M-4/13/1999
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873
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
April 13, 1999
A regular meetmg of the Santa Moruca CIty Councd was called to order by Mayor O'Connor at
624 pm, on Tuesday, Apnl13, 1999, at the Maln LIbrary AudItonum, 1343 6th Street
Roll Call
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councdmember MIchael FeinsteIn
Councdmember Robert T Holbrook
Councdmember KeVIn McKeown
Councllmember Paul RosensteIn
Present
Also Present City Manager John Jahh
City Attorney Marsha Jones Moutne
CIty Clerk Mana M Stewart
CLOSED SESSIONS
CLOSED SESSIONS On order of the Mayor, the City Councd convened
at 6 24 pm, and then recessed to consIder the follOWIng closed seSSIOns
16-A Conference with Real Property Negotiator:
Property: 820 Broadway, Santa Monica
City Negotiator: JefTMathieu, City representative
Owners of Record: 828 Broadway Associates, LLC
Under negotiation: Acquisition of real estate property
No reportable actIOn was taken
16-B Conference with Legal Counsel- Existing Litigation: Tiffany
Allen v. City of Santa Monica, Case No. SC 049021.
ThiS case was not heard
16-C Conference with Legal Counsel- Existing Litigation: Milton v.
City of Santa Monica, Case No. SC 049 200.
Tlus case was not heard
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Apnl 13, 1999
874
Conference with Legal Counsel - Existing Litigation: City of I
Santa Monica v. Cloverfield Partners, Case No. BC 191656.
ThIs case was not heard
16-D
16-E Conference with Legal Counsel- Existing Litigation: Coalition
Advocating Legal Housing Options v. City of Santa l\fonica,
Case No. BS 053199.
No reportable act1Qn was taken
16-F Conference with Legal Counsel - Anticipated LitigatIOn.
Number of cases: Two.
No reportable act1Qn was taken
16-G Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Municipal Employees Association
No reportable actiOn was taken
RECONVENE/PLEDGE On order of the Mayor the City Council reconvened at 7 20 pm, With all I
members present Councilmember Rosenstein led the assemblage m the
Pledge of Allegiance
SPECIAL AGENDA
ITEMS
PROCLAMATION
4-A Mayor O'Connor issued a proclamation declaring the month of
April!999 as Earthquake Preparedness Month in the City of Santa
Monica. Fire Chief Ettore Berardinelli accepted the proclamation.
CITY MANAGER
APPOINTMENT
4-B Appointment of Susan McCarthy to the position of City
Manager, effective November 21,1999, and direction to Mayor and
City Manager to negotiate and execute an employment contract.
Member of the pubhc Jerry Rubm spoke m support of the appointment and
congratulated appointee Susan McCarthy Brian Hutdllngs expressed hIs
vIews
Motton by Mayor O'Connor, seconded by CouncIlmember Femstem, to
appomt AssIstant City Manager Susan McCarthy to the position of City
Manager effectIve November 21, 1999, and to direct the Mayor and the City
Manager to negotiate a contract WIth Ms McCarthy The motion was
approved by the followmg vote
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Apnll3, 1999
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AYES
Councllmembers Femstem, McKeown, Rosenstem,
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
CONSENT CALENDAR: The Consent Calendar was presented to consIder and approve m one motIOn
unless removed from the calendar for diSCUSSion The Mayor announced
that Item 6-B was Withdrawn by staff
On order of the Mayor, the pubhc hearing was opened Wayne GraJewskt
and Ray PntnlClas, representmg Gateway Advemsmg, urged Council to not
re-bid Item 6-D Joy Fuller and Brian Hutclungs expressed vanous
concerns
PatriCia Cochran and Chuck Allord discussed concerns regardmg item 6-G,
eXlstmg cable servIce and rate mcreases There bemg no other speakers, the
Mayor closed the public hearing
At the request of Councdmember F emstem, Items 6-D and 6-G were
removed from the consent calendar
Motion by Councdmember Femstem, seconded by Mayor Pro Tern Genser,
to approve the consent calendar With the exceptlOns of items 6-B, 6-D, and
6-G, readmg resolutiOns and ordmances by title only and waivmg further
readmg thereof 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
EARTHQUAKE
RECOVERY
6-A Earthquake Recovery Resolution - ResolutiOn No 9385 (CeS)
enlltled "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
PACIFIC PARK - HOURS 6-B Statement of Official Action regarding Expansion of Pacific
OF OPERATION Park's Hours of Operation On order of the Mayor, tills item was
Withdrawn at the request of staff
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Apnl 13, 1999
DISASTER RECOVERY
BIG BLUE BUS
SCHEDULES
COASTAL INTER-
CEPTOR SEWER
LAW ENFORCEMENT
INTRANET SERVICE
BIG BLUE BUS
ADVERTISING
876
6-C Amendment to contract for continuation of management of the I
Disaster Recovery Office - The recommendation to authonze the CIty
Manager to negotIate and execute an amendment to Contract No 6962
(CCS) WIth F J Schroeder & ASSOCIates, In the amount of $199,680, for
two addluonal years of management services for the DIsaster Recovery
Office m the Environmental and Publ1c Works Department, was approved
6-E Rejection of bids to furnish and deliver bus schedules for the Big
Blue Buses - The recommendatIon to reject all bIds to furnIsh and dehver
bus schedules and dtrect staff to reVIse specIficatIOns and rebId the
reqwrement, was approved
6-F Contracts for construction management and engineering services
for the Coastal Interceptor Sewer Project - The recommendatIon to
authonze the City Manager to negotIate and execute Contract No
7476(CCS) With Black and Veatch, Inc, In the amount of$I,461,000, for
constructIOn management and mspectIon servIces, to negotiate and execute
an amendment to Contract No 7216(CCS) WIth Montgomery Watson
Amencas, in the amount of $333,000, for engmeenng sefV1ces dunng
constructton of portions of the Coastal Interceptor Sewer project, and, to
authorize the budgetary adjustments recommended 10 the report, was
approved I
6-H Contract for GTE for use of Law Enforcement Intranet Service -
The recommendation to authonze the City Manager to negottate and
execute Contract No 7477(CCS) WIth GTE Law Enforcement Servtces for
Police Department use of law enforcement Intranet service (The Basttlle) to
allow the shanng of cnme rnformatlOn WIth other local, regIOnal and natIonal
law enforcement agencIes, was approved
6-D Rejection of bids for Big Blue Bus advertising concession -
recommendatIon to reject all bIds for the advertiSIng conceSSIOn and direct
staff to rebid the requirement
Staff answered questIons from Councllmembers relatmg to the reasons for
the recommendation to reject the bIds
Motton by CouncIlmember Femstem, seconded by Councllmember
Rosenstem, to approve staff recommendatLon The motion was approved by
the followmg vote
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AYES
Councllmembers Holbrook, Rosenstem, McKeown,
Femstem, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
CENTURY CABLE RATE 6-G Public hearing to adopt resolution approving a rate order
ORDER regarding the basic cable service tier and the equipment and
instaUation rates for Century Southwest Cable Television, Inc.
Staff answered questiOns from Councllmembers regardmg the proposed
recommendatiOn and actions that staff plans to take m the future relatIve to
rate mcreases to cable users
Mollon by Councdmernber McKeown, seconded by Councdmember
Femstein, to adopt ResolutIon No 9386(CCS) entItled "A RESOLUTION
OF THE CITY OF SANTA MONICA ADOPTING A RATE ORDER
REGARDING THE BASIC CABLE SERVICE TIER AND THE
EQUIPMENT AND INSTALLATION RATES FOR CENTURY
SOUTHWEST CABLE TELEVISION, INC ," readmg by tItle only and
w8.Ivmg further readmg thereof The motIon was approved by the followmg
vote
AYES
CouncIlrnembers Holbrook, RosensteIn, McKeown,
Femstem, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
ORDINANCES:
The Mayor announced that Items 8-A and IO-A would be heard and
consIdered concurrently
MAIN STREET ASSESS-
MENT DISTRICT
8-A StatT presented for introduction and first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING AND MODIFYING THE MAIN STREET BUSINESS
IMPROVEMENT AREA ASSESSMENT DISTRICT, REPEALING
INCONSISTENT PROVISIONS OF ORDINANCE NOS. 1303 (CCS)
AND 1328(CCS) AND LEVYING AN ASSESSMENT ON
BUSINESSES WITHIN SUCH MAIN STREET BUSINESS
IMPROVEMENT AREA."
PUBLIC REARING FOR lO-A Public bearing for tbe Main Street Business Improvement Area
ASSESSMENT DISTRICT Assessment and introduction and first reading of an ordinance
amending and modifying the Main Street Business Improvement Area
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Apnl 13, 1999
878
Assessment District, repealing inconsistent provisions of ordinances I
1303(CCS) and 1328(CCS) and levying an assessment on businesses
within such Main Street Business Improvement Area.
On order of the Mayor, the pubhc heanng was opened Joy Fuller expressed
various concerns Daniel Ehrler, representIng the Chamber of Commerce,
Susan Lieberman, Tom BInder, Judy Abdo, Russ Barnard, LeslIe Paonessa
and Chuck Allord spoke In support ofthe recommendatIOn
Lily Craiger requested an exemption from the assessment fees to
mdependent contractors such as herself
Mobon by Mayor Pro Tern Genser, seconded by Councilmember Holbrook.
to mtroduce and hold first readIng of the ordmance, reading by tItle only and
wmvmg further readIng thereof The motIOn was approved by the folloWIng
vote
AYES
Councdmembers Holbrook, RosensteIn, McKeown,
Femstem, Mayor Pro Tem Genser, Mayor O'Connor
None
None
};TOES
ABSENT
PUBLIC PARKING LOTS 8-B StafT presented for introduction and first reading an ordinance
entitled: "AN ORDINANCE OF mE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE SECTION 3.04.050 AND
REPEALING MUNICIPAL CODE SECTIONS 3.04.060 AND 3.04.090
OF THF SANTA MONICA MUNICIPAL CODE RELATING TO
PARKING IN PUBLIC PARKING LOTS."
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On order of the Mayor, the pubhc heanng was opened Member of the
public Joy Fullmer expressed vanous concerns There bemg no other
speakers, the public heanng was closed
MotIOn by Councdmember McKeown., seconded by Mayor Pro Tern Genser,
to Introduce and hold first reading of the ordinance, reading by title only and
waivmg further reading thereof The motlon was approved by the followmg
vote
AYES
Counctlmembers Feinstem, McKeown, Rosenstein,
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
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LANDLORD'S
RELOCATION
OBLIGATIONS
PUBLIC HEARINGS
VACATION OF EXCESS
PROPERTY
879
8-C Staff presented for introduction and adoption emergency
Ordinance No. 1939(CCS) entitled: "AN ORDINANCE OF THE CITY
OF SANTA MONICA AMENDING SECTIONS 4.36.090 AND
4.36.100 OF THE SANTA MONICA MUNICIPAL CODE
SPECIFYING AN OWNER'S RELOCATION OBLIGATIONS
W1fF.N THE OWNER MUST OBTAIN TEMPORARY POSSESSION
OF A RENTAL HOUSING UNIT TO COMPLY WITH HEALTH,
SAFETY OR BUILDING LAWS AND LEGAL REMEDIES AND
DECLARING THE PRESENCE OF AN EMERGENCY."
On order ofthe Mayor, the pubhc heanng was opened Members of the
publIc Joy Fulmer and Pro Se spoke m favor of the ordmance
MotIOn by CouncIlmember Femstem, seconded by CouncIlmemher
McKeown, to mtroduce and adopt the ordmance, reading by title only and
WaIvmg further readmg thereof, and amendmg the ordmance to add to page
5, SectIon 3 "As an urgency measure tlus ordmance 1S effectIve immedIately
upon Its adoptIOn, and tenants currently dIsplaced for the reasons specified
m SectIon 4 36 100 are entitled to Its protectIon from the date of adoptIOn"
Also amended by addmg language to address quahty and accessIbIlIty Issues
dIscussed, and on page four, secbon (b) to delete "not hnuted to" and add
"msurance covenng movmg and compensatIOn for any damage occumng
dunng the move" The ordmance was adopted as amended by the followmg
vote
AYES
Councllmembers Holbrook, Rosenstem, McKeown,
Feinstem, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
10-B Public hearing to adopt Resolution No. 9387(CCS) entitled: A
RESOLUTION OF THE OIT OF SANTA MONICA ORDERING
THE VACATION OF EXCESS STREET RIGHT-OF-WAY AT
SOUTHEAST CORNER OF DELAWARE AVENUE AND HIGH
PLACE" - recommendatIOn to hold a pubhc hearing, receIve mput, and
adopt a resolutIOn ordenng the vacation of excess street nght-of-way
Mobon by Councilmember Femstem, seconded by CouncIlmember
McKeown, to adopt resolutIOn, readmg by tItle only and WaIving further
readmg thereof The motion was approved by the followmg vote
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Apnl 13, 1999
880
AYES
Councdmembers Holbrook, Rosenstem, McKeown,
Femstem, Mayor Pro Tern Genser, Mayor O'Connor
None
None
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NOES
ABSENT
RECESS
On order of the Mayor, the CIty Councd recessed at 9 21 pm, and
reconvened at 10 25 pm, WIth all members present
13-A Brian Hutchings addressed Council concerning the pros and
WRITTEN cons of water fluoridation in the City of Santa Monica and requested
COMMUNICATIONS Council investigate this issue.
WATER FLUORIDATION
On order of the Mayor, the information was received and filed
PREFERENTIAL
PARKING ZONES
13-B Daniel Ehrler, representing the Santa Monica Chamber of
Commerce addressed Council and asked for reconsideration of March
23, 1999, approval of Preferential Parking Zone SS.
On order of the Mayor, the pubhc heanng was opened Members of the
publIc Brenda Sutton-Wills, Jane McNetl Wyner, Deborah DaVIS, Elaine
IrVIng, Andre de Montesquius, Bob Gabnel, Matt Altshul, and Ann SImon I
spoke in support of the request
Members of the publIc Dan RIchards, Alhson Velkes, VIncent Cobb, Tony
Mollica, DIeter ScWosser, and Chuck Allord spoke m opposItIon to the
request
Motion by CouncIlmember McKeown, seconded by Councdmember
Feinstein, to drrect staff to modifY the process for approvmg preferential
parking zones to Include commurucatmg With all affected reSIdents and
businesses, to monitor tlus parking zone and Include a plan for a
comprehensIve evaluatIOn of parkIng problems and solutIOns as part of
budget reVIew
Substitute motion by Councilmember Rosenstem, to suspend
IDlplementatton untd a more wIdespread and comprehenSive study can be
done Motton died for lack of a second
On a call for the vote, the main motion was unarumously approved by VOice
vote, with all members present
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CITY/CHAMBER
PARTNERSHIPS
SANTA MONICA
AIRPORT
REQUEST TO
PURCHASE PROPERTY
FOR PARK USE
Councr/member Holbrook
was excused at 12.20 a m
CITY'S QUALITY OF
LIFE
881
13-C Daniel Ehrler, on behalf of Santa Monica Chamber of
Commerce, addressed Council regarding the policy of excluding
partnerships between the City and the Chamber of Commerce and
proposed the creation of a task force to re-write existing policy.
Members of the public Jean McNeIl Wyner and Ann Scalohru spoke m
support of the request
Members of the public Bnan Hutclnngs and Chuck Allord spoke In
opposltlon to the request
MotIOn by Councllmember RosensteIn, seconded by Councllmember
Holbrook, to dIrect staff to meet With the appropnate Chamber of
Commerce staff to reVIew exIstmg pohcy and return to Councll WIth any
appropnate changes or recommendatlons The motion faIled by voice vote
With Councllmembers FeinsteIn, McKeown, Mayor Pro Tern Genser and
Mayor O'Connor votmg agamst the motIOn
On order of the Mayor, the mformatlon was receIved and filed
13-D Request of Nancy Goodstein to address Council regarding
zoning and land use of city-owned land at the Santa Monica Airport.
On order of the Mayor, at Mrs Goodstem's request, trus matter was
contmued to Apnl 27, 1999
13-E Victor Fresco presented a request from the North of Montana
Neighborhood Association to purchase the property located on the
corner of Euclid Street and Montana Avenue and converting it into a
city park or village green.
Member of the pubhc Dons Sosm spoke III support ofthe request Bnan
Hutclnngs expressed vanous concerns
DISCUSSIon ensued regarding the City's long-range plans for acquisItlon of
park land and impacts on the budget On order of the Mayor, the
mformatlOll was received and filed
13-F Request of Jim Simmons to address Council regarding taking
immediate action to stop rapid and unwanted change in the City and
reconsider the City's housing policies so that change can be managed.
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COUNCILMEMBER
DISCUSSION ITEMS
COUI1Cl/member Rosenstem
was excused at 12 40 a m
MILLENNIDM
CELEBRATION
882
On order of the Mayor, tlns matter was WIthdrawn at the request ofMr I
Simmons
14-A Request by Councilmember McKeown that the City Council
protect our local jurisdictional authority to prohibit motorized leaf
blowers (SJ\iIMC 4.08.270)~ by going on record in opposition to three
pending state biDs (SB 1267, Polanco; AD 1609, Cardenas; AB 1544,
Granlund) and in support of SCR 19 (Burton).
Mohon by Councllmember McKeown, seconded by MIchael Femstem, to
approve request Mohon unanimously approved by voice vote with
Counctlrnembers Holbrook and Rosenstem absent
14-B Request of Council member Holbrook to direct statTto research
the cost of a carillon and clock as a permanent instaUation in
celebration of tbe Year 2000 and the new millennium.
On order of the Mayor, tlns matter was contmued to Apn127, 1999
USE OF TRAVEL FUNDS 14-C Request of Mayor O'Connor that Councilmembers be
authorized to use travel funds to participate in tbe National Town
Meeting for a Sustainable America, to be held on May 2-5, 1999, and to I
participate in the U.S. Conference of Mayors' Annual Meeting to be
held on June 11-15, 1999.
LffiRARY
CONSTRUCTION BOND
ACCESSffiILITY
APPEALS BOARD
Mohon by Councdmember Femstem, seconded by Councllmember
McKeown, to approve request Motion approved unammously by VOice
vote, With Councilmembers Holbrook and Rosenstem absent
14-D Request of Council member Holbrook to discuss Council support
of SB3~ Library Construction Bond Act~ introduced by Senators Rainey,
Burton and Alpert, and which wiD place a $1 billion issue on the
November 2000 ballot.
Mohon by Councumember McKeown, seconded by Councllmember
Femstein, to approve request Motion approved unammously by voice
vote, With Councllmembers Holbrook and Rosenstem absent
14-E Appointment to one unscheduled vacancy on the Accessibility
Appeals Board for a term ending June 30, 2001. (Continued from
2/23/99. )
On order of the Mayor, tlns appomtment contmued for one month
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PUBLIC INPUT
ADJOURNMENT
883
15 Public Input. The followmg members of the publIc spoke Chuck
Allord discussed vIOlatIOns to nOIse ordmances Art Casillas dIscussed
concerns relatIve to the Police Department Bnan Hutchmgs discussed
vanous concerns
On order of the Mayor, the City Councd meeting was adjourned at 12 55
am, to Apnl 27, 1999, m memory of John ROSSI and Bob Johnson
"---
ATTEST
~~~~
Mana M Stewart
City Clerk
APPROVED
(
~-'A11t (J:/l4
Pam O'Connor
Mayor
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