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M-9/16/1997 244 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 16,1997 A regular meetmg ofthe Santa MOnIca Cay CouncIl \vas called to order by }';Iayor O'Connor at 646 pm, on Tuesday, September 16,1997. m the CouncIl Chambers Roll Call Present Mayor Pamela O'Connor Mayor Pro Tern Robert T Holbrook (arnved at 6 58 pm) CouncIlmember Ruth Ebner CouncIlmember MIchael Femstem CouncIlmember Ken Genser CouncIlmember Asha Greenberg (arrIved at 8 42 pm) Councllmember Paul Rosenstem Also Present CIty "Manager John Ja1111 CIty Attorney Marsha Jones Moutne CIty Clerk Maria M Ste\vart CounCllmember Rosenstem led the assemblage m the Pledge of AllegIance to the Flag of the Cmted States of Amenca 6. CO~SENT 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 Snan Hutchmgs addressed Items on the Consent Calendar I'v10tlOn bv Councllmember Genser, seconded by CouncIlmember F emstem, to approve the Consent Calendar. readmg resolutIOns and ordmances by tItle only and waIvmg further readmg thereof The motIon was approved by the follov.-mg vote Ayes Koes Absent CouncIlmembers Femstem, Genser. Rosenstem. Ebner, ~1ayor O'Connor None CouncIlrnember Greenberg. Mayor Pro Tern Holbrook 1 September 16. 1997 I I I 245 I 6-A: CONTRACTIREP AIRJEARTHOUAKE DAivlAGED SE\VER MAINSJ CONSTRUCTIO~ MANAGEMENT/INSPECTION SERVICES Contract ~o 6770(CCS) was avmrded to InsItuform Southwest, Inc , m the amount of 54.651 ,285, for repaIr of earthquake-damaged sewer mams mIst through 12th Courts bet\veen Georgma and Colorado Avenues. and Contract ~o 6771(CCS) was awarded to HarrIS & ASSOCIates, for an amount not to exceed S360,OOQ, for constructIon management and mspectIon serVIces 6-B: 'VATER AND WASTE\VATER CAPITAL FACILITY FEE REPORT The \Vater and Wastewater Capnal FacIh~' Fee Report was revIewed and accepted, as reqmred by Government Code SectIon 66006 6-C: FINAL MAPITRACT NO. 51469JTPC-279/1125 PICO BOULEVARD ResolutIOn No 9198(CCS) entItled "A RESOLUTIOX OF THE CITY COUNCIL OF THE CITY OF SA..;.,TA MOKICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 51469 AT 1125 PICO BOCLEV ARD;' was adopted 6-D: CONTRACT/CO~SULTING SERVICES Contract Ko 6694(CCS) was awarded to Pollno\\' and ASSOCIates. m the amount ofS117.000 to proVIde consultmg serVIces to varIOUS CIty departments END OF CONSE~T CALENDAR I On order of the Mayor. Item No 8-B ",11 be heard at thIS tune 8-B: STREET PERFORl\IERS AND OTHERSIDISPLA YING OR DISTRIRlTTh'G MERCHAl\'DISE. GOODS~ \VRITTEN MATERIALS AND FOOD/OBJECTS Or\' SIDE\V ALKS/SPECIAL ZONES FOR STREET PERFORV'lERS A~D OTHERSfIHIRD STREET PROI\lENADE/ SANTA MONICA PIERlFILING FEES FOR PERFOR.'\IANCE PERvlIT Presented "vas an ordmance for mtroductIOn and first readmg modIfymg and addmg regulatlOns concernmg street performers and persons. mcludmg vendors, dIsplaymg or dIstnbutmg merchandIse. goods, wntten matenals and food, or placmg objects on publIc sIde\valks, two resolutlOns for adoptIOn estabhshmg speCIal zones for street performers and persons, mdudmg vendors, utIlIzmg tables, carts, blankets, or SImIlar Items on the ThIrd Street Promenade and The Santa MOllIca PIer, and, a resolutlOn for adoptlon estabhshmg filIng fees for a performance permIt Mayor Pro Tern Holbrook reported present at 6 58 p m Councllmember Greenberg reported present at 8 42 pill On order of the Mayor. the publIc hearing \\'as opened I 2 September] 6. 1997 246 Kathleen Rawson. ExecutIve DIrector of the Bayslde DIstrIct CorporatIOn. CorporatIOn members I Herb Katz and Nancy Desser, and member of the publIc Arash Yermlan spoke III support of the staff recommendatIOn. amended to mclude a 20-foot clearance rather than the recommended 10- foot clearance from the entrance of bUIldmgs and conveyance of enforcement authonty to CommunIty SerVIce Officers },rlember of the pubhc Tre GIles spoke m support of the staff recommendatIOn, amended to mclude a 20-foot clearance rather than the recommended lO-foot clearance from the entrance of bUIldmgs :\1ember of the publIc PhIlIppe Halleux spoke In support of the staff recommendatIOn. amended to mclude a 60-foot clearance rather than the recommended lO-foot clearance from the entrance of bUlldmgs Members of the pubhc Jerry Rubm, Susan Smyser, )red Landm, Tony Parker. Robert Peterson. Gregory Moll. Stephen Benedotty, j\IIguel Mendoza, Vmce Russo. Mark Barnas. Ron Taylor. and :\1IchaellVlaJestIc spoke m OppOSItIOn to the staff recommendatIOn :vI ember of the publIc J an PalchlkotT spoke m support of the staff recommendatIon. amended to convey enforcement authonty to Commumty SerVice Officers and Harbor Guards and address regulatIOn of product samplmg Member of the pubhc Bnan Hutchmgs expressed vanous concerns I "ylember of the pubhc Jeffrey Sherman suggested acceptable decIbel levels On order of the :Mayor, the Cny CounCIl recessed at 9 10 pm. and reconvened at 940 pm. WIth all members present On order of the :vlayor. the publIc heanng contmued Member of the public Patty Sheffield spoke III support of the staff recommendatIOn amended to reqmre that the PIer's specIal regulatIOns reqmre the performers to be 60' apart and 35' from the ,"endor. as IS done on the lb1rd Street Promenade ~-1ember of the pubhc Chns Volasla spoke m support of the staff recommendatIOn amended to reqUIre that the dIstance and tIme element that apply to the Thud Street Promenade also apply to the Santa MOllIca PIer, suggested that staff be given the authonty to make anyon-sIte locatIon changes If any were needed for publIc safety reasons. and grvmg enforcement authorIty to Cornmumty SerVice Officers and Harbor Guards Member of the publIc Marlene Gordon spoke In support of the staffrecommendatlOn amended to mclude a 20-foot cleatance Iathel them l!1C J('cnmmcIlCkd 10- f(Jot clearance [10m th~ entrance of brnldmgs .., -' September 16. 1997 I I I I 247 Member of the pubhc Murray Gould spoke m support of the staff recommendatlOn and requested that regulatlOns for the PIer be the same as for the Promenade Member ohhe publIc GeneYIVe Mornll spoke m support of the staff recommendatIOn and expressed concern '\'Ith 1llegal vendors ylembers of the pubhc RICk SmIth. LIsa Hackett. Marc 1'hskey. JulIa Pegler, BasIa Dumas. Jennafer \Vaggoner. Jeff Sklar. and Jason SqUIre spoke m opposltlon to the staff recommendatlOn ylember of the publIc Chenoa Faun suggested that thIS Issue be settled through a meetmg benveen the artIStS. busmess o'\ners, and the CIty :\ilember of the publIc WIlham PruItt dIscussed Illegal actlVItles on the Promenade ~1ember of the publIc \Valt DaVIS spoke m support of the staffrecommendatlon. WIth amendments as recommended by the BaysIde Dlstnct Corporatlon and relatmg to the slgn reqUIred for vendors and defimtlon of performance artISt I'vlember of the publIc MIchael Klem spoke m general support of the proposal. however, expressed concern ,vlth the regulatIOns that hmIt the expreSSIOn of the performers m ways that are constItutIonally suspect ylember of the publIc Tom Kampas spoke m support of both the busmesses and the artlStS m the Promenade ).;lotlon by CouncIlmember Femstem. seconded by Mayor O'Connor. to hear late speakers for one mmute each The motlOn faIled by VOIce vote WIth CouncIlmembers Ebner. Greenberg. Rosenstem, and Mayor Pro Tern Holbrook opposed ylotlOn bv CouncIlmember Femstem. seconded by CouncIlmember Genser, to hear the seven late speakers next week for one mmute each If a deCISIOn IS made to contmue thIS Item The motlon faIled by VOIce vote WIth CouncIlmembers Ebner. Greenberg, and Mayor Pro Tern Holbrook opposed. Councllmember Rosenstem abstammg The }'fayor closed the publIc heanng MotIon bv CounCllmember Greenbem. seconded by Councllrnember Rosenstem. to contmue tlus - ~- item to the rneetmg of September 23, 1997 The motIOn was approved by VOIce vote WIth CouncIlmember Ebner opposed 4 September 16, 1997 248 8-A: ORDINA~CEIMODIFICATION OF eM MAlS STREET CO~IMERCIAL DISTRICT PE~'fITTED USESIDEVELOPMENT STANDARDS/SPECIAL PROJECT I DESIGNIDEVELOPMENT STANDARDS The ordInance \vas presented for second readIng and adoptIOn )"IotIOn bv Councllmember Ebner. seconded bv Councllmember Rosenstem, to adopt Ordmance )Jo 1884(CCS) entItled '-AN ORDIKA.'\CE OF THE CITY COliNCIL OF THE CITY OF SANTA MO~ICA AME),1)ING SANTA :\10KICA :\lUNICIPAL CODE PART 9 04 08 28 REGARDDJ"G ACTHORIZED USES A~D PROPERTY DEVELOPMENT ST.~'fDARDS IN THE CM MAIN STREET COMMERCIAL DISTRICT," readmg by tale only and waivmg further readIng thereof The motIOn \vas approved by the follo\\1.ng vote Ayes Councllmembers Ebner, RosensteIn. Greenberg. Genser. Femstem. Mayor 0' Connor Mayor Pro Tern Holbrook None Noes Absent 9-A: CITY\VIDE HOUSING TREST FUND GUIDELINESIPUBLIC PARKING STRUCTVRE/1136-1144 FOURTH STREET Presented \vas the staff report recommendmg authonzatIOn for staff to prepare amendments to. and Waiver of, Clty\v1.de Housmg Trust Fund GUIdehnes. and adoptlOn of a resolutlon to forego pubhc blddmg procedures for constructlon of a pubhc parkmg structure at 1136-1144 Fourth Street (Fourth Street Semor Housmg Project) I )"IotIOn bv Councllmember Femstem. seconded bv Councllmember Genser. to contInue the - - meetmg past 11 00 P m The motlon ,vas approved by VOIce vote \\1.th Councllmember RosensteIn opposed On order of the Mayor. the publIc heanng was opened ylember of the pubhc Rosano Perry spoke m OppOSItIOn to the proposal The Mayor closed the pubhc hearIng Councllmember Genser, for the record, asked l'vlr Perry Ifhe was addreSSIng CounCIl as a representatIve for any client(s) :VIr Perry answered In the negatIve, statmg he was representmg taxpayers of the CIty of Santa MOllIca I\flotIOn by Councllmember Rosenstem. seconded by Councllmember F emstem. to authonze staff to amend all four CIty Housmg Trust Funds to perma the optlon to admInIstratively Walve the Cny reqUIrement for a Regulatory Agreement and to ehmmate the Borro\yer's optlon to request an extensIOn of the term of the Crty's loan, III heu ofloan repayment III the case of all projects funded under the HCD SectIOn 202 and Sectlon 811 Programs The motIOn was approved by the followmg vote ) September 16. 1997 I I I I 249 Ayes Abstam Noes Absent CouncIlmembers Rosenstem. Genser. Femstem. Mayor O'Connor Councllmember Greenberg. Mayor Pro Tern Holbrook CouncIlmember Ebner None CouncIlmember Ebner requested that the record reflect that she voted agamst the motIon because she feels It IS baSIcally dIshonest, that the only motivatIOn for thIS amendment was to evade the reqUIrements of ArtIcle 34. and It would not serve the mterests of the reSIdents of the CIty of Santa Momca to not be able to vote on theIr own housmg pnontIes MotIon by CouncIlmember Rosenstem, seconded by CouncIlmember F emstem. to ;,Valve Cnywlde Housmg Trust Funds Gmdehnes. on a one-tIme basIS only. to permIt as an ehglble aCtiVIty the constructIOn of the publIc parkmg structure to be constructed under the Fourth Street Semor Cltlzen Housmg Project and to pay the Parkmg Authonty for the loss of parkmg meter revenue dunng constructIOn The motIon was approved by the follmvmg vote Ayes Abstam Koes Absent Councilmemhers Rosenstem. Genser. Femstem. Mayor O'Connor Mayor Pro Tern Holbrook Councllmembers Ebner, Greenberg None CouncIlmember Ebner requested that the record reflect that she voted III oppOSItIon to the above motIOn because she does not feel that thIS wIll serve the people of Santa Momca and the Crty IS gIvmg a\vay money for a project that mayor may not be bUIlt ~lotIOn by CouncIlmember Rosenstem. seconded by CouncIlmember Femstem. to adopt a resolutIon WIth findmgs to forego publIc blddmg procedures for constructIOn ofthe publIc parkmg structure to be constructed under and as the foundation for the Fourth Street Semor CitIzen Housmg Project The motIon. requmng a two-thIrds vote. failed by the follmvmg vote Ayes Noes Absent CouncIlmembers Rosenstem, Genser. Femstem. Mayor O'Connor CouncIlmembers Ebner, Greenberg. Mayor Pro Tern Holbrook None CouncIlmember Rosenstem requested that the record reflect hIS behefthat thIS IS a sad day for the CIty of Santa Momca and as a result of the above vote the Crty WIll probably be spendmg more and gettmg less CouncIlmember Genser requested that the record reflect that he voted for thIS motIOn and IS very sorry that It dId not pass because he feels It IS essentIal that the commumty do whatever pOSSIble to faCIlItate affordable housmg for semor citIzens and he IS very dlsappomted that there '''ere not suffiCIent votes on the CouncIl to facIhtate such a project CouncIlmember Femstem requested that the record reflect that he shares the above sentIments 6 September 16. 1997 250 and noted that the CIty went through a sIgmficant process WIth the Housmg CommIssIOn. the I Plannmg CommIssIOn. COunCIl. and staff to prepare the first round of the Housmg Element to come to the kmd of conclUSIOns that \-"ere Just suggested by Councllmember Genser Thus, after that entIre body of work when a project such as tlus 15 presented that can help satIsfy the IdentIfied needs. It 15 partIcularly dlstressmg to not see the CounCIl follow-through after such a base and foundatIon has been made. As a pomt of personal prl\'llege. Mayor Pro T em Holbrook commented that there has been a suggestIOn that some members of CounCIl are not supportIve of low-cost housmg and he conveyed hIS recollectIOn that he has voted for every project that has come before CounCIl. however. he has a moral certamty that thIS actIOn would ViOlate the law and he cannot cast a supportIve vote m thIS Instance Councllmember Ebner also requested a pomt of person pnvllege and stated that she IS very supportIve of semor housmg and IS very supportIve oL\lenorah, \",hIch she belIeves IS a great organIzatIOn, she stated that she IS also convmced that the process by wluch tlus CounCIl has come to thIS pomt has been to break every smgle rule and every smgle ethIC. bemg extraordmanly Machlavelhan, clrcumventmg publIc process and added that she 15 shocked that some of the members of CounCIl ,"ould choose to bypass competltIve blddmg, but she too IS bound to follow the la\-v as she sees It and she beheYes that thIS IS what she IS domg Councllmember Rosenstem conveyed a pomt of personal pnVllege and SaId that the CIty has a very good CIty Attorney's office that has assured CounCIl that the la,,, has not been ViOlated and. I he feels It IS slanderous and lIbelous to accuse Councllmembers of breakmg the la\\'. that he resents It very deeply and expects an apology He SaId that It IS outrageous to make such accusatIOns CouncIlmember Genser took a pomt of personal pnnlege and conveyed hIS belief that he has been accused by one of lus colleagues of vIOlatmg the law He stated that certamly there IS room on thIS CounCIl to dIsagree and make dIfferent Judgements and he expressed earlier that he felt that enough Councllmembers made a '\Tong Judgement to block the action from happemng Hmvever. he Said that he takes It verY senously when a counctl member accuses hIm ofVIOlatmg - . ~ the 1m" and he pomted out that the CIty' s legal staff dId not mdIcate that takmg such actIOn \vould be a nolatIOn oflaw. m fact, the mohon \-vas m accordance w~th the staff's recommendatIOn Further. he pomted out that there IS lIhgatIOn pendmg by the two adjacent property owners to restnct the public' s use of thIS publIcly-owned parcel and he belteves that at least some of the Counc11members \\'ho voted agamst thIS project are motivated to not help the semors of the commumty. but mstead enhance the property values of the adjacent property m,ners. \VhICh he beheves IS a mlscarnage ofthe pubhc trust 7 September 16, 1997 I I I I 251 ~vIayor O' Connor requested that the record reflect that \vhIle on her nearly three years servmg on CouncIL ,vhIle she has not always agreed '\'lth everythmg staff has suggested m terms of how certam Issues are vIewed, she has found them to be ethIcal people. gIVIng good recommendatIOns based on dOIng thIngs legally, and she has the utmost confidence m them and theIr recommendatIOns She s3.ld that she reads and scrutlmzes the staff reports and uses her 0''\11 Judgement and she has not had any Instance whIch has led her to beheve that the staffhas employed anythmg of a Mach18velhan nature or trymg to promote some sort of agenda She beheves that they operate fauly and above-board She recogmzed staff s good work and S3.ld that she appreCIates thIS work and has confidence m them Mayor O'Connor shared her assessment of thIS sItuatlon, based on also workmg m the constructIOn mdustry and understandmg what change orders can do to a project. and noted that sometImes the low bId does not necessanly serve the pubhc well and does not necessarIly turn out m the long run to be the low bId Councllmember Rosenstem excused hImself from the meetmg at 11 27 pm 14-A: APPOINTMENTSIBOARDS AND COMMISSIONS MotIOn by CounCllmember Genser. seconded by Councllmember Femstem, to contmue thIS Item to the meetmg of September 23. 1997 The mouon faIled by the follOWing vote Ayes );oes Absent CouncIlmembers Genser, Femstem, Mayor O'Connor CouncIlmembers Ebner, Greenberg. Mayor Pro Tern Holbrook Councllmember Rosenstem Mouon by CouncIlmember Greenberg. seconded by CouncIlmember Genser. to contmue all appomtments. WIth the excepuon of the appomtment to the Personnel Board, to the meetmg of September 23.1997 The mouon was unammously approved by VOIce vote. WIth CouncIlmember Rosenstem absent Mayor O'Connor announced that the floor would conSIder nommatIOns for three vacanCIes on the Personnel Board Councllmember Greenberg nommated Tom Tolman There bemg no other nommatIOns. nommatIOns were closed The motIOn falled vote WIth Councllmembers Genser, F emstem. and Mayor O' Connor abstammg and Councllmember Rosenstem absent CouncIlmember Genser requested that the record reflect that lns abstentIOn does not reflect on any candIdate. he merely does not feel that It IS appropnate to vote on thIS Item thIS evemng Mayor O'Connor requested that the record reflect that she abstamed from votmg on the above motIOn because another nommatIOn form was receIved and she has not had an opportumty to renew It and she beheves that the apphcauon deserves falr conSIderatIOn 8 September 16, 1997 252 Appomtments to the Arrport Comrmsswn (I), ArchItectural RevIew Board (2). Arts ComnnsslOn I (1). Ba}'SIde DlStnct CorporatIOn (3). Bwldmg & Safety (1). CommlsslOn on the Status ~fWomen (1). Los Angeles County fVesf Vector Control (1), and Personnel Board (3) were contmued to the meetmg of September 23, 1997 14-B: RECO~SIDERATIOl\'"/DECISIO~/APPEAL 97-001lCUP 96-023/FAST FOOD RESTAURANT/OUTDOOR SEATING/CONVE1\1JENCE STOREI1410 PICO BOULEVARD The request oC'Vlayor Pro Tern Holbrook and CounCllmember Rosenstem to reconsider the July 22. 1997. declSlon regardmg appeal 97-001 ofPlanmng CommISSIOn approval of CondItIOnal C se PermIt 96-023 to allow the addItIon of a fast-food restaurant WIth outdoor seatmg and a convemence store to an eXlstmg self-sernce gas statIOn located at 1410 PI co Boulevard. relatIve to the eXlstmg 14th Street dnveway 'vas contmued to the meetmg of September 23, 1997 14-C: LETTER OF RESIGNATIONIDAN FREt:NDILANDMARKS CO:YIMISSIO::X MotIon by ::\tlayor O'Connor. seconded by Councllmember Greenberg. to accept the letter of resIgnatlOn from Dan Freund from the Landmarks CommISSIOn 'with great regrets and authonze the Clty Clerk to publIsh a Kotlce of Vacancy The motIon was unanImously approved '''Ith Councllmember Rosenstem absent 15: PLJJLIC I~PUT I ~'vrember of the pubhc Bnan Hutchmgs expressed hiS concerns on vanous Issues :\fember ofthe publIc Clarence Jon Helsler dIscussed accountabIlIty of councIl members to theIr constItuency 16-A: CLOSED SESSION/CO~FERE~CE 'VITO LEGAL COrl\"SEL EXlstmg LItIgatIOn VV~ll-Fourth Partnershlp v CIty CounCIl of the CIty of Santa Momca. Case Ko BS 045 458 ACTION Not heard 16-B: CLOSED SESSIO~/CONFERENCE W1TH LEGAL COL~SEL EXlstmg LlttgatJOn Charmont Partners. Ltd v Clty Counct! of the CIty of Santa :\rlomca. Case ~o SS 007 397 ACTIO1\" Not heard 9 September 16, 1997 I 253 I 16-C: CLOSED SESSION/CONFERENCE 'WITH LEGAL COUNSEL EXIstmg LItIgatIOn Mark MIskey v CltV of Santa MOllica. Case No CV 97-4325 ACTION Not heard 16-D: CLOSED SESSION/CONFERENCE \VITH LEGAL COU~SEL EXIstmg LItIgatIOn Santa MOllica Housmg Connell v CIty of Santa Momea, Case No SS 005191 ACTIOK Not heard 16-E: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL PotentIal Lmgatlon Number of cases One ACTION :-.Iot heard I ADJOURt'JME~T At 11 40 pill, the meetmg was adjourned to Tuesday. September 23. 1997. at 6 30 p m ATTEST '-~~_ ~O-/v\- I APPROVED .. ~ Marra M Stewart CIty Clerk Pamela O'Connor Mayor I 10 September 16. 1997