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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 5, 1999
A regular adjourned meetmg of the Santa Moruca City CouncIl was called to order by Mayor
O'Connor at 6 19 pm, on Tuesday, October 5, 1999, at City Council Chambers, 1685 Mam
Street
Roll Can
Present
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councthnember RIchard Bloom
CounCllmember Michael Femstein
Counctlmember Robert T Holbrook
Councllmember Kevm McKeown
Councllmember Paul Rosenstem
Also Present City Manager John Jahh
CIty Attorney Marsha Jones Moutne
CIty Clerk Maria M Stewart
CLOSED SESSIONS
CLOSED SESSIONS On order ofthe Mayor, the City Councll convened
at 6 19 pm, and then adjourned to consider closed sesSIOns Action taken
on closed seSSIons was reported at the end of the meetIng
RECONVENEIPLEDGE On order of the Mayor the CIty CouncIl reconvened at 7 10 pm, wIth all
members present Mayor Pro Tern Genser led the assemblage m the Pledge
of Allegtance The City Councd recessed thereafter to a special Jomt
meetmg WIth the Redevelopment Agency
SPECIAL JOINT CCIRA-1 Award of contracts for the construction of 1998-99 Street
MEETING: Resurfacing and Pico Crosswalk Improvements Projects and approval
STREET RESURFACINGI ofthird amendment to Reimbursement Agreement between the City
PICO CROSSWALKS and the Redevelopment Agency - recommendation to authonze the City
IMPROVEMENTS Manager and the ExecutIve Director to negotiate and execute Contract No
7585 (CCS) With PALP, Inc ,m the amount of$5,145,682, for the
construction of the Street Resurfacing and P1CO Crosswalks proJects,
authonze the City Manager to nego1J.ate and execute Contract No 7586
(CCS) WIth ConstructlOn Management InspectlOn (eMI), m the amount of
$155,000, for constructIOn management semces of the project, and,
authonze the Clty Manager and the Executlve Dlrector to execute a Trurd
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October 5, 1999
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CONTINUED ITEMS
ORDINANCES
TWO-CAR GARAGE
DIMENSION
Amendment to the ReImbursement Agreement Nos 6606 (RAS) and 66081
(CCS) fOf the CommerCIal Streetscape Program between the CIty and the
Redevelopment Agency
Motion by Agency/Councl1member McKeown., seconded by Agency!
Counolmember Feinstem, to negottate and execute the contract WIth P ALP,
and to execute the thtrd amendment to the Reimbursement Agreement The
motton was approved by the follOWIng vote
AYES
Agency/Councilmembers Bloom, Femstein, McKeown,
Rosenstem, Holbrook, Chatr/Mayor Pro Tern Genser,
ChalrlMayor O' Connor
None
None
NOES
ABSENT
MotIOn by Councllmember F emstem, seconded by Councllmember Bloom.
to authorize the Clty Manager to negotIate and execute a contract with
eM! The motton was approved by the followmg vote
AYES
CouncIlmembers Holbrook, Rosenstem, McKeown,
Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor
None I
None
NOES
ABSENT
On order of the Chmr/Mayor, the specIal Jomt meetmg adjourned at 737
pm, and the regular Clty Councll meetmg convened, WIth all members
present
5-A Appointments to two (Section 8) annual vacancies on the Housing
Commission for two terms ending June 30, 2001.
On order of the Mayor, the appomtments were continued to November 9,
1999
8-A Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA l\tIONICA AMENDING
SECTION 9.04.10.08.060(A) OF ARTICLE IX OF THE MUNICIPAL
CODE TO ALLOW AN UNOBSTRUCTED INTERIOR WIDTH
DIMENSION OF 18' FOR EXISTING TWO-CAR GARAGES IN
EXISTENCE ON MAY 5, 1999, THAT SERVE EXISTING SINGLE
FAMILY RESIDENCES."
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October 5, 1999
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PROHmITION OF ATM
CHARGES
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Motion by Counctlmember Femstem, seconded by Mayor Pro Tern Genser,
to mtroduce and hold first reading of the ordinance, readmg by title only and
Waivmg further reading thereof The motlOn was approved by the folloWIng
vote
AYES
Councdmembers Bloom, Femstein, McKeown, Rosenstem,
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
8-B Introduction and frrst reading of an ordinance of the City of
Santa Monica adding Section 4.32.040 to the Municipal Code
prohibiting surcharges to non-customers at automated teller machines
in Santa Monica.
On order of the Mayor, the pubhc heanng was opened The followmg
members of the pubhc spoke in favor ofthe proposed ordinance Joey
Fullmer, Jarune Benner, Jon Golmger, Chuck Allard, Jerry Rubm, Wendy
Wendlandt, Allen Sallegos, and Marty Santiestevan
The following members of the public spoke in oppOSItion to the proposed
ordInance Jim Glfaldin, Elarne Akouns, Carl Nelson, James Clark, Dan
Eltot, Ann Lederer, Jim HalJun, and Norma Lopez
Considerable discusslOn ensued regarding the City'S ability to enact the
ordinance, the needs of members of the pubhc, and the status of small banks
ill the City
Matton by CounCllmember McKeown, seconded by Councdrnember
Femstein, to Introduce and hold first readmg of the ordinance, reading by
tItle only and Waivmg further reading thereof
Motion to amend by Councilmember Rosenstem, seconded by Mayor
O'Connor, to mclude a ban on fees from non-banking Institutions such as in
convenience stores The amendment faded by the follOWIng vote
AYES
NOES
Councilmembers Rosenstein, Holbrook, Mayor O'Connor
Councilmembers Bloom, FelDstein, McKeown,
Mayor Pro Tern Genser
None
ABSENT
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October 5, 1999
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RECESS
STREET PERFORMERS
AND VENDORS
SubstItute motIon by Councdmember Rosenstem., seconded by I
Councilmember Holbrook. to continue this matter pendmg receipt of a
formal opInIOn from the Attorney General's Office, and dIrectmg staff to
contact the Attorney General's Office and request an opmlOn as soon as
possible The substitute motIon faded by the following vote
AYES
NOES
Councllmembers RosensteIn, Holbrook
Councilmembers Bloom, FemsteIn, McKeown, Mayor Pro
Tern Genser, Mayor O'Connor
None
ABSENT
The main motIon was approved by the followmg vote
AYES
CouncIlmembers McKeown, FeInstein, Bloom,
Mayor Pro Tern Genser
Councdmembers Holbrook, RosensteIn, Mayor O'Connor
None
NOES
ABSENT
Motion by Councilmember FeInsteIn.. seconded by Councdmember
McKeown. to contInue the meeting past 11 00 P m The motion was
unanimously approved by voice vote
On order of the Mayor, the City CouncIl recessed at 11 00 pm, and
reconvened at 11 12 pm, WIth all members present
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8-C Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
SECTIONS 6.112.020, 6,112.030, 6.112,050, 6.112.060, 6.112.070,
6.116.050, 6.116.060, AND 6.116.070 OF THE MUNICIPAL CODE
RELA TING TO STREET PERFORMERS AND VENDORS."
On order of the Mayor, the public hearing was opened The follOWIng
members of the public spoke in opposItIon to the ordmance David Hethem,
Paul Dale, Ned Landm, RIck Srmth, Bnan Hutchmgs, and Jerry Rubm The
followmg spoke In support of the ordmance Arthur Hams
Motion by Councilmember Femstem.. seconded by Councilmember
RosensteIn, to introduce and hold first reading of the ordinance, reading by
tItle only and waIvmg further readmg thereof The motlOn was approved by
the follOWIng vote
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October 5, 1999
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AYES
CouncIlmembers Bloom, F elllstelll, McKeown, Rosenstelll.
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
PUBLIC HEARINGS
lO-A Recommendation to hold a public hearing, receive public input,
and approve the Draft Administrative Guidelines for the Affordable
Housing Production Program.
Staff presented the draft gUldehnes and adVIsed of an amendment changlllg
the method ofre-sale, by onginal buyers, ofumts set aSIde by the developer
to sell to ehgIble, low-income purchasers
On order of the Mayor, the pubhc hearing was opened Member of the
pubhc Bnan Hutchmgs expressed varIOUS concerns There beIng no other
speakers, the pubhc heanng was closed
MotIon by Councdmember Femstem, seconded by Counctlmember
McKeown, to reCeIve and file publIc comment and approve the draft
administrative gUIdelines as amended by staff The motion was approved by
the following vote
AYES
CouncIlmembers Holbrook, McKeown, F emstelll, Bloom
Mayor Pro Tern Genser, Mayor O'Connor
None
Abstain
None
NOES
ABSTAIN.
ABSENT.
WRITTEN On order of the Mayor, Items 13-A, 13-B, and 13-C to be heard
COMMUNICA nONS: concurrently The Mayor advised that Mr Pro Se left the meetIng earher
AFFORDABLE HOUSING and requested Jerry Rubm to speak on hiS behalf
13-A The request of Pro Se to address Council regarding use of
funding for 1144 5th Street was presented.
13-B The request of Pro Se to address Council requesting that a
program be established to create affordable home ownership in the
City of Santa Monica was presented.
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13-C The request of Pro Se to address Council regarding creating a I
program to convert abandoned buildings that (reate a publi( nuisance
or endanger public safety into affordable housing, under existing BUD
program, for use by public safety employees was presented.
On order of the Mayor, the mformation was receIved and filed
REQUEST TO RE-OPEN 13-D Request from Cynthia Sinclair to address Council requesting
CASE that a Santa Monica Police Department criminal case be reopened and
investigated.
WAIVER OF FILMING
PERMIT FEES
COUNCILMEMBER
DISCUSSION ITEMS:
APPOINTMENTS
PUBLIC INPUT:
CLOSED SESSIONS:
ACTION
The request was WIthdrawn by Ms Smclalf
13-E The request of Marcus Aurelius to address Council requesting a
fee waiver for a fdming permit on behalf of Infinity Productions was
presented.
On order of the Mayor, the request was recelVed and filed
14-A Appointment to one unscheduled vacancy on the Architectural
Review Board for a term ending June 30, 2001. (Contmued from
September 28, 1999)
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On order of the Mayor, trus matter was contmued to October 12,1999
The following members of the pubhc spoke Chuck Allord expressed
concern regardmg the administration of several departments Hede Franke
spoke regardmg parkmg problems m the Mam Street area Art CaSIllas
expressed concerns regardmg the Police Department Jerry Rubin gave an
update on enVlrorunentallssues Bnan Hutcrungs expressed VarIOUS
concerns
16-A Public Employee Evaluations - Employee Titles: City Attorney,
City Clerk, and City Manager
ACTION
Not heard
16-B Conference with Legal Counsel - Anticipated Litigaflon.
Number of cases: Five.
ACTION
No reportable action taken
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October 5, 1999
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ADJOURNMENT'
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l6-C: Conference with Legal Counsel- Existing Litigation: Michael
Davis, et al., v. City of Santa Monica, Case No. 98C00152.
ACTION.
No reportable action taken
16-D Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Henry Walther, Case No. SC043522.
ACTION
Not heard
16-E: Conference with Legal Counsel- Existing Litigation: Shober v.
City of Santa Monica, Case No. SS 005575.
ACTION:
No reportable actIon taken
16-F Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc., v. City of Santa Monica, Case No. 8S007078.
ACTION
Not heard
16-0: Conference with Legal Counsel- Existing Litigation: Vincent
Sritipan v. City of Santa Monica, et at, Case No. SC 057602.
ACTION.
Not heard.
16-H Conference with Legal Counsel - Existing Litigation: Laura
Cayouette v. City of Santa Monica, et al., Case no. SC049120.
ACTION'
Not heard
On order of the Mayor. the City CouncIl meetmg was adjourned at 12:20
a.m to October 12.1999. in memory of Dorothy Merken
ATTEST-
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APPROVED
Maria M Stewart
Clty Clerk
~~or
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October 5. 1999