M-7/13/1999 (2)
I
I
I
957
CITY OF SANTA :MONICA
CITY COUNCIL MINUTES
JULY 13, 1999
A regular meetIng of the Santa Mornca CIty CouncIl was called to order by Mayor O'Connor at
622 pm, on Tuesday, July 13, 1999, at City CouncIl Chambers, 1685 Mam Street
Roll Call
Present
Mayor Pam O' Connor
Mayor Pro Tern Ken Genser (Amved at 830 pm)
CouncIlmember Richard Bloom
CouncIlmember MIchael FeInsteIn
CouncIlmember Robert T Holbrook
CouncIlmember KeVIn McKeown
CouncIlrnember Paul RosensteIn
Also Present CIty Manager John 1ahh
CIty Attorney Marsha Jones Moutne
CIty Clerk Mana M Stewart
CLOSED SESSIONS
RECONVENE/PLEDGE
SPECIAL AGENDA
ITEMS SUSTAINABLE
CITY PROGRAM
CLOSED SESSIONS On order of the Mayor, the City CouncIl convened,
With Mayor Pro Tern Genser absent, at 6 22 pm, and then adjourned to
consider ciosoo seSSIOns AetIOn taken on closed seSSIOns was reported at
the end of the meetIng
On order of the Mayor the City Counell reconvened at 706 pm, lNlth
Mayor Pro Tern Genser absent Mayor O'Connor's mother, Mrs Esther
Smicklas, led the assemblage in the Pledge of Allegiance
4-A Issuance of commendations for leadership in the community
through commitment to the principles of the Santa Monica's
Sustainable City Program.
The Mayor Issued commendatIOns for leadershIp to vanous bUSInesses III the
CIty for theIr cornnutment to the Sustalllable CIty Program
NATIONAL NIGHT OUT 4-B Proclamation declaring August 3, 1999, to be National Night Out
in the City of Santa Monica.
The Mayor Issued a proclamatIOn, accepted by PolIce ChIef Butts, declanng
August 3, 1999, as NatiOnal NIght Gut
1
July 13, 1999
CONSENT CALENDAR
MINUTES
EARTHQUAKE
RECOVERY
CRIME SUPPRESSION
PROJECTS
RADIO EQUIPMENT
958
The Consent Calendar was presented All Items are consIdered and I
approved m one motIon unless removed from the calendar for dIscussIOn
On order of the Mayor, the publIc heanng was opened The followmg
members of the publIc spoke to consent calendar Items Joey Fullmer,
Sharon O'Rourke, Aaron Herrshberg, Chuck Allord, Kann Kemper, Tova
Lelah, and Brian Hutchmgs
MotlOn by Counc1lmember Holbrook, seconded by Councllmember
Femstein, to approve all Items on the Consent Calendar as presented,
readmg resolutIOns and ordmances by tItle only and WRlvmg further readmg
thereof The motIon was approved by the followmg vote
AYES
Councdmembers Holbrook, Rosenstem, McKeown,
Feinstem, Bloom, Mayor O'Connor
None
Mayor Pro Tern Genser
NOES
ABSENT
6-A The minutes of the May 11, 1999, CIty Council meetmg, were
approved as submitted
6-B Earthquake Recovery Resolution - Resolutlon No 9420(CCS)
entitled "A RESOLUTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
I
6-C Resolution No. 9421(CCS) entitled: ~'A RESOLUTION OF
THF. CITY OF SANTA MONICA IN SUPPORT OF PASSAGE OF
ASSEMBLY BILL 1415 PROVIDING PE&l\fANENT FUNDING
FOR L.A. IMPACT AND L.A. CLEARINGHOUSE, TWO
NARCOTICS ENFORCEMENT, GANG AND CRIME
SUPPRESSION DE1\fONSTRA TION PROJECTS," was adopted
6-D Purchase of miscellaneous radio equipment from Motorola and
notification of exception to policy regarding conducting business with
firms doing business in or with Burma - recommendatiOn to authonze the
CIty Manager to negotIate and execute a sole source purchase order WIth
Motorola, III the amount of $167,420 43, to purchase police radIo
equipment, and notificanon to Counell of exception to ResolutiOn No
8966(CCS) regardmg doing busmess WIth Burma, was approved
I
2
July 13, 1999
I
I
I
CAB AND CHASSIS
PURCHASE
EMERGENCY
GENERATORS
SEWER MAINTENANCE
BUS MAPS AND
SCHEDULES
COMPENSATION FOR
MWD DIRECTOR
MOSS AVENUE
PUMPING STATION
PUBLIC BEARING -
STREET V ACA TION
959
6-E Purchase of one cab and chassis for the Police Department -
recommendatIon to award BId No 2759, In the amount of $38,240 40, to
Bob Wondnes Ford to furmsh and delIver one cab and chaSSIS for the PolIce
Department, was approved
6-F Purchase of diesel emergency generators - recommendatIOn to
award BId No 2762 to GuardIan Power ProtectIon ServIces, Ine, In the
amount of $40,621 21, to furnish, delIver and Install dIesel emergency
generators for the Resource Management Department, was approved
6-G Purchase of one truck-mounted sewer jetter for cleaning and
maintaining City sewers - recommendatIOn to award BId No 2754 to
SRECO FleXible, m the amount of $91,642 99, to furmsh and delIver one
truck-mounted sewer Jetter for EnVIronmental and PublIc Works
Management Department, was approved
6-H Provision of printing and delivery services for system maps and
bus schedules - recommendatIOn to award BId No 2758 to FoundatIon
Press, at specIfied urnt pnees, to pnnt and delIver bus schedules and system
maps for the TransportatIOn Department, was approved
6-1 Resolution No. 9422(CCS) entitled: A RESOLUTION OF THE
CITY OF SANTA MONICA REVISING THE COMPENSATION
FOR THE CITY'S METROPOLITAN WATER DISTRICT (MWD)
DIRECTOR," was adopted
6-J Construction of Moss Avenue Pumping Station Project of the
Coastal Interceptor Sewer - recommendatIon to authonze the CIty
Manager to negotiate and execute Contract No 7519(CCS) WIth PaCIfic
Mecharucal CorporatIOn, In the amount of $2,546,000, for the constructIon
of the Moss Avenue Pumpmg StatIOn Phase 2 Project, and approve the
budgetary adjustments recommended in the report, was approved
6-K Resolution No. 9423(CCS) entitled: "A RESOLUTION OF THE
CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON
AUGUST 10, 1999, AND NOTIFYING THF. INTENTION TO ORDER
VACATION OF EXCESS STREET RIGHT-OF-WAY AND PUBLIC
SERVICE UTILITY EASEMENTS IN \VILSHIRE PLACE SOUTH
AND 15m COURT ALLEY IN THE CITY OF SANTA MONICA,"
was adopted
...
.)
July 13, 1999
GREEN BUILDING
DESIGN
VIRGINIA A VENUE
PARK AND AIRPORT
PARK
PUBLIC SAFETY
FACILITY
COUNCIL MEETING
CANCELLA TION
WINDWARD SCHOOL
LEASE
ORDINANCES STREET
PERFORMERS
960
6-L Provision of services for development of the City's proposed I
Green Building Design and Construction Guidelines - recommendation
to authonze the City Manager to approve Contract No 7520(CCS) with
Constructlve Technologies Group, Inc, m the amount of$20,000, to Jomtly
develop vanous systems and servlces to be used In the lmplementatton of the
CIty's proposed Green BUlldmg DeSign and ConstructlOn GUldeltnes, was
approved
6-M Environmental Impact Reports for the Virginia Avenue Park
Expansion Project and Airport Park on Non-Aviation Land projects -
recommendatton to authonze the City Manager to negotiate and execute
Contract No 7521(CCS) WIth Culbertson, Adams & Associates, Inc, In the
amount of$148,085, for preparatlOn ofenvtronrnental documents for the
Vlrglma Avenue Park ExpansIOn Project and Auport Park at Santa Moruca
AIrport, was approved
6-N l\'Iaterial testing and inspection services during construction of
the Santa Monica Public Safety Facility - recommendatiOn to authonze
the City Manager to negotiate and execute Contract No 7522(CC5) With
Uruted TestIng and Inspection Servtces, Inc, m the amount of $200,000, for
matenal testing and mspectlon semces, and Contract No 7523(CC5) With
Psomas and ASSOCiates, m the amount of $100,000, for survey inspectiOn I
servtces for the Santa Momca Pubhc Safety FacIltty, was approved
6-0 Recommendation to cancel July 27, and August 24,1999, City
Council meetings, was approved
6-P Modification to Windward School Lease for use of City property -
recommendatton to authonze the City Manager to negotiate and execute a
trurd amendment to Lease Contract No 3828(CCS) with the Wmdward
School to allow for construction of additional educattonal and adnnrustratlve
faCIlIties, was approved
8-A An emergency ordinance of the City of Santa Monica amending
Chapters 6.36, 6.112, 6.116 and Section 3.12.375 of the Municipal Code
relating to street performers, vendors, and persons utilizing tables or
carts for the purpose of displaying or distributing merchandise, goods,
written materials, or food or placing objects on the public sidewalk;
and, declaring the presence of an emergency, was presented
I
4
July 13, 1999
961
I
On order of the Mayor, the pubhc heanng was opened The followmg
members of the pubhc spoke
Joy Fullmer and Bnan Hutchmgs expressed vanous concerns Jerry Rubm,
and JeffKtssInger spoke In OpposItion of the ordmance
Plulhppe Heleaux, Jan Palchtkoff, Stuart Chandler, Ned LandIn, Lmda
Sulhvan, Chanty Luv Colbert, LInda Kutner, and Holyena Montgomery
spoke In favor of the ordInance
MIchael Wood, Marc Barnos, Arthur Nakane, Mark Vanamakl, Said
Mohamed, MIguel Mendoza, Nathan Clukey, Bnan O'Neill, NIna Z, and
Paul Dale spoke m OpposltlOn to the rotatlOn reqmrements
Wendell Mew. Steve Epstem, 0, Walt DaVIS, Dwayne Gannan, Tun
DIllenbeck, and Stewart LamIe spoke generally m favor of the ordInance but
expressed concerns WIth some of the reqmrements
MotlOn by Counctlrnember F emstem, seconded by Counctlmember
McKeown, to approve recommendatIOn to adopt the ordmance
I
Motton to amend by Counctlmember Bloom, seconded by Mayor O'Connor,
so that rotatton schedule apply to performers only The moUOD to amend
faIled by the following vote
ABSENT
CouncIlmember Bloom, Mayor O'Connor
Counctlmembers Femstem, McKeo~ Rosenstell1~
Holbrook, Mayor Pro Tern Genser
None
AYES
NOES
Motton to amend by CouncIlmember McKeown, seconded by
Councdmember Bloom, to change the spacmg reqmrements by amendmg
SectIon 6 112 050 to add 10 feet from a Promenade sefV1ces cart and
SectIon 6 112 060 to add 35 feet from a PIer hcensee cart or stall The
amendment was accepted as fhendly
Motion to amend by Counctlmember Bloom, seconded by Counctlmember
Holbrook. to hrrut the number of Items for sale and on dIsplay to five (5)
Items (number of Items that are bemg dIsplayed on the table), and would not
apply to heartland vendors The motIon was accepted as fuendly
I
5
July 13, 1999
962
MotIon to amend by Counctlmember Femstem, to not allow performers to I
set up on curb cuts m order to mamtain accessibility mto stores at the Pier
Motion was accepted as frIendly
MotIon to amend by Councdmember Bloom, seconded by Mayor Pro Tern
Genser, to hrntt the table SIze and the number of chairs to two for heartland
vendors Motion was approved by the followmg vote
AYES
CouncIlmembers Holbrook, McKeown, Bloom,
Mayor Pro Tern Genser, Mayor O'Connor
CouncilinemberFcin~~n
Counctlmember RosensteIn
None
NOES
ABSTAIN
ABSENT
Motion by CouncIlmernber Femstein, seconded by Counctlmemher
McKeown, to contmue the Council meetIng past 11 00 P m Monon
approved by vOice vote, With CouncIlmember Rosenstem votmg agamst
Motion to amend by Counctlmember Holbrook, that eqUipment for vendors
and performers should be hooted to what one person can carry
ThscusslOn ensued The City Attorney adVIsed that the language m the I
ordtnance could be modified, and combmed With enforcement, would
address this matter It was the consensus of CouncIl to dtrect staff to
develop language to address the need for assistance for dtsabled performers
or vendors
Motion to amend by Counctlmember Feinstem, to mc1ude language notltymg
of the availability of an adlTI1IDstratIve process Motion accepted as frIendly,
Mobon to amend by Counctlrnember Femstem, seconded by Mayor Pro Tern
Genser, that on the Promenade, between 10 30 pm, and midnight,
performers may continue to perform at the City's 75 deCibel and not at the
earher proposed 95 declbellevel
Discussion ensued It was the consensus that tlus matter would return to
CouncIl with other nOIse ordmance matters and staff would provide related
mformatIon Counctlmemher Femstem Withdrew hIs motion
I
6
July 13, 1999
I
I
I
UNIFORt"\1 FIRE CODE
ADOPTION
RECESS
963
MotIon to amend by Councdmember FeInsteIn, to allow performers to stay
on the PIer for extended hours to rrudrught on weeknIghts, and to 1 00 am,
on weekends
DISCUSSIon ensued It was the consensus that staff would return wIth the
penmtted hours on the PIer and the penmtted hours for busmesses In order
to compare to the proposed hours In the motIon Staff was also dIrected to
correct page 23 to change "Saturday" to "Fnday"
MotIon to amend by Councdmember McKeown, that non-audIble
performers be allowed to remam on the Promenade and the PIer untIl
ffildmght on weekrughts After dISCUSSIon, CouncIlmember McKeown
WIthdrew Ins motIOn
MotlOn by CounCIlmember Femstem, seconded bv Councllmember
McKeown, to approve In concept the mam motIon and that the above
amendments will return as part of the ordmance at the next CouncIl meetmg
MotIon unammously approved by VOIce vote
8-8 Ordinance No. 1948 (CCS) entitled: "AN EMERGENCY
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SECTION 8.40.010 TO ADOPT THE UNIFORM
FIRE CODE AS TRR FIRE CODE OF THE CITY OF SANTA
MONICA FOR THOSE OCCUPANCIES NOT REGULATED BY
THE CALIFORNIA FIRE CODE, BASED ON LOCAL FINDINGS;
AND, DECLARING THE PRESENCE OF AN EMERGENCY," was
Introduced for adoptIon
On order of the Mayor, the publIc heanng was opened Joy Fullmer
expressed varIOUS concerns
MotIon by Councdmember Bloom, seconded by Councdrnember Holbrook,
to adopt the ordmance as presented, readIng by tItle only, and waIvmg
further readmg thereof The motIon was approved by the followmg vote
AYES
Councdmernbers Holbrook, Rosenstem, McKeown,
Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES
ABSENT
On order of the Mayor, the City Councd recessed at 12 13 a In, and
reconvened at 1 30 a rn , WIth Councdmernbers Holbrook and Rosenstem
absent
7
July 13, 1999
964
STAFF ITEMS 415
PACIFIC COAST
HIGHWAY
9-A Staff presented for approval the site use for 415 Pacific Coast I
Highway and direction to staff for planning and implementation
process - recommendation to approve the proposed sIte use alternative for
415 Pactfic Coast Highway, to direct staff to proceed with steps reqUired for
planmng and implementatiOn, mcludmg preparatiOn of an enVIronmental
impact report, documentatton drawmg and demohtton plan, temporary
repaIrs to the Main Bmldmg, and analysis of operating and management
options; to authorize the City Manager to negotiate and execute an
extenSion to the operatmg agreement With the State Department of Parks
and Recreation, and, authonze the Mayor to submit letters, on behalf of the
City Council, m support of funding opportumties for the project
On order of the Mayor, the pubhc heanng was opened Members ofthe
pubhc Fred Dem and Lmda Sulhvan spoke m favor of the project There
bemg no other speakers, the pubhc hearing was closed
On order of the Mayor, actiOn on tlus matter was contmued to July 20,
1999
WRITTEN COMMUNICA-13-A Request of Roger John Diamond to address Council and request
nONS: DOG PARKS to terminate the dog park on Main Street and Pacific.
On order of the Mayor, due to the lateness ofthe hour, tIns Item was I
continued to July 20, 1999
AIRPORT JET TRAFFIC 13-B Request of Brian Hatton to address Council regarding jet traffic
at the Santa Monica Airport and requesting legislation to protect the
health of affected residents. (Conbnued from June 29, 1999)
On order of the Mayor, due to the lateness of the hour, this Item was
continued to July 20, 1999
SHACK RESTAURANT 13-C Request of Christopher Harding, of Harding, Larmore, Kutcher
& Kozal, to address Council regarding the Shack Restaurant located at
2518 Wilshire Boulevard and the potential closure of the parking lot
the Shack leases at 1218 26th Street.
On order of the Mayor, due to the lateness of the hour, tlus item was
contmued to July 20, 1999
I
8
July 13, 1999
I
I
I
965
UNDERGROUNDING OF 13-D Request of Tina Gomez to address Council regarding A Rule
UTILITIES AND CITY 20" (replacement of overhead with underground electric facilities), and
P ARKW A YS regarding parkway problems caused by tree roots.
BUSINESS LICENSE
DENIAL
VIRGINIA PARK
ADVISORY BOARD
24-HOUR PERMIT
PARKING
COUNCIL ITEMS: CITY
COUNCIL RULES
ORDER OF CITY
COUNCIL AGENDA
ITEMS
Ms Gomez wlthdrew her request
13-E Request ofBu S. Park to address Council regarding denial of a
business license.
Ms Park presented her request to Couned On order of the Mayor, the
mformatlon was received and filed
13-F Request of Clyde Smith to address Council regarding the
removal of certain members from the Virginia Avenue Park Advisory
Board by the Recreation and Parks Commission and requesting an
investigation of possible Brown Act violations.
On order of the Mayor, due to the lateness of the hour, tIns Item was
contmued to July 20, 1999
13-G Request of Gary Bonhart, George Hess, et aI., to address
Council requesting 24-hour permit parking on the west side of Ocean
Avenue, north of California, and to request that hotels provide parking
for their employees.
On order of the Mayor, due to the lateness of the hour, tIns Item was
contmued to July 20, 1999
14-A Request of Mayor OtConDor to provide general input to staft" on
modification to Council Rules and establish a schedule for the proposed
rules to return to Council for approval. (Continued from June 22,
1999)
TIns matter was WIthdrawn by Mayor O'Connor
14-B Request of Council member Holbrook to discuss changing the
order of business on the agenda so that the current 13-items (Written
Communications) become 14-items and the 14-items (Councilmember
Discussion Items) become 13.items. (Continued from June 22,1999)
TIns matter was WIthdrawn by Counctlmember Holbrook
9
July 13, 1999
UNSCHRDULED
VACANCY
CONVERSION OF
RESTAURANTS INTO
RETAIL
966
14-C Annual and unscheduled vacancy appointments to the following I
board and commission vacancies: (Continued from June 291999)
AccessIbIlIty Appeals Board (2 unscheduled vacancies)
- terms endmg June 30, 2001
AIrport CornnnsslOn (2) - terms endmg June 30, 2003
Archttectural ReVIew Board
(1 Annual) - term endmg June 30, 2003
(1 Unscheduled vacancy)-term ending June 30,2001
Arts CornnnsslOn (4) - terms endmg June 30, 2003
Bayslde DIstnct Corporation (4) - terms endmg June 30,2002
Comnusslon on Older Amencans (2) - terms endmg June 30, 2003
COIl1Ill1SSlOn on the Status of Women (2) - terms endmg June 30,2003
Housmg COmrntSSlOn
(2 Sect10n 8) - terms endmg June 30, 2001
(1) - term endmg June 30, 2002
L A Co West Vector Control District (1)
- term endmg December 31, 2000
Library Board (1) - Term endmg June 30, 2003
Personnel Board (1) - Term endmg June 30,2004
Planning Comnnssion (3) - Terms endmg June 30, 2003
RecreatIon & Parks Comnusslon (1) - Term endmg June 30,2003
SOCIal SefV1ces Comrrusslon (3) - Terms endmg June 30, 2003
On order of the Mayor, due to the lateness of the hour, thts Item was
contmued to July 20, 1999, as a 5-ltem
I
14-D Request of Councilmembers Feinstein and Rosenstein to direct
staff to prepare an interim emergency ordinance limiting the
conversion of restaurants (including food courts) into retail on the
Promenade.
Member of the publIc Arthur Hams spoke m support of the request Brian
Hutchmgs expressed vanous concerns
MotIOn by Counctlmember F emstem., seconded by Counctlmember Bloom to
approve request and dtrect staff to look at other legal optIOns MotIon was
unarnmously approved, WIth Counctlmembers Holbrook and Rosenstem
absent
I
10
July 13, 1999
I
I
I
SUPPORT FOR STATE
BILLS RE SENIOR
CITIZENS
PUBLIC INPUT:
CLOSED SESSIONS:
967
14-E Request of Councilmember l\lcKeown for the City of Santa
Monica to express to California's Governor and Legislature our
support for the following housing bills, which particularly Impact our
senior citizens, as requested by our City's Commission on Older
Americans: SB 510 (housing bonds); AB 398 (housing bonds); AD 97
(low income tax credits); AB 1382 (reinvesting in communities).
Mohon by Councllmember McKeown, seconded by Mayor Pro Tern Genser,
to approve request MotIOn was unammously approved, WIth
Councdmembers Rosenstem and Holbrook absent
Member of the public Art Casillas expressed concerns relative to the Pollce
Department safety Bnan Hutchmgs expressed vanous concerns
16-A Conference with Legal Counsel - Existing Litigation: Carrie
Byron v. City of Santa Monica, Case No. SC 052 935.
ACTION
No reportable actIOn taken
16-B Conference with Legal Counsel- Existing Litigation: Valenza
v. City of Santa Monica, Case No. SC 045167.
Mohon by Councllmember Femstem, seconded by Councdmember Bloom,
to approve settlement ill the amount of $125,000 The motion was
approved by the followmg vote
AYES
Councllmembers Bloom, Femstem, McKeown,
Mayor O'Connor
None
Mayor Pro Tern Genser
CounC1lmembers Holbrook, Rosenstem
NOES
ABSTAIN
ABSENT
16-C Conference with Real Property Negotiators:
Property: 820 Broadway
City Negotiators: Jeff Mathieu, City representative
Owners of Record: 828 Broadway Associates, LLC
Under Negotiation: AcqUisition of Real Estate Property.
ACTION
No reportable action taken
11
July 13, 1999
ADJOURNMENT
968
16-D Conference with Legal Counsel- Existing Litigation: Brett I
Carr v. City of Santa Monica, Case No. CV 97-8765 HLH (consolidate
with Santa Monica Street Performers Group v. City of Santa Monica,
Case No. CV 98-7473 LGB).
ACTION
No reportable achon taken
16-E Conference with Legal Counsel- Existing Litigation: Mark
Miskey v. City of Santa Monica, Case No. CV 974325.
ACTION
No reportable actIon taken
16-F Conference with Legal Counsel- Anticipated Litigation.
Number of cases: One.
ACTION
No reportable actIOn taken
On order of the Mayor, the City Councd meetmg was adjourned at 2 34
am, III memory ofTnn Layana, baseball coach at 5t Moruca's HIgh
School
ATTEST
~ '\.,~
Mana M Stewart
CIty Clerk
APPROYEp
- ~~~~:r'-
! Mayor
12
July 13, 1999
I
I