M-4/27/1999
884
CITY OF SANTA MONICA
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CITY COUNCIL MINUTES
APRIL 27,1999
A regular meeting of the Santa Moruca City Councll was called to order by Mayor O'Connor at
630 pm, on Tuesday, Apn127, 1999, at City Hall, Council Chambers, 1685 Mam Street
Roll Call
Present
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councllmember MlChael Femstem
Councilmember Robert T Holbrook
CouncIlmember Kevm McKeown
Councilmember Paul Rosenstem
Also Present CIty Manager John Jalili
CIty Attorney Marsha Jones Moutne
City Clerk Mana M Stewart
CLOSED SESSIONS CWSED SESSIONS On order of the Mayor, the City CounCil convened
at 6 30 pm, and then adjourned to consider closed seSSlOns Reportmg on I
closed sessions made at the end of the meeting
RECONVENEIPLEDGE On order of the Mayor the City CouncIl reconvened at 710 pm, with all
members present John Jahh, City Manager, led the assemblage m the
Pledge of Allegiance
CONSENT CALENDAR: The Consent Calendar was presented to conSider and approve all Items in
one monon unless removed from the calendar for diSCUSSIon
The Mayor opened the pubhc heanng and the followmg members of the
pubhc spoke Joy Fullmer expressed vanous concerns, Pro Se spoke in
support of the Target Project, Alan Abshez requested CouncIl clarification
on the Statement of OffiCial Acnon regardmg PacIfic Park hours, Bul Juarez
spoke m support of the pohce reward, Cratg Heard spoke m support of the
advertising contract for the Big Blue Bus
MotIon by Councilmember F emsteUl, seconded by Counctl:member
McKeown, to hear two late speakers for one rmnute MotIon approved by
VOice vote, WIth Counctlmember Holbrook votmg m Opposltlon
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EARTHQUAKE
RECOVERY
WIRELESS DIGITAL
RADIO
PCH TRAFFIC
ENFORCEMENT
885
Brian Hutchmgs expressed vanous concerns, Chuck Allord spoke m support
of PacIfic Park's hours
At the request of Co un cd member Holbrook, Item 6-E was removed from the
Consent Calendar At the request of Mayor Pro Tern Genser, Item 6-Q was
also removed At the request of Mayor O'Connor, Item 6-N was removed
from the consent calendar
MotIon by Councdmember Femstem, seconded by CounCllrnember
McKeown, to approve all Items on the Consent Calendar as presented,
except for Items E, N and Q, readmg resolutIOns and ordinances by tItle
only and WaIvmg further reading thereof The motIon was approved by the
followmg vote
6-A Earthquake Recovery Resolution - ResolutIon No 9388 (CCS)
entItled "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
6-B Non-exclusive agreement to install, operate and maintain a
wireless digital radio communication network in the City to provide
additional telecommunication access to the public and direction to staff
to prepare appropriate implementing documents - recommendatIon to
authonze the CIty Manager to negotIate and execute non-exclUSive
Agreement No 7479(CCS) with Metricom, Inc, to Illstall, operate and
maintam a WIfeless, lTIlcro cellular digItal radIO commumcatIOns network
WIthIn the City to allow access to commumcatlOns semces not presently
avatlable, was approved
6-C Resolution authorizing Police Department participation in multi-
agency task force to increase traffic enforcement along the Pacific Coast
Highway and to receive grant funds - recommendatIOn to adopt
ResolutIon No 9389(CCS) entItled "A RESOLUTION OF THE CITY OF
SANTA MONICA AUTHORIZING SANTA MONICA POLICE
DEPARTMENT PARTICIPATION IN A MULTI-AGENCY TASK
FORCE SPONSORED BY THE CALIFORNIA mGHW A Y PATROL
FOR THE PURPOSE OF INCREASING TRAFfIC ENFORCEMENT
ALONG THE PACIFIC COAST mGHW A Y CORRIDOR AND
RECEIVING GRANT FUND REIMBURSEMENT FOR THE COSTS OF
THE INCREASED ENFORCEMENT," was adopted and the budget
changes recommended III the staff report were approved
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PEDESTRIAN MTI
TRAFFIC SAFETY
CELEBRATE AMERICA
CONCERT
RISK MANAGEMENT
INFORMATION SYSTEM
OFFICE SPACE LEASE
ADI\1IN SUPPORT
SERVICES FOR MERL
PURCHASE OF DUMP
TRUCK
886
6-D Agreement for provision of services related to the City's I
pedestrian and traffic safety public education campaign -
recommendation to authonze the CIty Manager to negotIate and execute
Contract No 7480 (CCS) with the advertISIng agency BIg HankIn' Ideas, in
the amount of $65,000, to aSsIst With the CIty'S pedestnan and traffic safety
pubhc educatton campaIgn, was approved
6-F Approval of fireworks display in Santa Monica College's 17th
Annual "Celebrate America" concert program - recommendatIOn to
approve fireworks dIsplay at the Santa Maruca College "Celebrate Amenca"
concert program on Saturday, July 3, 1999, was approved
6-G Purchase of Risk Management information system -
recommendation to authonze the CIty Manager to negotIate and execute
Agreement No 7482 (CCS) With Valley Oak System, In the amount of
$114,400, for the purchase and mstallatIon of a nsk management mformatIon
system for claIms proceSSIng, financial and safety analYSIS, and budgetIng
capabIhtIes for the CIty'S self-msurance programs, was approved
6-H Lease extension for office space for the City's Multifamily
Earthquake Repair Loan ProgramIHousing and Redevelopment
Agency - recommendatlOn to authorize the CIty Manager to negottate and I
execute a two-year extension to Contract No 6622 (CCS), in the amount 0
$1 75 per square foot, with En S and Yona Y Krach for office space at
2121 Cloverfield Boulevard, SUite 100, for MERLJRedevelopment staff, was
approved
6-1 Contract for provision of administrative support services to the
Multifamily Earthquake Repair Loan Program (MERL) -
recommendatIon to authonze the City Manager to negotiate and execute
Contract No 7105 (CCS) WIth WIlldan ASSOCIates, In the amount of
$340,000, to proVide adrmmstratIve support sefVlces to the MERL Program,
was approved
6-J Purchase of one compressed natural gas-powered dump truck -
recommendatIOn to award BId No 2753 to Carmernta Truck Center, In the
amount of$153,027 61, to furmsh and dehver one CNG powered 8-yard
dump truck for the Envrronmental and Pubhc Works Management
Department, was approved
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REFUSE COLLECTION
VEHICLE
6-K Purchase of one compressed natural gas powered refuse collection
vehicle - recommendatIon to award Bid No 2743 to PacIfic Coast Truck
Center, In the amount of$181,937 71, to furnish and dehver one CNGfront
end loader refuse collectIOn velucle for the EnVlfonmental and Pubhc Works
Management Department, was approved
RENOVATION OF
ELEVATORS
6-L Contract for renovation of downtown parking structure elevators
- recommendation to authorize the City Manager to negotiate and execute
Contract No 7483 (CCS) with Amtech Elevator SefVlces, m the amount of
$575,000, for the Renovation of the Downtown ParkIng Structure Elevators
- Phase II, was approved
RUN OFF RECLAMA IION 6-M Contract amendment for provision of engineering support
FACILITY services for construction of Dry Weather RunoO' Reclamation Facility -
recommendatIon to authonze the Ctty Manager to negotiate and execute an
amendment to Contract No 6610 (CCS) WIth CH2M Hill Inc, m the
amount of $180,000, to provIde engmeenng support SCfV1ces dunng the
construction of the reclamation faCIlIty, was approved
REWARD OFFER
6-0 Authorization of a reward for information which may lead to the
arrest and conviction of persons responsible for a series of violent
crimes committed in Santa Monica during the fall of 1998, was
approved
ADVERTISING ON BIG
BLUE BUSES
6-P Contract for advertising on the inside and outside of Santa
Monica's Big Blue Buses - recommendatIOn to award Bid No 2757 to
Gateway Outdoor AdveI1lsmg, and authonze the City Manager to negotIate
and execute Contract No 7484 (CCS) for transit bus advertIsmg concession,
was approved
ORDIN^-,1\fCE ADOPTION - 6-R "AN ORDINANCE OF THE CITY OF SANTA MONICA
MAIN STREET BID AMENDING AND MODIFYING THE MAIN STREET BUSINESS
IMPROVEMENT AREA ASSESSMENT DISTRICT, REPEALING
INCONSISTENT PROVISIONS OF ORDINANCES NOS. 1303 (CCS)
AND 1328(CCS) AND LEVYING AN ASSESSMENT ON
BUSINESSES WITRTN SUCH MAIN STREET BUSINESS
IMPROVEMENT AREA," had second readIng and was adopted as
Ordmance No 1940 (CCS)
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888
ORDINANCE ADOPTION
RE PARKING IN PUBLIC
LOTS
6-S "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 3.04.050 AND I
REPEALING MUNICIPAL CODE SECTIONS 3.04.060 AND 3.04.09
OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
PARKING IN PUBLIC PARKING LOTS," had second reading and was
adopted as Ordmance No 1941 (CCS)
TARGET STORE PROJECT 6-E Contract for preparation of environmental impact report on
proposed Target Department Store project at 430 Santa Monica
Boulevard - recommendatIon to authonze the CIty Manager to negotIate
and execute Contract No 7481 (CCS) wIth Rmcon Consultants, Inc , man
amount not to exceed $126,719, and an EIR for the proposed Target
Department Store project, WIth the cost for the EIR to be prod m advance by
Target
Counctlrnember Holbrook adVlsed he removed tIDs item from the Consent
Calendar in order to record a negative vote
MotIon by Mayor Pro Tern Genser, $econded by Counctlmember Femstein.
to approve staff recommendation The motion was approved by the
followmg vote
AYES
Councllmembers Feinstem, McKeown, Rosenstem, Mayor I
Pro Tem Genser, Mayor O'Connor
None
None
Counctlmember Holbrook
NOES
ABSENT
ABSTAIN
BIG BLUE BUS
IMPROVEMENT PLAN
6-N Recommendation to adopt the Big Blue Bus Service Improvement
Plan Update
Staff answered questIOns of Mayor O'Connor relatIve to specIfic changes
and Improvements for bus routes
MotIon by CouncIlmember Femstein, seconded by Councilmember
McKeown. to approve staff recommendatIOn The motion was approved by
the followmg vote
AYES
Councllmembers Femstem, McKeown, Rosenstem, Holbrook,
Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
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889
PACIFIC PARK HOURS OF 6-Q Approval of Statement of Official Action for Appeal of Planning
OPERATION Commission approval to allow expansion of Pacific Park's hours of
operation - recommendation to approve the Statement of OfficIal Action for
Appeal 98-008 of the Plannmg COllllIDsslOn's approval to amend condItions
to allow expansion ofPacdic Park's hours of operatlOn, mcrease number of
holidays WIth expanded operating hours, and to allow special hours for up to
24 annual pnvate events at the amusement park
DISCUSSIon ensued regardmg the Council's motion to approve the expansIOn
of hours and clanficatlOn of specIfic pomts
Motion by Councilmember Rosenstem, to approve staff recommendatIon
amended by modIfYmg language on condItion II b(4), page 7, to read
"Include up to 24 special pnvate partIes dunng winch the amusement park
would be closed to the general public may be pemntted" To delete the
words "or ehnunate" from 11 be?) winch states "The Sea Dragon RIde shall
be retrofitted 10 a manner to reduce or eliminate nOIse from the nde audible
from Appian Way"
Substitute motion by Mayor Pro Tern Genser, seconded by Councilmember
F emste1O, to approve staff recommendation amended by modIfYmg language
on conditIon 11 b( 4), page 7, to read "Include up to 24 speCIal private
partles dunng which the amusement park would be closed to the general
pubhc may be penrutted" Also amended to add the word ..these" to the
followmg phrase "'The operatmg hours for these speCIal pnvate parties may
be from 10 00 am, to ffildmght, proVldmg the folloW1ng condluons are
met " The substitute motion was approved by the following vote
AYES
CouncIlmembers Femstem, McKeown, Mayor Pro Tern
Genser, Mayor O'Connor
CouncIlmembers Rosenstein, Holbrook
None
NOES
ABSENT
END OF CONSENT CALENDAR
ADMIN. PROCEEDINGS 7-A Appeal oftbe Planning Commission's approval to allow
APPEAL - CONVERSION conversion of the Pacific Gardens Retirement Hotel to a Residential
PROJECT AT 851 2"1) ST. Care/Assisted Living Facility for the Elderly (851 rd Street)
On order of the Mayor, thts appeal was continued at the request of apphcant
and appellant
6
890
ORDINANCES - SECOND 8-A Staff introduced for first reading an ordinance entitled: "AN I
DWELLING UNITS ORDINANCE OF THE OTY OF SANTA MONICA AMENDING
THE CITY'S ZONING ORDINANCE TO ESTABLISH
PERMANENT STANDARDS FOR SECOND DWELLING UNITS IN
THE R-I AND OP-l ZONING DISTRICTS."
On order of the Mayor, the publIc heanng was opened The followmg
members of the public spoke in support of the ordinance Lou Moench,
Chuck Allord, DaVld Rosman, F amm !sam, and Coos Hardmg who
expressed concerns regardmg the use restnctlOns
The followmg members of the pubhc spoke m opposItion of the ordmance
Rose Kaufinan, Polly Benson-Brown, Walter Anger, SheIla Wells, Gtles
SIll1th, Robert Lee Hotz, and Bnan Hutchmgs
11m Isaacs expressed concerns regardmg restricted dwelhng units and
pOSSIble dlscnmmatlOn and VIOlation and civIl nghts for ethnic mmontIes or
clnldren John Hathorn encouraged CouncIl to extend the mtenm ordmance
and study ways so that second dwelhng umts do not negatIvely Impact single
family dtstncts Joy Fullmer expressed vanous concerns
Motion by Mayor Pro Tern Genser, seconded by CouncIlrnernber Holbrook, I
to introduce and hold first reading of the ordmance, amended on page 23,
subparagraph ( a) to read "The second U1llt shall be mtended to be used
';vk:j for occupancy as a resu1entwl dwellmg "WIth the word "solely"
deleted The motlOn was approved by the followmg vote
AYES
Councilmembers Holbrook, McKeown, Mayor Pro Tern
Genser, Mayor O'Connor
Counctlmember Rosenstem, F emstem
None
NOES
ABSENT
Counctlmember F emstem stated, for the record, that he voted "no" not
because he does not beheve the City should preserve the mtegnty of its
neIghborhoods but because he believes It can be more appropnately
accomplished by regulating the number of units rather than the type of
mhabltants
RECESS
On order of the Mayor, the Ctty CouncIl recessed at 947 pm, and
reconvened at 10 08 pm, WIth all Councilmembers present
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STAFF ADMIN. ITEMS
QUALITY OF LIFE
891
9-A Recommendation to receive report from the Pico Neighborhood
Advisory Committee addressing the quality of life in the area bounded
by 14th S~reet to Stewart and Pico ~o Olympic Boulevard, was presented
by Pohce Cmef Butts, Ed Bell, Lupe Castro on behalf of Rosemary Cuadms,
Adam Nathan, Domtnlck Babmnca
On order of the Mayor, the pubhc heanng was opened The foUow1Og
members of the pubhc spoke m support ofthts project Michael Summers,
Clara Romero, Bnan Hutchmgs, Oscar de la Torre, Cesar de la Torre,
George George, and Frank Juarez
Mohon by Councllmember McKeown., seconded by Councllmember
Rosenstein., to reCeive and file, With great gratitude The motion was
unamrnously approved by VOice vote
WRTITEN COMMUNICA-13-A Request of Nancy Goodstein to address Council regarding
TIONS - USE OF LAND zoning and land use of city-owned land at the Santa Monica Airport.
A T AIRPORT
2929 PICO BLVD.
On order of the Mayor, the mformatlOn received and filed, as Ms
Goodstem was not present
13-B Colin Edwards presented his request for assistance to Council
regarding the on-going problems associated with Bundy Auto, a
junkyard located at 2929 Pico Boulevard.
Members of the pubhc Faron Isom, and Paul Colhns spoke 10 support of the
request DaVid Schwartz, owner of the property 10 queshon., adVised that he
had communicated wrth the residents and 10tended to clean up the site
Immediately
On order of the Mayor, the information was received and filed
Motion by Counctlmember Feinstem, seconded by Councilmember
McKeown., to continue the meetmg past 11 00 P m MotlOn approved by
VOlce vote "'"lth Councllmember Rosenstem votmg m opposition
COUNCIL ITEMS 14-A Appointment to ooe vacancy 00 the Los Angeles County West
L.A. CO. WEST VECTOR Vector Control District for a term ending December 31,2000.
CONTROL
On order of the Mayor, tlus appomtment was contmued to May 25, 1999
8
BUILDING & SAFETY
MTI,LENNIDM -
CARILLON/CLOCK
AREA CODE CRISIS
MODIFICATION OF
TENANT HARASSl\fENT
ORDINANCE
892
14-B Appointment to one unscheduled vacancy on the Building & I
Safety Commission for a term ending June 30, 2000. (Continued from
3/16/99. )
On order of the Mayor, tlus appomtment continued to May 11, 1999
14-C Request of Coundlmember Holbrook to direct staff to research
the cost of a carillon and clock as a permanent installation in
celebration of the Year 2000 and the new millennium.
Member of the pubhc Bnan Hutclungs spoke in favor of the request
Motion by Counctlmember Holbrook, seconded by Councllmember
McKeown, to approve request The motton was unarumously approved by
vOice vote
14-D Request of Councilmember Rosenstein to advocate for the
resolution of the area code crisis that is negatively impacting Santa
Monica residents and businesses, and authorize staff to pursue
solutions through appropriate State and Federal officials.
Members of the pubhc Jerry Rubm and Bnan Hutchmgs spoke 10 support orl
the request
Motion by Councilmember Rosenstem, seconded by Counctlmember
F emstem, to approve request The motIon was unarumously approved by
VOIce vote
14-E Request of Councilmembers McKeown and Feinstein to direct
staff to respond to dramatically increased tenant complaints by
clarifying and strengthening Santa Monica's Tenant Harassment
Ordinance; adding protection against wiDful actions intended to cause
a tenant to vacate a unit, including deliberate deprivation of quiet
enjoyment; defining liability in related civil actions by the
preponderance of evidence standard; and otherwise modifying, as
directed by Council.
MotIOn by Councilmember Femstem, seconded by Councllmember
McKeown, to approve request and drrect staff to return WIth an emergency
ordmance The motion was unammously approved by vOice vote
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CLOSED SESSIONS
893
16-A
Conference with Legal Counsel- Existing Litigation: Tiffany
Allen v. City of Santa Monica, Case No. SC 049 021.
MotlOn by Counctlmember Feinstein, seconded by Councllmember
McKeown, to approve settlement in the amount of $27,500 The motIOn
was approved by the following vote
AYES
Councilmembers Rosenstem, McKeown, Femstem, Mayor
Pro Tern Genser, Mayor O'Connor
None
CounCllmember Holbrook
None
NOES
ABSTAIN
ABSENT
16-C Conference with Legal Counsel ~ Existing Litigation: Coalition
Advocating Le2a1 Housin& Options v. City of Santa Monica,
Case No. BS 053-199.
ACTION No reportable action taken
16-E Conference with Legal Counsel- Anticipated Litigation:
Number of Cases: Three.
Motion by Councdmember Femstein, seconded by Councdmember
McKeown, to approve settlement on one case of payment by Santa Moruca-
UCLA Hospital to the City m the amount of $640,000 The motion was
approved by the followmg vote
AYES
Counctlmembers Holbrook, Rosenstem, McKeown, Femstem,
Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
16-F
Conference with Real Property Negotiator:
Property: 1228/1230 Montana Avenue, Santa Monica
Negotiating parties: Jeff-Mathieu, City representative
Pierce Brothers, owner of record
Under negotiation: Option for acquisition of real estate
property
ACTION
No reportable actIOn taken
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PUBLIC INPUT
RECESS
ADJOURNMENT
894
PUBLIC INPUT Chuck Allord dIscussed the nOlse ordmance and
enforcement problems Bnan HutchIngs dIscussed results of the specIal
municIpal election recently held
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On order of the Mayor, the CouncIl recessed at 1228 am, and contmued on
Wednesday, Apn128, 1999, at 700 pm, to discuss the following closed
seSSlOns
16-B Conference with Legal Counsel- Existing Litigation: Steichen
v. City of Santa Monica, Case No. SC 041 545.
ACTION No reportable actIon taken
16-D Conference with Legal Counsel- Existing Litigation: City of
Santa Monica V. 1723 Cloverfield Partners, Case No. Be 191
656.
ACTION No reportable actlOn taken
On order of the Mayor, the City Councll meeting was adjourned at 9 30 I
pm, to May 11, 1999,10 memory of Hen nett a Pally and Melvrn Genser
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ATTEST
~~.~ ~~~.~
Maria M Stewart
CIty Clerk
-
APPROVED
'Gl ~11r---
Pam O'Connor
Mayor
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