M-6/29/1999 (2)
946
CITY OF SANTA MONICA
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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
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June 29, 1999
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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
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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
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June 29, 1999
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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
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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
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June 29, 1999
951
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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
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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
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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
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June 29, 1999
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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
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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
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June 29, 1999