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M-2/2/1999 820 CITY OF SANTA MONICA OTY COUNCIL l\UXUTES FEBRUARY 2~ 1999 A regular adjourned meetmg of the Santa MOnIca Cay Councll was called to order by Mayor Pro Tem Genser at 620 pm, on Tuesday, February 2, 1999, at the Mam LIbrary Audltonurn, 1343 6th Street Roll Call Present Absent Mayor Pro Tern Ken Genser CouncIlmember MIchael Femstem Counctlmember Robert T Holbrook Councilmember KevIn McKeown Counctlmember Paul Rosenstem Mayor Pam O'Connor Al so Present CLOSED SESSIONS CIty Manager John Jahh CIty Attorney Marsha Jones Moutne City Clerk Mana M Stewart CLOSED SESSIONS At 6 20 pm, CouncIl adjourned to Closed SeSSIOn to consIder the following Conference with Legal Counsel. Existing Litigation 16-A City of Santa Monica v Walther. Case No SC 043 522 ACTION No reportable action taken 16-B Foodmakerv City of Santa MOnIca, Case No SS 007 078 ACTION No reportable action taken 16-C DaetwIler v CIty of Santa Monica, Case No SC 051 264 MotIon by Councilmember Holbrook, seconded by Councllmember Feinstein, to approve settlement III the amount of$125,000 to pay for arbItratIOn 1 February 2, 1999 I I I I I I RECONVENEIPLEDGE CONTINUED ITEMS: TRANSPORTATION DEPT. FACILITY EXPANSION MASTER PLAN 821 Ayes award The motIon was approved by the followmg vote Councllmembers Holbrook, RosensteIn, McKeown, Feinstein, Mayor Pro Tern Genser Noes None Absent Mayor O'Connor 16-D KInloch v CIty of Santa Momca, Case No SC 037 854 ACTION No reportable actIon taken 16-E RIng TradIng CorporatlOn v CIty of Santa MOllICa, Case No Be 172 044 (consohdated wIth MountaIn VIew Mobile Inn ResIdents AsSOCIatIon, Inc, v CIty of Santa Monica, et al T Case No SC 052 672 ACTION No reportable action taken 16-F Conference with Legal Counsel - AntICIpated Litigation Number of cases One ACTION No reportable actton taken On order of the Mayor Pro Tern, the City Council reconvened at 7'20 pm, Wlth Mayor O'Connor absent Councilmember Holbrook led the assemblage III the Pledge of AllegIance to the Flag of the Umted States of AmerIca 5-A TRANSPORTATION DEPARTMENT FACll.ITY EXPANSION MASTER PLAN Presented was staff recommendatlOn for the conceptual approval of the Transportation Facility Expansion Plan, authorIzatIon for the CIty Manager to negotIate and execute Agreement No 7444(CCS) wIth Terry A Hayes AsSOcIates, in the amount of $65,000, to prepare an EnvIronmental Impact Report on the plan, authonzatlOn for the CIty Manager to negotIate and execute Agreement No 7445(CC5) with RNL/Interplan, Inc, in the amount of $420,000, for the design of the natural gas fueling facilIty, and, authonzatton for the CIty Manager to approve relocatiOn asSIstance expenses for the SOCIal servIce agencies that are located at 612 Colorado 2 February 2, 1999 ORDINANCES: INCREASE OF LOT WIDTH AND DEPTH IN Rl DISTRICT SALE AND POSSESSION OF RIFLES, REPLICA FIREARMS, KNIVES, ETC. 822 On order of the Mayor Pro Tern, the pubhc hearing was opened Member of the public Joy Fullmer expressed her concerns I Member of the pubhc Pro Se spoke m opposItIOn to the staff recommendatIon There bemg no further speakers, the Mayor Pro Tern closed the public heanng MotIon by Councilrnember Rosenstein, seconded by Councllmember Femstem, to approve staffrecommendatlOn The motiOn was approved by the followmg vote Ayes Councdmembers Feinstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser Noes None Absent Mayor O'Connor 8-A INCREASE OF LOT WIDTH AND DEPTH IN Rl DISTRICT WITHIN THE AREA BOUNDED BY FIRST COURT ALLEY, 7TH STREET, l\tIONTANA PLACE NORTH ALLEY, AND ADELAIDE DRIVE Presented was an ordmance for mtroduction and first readmg amendmg MUnicIpal Code Section 9 04 08 02 070 to increase minimum lot width and mcrease mllllmum lot depth reqUIrements m the R 1 Dlstnct Wlthlll the area bounded by FlfSt Court Alley, 7th Street, Montana Place North Alley, and Adelaide Dove I Councllmember Holbrook and Mayor Pro Tern Genser declared potentIal conflicts ofmterest Smce the absence of both Councilmembers would result in lack of a quorum thiS Item was continued to the meetmg of February 9, 1999 8-B WAITING PERIOD FOR THE SALE OF RIFLES, REPLICA FIREARMS, AND THE SALE AND POSSESSION OF FIREARMS, KNIVES AND OTHER DEVICES BY MINORS Presented was an Qrdmance for introduction and first readmg relatmg to the waltmg penod for the sale of nfles, rephca firearms and the sale and possessIOn of firearms, kniVes and other devIces by minors The Mayor Pro Tern opened the pubhc heanng Member of the pubhc Joy Fullmer expressed her concerns There bemg no further speakers, the pubhc hearing was closed MotIon by Councilmember F emstem, seconded by I 3 February 2, 1999 I I I 823 to introduce for first readmg an ordinance entitled "AN ORDINANCE OF THE CITY OF SAi'-ii A MO~lCA REPEALING ONE CHAPTER AND VARIOUS SECTIONS OF THE SAt'iT A MON1CA MUNICIP AL CODE RELATING TO THE WAITING PERIOD FOR THE SALE OF RIFLES, REPLICA FIREAlUvlS, AND THE SALE AND POSSESSION OF FIREAR.\.1S, KNIVES AND OTHER DEVICES BY MINORS," readmg by title only and waIvmg further reading thereof The motion was approved by the followmg vote Ayes Councdmembers Femstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser Noes None Absent Mayor O'Connor ELECTION PROCEDURES 8-C ELECTION PROCEDURES Presented was an ordmance for mtroductIon and adoptIOn estabhshmg electIOn procedures for the conduct of the two-day SpeCIal MUnICIpal Election to be held on April 24 and 25, 1999 On order of the Mayor Pro Tern, the public heanng was opened Member of the public Joy Fullmer expressed her concerns There bemg no further speakers, the pubhc heanng was closed MotIOn by Councllmember Femstem, seconded by Councdmember McKeown, to mtroduce and adopt Ordmance No 1934(CCS) entitled "AN ORDINANCE OF TIlE CITY OF SANT A MONICA ESTABLISIllNG ELECTION PROCEDURESFORTHECONDUCTOFTHESPECliQ TWQ-DA Y l\fUNICIP AL ELECTION TO BE HELD ON APRIL 24, AND 25, 1999," readmg by tItle only and waIvmg further reading thereof The motion was approved by the following vote Ayes Councilmernbers Holbrook, Rosenstem, McKeown, Femstem, Mayor Pro Tern Genser Noes None Absent Mayor O'Connor MotIOn by CouncIlmember Femstem, seconded by Mayor Pro Tern Genser, to ask the CIty Clerk's office to contact the Amencan PolttIcal SCIence AssociatIon and detenmne If they would be interested in assIgnmg someone withm their ranks to study thIS 4 February 2, 1999 824 election and evaluate whether indeed a 2-day election has served to mcrease turnout I MotIon bv Mayor Pro Tern GenseL accepted as fnendly, to amend the motton to encourage staff to contact any other orgamzatlons which they feel may also be mterested m studymg tillS election The motIOn was unammously approved by voice vote EVICTION PROTECTION8-D EVICTION PROTECTION FOR TENANTS WITH FOR TENANTS WITH PETS Presented was an ordmance for mtroductlOn and first PETS reading addmg Chapter 4 64 to the Santa Monica Municipal Code to provide evictIon protection to tenants with pets On order of the Mayor Pro Tern, the pubhc heanng was opened Members of the publIc Joy Fullmer and Brian Hutchmgs expressed theIr concerns The followmg members of the public spoke III OpposItIon to the proposed ordmance Jane Drake, Sherman Stacey, Stelle Strozet, Rosano Perry, Herb Balter, Charles Isham. Ross Vaisburd, Ken Kutcher, and Michael Tarbet Member of the public Bem Murphy-Jobes spoke III support of the I proposed ordmance Rent Control Board Member Alan Toy adVIsed that the Rent Control Board has scheduled a heanng on thIS matter at its next meetmg to prepare an mtenm resolutIon leadmg up to the ballot measure that would protect people agamst any breach of contract deemed Immatenal or somethIng that the owners have iacltly known about and accepted over the years MotIon bv Counctlmember F emstem, seconded bv CouncIlmember McKeown, to hear late speakers for one mmute each The motion was approved by VOIce vote Members of the publIc Chuck Allard and JIm DowllIng spoke III oppOSItIOn to the proposed ordmance There bemg no further speakers, the Mayor Pro Tern closed the pubhc heanng Motion bv Councllmember Rosenstem. seconded bv Mavor Pro Tern Genser, to refer this matter to the Rent Control Board I 5 February 2, 1999 I I I 825 MotlOn by Mayor Pro Tern Genser, accepted as fnendly, to amend the motIon to refer this matter to the Rent Control Board and request staff to provIde an mformatlOn Item about the Impacts or ImphcatiOns ofhavmg a "Los Angeles" style law The motton was unanImously approved by VOIce vote, Mayor O'Connor absent REPORTS OF BOARDS ll-A RENT CONTROL BOARD ISSUES. Presented was the AND COMMISSIONS: request of the Rent Control Board to address Councll regardmg RENT CONTROL BOARD Issues noted m Its Annual Report, mcludmg the analYSIS of the loss of affordable rental umts in the City of Santa Momca COUNCILME:MBER ITEMS: VACANCY ON BUILDING & SAFETY COMMISSION PUBLIC INPUT ADJOURNMENT '- The followmg members of the pubhc expressed their concerns Brian Hutchmgs and Joy Fullmer Member of the pubhc Pro Se spoke m support ofthe Rent Control Board's efforts m pUfSmt of affordable housmg On order of the Mayor Pro Tern, staff was dIrected to research the issues raised and return to Council 14-A PUBLICATION OF UNSCHEDULED VACANCY ON BUILDING AND SAFETY COMMISSION Member of the pubhc Bnan Hutchmgs encouraged Councll to not appomt anyone assocIated WIth FEMA Motion by Councilmember Holbrook, seconded by - - Councllmember Rosenstein, to authonze the CIty Clerk to publish an unscheduled vacancy on the Buildmg and Safety CommISSiOn The motIon was unanimously approved by voice vote, Mayor O'Connor absent 15 PUBLIC INPUT Member of the pubhc Chuck Allord dIscussed nOIse issues Member of the publIc Art Casillas discussed law enforcement ISSUes Member of the publIc Bnan Hutchmgs expressed varIous concerns At 10 31 pm, the meetmg was adjourned to February 9, 1999, at 6 15 pm 1~1o l:~ ManaM ~ City Clerk ~VED KenGen~ Mayor ~;~ltem ---- 6 February 2, 1999