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M-6/29/1999 (2) 946 CITY OF SANTA MONICA I CITY COUNCIL MINUTES JUNE 29, 1999 A regular meetmg of the Santa Moruca CIty Couned was called to order by Mayor O'Connor at 620 pm, on Tuesday, June 29, 1999, at CIty Councll Chambers, 1685 Mam Street Roll Call Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser Councllmember Rtchard Bloom Counctlmember Michael F einstem Councllmember Kevm McKeown Councllmember Paul Rosenstem Absent Councllmember Robert T Holbrook Also Present CIty Manager John JaldI Clty Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart CLOSED SESSIONS CLOSED SESSIONS On order of the Mayor, the CIty Councll convened I at 6 20 pm, and then adjourned to consIder closed seSSiOns ActiOn taken on the closed seSSiOns was reported at the end of the meeting RECONVENEfPLEDGE On order of the Mayor the CIty CouncIl reconvened at 7 14 pm, With Councdmernber Holbrook absent Counctlmember Rosenstem led the assemblage m the Pledge of AllegIance CONSENT CALENDAR: The Consent Calendar was presented, whereby all Items are conSIdered and approved m one motIon unless removed from the calendar for dIscussiOn Member of the public Joey Fullmer expressed her concerns There bemg no other speakers, the publIc heanng was closed At the request of CouncIlmember Rosenstem, Item 6-D was removed from the consent calendar I 1 June 29, 1999 I I I EARTHQUAKE RECOVERY ORGANIZATIONAL DEVELOPMENT SERVICES LANDFILL GAS EXTRACTION WATER GARDEN PROJECT 947 Motton by Councllmember Femstem, seconded by Councdmember McKeown. to approve allltems on the Consent Calendar as presented, readmg resolutIons and ordmances by tttle only and WaIvmg further readmg thereof, WIth the exceptton of Item 6-D The motIOn was approved by the followmg vote AYES Councdmembers Bloom, Femstem, McKeown, RosensteIn, Mayor Pro Tern Genser, Mayor O'Connor None Councdmember Holbrook NOES ABSENT 6-A Earthquake Recovery Resolution - Resolution No 9419(CCS) entttled <<A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 6-B Contract amendment for continued organizational development services in the Transportation Department - recommendatIon to authonze the CIty Manager to negotIate and execute an amendment to Contract No 6942 WIth Innovative Resources Consultant Group, Inc , m the amount of$150,000, for contInued orgaruzatlon development m the TransportatIOn Department, was approved 6-C Contract amendment for operation and maintenance services for interim landfill gas extraction system at Stewart Street Park and City Yards - recommendatIon to authonze the City Manager to negotIate and execute an amendment to Contract No 6642 WIth Arthur D LIttle, Inc , m the amount of $95,000 to proVIde operatIOn and mamtenance sefVIces for the mtenm landfill gas extractIon system currently operatmg at the City's Corporate Yard, was approved Staff answered questIOns of Councllmember Rosenstem regardmg the uses of reclaImed water 6-D Contract amendment to Sewage and Water Conservation Compliance Agreement with Water Garden Phase I and II - recommendatlOn to authonze the CIty Manager to negotiate and execute an amendment to Contract No 5061(CCS) Sewage and Water Conservation ComplIance Agreement with Water Garden Phase I and II to reqUIre the use of reclaImed stormwater III lieu of reclanned wastewater for non-potable extenor and mtenor water uses, was approved 2 June 29, 1999 ORDINANCES: TENANT PROTECTION 948 Mobon by Councdmember Rosenstelll, seconded by Councllmember I F elllstelll to approve staff recommendatlOn The motlOn was approved by the followmg vote AYES Councdmembers Bloom, Femstem, McKeown, Rosenstelll, Mayor Pro Tern Genser, Mayor O'Connor None CouncIlrnember Holbrook NOES ABSENT 8-A Staff introduced and presented for adoption an emergency Ordinance No. 1946(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING CHAPTER 8.100 TO THE MUNICIPAL CODE TO REQUIRE AN OWNER PERFORMING REPAIRSIREHABn.ITATION OF TENANT-OCCUPIED PROPERTIES IMPACTING TENANT HABITABn.ITY TO SUBMIT A CONSTRUCTION MEANS AND METHODS PLAN, TO PROVIDE DETAILED TENANT NOTIFICATION AND TO PROVIDE RELOCATION ASSISTANCE AS NECESSARY; AMENDING SECTIONS 4.36.020 AND 4.36.100 OF THE MUNICIPAL CODE TO CLARIFY AN OWNERS' RELOCATION OBLIGATIONS WHEN THE OWNER IS REQUIRED TO REMOVE AN n.LEGALLY CREATED RENTAL UNIT FROM THE MARKETI AND WHEN THE OWNER MUST TEMPORARILY OBTAIN POSSESSION OF A RENTAL HOUSING UNIT TO COMPLY WITH HOUSING, HEALTH, BUILDING, OR SAFETY LAWS; AND DECLARING THE PRESENCE OF AN EMERGENCY;" recommendation to recommend that the Rent Control Board adopt new procedures for expedited review of retroactive and prospective rent decreases for disturbances and inconveniences during apartment rehabilitation; and; to direct staff to prepare ordinances related to protection of tenants in apartment buildings that are being rehabilitated. On order of the Mayor, the public heanng was opened The folloWlllg members of the pubhc spoke Joey Fullmer expressed vanous concerns, Annette Del Zappo, Taplo HaaJanen, Jeff Silverberg, 11m Simmons, Arthur Harris, Jenny Navarro, Donovan Rhee, Kurt lolson, Lynn Montgomery, Chnstme Ballor, Chns Hardmg, Ellen Brennan, Brett Svatek and Zelka Ulan, spoke m favor of the ordmance I 3 June 29, 1999 I I I 949 MotIon by Mayor Pro Tern Genser, seconded by Counctlmember McKeown, to approve staff recommendatIOn, mcludmg adoptmg the ordmance amended on page 10, subsectIOn (b), the second sentence to read "If a tenant Will be dIsplaced for a penod ofless than 30 days the landlord shall relocate the tenant to a motel or hotel accommodatIon wluch IS safe, sanItary. located m Santa Moruca and contaIns standard amerutIes such as a telephone, " readmg by tItle only, and waIVmg further readmg thereof The motIOn was approved by the followmg vote AYES Councilmembers Bloom, F emstem, McKeown, Rosenstem, Mayor Pro Tern Genser, Mayor O'Connor None CouncIlmember Holbrook NOES ABSENT DEVELOPMENT MORATORIUM 8-B Staff introduced and presented for adoption an emergency Ordinance No. 1947(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING TnI': MORATORIUM ON MULTI-FAMILY RESIDENTIAL DEVELOPMENT IN THE CITY'S MULTI-FAMILY RESIDENTIAL DISTRICTS, AND DECLARING THE PRESENCE OF AN EMERGENCY." On order of the Mayor the pubhc heanng was closed The followmg members of the pubhc spoke Joey Fullmer expressed her concerns, Pro Se expressed concerns regardmg speCIfic housmg locatIOns Don Grey spoke m oppOSI110n to the ordmance Ken Kutcher placed mto the record a letter addressed to the City Attorney, dated June 28, 1999, hstmg his concerns, and proVIded suggestlons for amendments regarding process and subdIViSion map act law Chns Hardmg expressed vanous concern regardmg the ordmance There bemg no other speakers, the pubhc heanng was closed DiSCUSSIOn ensued relative to the letter CIted by Mr Kutcher and dIstnbuted to Councilmembers during the meeting Motion by Mayor Pro Tern Genser, seconded by Councllmember Femstem, to ask staff to reVIew the Issues rmsed m Mr Kutcher's letter and report back to Councll, as deemed appropnate, If any of the Issues should gIve cause to reconsider eXIstmg pohCIes The motIon was unanimously approved by VOIce vote, With all members present 4 June 29, 1999 RECESS ADMINISTRA TIVE ITEMS: CROSSWALK ENHANCEMENTS 950 Motion by Councilmember Femstem, seconded by Counetlmember I McKeown, to adopt the ordmance as presented, readmg by tItle only and Walvmg further reading thereof The motiOn was approved by the following vote AYES Councilmembers McKeown, F emstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor Councdmember Rosenstem Councdmember Holbrook NOES ABSENT On order ofthe Mayor, the CIty Counell recessed at 9 53 pm, and reconvened at 10 29 pm. With Councdmember Holbrook absent 9-A Approval of Crosswalk Enhancements for Montana Avenue, Ocean Avenue, Neilson Way and Barnard Way; contract for study and development of crosswalk enhancement recommendations for Wilshire, Santa Monica, Broadway and Ocean Park Boulevards - recommendatiOn to approve crosswalk enhancements for Montana Avenue, Ocean Avenue, Neilson Way and Barnard Way, direct staff to prepare constructiOn drawings and specifications, authonze the CIty Manager to negotIate and execute an amendment to Contract No 7354 with Katz, Okitsu & ASSOCiates, m the amount of$198,000, to conduct a study and I develop crosswalk enhancement recommendatiOns for Wilsture, Santa Monica, Broadway, and Ocean Park Boulevards On order of the Mayor, the publIc heanng was opened Members ofthe pubhc Darrell Clarke, Kelly Olsen, Mary Jo Stenger, Ken Ward, Gdes SmIth and Bnan Hutchings spoke in favor of the project Motion by CouncIl member McKeown, seconded by Counctlmember F emstem, to contmue the meeting past 11 00 P m The motion was unanimously approved by VOice vote, With Counellmember Holbrook absent MotIon by Mayor Pro Tern Genser, seconded by Counctlmember McKeown, to accelerate to the greatest extent pOSSible the deSIgn process, to report m a short time to Councll WIth a reVised schedule, as soon as the deSIgn process IS completed, return to Council with the components that can be Implemented qUIckly, to mclude the crosswalk markmgs on Montana Avenue, at 51h, 6"\ 18th & 191h Streets, request staff to assure that the design for curb extenSIons on Montana Avenue encourages traffic to turn mto Montana and not into the neIghborhood I 5 June 29, 1999 951 I DISCUSSiOn ensued regardmg the mam motlOn, the proposed addItiOns and amendments, and the effects to the project as a whole If anyone portlOn of the project IS accelerated It was the consensus of Councd that staff analyze the amendment for proposed intersectIOn as part of the whole review, and that the motIon be reduced to Its core, mmus the addItiOn of crosswalk marlangs and mmus the amendment Mobon by Mayor Pro Tern Genser to mclude crosswalk markmgs on Montana Avenue, at 5th, 6th, 18th and 19th streets The motIon dIed for lack of a second MotIon by Pro Tern Genser to request that staff assure that the curb deSIgns Will not be such that they will encourage traffic mto side streets and away from Montana The amendment was accepted as fnendly MotIon by Counctlmernber McKeown, to direct staff to deslgnate15th Street and Montana Avenue as a demonstratIon mtersectIon, or temporary verSIOn of the permanent mstallatlon, and that curb extensIOns and crosswalks be mstalled, usmg staff resources, as soon as possIble The motiOn dIed for lack of a second I The mam motIOn to accelerate to the greatest extent possIble the design process, to report m a short tIme to Councd WIth a reVIsed schedule, as soon as the deSIgn process IS completed, return to Councd WIth the components that can be Implemented qmckly, and to request staff to assure that the deSIgn for curb extensIOns on Montana Avenue encourages traffic to turn mto Montana and not mto the neIghborhood, was approved by the followmg vote AYES CouncIlmembers Bloom, F em st em, McKeown, RosensteIn, Mayor Pro Tern Genser, Mayor O'Connor None Councdmember Holbrook NOES ABSENT I 6 June 29, 1999 2330 MICHIGAN A VENUE ACQlTISmON Councllmember Rosenstem was excused at 12 13 am WRITTEN COMMUNICATIONS DOG PARK SANTA MONICA AIRPORT COUNCIL ITEMS VENDING MAClITNES 952 9-B Authorize Trust Agreements, and assignment and assumption of I Lessor's interest in lease, for the purpose of acquiring the property at 2330 Michigan Avenue, Santa Monica - Recommendatlon to authonze the CIty Manager to negotiate and execute Trust Agreement No 7515(CCS) for the If\nng and Gertrude Geffner Chantable Remamder AnnUlty Trust #1, Trust Agreement No 75 16(CCS) for the Anne Thelma Gefther Chantable Remamder AnnUlty Trust #1, Trust Agreement No 7517(CCS) for the Sarah Hennetta Gefther LeWis Chantable Remamder AnnUlty Trust #1, Trust Agreement No 7518(CCS) for the Ellen NaomI Geffner BIderman Chantable Remamder AnnUIty Trust #1, and AssIgnment and Assumptlon of Lessor's Interest m Lease for the purpose of acqumng the property at 2330 Mldllgan Avenue, Santa Moruca Member of the publ1c Bnan Hutclungs expressed vanous concerns Motion by Councilmember Feinstem, seconded by Mayor Pro Tern Genser to approve staff recomrnendatlon The motlon was approved by the followmg vote Councdmembers McKeown, Femstem, Bloom, Mayor Pro Tern Genser, Mayor O'Connor ~:::cdmembers Holbrook, Rosenstem I 13-A Request of Roger Jon Diamond to address Council and request to terminate the dog park on Main Street and Pacific. AYES NOES ABSENT On order of the Mayor, thts matter was contmued to July 13, 1999 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 . On order of the Mayor, tlus matter was contmued to July 13, 1999 14-A Request of Council member Bloom to direct statTto provide food and drink vending machines for city hall employees, city hall visitors and members of the public who attend City Council, board, commission and other meetings. MotlOn by Councdmember Bloom, seconded by Councdrnember F einstem, to approve request The motion was unanimously approved by VOIce vote, With Councdmembers Holbrook and Rosenstem absent I 7 June 29, 1999 I I I 953 ANNUAL COMMISSION 14-B Annual and unscheduled vacancy appointments to the following VACANCIES board and commission vacancies: (Continued from June 22, 1999) AcceSSlblhty Appeals Board (2 unscheduled vacancIes) -terms endmg June 30, 2001 Airport CorrumsslOn (2) - terms endmg June 30,2003 Arclutectural RevIew Board (I Annual) - term endmg June 30,2003 (I Unscheduled vacancy)-term endIng June 30,2001 Arts Comnusslon (4) - terms endmg June 30, 2003 Bayslde Dlstnct CorporatIon (4) - terms endmg June 30,2002 ComllllssIOn on Older Amencans (2) - terms endmg June 30,2003 ComnussIOn on the Status of Women (2) - terms endmg June 30, 2003 Housmg ComnusslOn (2 Section 8) - terms endmg June 30,2001 (I) - term endmg June 30, 2002 LA County West Vector Control District (l) - term endIng December 31, 2000 Library Board (I) - Term endIng June 30,2003 Personnel Board (1) - Term endmg June 30,2004 Planrung ComrmssIon (3) - Terms endmg June 30,2003 RecreatIon & Parks COmmISSIOn (1) - Term endmg June 30,2003 SOCIal Servtces COffitnlssion (3) - Terms endmg June 30,2003 On order of the Mayor, tlns matter was contmued to July 13, 1999 CLOSED SESSION 16-A Conference with Legal Counsel- Existing Litigation: Carrie Byron v. City of Santa Monica, Case No. SC 053199. There was no reportable actIon taken on tills closed seSSIOn 16-B Conference with Legal Counsel- Existing Litigation: Milton v. City of Santa Monica, Case No. SC 049200. There was no reportable actIon taken on tills closed seSSIon 16-C Conference with Legal Counsel - Existing Litigation: Marc Maskey v. City of Santa Monica. Case No. CV 99-01780 GHK (AJWx). There was no reportable actIon taken on thIS matter 8 June 29, 1999 PUBLIC INPUT ADJOURNMENT 954 16-D Conference with Legal Counsel- Existing Litigation: Carr v. I City of Santa Monica, Case No. CV 97-8765 HLH (Ex) (consolidated with Santa Monica Street Performers Group v. City of Santa Monica, Case No. CV 98-7473 LGB (RNBx). There was no reportable actIon taken on tlus matter 16-E Conference with Real Property Negotiator: Property: 820 Broadway, Santa Monica City Negotiator: Jeff Mathieu, City representative Owners of Record: 828 Broadway Associates, LLC Under negotiation: Acquisition of real estate property There was no reportable actIOn taken on thIS matter 16-F Conference with legal Counsel - Anticipated Litigation. N umber of cases: One. There was no reportable actIOn taken on tlus matter 16-G Conference with Real Property Negotiators: Property: 2330 Michigan Avenue I City Negotiators: Jeff Mathieu and Craig Perkins, City representatives Owners of Record: Irving and Gertrude Geffner; Anne T. Geffner; Sara Lewis; and Ellen Biderman Under Negotiation: Creation of 4 Charitable Remainder Trusts and Acquisition of Real Estate Property . Please see Item 9-B for actIon taken on tlus case PUBLIC INPUT Members of the pubhc Chuck Allord, Art Casillas and Jean Gehman expressed concerns regardmg vanous issues On order of the Mayor, the CIty CouncIl meetmg was adjourned at 1235 am, to July 13, 1999, In memory of Anna Sally Pack _U~~~~~ Mana M Stewart City Clerk APPROVED --l'--~ I //- L /.>G ~ L '--'- t I -""", _u Pam O'Connor : Mayor I 9 June 29, 1999