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M-10/5/1999 (3) I I I 1041 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 1 October 5, 1999 1042 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." I 2 October 5, 1999 I I I PROHmITION OF ATM CHARGES 1043 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 3 October 5, 1999 1044 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 I 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 I 4 October 5, 1999 I I I 1045 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. 5 October 5, 1999 1046 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) I 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 I 6 October 5, 1999 I I I ADJOURNMENT' 1047 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- ~~~ APPROVED Maria M Stewart Clty Clerk ~~or I ;';;o~ 7 October 5. 1999