M-2/9/1999
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 9, 1999
A regular meetmg of the Santa MOllica City Council was called to order by Mayor O'Connor at
621 P rn, on Tuesday, February 9, 1999, at the MalO Library Audttorium, 1343 6th Street
Roll Call
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councdmember Michael Femstein
Councdmember Robert T Holbrook
Councdmernber Ke"1n McKeown
Councdmember Paul Rosenstem
Present
Also Present
City Manager John Jalih
City Attorney Marsha Jones Moutne
City Clerk Mana M Stewart
CLOSED SESSIONS
CLOSED SESSIONS At 6 21 P rn , Councd adJourned to Closed SeSSIon
to consider the following
Labor N egotiattons
16- A City Negotiator
Bargaming Umts
Karen Bancroft, Personnel DIrector
Mumcipal Employees Association (MEA)
ACTION No reportable actton taken
Existing LitigatIOn
16-B Cole, et at v CIty of Santa Monica., Case No SC 055 183
ACTION No reportable actIon taken
16-C Brett Carr v Santa Moruca Police Department, City of Santa
Monica., et at, Case No CV 97-8765 HLH
ACTION No reportable actlOn taken
16-D Santa Moruca Street Penormers Group v City of Santa Moruca,
Case No CV 98-7473 LGB (RNBx)
ACTION No reportable actIon taken
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February 9, 1999
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16-E
Anticipated Litlgation Number of cases - two
ACTION No reportable actIon taken
RECONVENEIPLEDGE On order of the Mayor, Council reconvened at 7 18 pm, wIth all members
present CouncIlmember Rosenstein led the assemblage m the Pledge of
Allegtance
CONSENT CALENDAR: The Consent Calendar was presented to conSIder and approve all Items III
one motIon unless removed from the calendar for dIscussIOn
Members ofthe public Joy Fullmer and Ken Ward addressed Items on the
Consent Calendar
At the request of CouncI1member ~1cKeown Item 6-E was removed from
the Consent Calendar
MotIon by CouncIlmernber Feinstem, seconded by Mayor Pro Tern Genser,
to approve the Consent Calendar, With the excepnon ofItem No 6-E,
readmg resolutlons and ordmances by title only and waIvmg further readmg
thereof The motion was approved by the foHowing vote
Ayes
Counci1rnembers Holbrook, Rosenstem, McKeown, Feinstem,
Mayor Pro Tern Genser, Mayor O'Connor
None
None
Noes
Absent
MINUTES
6-A APPROVAL OF MINUTES The rnmutes of the December 8,
1998, City Council meeting were approved
EARTHQUAKE 6-B EARTHQUAKE RECOVERY RESOLUTION (JANUARY
RECOVERY RESOLUTION 1994 EARTHQUAKE DAMAGE) ResolutIOn No 9365(CCS) entItled
"A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING
THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was
adopted
HAZARDOUS WASTE
SERVICES
6-C CONTRACT FOR HAZARDOUS WASTE SERVICES
Contract No 1449(CCS) was approved with Hazpak, Ine, in the amount of
$65,000 for the remainder ofFY 1998/99, and $200,000 for each
subsequent year, to proVIde hazardous waste transportatIon, management
and recychng/dlSPosal sefYlces through June 30,2001
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February 9, 1999
PARCEL MAP - 911/913
7TH
828
6-D FINAL PARCEL MAP NO. 52548 FOR CONDOMINIUM I
PROJECT Resolutlon No 9366(CCS) entltled "A RESOLUTION OF
THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR PARCEL NO 52548 TO SUBDIVIDE
A PROPERTY AT 911-913 SEVENTH STREET," was adopted, thereby
approvmg a 5-umt condonuruum project
CUSTODIAL CLEANING 6-F ENVIRONMENTALLY PREFERABLE CUSTODIAL
CLEANING PRODUCTS Bid No 2719 was awarded to Naturally Yours
for vanous clearung products, at specIfied Ulllt pnces, and all bIds for three
cleamng products were rejected
EARTHFEST/BA YW ALK I 6-G CO.SPONSORSBIP OF EARTHFEST '99 AND BA YW ALK
KELPFEST AND KELPFEST '99 City co-sponsorslnp ofEarthFest was approved
through payment of $25,000 to Heal the Bay and a co-sponsorshtp of
Baywalk and Kelpfest '99 was approved through a payment of $15,000 to
the Santa Moruca Baykeeper
UTILITY VEIDCLE
ORDINANCES
INCREASE OF LOT
wmm AND DEPTH
E!\I1) OF CONSENT CALENDAR
6.E- PURCHASE OF ONE FOUR-WHEEL DRIVE UTILITY
VEHICLE FOR POLICE DEPARTMENT: Councilmember MCKeown.-
asked and staff answered questlons regardmg advantages of purchasmg fro
local busmesses
After Councll dtSCUSSIOn, staff was directed to return WIth mformatIOn on
awarding bids to local merchants versus lowest bidders
Motion by Councl1member Rosenstem, seconded by Mayor Pro Tern
Genser, to award BId No 2737 to Crown Dodge, In the amount of $28, 125,
to furrush and deliver one four-wheel dnve vehicle for the Pohce
Department The monon was approved by the following vote
Ayes
CouncIlmembers Holbrook, Rosenstem, McKeown, Femstein,
Mayor Pro Tern Genser, Mayor O'Connor
None
None
Noes
Absent
8-A ORDINANCE FOR INTRODUCTION AND FIRST READING
ENTITLED "AN ORDINANCE OF THE CITY OF SANTA
MONICA AMENDING SECTION 9.04.08.02.070 OF TIJF. SANTA
MONICA MUNICIPAL CODE TO INCREASE mE MINIMUM
LOT WIDTH REQUIREMENTS FROM 50 FEET TO 100 FEET
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February 9, 1999
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Counczlmember Holbrook
and Mayor Pro Tem Genser
were excused at 7-33 p.m.,
due to a potentIal cOfifbct.
AUTO REPAIR
BUSINESSES
eozmcl/member Holbrook
and Mayor Pro Tem Genser
returned at 7 45 P m
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AND THE MINIMUM LOT DEPTH REQUIREMENTS FROM 100
FEET TO 175 FEET FOR Rl ZONED PARCELS WITHIN THY
AREABOUNDEDBYTHECENTERLINESOF~TCOURT
ALLEY, SEVENTH STREET, MONTANA PLACE NORTH ALLEY,
AND ADELAIDE DRIVE."
Staff presented the ordmance On order of the Mayor, the public heanng
was opened Member of the pubhc Joy Fullmer expressed her concerns
Members of the pubhc Andy Mmtzer and Stan J obuson spoke m support of
the proposed ordmance There bemg no further speakers, the Mayor closed
the pubhc heanng
MotIon by Councllmember Femstein, seconded by Councllmember
McKeown, to mtroduce and hold first readmg of the ordmance readmg by
title only and waIvmg further readmg thereof The monon was approved by
the followmg vote
Ayes
Councdmembers Rosenstem, McKeown, F emstem,
Mayor O'Connor
None
Councdmember Holbrook, Mayor Pro Tern Genser
Noes
Absent
8-B ORDINANCE FOR INTRODUCTION A."ND FIRST READING
ENTlTLED AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 9.04.08.15.040
OF THE SANTA MONICA 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."
Staff presented the ordmance On order of the Mayor, the public heanng
was opened
Member of the pubhc Joy Fullmer expressed her concerns Howard Jacobs
spoke m OppOSItIOn to the proposed ordmance There being no further
speakers, the Mayor closed the public hearing
Motion by Mayor Pro Tern Genser, seconded by Councllmernber Feinstem,
to introduce for first readmg the ordmance readmg by tItle only and WaIvmg
further readmg thereof The monon was approved by the followmg vote
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February 9, 1999
STAFF ADMIN ITEMS:
PALISADES PARK
RESTROOM
830
Ayes
Counctlmembers Femstem, Rosenstem, Holbrook,
Mayor Pro Tern Genser, Mayor O'Connor
Councdmember McKeown
None
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Noes
Absent
9-A LOCATION OF PALISADES PARK RESTROOM Presented
was the staff report recommendmg that Council reView alternate restroom
location and removal of a tree in Palisades Park, if relocation is approved,
authorize the City Manager to negotiate and execute an Agreement No
7450 (CCS) WIth Oceana Hotel for payment of additional costs assocIated
Wlth the relocabon and approve a categorical exemption from CEQA of
small structures
On order of the Mayor, the publIc heanng was opened Member of the
public Joy Fullmer expressed her concerns The followmg members of the
public spoke in support of the alternate restroom locauon Lu Artz, Dan
Ehrler, Moruca WItt, James Lippman, Emn Carroll, RIchard Papalian, John
McKee, Jay Schulman, Scott Lord, Paul Fme, Art Farwell, Peter MIlton,
Edith Mlton, DaVId Stauber, Suzanne Caplan. Stan Caplan, Bob
Montgomery, LIndsay O'Looney, Ehzabeth Drewry. Herb Laf81r. Jeny
Rtvers, Jeff Ageroff, and Helen Cramer
The followmg members of the public spoke In oppOSItIon to the removal of I
any trees Susan Henderson, Betty Tomeo. Alec Man, and Margaret Kaderh
There being no further speakers, the Mayor closed the public hearing
MotIOn by Mayor Pro Tern Genser, seconded by Councdmember Femstem,
to approve the staff recommendatIon amended to add that the Oceana Hotel
and neIghbors at 833 Ocean Avenue shall pay for a SUItable replacement
tree, as approved by the community forester
Motion by Councilmember McKeown, accepted as frIendly, to authonze
staff to look at re-Iocatmg the tree that WIll be lost so It becomes part of the
park of the future The motion, as amended, was approved by the followmg
vote
Ayes
Councilmembers Holbrook. RosensteIn, McKeown, Femstem.
Mayor Pro Tern Genser, Mayor O'Connor
None
None
Noes
Absent
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February 9, 1999
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RECESS
THE MILLENNIUM -
YEAR 2000
PUBLIC HEARINGS:
ASSESSMENT FOR
STREET IMPROVE-
MENTS
WRITTEN
COMMUNICATIONS
PEN ANNIVERSARY
COUNCILMKMBER
DISCUSSION ITEMS:
ANNUAL
APPOINTMENTS
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On order of the Mayor, the Oty CouncIl recessed at 940 pill, and
reconvened at 10 04 pm. wIth all members present
9-B COMMEMORA nON OF THE NEW MILLENNIUM -
YEAR 2000 Presented was the staff report recommendmg approval of a
City-sponsored commemoratlOn of the New J\1Jllenmum - Year 2000
On order of the Mayor, the public hearing was opened Member of the
publIc Bnan Hutchings spoke in OpposltlOn to a City-sponsored
commemoratIon of the New Mlllenmum There bemg no further speakers,
the Mayor closed the publIc heanng
Motion by Mayor Pro Tern Genser, seconded by Councilmember
Rosenstem, to approve the staff recommendatlOn generally and consIder the
followmg 1) that there be additlOnal thought given to the marker and
mvolve members of the commuruty, includmg youth, 2) nature of marker to
possIbly be tIme-related, 3) staff to report back Wlth posslblbty ofbavmg
identifiable groves of trees v dlspersmg of mdlVldual trees or clusters of
trees The motIon was approved by the followmg vote
Ayes
Councilmembers Femstem, McKeown, Rosenstem, Holbrook,
Mayor Pro Tern Genser, Mayor O'Connor
None
None
Noes
Absent
10-A ASSESSMENT COSTS FOR STREET IMPROVEMENTS
The pubhc hearIng to confirm the assessment costs for the FY 1996-97
annual street resurfacmg program was contmued to May 11, 1999
13-A 10TH ANNIVERSARY OF THE PUBLIC ELECTRONIC
NETWORK Presented was the request of Brian Hutchmgs to address
Council regardmg the 10th AnnIversary of the Pubhc Electroruc Network
On order ofthe Mayor, the mformatlon was received and filed
14-A ANNUAL APPOINTMENTS Motion by Councllmember
Genser, seconded by Councllmember Femstem, to carry thIS Item forward
until a decISIon IS made relatmg to teITIl hrmts The motIon was unammously
approved by vOice vote
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February 9, 1999
832
L.A. CO. WEST VECTOR 14-B APPOINTMENT TO LOS ANGELES COUNTY WEST I
CONTROL VECTOR CONTROL DISTRICT Tms matter was contmued to
March 9. 1999
LffiRARY BOARD
APPOINTMENT
ARCHITECTURAL
REVIEW BOARD
14-C APPOINTMENT TO LmRARY BOARD The floor was
opened for nonnnatlons Mayor O'Connor nommated Gene OppenheIm
Councilmember FeinsteIn nommated George George There were no other
nommations A call for the vote resulted m a 3-3 tie Councdmember
Feinstein changed his vote to "Oppenheim," with the understandmg that Mr
George would also make a fine candidate whom he would be open to
supporting in the future Councilmember McKeown also changed lus vote
to "Oppenheim," thereby appomting Gene Oppenheun to the Library Board
for a term endmg December 31, 1999
14-0- APPOINTMENT TO ARCHITECTURAL REVIEW
BOARD Mayor O'Connor opened the floor to nommations for the
appomtment to one unscheduled vacancy on the Arclutectural Re.1ew
Board Counctlmember McKeo,Vll nommated Susan Wlute There bemg no
other nommations, nominattons were closed On a call for the vote, Susan
White was unanimously appointed to the Architectural ReView Board for a
term ending June 30,2001
EXPOSITION RIGHT-OF- 14-E MASS TRANSIT OPPORTUNITIES ON EXPOSmON I
WAY RIGHT-OF-WAY Presented was the request of Council member
Rosenstein to dISCUSS mass tranSIt opporturutIes on the ExpOSitiOn nght -of-
way MotIon by Counctlmember Rosenstem, seconded by Councdmember
Feinstem, to authorize staff to vigorously pursue aclueving the goal of using
the ExpoSItIon right-of-way for mass transit Opportunrtles The motIon was
unammously approved by VOIce vote
YEAR 2000
PREPAREDNESS
Mohon by Councilmember Feinstein, seconded by Councilmember
McKeown, to contmue the meetmg past 11 00 P m The motIOn was
unarumously approved by VOice vote
14-F YEAR 2000 PREPAREDNESS Presented was the request of
CounCllmember Rosenstem to schedule a study sessIOn on Year 2000
preparedness (Y2K computer bug problems), mdudmg speakers from the
City, utilitIes, banks, hospItals and other key commuruty sectors
Member of the public Brian Hutclnngs expressed his concerns
Discussion was held On order of the Mayor, the informatiOn was receIved
and filed
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February 9, 1999
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RECREATION AND
PARKS COMMISSION
SOCIAL SERVICES
COMMISSION
833
14-G APPOINTMENT TO RECREATION AND PARKS
COMMISSION The appomtment was contmued to March 9, 1999
14-H APPOINTMENT TO SOCIAL SERVICES COMMISSION
Member of the pubhc Tut Hayes spoke generally regardmg social servIces
Issues
On order of the Mayor, the appomtment was contmued to February 23,
1999
NATIONAL HOMELESS 14-1 NATIONAL HOMELESS PLAN Presented was the request of
PLAN Councllmember Feinstan to support callmg for a NatlOnal Homeless Plan
COllnCl/member Rosenstem
was excused at 11 21 P m
PUBLIC INPUT
ADJOURNMENT
Member of the pubhc Tut Hayes spoke m support of a NatlOnal Homeless
Plan Member of the public Bnan Hutchmgs expressed lus concerns
Motton by Councilmember Feinstem, seconded by Mayor Pro Tern Genser,
to ask staff to return Wlth a resolutIOn supporting calling for a N attona!
Homeless Plan and communicate to both the League of Cahfomta CItIes and
the NatlOnal League of CitIes WIth the mtent of generatmg then support for
such a call The motIon was unammously approved by VOIce vote,
Councilmember Rosenstem absent
15 PUBLIC INPUT Member of the pubhc Tut Hayes dIscussed
condItIOns at homeless shelters and hIS attempts for Improvements Member
of the public Art Casillas dtscussed Issues related to the Santa Monica Police
Department Member of the publIc Bnan Hutclnngs discussed election
procedures
At 11 45 P rn, the meetmg was adjourned to February 16, 1999, at 6 15
pm, ill memory of Rose Caruso
ATTEST
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APPROVED
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Mana M Stewart
CIty Clerk
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February 9, 1999