M-2/2/1999
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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
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February 2, 1999
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RECONVENEIPLEDGE
CONTINUED ITEMS:
TRANSPORTATION
DEPT. FACILITY
EXPANSION MASTER
PLAN
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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
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February 2, 1999
ORDINANCES:
INCREASE OF LOT
WIDTH AND DEPTH IN
Rl DISTRICT
SALE AND POSSESSION
OF RIFLES, REPLICA
FIREARMS, KNIVES,
ETC.
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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
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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
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February 2, 1999
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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
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February 2, 1999
824
election and evaluate whether indeed a 2-day election has served
to mcrease turnout
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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
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February 2, 1999
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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
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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
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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
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February 2, 1999