M-2/23/1999 (5)
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841
CITY OF SANTA -MONICA
CITY COUNCIL MINUTES
FEBRUARY 23, 1999
A regular meetmg of the Santa Moruca CIty Counctl was called to order by Mayor O'Connor at
620 pm, on Tuesday, February 23, 1999, at the Mam LIbrary Audltonum, 1343 6th Street
Roll Call
Present
Mayor Pam O' Connor
Mayor Pro Tern Ken Genser
Counctlmember MIchael Femstem
Counctlmember Robert T Holbrook
Councllmember Kevm McKeown
Councdmember Paul Rosenstem
Also Present City Manager John Jalili
Asst CIty Attorney Joseph Lawrence
City Clerk Mana M Stewart
CLOSED SESSIONS
CWSED SESSIONS On order of the Mayor, the CIty Counctl convened
and recessed at 6 20 pm, to consider the followmg
16-A Request for Oosed Session to accept resignation of Public
Employee and discuss recruitment process.
Employee Title: City Manager
On order of the Mayor, actIOn on tills Item will be taken towards the end of
the meetmg
Conference with Legal Counsel - Existing Litigation:
16-B Park v. Bahan et aI., Los Angeles County Superior Court Case
No. BS 046061.
No reportable actIOn taken
16-C People v. Clint Martin, Los Angeles County Superior Court
Case No. 8SM04462.
No reportable actIOn taken
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February 23, 1999
RECONVENEIPLEDGE
SPECIAL AGENDA
ITEMS
SPECIAL JOL~T
MEETING
1998-1999 MID-YEAR
BUDGET REVIEW
842
16-D Santa Monica Street Performers Group v. City of Santa Monica'l
Case No. CV 98-7473 LGB (RNBx).
No reportable action taken
16-E Bret Carr v. Santa Monica Police Department, City of Santa
Monica, et aI., Case No. CV 97-8765 HLH (Ex).
No reportable achon taken
16-F Potential Litigation: Number of cases - one.
No reportable actlOn taken
On order of the Mayor the City Councll reconvened at 7 17 pm, WIth all
members present Mayor Pro Tern Genser led the assemblage 10 the Pledge
of Allegiance
4-A Proclamation declaring March 1999 to be American Red Cross
Month. ProclamatlOn was presented by Mayor O'Connor and accepted by
Mr Rtchard Bloom
At 7 20 pm, a Spectal Jomt meetmg of the CIty CouncIl, Parkmg Authonty,1
and Redevelopment Agency was convened
CC/PA/RA-l Fiscal Year 1998-1999 Mid-Year budget review and
adoption of associated budget changes - recornrnendatlon for City Council
to adopt a resolutton estabhslnng new classIficatIOns and adoptmg salary
rates, and for Cay Counell, the Redevelopment Agency, and the Parking
Authority, to each adopt a resolution amendtng the budget
Motton by Counctlmember Rosenstem, seconded by Mayor Pro Tern
Genser, to adopt ResolutlOns Nos 9368 (CCS) (Salary), 9369 (CCS)
entitled, respectively <<A RESOLUTION OF THE CITY OF SANTA
MONICA ESTABLISlllNG NEW CLASSIFICATIONS AND
ADOPTING SALARY RATES" AND "A RESOLUTION OF THE CITY
OF SANTA MONICA AMENDING THE BUDGET FOR FISCAL YEAR
1998-1999," readmg by tttle only and wmvmg further readmg thereof The
motton was approved by the following vote
AYES
Councdmembers Holbrook, Rosenstein, McKeown,
Femstem, Mayor Pro Tern Genser, Mayor O'Connor
None
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NOES
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February 23, 1999
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843
On order of the Mayor, the special JOint meetlOg adjourned and the regular
City CouncIl meeting reconvened, at 7 38 p m
CONSENT CALENDAR:
The Consent Calendar was presented to consIder and approve all Items In
one motion unless removed from the calendar for discussiOn
Motion by Councllmember Femstein, seconded by Councllmember
McKeown, to approve all Items on the Consent Calendar as presented,
readIng resolutIons and ordmances by tItle only and w81vmg further readlOg
thereof The motion was approved by the followlOg vote
AYES
CouncIlmembers Holbrook, Rosenstem, McKeown,
FeInsteIn, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
APPROVAL OF MINUTES 6-A The minutes of December 15 and 22, 1998, CIty Connct! meetings
were approved
EARTHQUAKE
RESOLUTION
6-B Earthquake Recovery Resolution - Resolution No 9370 (CCS)
entItled "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
SENIOR NUTRITION AND 6-C Resolution for application for funds and contract for services -
RECREATION PROGRAM Contract No 7341 (CCS) WIth Los Angeles County for provision of services
was approved, and ResolutiOn No 9371(CCS) entItled "A RESOLUTION
OF THE CITY OF SANTA MONICA AUTHORIZING THE
SUBMITI AL OF A PROPOSAL AND THE SIGNING OF A
CONTRACT TO PROVIDE MEAL AND TELEPHONE
REASSURANCE SERvlCES FOR ELDERLY PERSONS," was adopted
REPAIR OF SANITARY
SEWER MAINS
6-D' Rejection of bids and approval of contract amendment for repair
of earthquake-damaged sanitary sewer mains in Cloverfield and Pico
Boulevards - recommendatIOn to reject all bids receIved, and authonze the
CIty Manager to negotIate and execute an amendment to Contract No 7403
with Preussag Pipe Rehabilitation, in the amount of$2,298,882, for rep81rs
to samtary sewer mains, and negotlate and execute a contract with Harris &
ASSOCIates, In the amount of $190,900, for constructIon management and
Inspection servIces was approved
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February 23, 1999
PURCHASE OF CROWN
VICTORIA SEDA..~S
PURCHASE OF UTILITY
VEIllCLES
PURCHASE OF
AMBULANCE
REJECTION OF BIDS -
RESCLJE APPARATUS
844
6-E Purchase of Ford Crown Victoria Sedans and notification of
exception policy re doing business in or with Burma - recommendation I
to award BId No 2745 to VtllaFord, In the amount of$417,890 54, to
furrush and delIver mneteen new Ford Crown Victona Sedans for the PolIce
Department was approved
6-F Purchase of two utility vehicles for the Police Department -
recommendatIon to award Bl(i No 2741 to Santa Mornca Chevrolet, in the
amount of $56,490 26, to furrush and delIver two PolIce package utility
vemcles for the PolIce Department was approved
6-G Purchase of one Ambulance for the Fire Department -
recommendatIOn to award BId No 2738 to Ackerman Emergency
EqUIpment, Inc, in the amount of $95,668 10, to furnish and delIver one
Type III Slant SIde Modular Ambulance for the FIre Department was
approved
6-H Rejection of bid for Fire Department urban search and rescue
apparatus - recommendatIon to reject BId No 2736 from Super Vacuum
Manufactunng Co , Inc , and direct staff to re-evaluate bid specifications,
research open market for other bIdders, and rebId specificatIons was
approved
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REJECTION OF BIDS FOR 6-1 Rejection of bid for purchase of taiUights for the Big Blue Buses -
BUS TAll.,LIGHTS recommendation to reject bIds submitted for Bid No 2742 and dIrect staff
to rebId the reqUIrement was approved
PURCHASE OF 3/4 TON
PICKUP TRUCKS
6-1: Purchase of two compressed natural gas 3/4 ton pickup trucks and
notification of exception to Policy regarding doing business in or with
Burma - recommendatIon to award BId no 2731 to Robert Loud Ford, In
the amount of $41,748 78, for two CNG 3/4 ton pIck up trucks, for the
Comrnumty and Cultural Semces and the Environmental and Pubhc Works
Management Departments, and notification of exception to Resolution No
8966(CCS) regardmg conductmg busmess WIth firms domg busmess in or
WIth Burma was approved
PURCHASE OF EMISSION 6-K Purchase of emission test analyzer - recommendation to award BId
TEST ANALYZER No 2740 to SPX Corporation, in the amount of $42,639 84, to furnish and
delIver one errusslOn test analyzer for the Environmental and Publtc Warks
Department was approved
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February 23, 1999
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PURCHASE OF CNG CAB
AND CHASSIS
PURCHASE OF
P AS SENGER VANS
845
6-L Purchase of three compressed natural gas cab and chassis with 34-
foot aerial devices - recommendation to award BId No 2727 to Altec
Industnes, Inc, 10 the amount of $207,075 09, to furnish and deliver three
compressed natural gas cab and ChasSIS with 35-foot aenal devIces for the
Environmental and Pubhc Works Department and for Planrung and
Commuruty Development Department was approved
6-M Purchase of two gasoline powered vans and one compressed
natural gas van - recommendatIon to award bid No 2730 to Maunce Sopp
& Son Chevrolet, III the amount of$42,857 78, for two 8-passenger vans
for the City Clerk's Office and EnVIronmental and Pubhc Works
Department, and to Del Arno Dodge, ill the amount of$29,726 53, for one
IS-passenger van, for Commumty and Cultural SefV1ces Department was
approved
DRY WEATHER RUN OFF 6-N Contracts for construction and construction management of dry
FACILITY
CONSTRUCTION
CITY'S INVESTMENT
POLICY
weather runoff reclamation facility; agreement with City of Los
Angeles; loan from the State Water Resources Control Board; and,
contract with (MWD) - recommendatIOns to authonze the City Manager to
negotiate and execute Contract No 7454(CCS) with Pacific Mechanical
Corporation, in the amount of$5,663,000 for the construction of the dry
weather runoff reclamatIon facility, authorize the City Manager to negotiate
and execute Contract No 7455(CCS) WIth Black & Veatch, III the amount
of$458,380, for construction management services of the project, authonze
the CIty Manager to negotIate and execute Agreement No 7456(CC5) with
the City of Los Angeles for cost-sharing of the project, authonze the City
Manager to negotIate and execute Contract No 7457(CCS) WIth the MWD
to receive rebates/recycled water CreditS for the project, accept $5,000,000
loan from the State Water Resources Control Board, and, to approve budget
actIOns outlmed m the staff report, were approved
6-0_ Approval of revised City's Investment Policy and delegation of
investment authority - recommendation to approve the proposed
Investment Pohcy and delegate to the CIty Revenue Manager/ Treasurer
mvestment authonty for March 1, 1999, through February 29,2000, was
approved
MotIon by CouncIl member Femstem, seconded by Mayor Pro Tern Genser,
to dIrect staff to send a letter to the State Treasurer urgmg State legislators
to conSIder a change to the State Code to allow dIvestment in firms whose
policies are contrary to the City's investment pohcy The motIon was
unarumously approved by VOIce vote, WIth all Councdmembers present
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February 23, 1999
846
CAt""JCELLATION OF
COUNCIL MEETING
6-P Recommendation to cancel the March 9, 1999, regular Clty councIl1
meetmg and reschedule the meetmg to March 16, 1999, was approved
END OF CONSENT CALENDAR
ADMINISTRATIVE PRO- 7-A Appeal of Planning Commission Approval to allow expansion of
CEEDINGS: APPEAL RE Pacific Park's hours of operation, increase number of holidays, and
PACIFIC PARK HOURS allow for up to 24 annual private events - recommendation to uphold the
OF OPERATION appeal, and modtfY Planning Conurussion's approval of Development
ReVIew 98-002 to amend condItIons ofapprovaI stIpulated m DR 91-006 to
allow expanSlOn of PaClfic Park's hours of operation, to Increase the number
of hohdays when the park is permitted expanded operattng hours, and, to
allow special hours for up to 24 pnvate events at the amusement park
annually (Contmued from 2/16/99, pubhc heanng closed)
Applicant Santa Monica Amusements, L L C
Appellants Ellen Brennan and Tom Ray
DISCUSSIon ensued relatIve to the Issues raIsed dunng the pubhc heanng,
staff's recommendations, and PacIfic Park's proposals
MotIon by Councilmember Rosenstein, seconded by Councilmember
Holbrook, to deny appeal, uphold the Plannmg Commission's deClslOn, and I
In addition, reqUire PaCIfic Park to enclose the Sea Dragon ride, to proVIde
the City $30,000 annually for a secunty enhancement program, to direct
staff to momtor unpact of extended hours, and to look at the larger area for
security needs, and at others' responsibility for secunty
Substitute motion by Mayor O'Connor, to change hours so that dunng the
non-peak season closmg time Monday through Thursday would be 10 00
p.m., Friday and Saturday at 11 30 pm, and Sunday at I 1 30 P m During
peak: penod Monday through Wednesday at 11 00 pm, Thursday at
mldrught, Fnday and Saturday at 12 30 am, Sunday at 11 30 pm,
Holidays untt! rnldrught, New Year's Eve to 1 00 am, and pnvate partIes to
midnight There was no second to the substItute motion
SubstItute motton by Mayor Pro Tern Genser, seconded by CouncIImember
McKeown, for the hours to be Dunng off-peak season Sunday through
Thursday uotl110 00 pm, Fnday, Saturday and holidays or holiday eves
untIl rnidmght, dunng peak season Sunday through Thursday to 11 00 pill,
Fnday, Saturday, holidays and eves untIl lll1dmght, WIth the exceptIon of
New Year's Eve until 2 00 am, 24 pnvate parties untillll1drught, With
notice in accordance With a plan approved by the Planrung Dlfector, hve
amphfied mUSiC not pemntted after 11 00 pm, except on New Year' 5 eve
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February 23, 1999
847
untt! 1 00 a ill , to reqUlre adnurustratIve approval for any nde change,
subject to nOIse analysIs proVIded by the applIcant, Pacific Park to contnbute
during first year $30,000 for security enhancements, that during the year
staff would study the Impact to security, and that the amount may be
adjusted based on analysIs In subsequent years, to reqUlre a fence enclosure
of the Sea Dragon, as proposed, and closure of the nde at 10 00 pm, on
off-peak season and at 11 00 pIll, during peak season, that the eve of
Martin Luther King's, eve of Presidents' Day, eve of Me mona I Day, eve of
July 4, eve of Labor Day. eve of Veterans' Day, eve of Thanksgnllng and
ThanksgIVIng Day, and Chnstmas Day to have the holIday schedules the
same as weekend hours, except for New Year's Eve that has specified
hours, that vacation periods that will have <<peak hours" schedule be two
weeks for spnng break and from December 26 through January 2
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MotIon by CouncIlmember FeInsteIn to amend substItute motIon., to Include
traffic mitigation requrrements. The motton died for lack of a second
MotIon to amend substItute motion by Mayor O' Connor, seconded by
CouncIlmember Holbrook, to change the peak season clOSIng hours on
Friday, Saturdays, and hohdays to 12 30 a m The motIon to amend faIled
by the following vote
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AYES
NOES
ABSENT
Counctlmembers Rosenstem, Holbrook, Mayor O'Connor
CouncIlmembers Femstem, McKeown, Mayor Pro Tern
Genser
None
The substItute motIon failed by the follOWIng vote
AYES
NOES
ABSENT
Councilmember McKeown, Mayor Pro Tern Genser
CouncIlmembers Holbrook, Rosenstelll., F einstem, and
Mayor O'Connor
None
MotIon to amend mam motton by Mayor O'Connor, to have a noticmg plan
In diSCUSSIon with Planning Drrector, hve mUSIC end at 11 00 pm, for
Planrung DIrector to approve nde changes, to Include In the motIon the
schedule dIscussed for hohdays and eves' ofhohdays The amendments
were accepted as friendly_ The main motIon failed by the following vote
AYES
NOES
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Councdmembers Holbrook, Rosenstem, Mayor O'Connor
Councllmembers McKeown, FeInsteIn, Mayor Pro Tern
Genser
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February 23, 1999
ORDINANCES:
INCREASE IN LOT
WIDTH & DEPTH
Councllmember Holbrook
and Mayor Pro Tem Genser
were excused at 11 11 pm,
due to potential corifIrc! of
mterest.
848
MotIOn by CounclImember Femstem, seconded by Mayor O'Connor, to I
continue the meetmg past 11 00 P m The motIon was unammously
approved by VOice vote
MotIOn by Councllmember Rosenstem, seconded by Mayor O'Connor, to
make ongmal mol1on agam, as amended, except to change the hours for
peak season to closmg at 1230 a m on Fnday, Saturday and holIdays, and
accept staff's recommendatIon regarding vaca1ton hours
SubstItute motIOn by Mayor Pro Tern Genser, seconded by Councllmember
Feinstem, to put on the floor Ius pre\-10US amended substItute motIOn,
amended to accept closing time of 9"00 pm, on off-peak season Sunday
through Thursday and IIDdnight on weekends and holidays That dunng
peak season closmg tIme would be 11 00 pm, Sunday through Thursday,
and 12 30 am, Friday, Saturday and hohdays The substitute motIOn was
approved by the followmg vote
AYES
Counctlmembers Feinstem, McKeown, Mayor Pro Tern
Genser, Mayor O'Connor
Councilmembers Rosenstein, Holbrook
NOES
On order of the Mayor, staff was dlfected to look at secunty lssues m the I
neighborhood and return to Councl! as appropnate
8-A Ordinance No. 1936(CCS) entitled: "ORDINANCE OF THE CITY
OF SANTA MONICA AMENDING SECTION 9 04 08 02 070(C) OF
THE MUNICIPAL CODE TO INCREASE MINTh1UM LOT WIDTH
REQUIREMENTS FROM 50 FEET TO 100 FEET AND MINIMUM LOT
DEPTH REQUIREMENTS FROM 100 FEET TO 175 FEET FOR Rl
ZONED PARCELS WITHIN THE AREA BOUNDED BY THE CENTER
LINES OF FIRST COURT ALLEY, 7TH STREET, MONTANA PLACE
NORTH ALLEY AND ADELAIDE DRIVE," was presented for second
readmg and adoptIOn
Motion by Councdmember Femstem, seconded by Counctlmember
McKeO\vn to adopt ordmance, readIng by tItle only and WaIvmg further
readmg thereof The motIon was approved by the followmg vote
AYES
Counctlmembers Femstem, McKeown, Rosenstem, Mayor
O'Connor
None
Councllmemher Holbrook, Mayor Pro Tern Genser
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NOES
ABSENT
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February 23, 1999
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AUTO REPAffi
REGULATIONS
Councl/member Holbrook
and Mayor Pro Tem Gerner
returned 11-15 pm
MAIN STREET - USES
AND STANDARDS
ADMINISTRA TIVE
ITEMS: PURCHASE OF
RENEWABLE ENERGY
Counctlmember Rosenstem
was excused at 11 20 P m
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8-B Ordinance No. 1937(CCS) entitled: "AN ORDINA.,"l\[CE OF THE
CITY OF SANTA MONICA AMENDING SECTION 9 04 08 15 040 OF
THE MUNICIPAL CODE TO CONDITIONALLY PERMIT EXISTING
AUTO REPAIR BUSINESSES LOCATED IN THE BSC-3 ZONING
DISTRICT TO EXPAND OR INTENSIFY PROVIDED THE PROPERTY
IS PHYSICALLY IMPROVED TO COMPLY WITH CURRENT
DESIGN AND DEVELOPMENT STANDARDS:' was presented for
second reading and adoption
MotIon by Counctlmember Rosenstem, seconded by Councllmember
F emstem, to adopt ordinance, reading by tItle only and wawing further
reading thereof The motion was approved by the followmg vote
AYES
Counctlmembers F emstem, Rosenstem Holbrook,
Mayor Pro Tern Genser, Mayor O'Connor
Councllmember McKeown
None
NOES
ABSENT
Councllmember McKeown stated, for the record, his contmumg dISCOmfort
WIth perpetuatmg a non-confomnng use wruch he feels IS mcompatIble with
the downtown plan and particularly with on-gomg auto repalf next to a
residentIal district
8-C An ordinance entitled: "AN ORDINANCE OF THE CITY OF
SANTA MONICA AME1'..TIING THE ZONING ORDINA.NCE TO ADD
A DEFINITION OF 'INCIDENTAL ARTS AND ENTERTAINMENT
USES' AND ESTABLISlllNG CONDITIONAL USE PERMIT AND
PERMIT 5T ANDARDS FOR SUCH USES IN THE CM MAIN STREET
COMMERCIAL DISTRICT," was presented
On order of the Mayor, this matter was contmued to March 16, 1999
9-A Contract for purchase of Renewable Energy for City facilities-
recommendatIOn to authorize the City Manager to negotIate and execute
Agreement No. 7458(CC5) with Conunonwealth Energy Corporation, to
purchase renewable energy fOf CIty facilitIes, and to approve a change order
to Contract No 6883(CC5), m the amount of $40,000, WIth
Henwood Energy Scmces for contract negotta.tlon and ImplementatIon
services was presented
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February 23, 1999
WRITTEN COMMUNI~
CA nONS: DENIAL OF
BUSINESS LICENSE
NEWSPAPER FOR THE
HOMELESS
850
Motton by Councdmember McKeown, seconded by Councdmember I
F emstem, to approve staff recommendatiOn The motlOn approved by the
followmg vote
AYES
Councllmembers F emstem, McKeov..n, Holbrook, Mayor Pro
Tern Genser. Mayor O'Connor
None
Councdmember Rosenstem
NOES
ABSENT
13-A Request of Du S. Park to address Council regarding a denied
business license application. (Contmued from February 16, 1999)
On order ofthe Mayor, due to the lateness of the hour, this matter was
contmued to March 16, 1999
13-B Ms. Jennafer Waggoner addressed Council to announce that
Making Change, the homeless newspaper, and Side by Side, a
community partnership, will be distributing 10 shopping carts to the
City's neediest homeless people, and requesting that Council notify the
Police Department of this new program.
On order of the Mayor, the Information was recelVed and filed
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COUNCIL ITEMS: 14-A Appointment to one unscheduled vacancy on the Housing
APPOINTMENTS - Commission for a term ending June 30, 2001.
HOUSING COMMISSION
Councilmember McKeown nommated Warren Malfer There bemg no other
nommatlons, Mr Malfer was unarumously appomted by yoice Yote, WIth
Councilmember Rosenstein absent
ACCESSffiILITY
APPEALS BOARD
SOCIAL SERVICES
COMMISSION
14-B Appointment to one unscheduled vacancy on the Accessibility
Appeals Board for a term ending June 30,2001.
On order of the Mayor, tins appointment was continued to April 13, 1999
14-C Appointment to one unscheduled vacancy on the Social Services
Commission for a term ending June 30, 1999. (Contmued from February
9, 1999)
Councilrnernber F emstem nonnnated Marganta Zepeda There bemg no
other nommatlOns, Ms Zepeda was unarumously appomted to the vacancy
by vOice Yote, WIth Councdmember Rosenstem absent
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February 23, 1999
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NOISE ORDINANCE
851
14-D Councilmember McKeown requested Council direct staff to
research amendments to existing municipal noise ordinances, so as to
afford greater protection to residents living in proximity to industrial
and commercial uses.
Cmi1lcllmember Holbrook
was excused at ]2-00 a.m.
CLOSED SESSION
PUBLIC INPUT
ADJOURNMENT
Member of the public Chuck Allord spoke m favor of the request
Motion by Councilmember McKeown.., seconded by Councilmember
Feinstein, to approve request Motion unammously approved, with
Councllmembers Holbrook and Rosenstem absent
16-A Request for Closed Session to accept resignation of Public
Employee and discuss recruitment process.
Employee Title: City Manager
Motion bV Mayor O'Connor, seconded by Counctlmember Feinstein, to
accept City Manager John Jalili's letter of resignation effective November
20, 1999, with great regret Motion approved by VOIce vote With
Counc1lmembers Holbrook and Rosenstein absent
IS PUBLIC INPUT
Member of the Pubhc Pamela Vavra addressed Counell regarding landlord
and rent control Issues Member of the pubhe Art Casillas spoke regardmg
matters with the Police Department Member of the pubhc Bnan Hutchmgs
expressed various concerns
On order of the Mayor, the City CouncIl meetmg was adjourned at 12 17
am, to Mareh 16. 1999, at 6 15 pm. m memory of Randy Ahoth
ATTEST
~'~~L~~
Mana M Stewart
City Clerk
APPROVED
,
~':or-
! ~:o~'con
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February 23, 1999