern Genser, seconded by CouncIlmember Bloom, to
adopt Resolution No 9456 (CCS) entItled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
RESOLUTION NUMBER 8525 (CCS) TO AMEND THE RULES OF
ORDER AND PROCEDURE FOR THE CONDUCT OF THE CITY
COUNCIL MEETINGS," amendmg pages 15 and 17 as indicated by the
City Attorney to correct mcollSlStency on overruling the Charr, to strIke new
language relatIve to ''maJonty of those present"' and leave existmg policy in
place, to include language to clarify that vmtten commumcatiollS will be
placed on the next avaIlable agenda, or will be placed on an agenda With
compatible Items; and to mclude language encouragmg members ofthe
public to identify themselves and therr neighborhood or City, readmg
resolution by title only and walvmg further reading thereof.
MotIon to amend by CouncIhnember Femstem to include language to clarify
that under 13-rtems members of the public "strive" not to repeat themselves
MotIon accepted as friendly
Motion to amend by Councilmember F emstem, seconded by Mayor Pro Tern
Genser, to change Rule 24 on page 32 to "Unless otherwise determined by a
majority of those Councilmembers present all City Council meetings shall
adjourn at 11 00 pm," and proposmg to add language to the bottom of
page two so that It says. "except as otherwise proVlded in the CIty Charter,
or other laws or these rules" The motion was approved by the followmg
vote
7
November 9, 1999
1076
CounCllmember Rosenstein
was excused at 12 00 a m.
Ayes
Councilmembers Bloom, Femstein. McKeown, Holbrook. I
Mayor Pro Tern Genser. Mayor O'Connor
Counctlmember Rosenstein
None
~oes:
Absent:
Motion by Mayor Pro Tern Genser to include language on Rule 5 as follows
"Councilmembers should endeavor to make a request by 3 '00 pm., on
Thursday in order to insure that the matter will be agendJZed for the
followmg Tuesday However, Items submitted later shall be agendized, If
possible, subject to Brown Act reqwrements." Mohon to amend accepted
as fnendly.
Motion ofCounctlmember Fernstein. seconded by Mayor Pro Tem Genser,
to amend the resolution to mstitute a hrrut of SIX mmutes total. per meeting.
for public testimony with members ofthe pubhc deciding how to apportIon
the time, with a mmnnum of one-mmute increments, and in increments of 1,
2, or 3 mmutes The motion was approved by the follO\'Vmg vote.
Ayes
COllllcilmembers Bloom, Feinstein, McKeown. Holbrook.
Mayor Pro Tem Genser, Mayor O'Connor.
None
Counctlmember Rosenstem
I
Noes
Absent
Motion to amend by Mayor Pro Tern Genser to allow Councd debate when
having a member of the public sworn Motion accepted as fnendly
Motion to amend by Mayor Pro Tem Genser to add" to include but not
limited to ., relative to agendIZing reports from boards and COmmISSions
Motion accepted as frIendly
Vote on Main motion as amended:
Ayes:
Councilmembers Bloom, Feinstein, McKeown, Holbrook,
Mayor Pro Tem Genser. Mayor O'Connor.
None
Councilmember Rosenstem
Noes'
Absent
Motion by Councilmember Feinstem, seconded by Mayor Pro Tern Genser,
to direct staff to look into a systematIc scheduling ofthe mspiration portion
of the agendas m conjunction with community calendars and needs. Mohon
was unanimously approved by voice vote, with Councilmernber Rosenstem
absent.
8
November 9.1999
I
I
I
I
WRITTEN REQUEST:
GRADUATION
FIREWORKS DISPLAY
COUNCILMEMBER
HEMS:
RESIGNA TION
.Mayor 0 'Connor was
excused at 12 10 a m
COMMISSIONER
EMERITUS
PUBLIC L~PUT
CLOSED SESSIONS
1077
13-A- Request of Chris Megamu, on behalf of Santa Monica High
School, to address Council requesting approval of a fireworks display
immediately following the senior graduation on June 21, 2000, was
presented.
On order oftbe Mayor. tbe public hearmg was opened. Members of the
pubhc Ahcia Johnson, Robert Santini, and Jenny Melendez spoke in favor of
the request
Motton ofCouncilmember Rosenstein, seconded by Mayor Pro Tern
Genser, to approve the request Matton was approved by VOlce vote. with
Councilmemher Rosenstein absent
14-A Acceptance of Scott Freshwater's letter of resignation from the
Bayside District Corporation and authorization for the City Clerk to
publish the vacancy.
Motion of Councilmember Femste~ seconded by Councilmember Bloom.
to accept tbe letter WIth regrets, and to direct the City Clerk to publish the
vacancy The motion was approved by VOlce vote, with CouncIhnember
Rosenstem and Mayor O'Connor absent.
14-B: Request of Mayor O'Connor and Councilmember Bloom to
approve the Commission on Older Americans's request to appoint
Rosemary Regalbuto as a Commissioner Emeritus, was presented.
Motion by Councilmember Bloom, seconded by CouncIlmember Feinstem.
to approve the request. The motion was approved by the following vote'
Ayes'
Councilmembers Bloom. Feinstem. McKeov.n, Holbrook,
Mayor Pro T em Genser
None
Mayor O'Connor, COWlcilmember Rosenstem.
Noes
Absent
Members of the public Odas Flake, Stewart Resmer. Randy DIllenbeck, and
Darnel R. Moeher spoke m favor offlymg the POW-MIA flag at City Hall.
Member ofthe public Art Casillas spoke about neighborhood come.
Member of the public Frank Cannava spoke regardmg alleged tort damages
due him Member of the pubhc Chuck Allord expressed concerns on the
percentage oftIille allowed for public input
16-A: Conference with Legal Counsel- Anticipated Litigation.
N umber of cases: Six.
9
November 9. 1999
1078
Mayor 0 'Connor returned
at 12 19 am.
Motion by COWlcilinember Bloom, seconded by COWlcIlmember FeInStein.
to approve the settlement on one case of antiCipated htIgatlon involvmg I
Embassy SUItes by classifying one half the units as apartments and one half
the Ulllts as hotel. and the protectmg of eXISting tenants. as recommended by
the City Attorney MotIon was approved by the following vote:
Ayes'
Noes:
Absent
CouncIlmembers Bloom, Feinstem, McKeown, Holbrook, Mayor
Pro Tem Genser, Mayor O'Collllor
None
CoWlcihnember Rosenstem
MotIon bv COWlcilmember Holbrook, seconded by COWlcIlmember Bloom,
to settle the anticIpated httgation case of the Rossmon claim for second UllltS
to be governed by the results of CALHO vs. Citv of Santa Monica. Motion
was approved by the following vote
Ayes:
Noes:
Absent:
COWlcilmernbers Bloom, Feinstein, McKeown, Holbrook. Mayor
Pro Tern Genser, Mayor O"Collllor
None
COWlctlmember Rosenstein
There was no reportable action taken on the remammg four cases
I
16-B: Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007 078.
ActIon' ThIs matter was not heard
16-C Conference with Legal Counsel- Existing Litigation: Shober v.
City of Santa Monica, Case No. 22005575.
Motion by COWlcihnember Bloom, seconded by COWlcihnember Feinstem.
to approve settlement so that the owner promptly rebuIlds the property
involved, but allows the Landmarks Conunisslon control of the facade The
motion was approved by the followmg vote-
Ayes.
Noes:
Absent:
COWlcthnembers Bloom, Feinstein, McKeo\\'ll, Holbrook, Mayor
Pro Tern Genser, Mayor O"Connor
None
COWlcilmember Rosenstein
10
I
November 9.1999
I
I
I
ADJOURNMENT
1079
16-D: Conference with Legal Counsel- Existing Litigation: Michael
Davis, et aI., v. City of Santa Monica, Case No. 98 C 00152.
Action. This matter was not heard
16-E; Conference with Legal Counsel - Existing Litigation: Alfonso
Venegas, et aI., v. City of Santa Monica, Case No. CV 99-02277 NM
(Cwx).
ActIOn This matter was not heard
16-F Conference with Legal Counsel- Existing Litigation: Alice Cole,
et aI., v. City of Santa Monica, Case No. SC 055 183.
Action. No reportable action taken
On order of the Mayor, the Cny Councd meeting was adjourned at 1240
a m to November 16, 1999 at 6.15 p m
~TTES~
~ lo ~~_0~
Maria M Stewart
CIty Clerk
APPROVED:
,-- ~
Pam O'Connor
Mayor
11
November 9. 1999