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M-4/13/1999 I I I 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 1 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 I 2 Apnll3, 1999 I I I 875 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 3 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 I 4 Apnl 13, 1999 I I I 877 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 5 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." I 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 I 6 Apnl13, 1999 I I I 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 7 Apnl 13, 1999 880 AYES Councdmembers Holbrook, Rosenstem, McKeown, Femstem, Mayor Pro Tern Genser, Mayor O'Connor None None I 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 I 8 Apn113, 1999 I I I 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. 9 Apnl 13, 1999 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 I 10 Apn113, 1999 I I I 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 I .-/ 11 Apnl 13, 1999