Loading...
M-10/27/1998 I I I 715 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 27, 1998 A regular meetmg of the Santa Momca CIty Counctl was called to order by Mayor Holbrook at 6 25 pm, on Tuesday, October 27, 1998, m the CouncIl Chambers Roll Call Present Mayor Robert T Holbrook Mayor Pro Tern Pam O'Connor CouncIlmember Michael F einstem CouncIlmember Ken Genser Councllmember Paul Rosenstem Councllmember Ruth Ebner Also Present CIty Manager John Jahh City Attorney Marsha Jones Moutne City Clerk Mana M Stewart CLOSED SESSIONS CLOSED SESSIONS At 6 25 pm, Councd adjourned to consider the following 16-A Conference with Legal Counsel - Existing Litigation Kamal v CIty of Santa Momca, Case No CV 95-1025 ACTION No reportable action taken l6-B Conference with Legal Counsel - Existing Litigation Santa Monica Housmg Council v CIty of Santa MOllIca, Case No BC 184061 ACTION No reportable actIOn taken 16-C Conference with Legal Counsel - Existing Litigation Chlanlan v City of Santa Momca, Case No SC 046 191 ACTION No reportable actton taken 16-D Conference with Legal Counsel - Existing Litigation Bret Carr v Santa Monica PolIce Deoartment. City of Santa - - Momca, et aI, Case No CV 97-8765 (Ill.H) 1 October 27. 1998 RECONVENEIPLEDGE SPECIAL AGENDA ITEl\-1S COMMENDATION VACANT CITY COUNCIL SEAT CONTINUED ITEMS: BUILDING & SAFETY COMMISSION HOUSING COMMISSION APPOINTMENT 716 ACTION No reportable actIon taken I 16-E Conference with Legal Counsel - Existing Litigation Santa Monica Street Performers GrOUD v. City of Santa Momca. . - Case No CV 98-7473 LGB ACTION No reportable actIOn taken 16-F Conference with Legal Counsel- Anticipated Litigation Number of cases Two ACTION No reportable actlOn taken On order of the Mayor, the City Counctl reconvened at 7 14 pm, WIth all members present except Counctlmember Ebner Councdmember Rosenstem led the assemblage In the Pledge of AllegIance to the Flag of the UllIted States of Amenca 4-A COMMENDATION TO SANTA MONICA BOBBY SOX SOFTBALL TEAMS Mayor Holbrook presented a commendatIOn to the Santa MOllIca Bobby Sox softball teams for representmg the Santa MOnIca communIty at the 1998 NatIOnal T oumament of ChampIons I 4-B VACANT CITY COUNCIL SEAT DISCUSSIon was held regardmg the optIons and procedure to fill an unscheduled vacant seat on the CIty CouncIl, as proVIded for In SectIOn 603 of the CIty Charter No formal actIon was taken 5-A BUILDING & SAFETY COMMISSION APPOINTMENT Motlon bv Counctlmember RosensteIn. seconded by Councdmember Femstein, to contInue the appomtment untIl the two-term lImIt policy IS reviewed The motIon was unanImously approved by VOIce vote, Counctlmember Ebner absent 5-B HOUSING COMMISSION APPOINTMENT Motion bv CouncIlmember Rosenstein_ seconded bv CouncIlmember Feinstein, to continue the appOIntment untIl the two-term lImIt polIcy is revIewed The motIon was unanimously approved by VOIce vote, CouncIlmember Ebner absent I 2 October 27, 1998 I I I 717 (:ONSENT CALENDAR: The Consent Calendar was presented, whereby an Items are consIdered and approved In one motlOn unless removed from the calendar for dIscussion MINUTES EARTHQUAKE RECOVERY RESOLUTION FIRE PUMPER APPARATUS DIGITAL RECORDING SYSTEM DIGIT AL MICROW AVE EQUIPMENT Member of the pubhc Joey Fullmer addressed Items on the Consent Calendar Motton by Mayor Pro Tem O'ConnoL seconded by Councllmember Genser, to approve the Consent Calendar, reading resolutlOns and ordInances by tItle only and wawlllg further readIng thereof The motlOn was approved by the follOWIng vote Ayes Councllmembers F emstem, Genser, Rosenstem, Mayor Pro Tem O'Connor, and Mayor Holbrook None Councllmember Ebner Noes Absent 6-A APPROVAL OF MINUTES The mmutes of the September 8, 1998, CIty Councll meetmg were approved 6-B EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE) ResolutlOn No 9329(CCS) entlt1ed "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 6-C PURCHASE OF FIRE PUMPER APPARATUS The purchase of fire pumper apparatus to carry fire hose, ground ladders, and water, was approved from KME Fire Apparatus, III the amount of $308,56446, for the FIre Department 6-D PURCHASE OF DIGITAL RECORDING SYSTEM The amount of $31 ,891 38 was approved, to purchase, deliver and mstall a dIgItal recordmg system from DIctaphone, Inc , for 24-hour per day recording of all Fire Department emergency telephone and radio commumcatlOns 6-E PURCHASE OF DIGITAL MICROWAVE EQUIPMENT Bid No 2723 was awarded to Telcom CommunicatlOns, In the amount of $350,497 96, to furnish, dehver and lllstall dlgltal mIcrowave eqUIpment for the Pohce 3 October 27, 1998 718 Department I FINAL TRACT MAP 6-F APPROVAL OF FINAL TRACT MAP NO. 52300 - 924 5TH STREET ResolutIOn No 9330(CC5) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 52300 AT 924 5TH STREET," was adopted, thereby apprOVIng a 10-umt Tenant-Partlclpatmg ConversatIon Project FINAL TRACT MAP AND 6-G FINAL TRACT l\'IAP NO. 52412 AND SUBDIVISION SUBDIVISION AGMT IMPROVEMENT AGREEMENT FOR 844 17TH STREET ResolutIon No 9331(CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO 52412 TO SUBDIVIDE A PROPERTY AT 844 SEVENTEENTH STREET;" was adopted, and Contract No 7398(CCS) for a subdlvislOn Improvement agreement was approved CASH MANAGEMENT 6-H CASH MANAGEMENT SOFTWARE SYSTEM FOR SOFTWARE SYSTEM CITY'S INVESTMENT PORTFOLIO Contract No 7399(CCS) was approved WIth SymPro, In the amount of I $49,887 50 for fiscal year 1998-99, for the purchase of cash management software, mcluding installatIon, set-up, trammg, and annual mamtenance for the FInance Department APPIAN WAY PROJECT 6-1 CONSTRUCTION MANAGEMENT I INSPECTION SERVICES I DESIGN AND CONSTRUCTION OF THE APPIAN WAY PROJECT Contract No 7400(CCS) was awarded to Montgomery Watson Amencas, Inc , m the amount of $2,357,070, for constructIOn of the AppIan Way project, and Contract No. 7401(CC5) was approved WIth Black and Veatch, Inc, m the amount of $388,000, for constructIOn management and inspection services of the project KEN EDWARDS CENTER 6-J REPAIR AND WATERPROOFING OF KEN ROOFS - REF AIRS EDWARDS CENTER ROOF AND DECKS Contract No 7402(CCS) was approved with Kitson Specialty Contractmg Company, m the amount of $220,015, for repamng and waterproofing the several roofs and decks at the Ken Edwards Center at 1527 4th Street CAROUSEL BUILDING 6-K ADDITIONAL WORK ON CAROUSEL BUILDING I October 27, 1998 4 I I I ROOF REP AIR - EARTHQUAKE DAMAGED SEWER MAINS ADMIN, PROCEEDINGS APPEAL - LE MERAGOT HOTEL (1746 OCEAN) Coullcllmember Ebner arrived at 8 50 pm 719 ROOF AT THE SANTA MONICA PIER The amendment to Contract No 6767(CCS) wIth Letner Roofing, lnc , was approved m the amount of $28,672, for addItIOnal work reqUired on the Carousel BuIldmg Roof 6-L CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES I REPAIRS OF EARTHQUAKE DAMAGED SEWER MAINS Contract No 7403(CCS) was approved with preussag PIpe RehabIlItatIOn, Inc , In the amount of $3,018,122, for the repaIr of sewer mams In vanous streets, and Contract No 7404(CCS) was approved WIth Hams & ASSOCIates, Inc, m the amount of $373,870, to proVIde management and mspectIon servIces 7-A APPEAL OF CONDmONAL USE PERl\fiT 98-003 FOR ON-SALE GENERAL~ CONTROLLED ACCESS, AND PORTABLE BAR ALCOHOL LICENSES FOR HOTEL AT 1746 OCEAN AVENUE (LE MERAGOT HOTEL) Presented was the staff report recommendmg denIal of appeal 98-007 of PlannIng CommIssIon approval of condItIOnal use permIt to allow Issuance of a Type-47 (on-sale general), Type-66 (controlled access), and Type-68 (portable bar) alcohol lIcenses to be used m conjunctIon with the operatIon of a prevIOusly approved hotel at 1746 Ocean Avenue, and upholdIng the Planning CommIssIon's approval of the conditIOnal use permIt WIth the findIngs and condItIOns outlIned m the report On order of the Mayor, the publIc hearIng was opened Appellants Jerry Bass and Stephanie Barbanell spoke In support of the appeal and In opposItIon to the PlannIng CommIssIOn approval Kevm Kozal, representIng the applIcant, spoke In oppOSItIOn to the appeal and In support of the project Member of the publIc Joey Fullmer expressed her concerns The following members of the publIc spoke m support of the appeal Janel Jones, DeVan Alo, Joyce Syme, and Ellen Brennan Member of the publIc DanIel Ehrler spoke m oppOSItion to the appeal 5 October 27, 1998 RECESS APPEAL OF CUP 98-003 (RESUMED) 720 Motton by Councilmember GenseL seconde<l by M<lyor Pro Tern I O'Connor. to hear late speakers for one mlfiute each The motton was unammously approved by VOice vote The followmg members of the pubhc spoke In support of the appeal John Krause and Greg Cole There bemg no further speakers, the Mayor closed the pubhc hearmg Kevm Kozal, representing the applicant and appellants Jerry Bass and Stephame Barbanell presented a rebuttal On order of the Mayor, the City Council recessed at 937 pm, and reconvened at 10 lOp m , WIth all members present, except Councilmember Ebner Motton by Councilmember Genser. seconded by Councdmember F emstem. to deny the appeal and include the follOWIng condittons to CUP No 98-003 1) sales of alcohol at the pool Will cease at 9 00 pm, 2) the hotel be reqUired to provide, m accordance With a parkmg plan approved by the City, 20 spaces for resident parkmg at rates equal to the amount that would be paid on the meters on spaces which may be lost, and 3) that the apphcatton be amended to mclude the conditlon regardmg staff participatlOn m a neighborhood-wide safety program with the other hotels and mstltutlOllS ill the area I MotlOn by Councllmember Femstem. accepted as friendly, to amend the motiOn by removmg the word "outdoor" from ConditiOn No 20 so that it reads "No mUSiC shall be permitted which can be heard by surroundmg residentlal neighbors" The motton, as amended, fatled by the followmg vote Ayes Councllmembers Femstem, Genser, Mayor Pro Tem 0' Connor Councllmember Rosenstem, Mayor Holbrook Councllmember Ebner Noes Absent Councllmember Genser requested that the record reflect that he is very disappointed that there were not four votes to at least try to address the legitlmate concerns of the neighbors Motion bv Councilmemher Rosenstein. seconded bv Mavor - - - I 6 October 27, 1998 I I I 721 Holbrook to deny the appeal and approve the Plannmg CommIssIon recommendatiOn, amended to remove the word '"outdoor" from CondItion No 20 so that It reads "No musIc shall be permttted which can be heard by surroundmg resIdential neIghbors," and mcorporatmg the language provIded by the hotel mdlcatmg Its wdlIngness to panicipate m a neighborhood security program with other hotels MOtion by Mayor Pro Tern O'Connor. died for lack of a second. to amend the motion to mclude a conditIon that there be no alcohol sales at the pool after 900 P m The motIon faded by the followmg vote Ayes Noes Councllmember Rosenstem, Mayor Holbrook Councllmembers Genser, FemsteIn, Mayor Pro Tem O' Connor Councdmember Ebner Absent By virtue of the above vote and the fallure of the motIOns to pass, the PlannIng CommissiOn declSlon stands ORDINANCES DEVELOPMENT REVIEW PERl\fiT THRESHOLD 8-A CALCULA TION OF DEVELOPMENT REVIEW PERMIT THRESHOLD Presented for mtroductIon and first readmg was an ordinance to allow reductIOn of reSidential square footage In vanous distncts to calculate the Development ReVieW permIt threshold, and to modIfy the zoning ordmance to reqUIre deed restnctIon for projects reducmg square footage, and reqUIre In-kInd replacement of eXIstIng on-site parkmg for new development in the C3-C and BSC distncts On order of the Mayor, the publIc hearing was opened Member of the publIc Bnan Hutchmgs expressed hIS concerns There bemg no further speakers, the pubhc hearing was closed .. . -. .. F emstem. to mtroduce for first readmg an ordInance entitled '"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTIONS OF THE ZONING ORDINANCE TO ALLOW SQUARE FOOTAGE DEVOTED TO RESIDENTIAL USES IN THE RVC, BCD, BSCD, C2, C3, C3-C, C4, C6, eM, AND CP DISTRICTS TO BE REDUCED BY 50% FOR PURPOSES OF 7 October 27, 1998 RESOLUTIONS PREFERENTIAL PARKING ZONES QQ AND RR 722 CALCULATING THE DEVELOPMENT REVIEW PERMIT I THRESHOLD AND MODIFYING AND ADDING SECTIONS TO THE ZONING ORDINANCE TO REQUIRE THAT PROJECTS wmCH TAKE ADVANTAGE OF THIS SQUARE FOOT AGE REDUCTION BE DEED RESTRICTED TO MAINT AIN THE RESIDENTIAL USE OF THE PROJECT," readmg by tItle only and watving further readmg thereof The motIon was approved by the followmg vote Ayes Councilmernber Rosenstem, Genser, Femstem, Mayor Pro Tern O'Connor, Mayor Holbrook None CouncIlmember Ebner Noes Absent 12-A PREFERENTIAL PARKING ZONES QQ AND RR Presented was the staff report recommending adoptIon of a resolutIon establishmg PreferentIal Parkmg Zones QQ and RR on Harvard between WIlshIre Boulevard and WashIngton Avenue, and on PaCIfic Street between EuclId and Eleventh Streets, and approvmg the negative declaratIons for each proposed zone Motion bv Councilmember F em stem_ seconded bv I CouncIl~ember Genser, to contmue the meetmg past 11 00 P m The motion was unanImously approved by VOIce vote, CouncIlmember Ebner absent The followmg members of the pubhc spoke In support of the establIshment of PreferentIal Parkmg Zones QQ and RR Kathleen Souza, Anthony Corkson, and Christme Setzer Motton by Councilmember Genser. seconded by CouncIlm~mber F eInsteIn, to approve the negative declaratIons for each proposed zone, adopt ResolutIon No 9332(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PREFERENTIAL PARKING ZONES QQ AND RR," readIng by tItle only and waIVIng further readmg thereof, and dIrect Finance DepaIt.lnent staff to make the budget adjustments outlIned m the staff report The motion was approved by the following vote Ayes Councdmembers FemsteIn, Genser, Rosenstem, Mayor Pro Tem O'Connor, Mayor Holbrook None I Noes 8 October 27, 1998 I I I 723 Absent Councllmember Ebner WRITTEN COMM: SEA VIEW TERRACE AND ENVIRONS 13-A PUBLIC HEALTH, SAFETY & WELFARE ISSUES AT SEA VIEW TERRACE AND ENVIRONS Presented was the request of Stephame Barbanell and Jerry Bass to address Councll regarding pubhc health, safety and welfare Issues of Seav1ew Terrace and environs The following members of the pubhc d1scussed pubbc health, safety and welfare 1ssues at Seav1ew Terrace and env1rons Joyce Syme, Greg Cole, Ellen Brennan, and R Wnght Motion bv Councllmember GenseL seconded bv Councllmember - - Rosenstem, to, m the short term, ask C1ty staff to encourage the MT A to relocate the bus stop SIte that was ra1sed as a concern dunng publIc comment, report to Counc11 on the use of the meters for some poss1ble res1dent permit parkIng, report on secunty deployment and enhancements, and, III the long term to report on optIons to phYSIcally Improve the AppIan Way neIghborhood as part of the budget planning process The motion was unanImously approved by VOice vote, Councdmember Ebner absent STREET PERFORMERS 13-B REGULATION OF STREET PERFORMERS The request ofR1chard Homer to address Counc11 regardmg the recently passed ordmances that relate to the regulation of street performers, artIsts, and entertamers on the Thud Street Promenade and the Santa Momca P1er was WIthdrawn at the request of Mr Homer THE DISABLED AND 13-C DISABLED AND HUMAN RIGHTS CONCERNS Pro HUMAN RIGHTS ISSUES Se - the Advocate, was not III attendance and did not address Councll regardmg the disabled and human nghts concerns Member of the publIc Bnan Hutchmgs expressed hiS concerns SAMOHI BAND UNIFORMS 13-D BAND UNIFORM REPLACEMENT PROGRAM Presented was the request of Jean Gebman, V1ce PreSIdent of Santa Momca Band Parents ASSOCIation, to address CouncIl to proVIde a status report on umform replacement program for the Band and dISCUSS collaborative efforts to benefit students Member of the publIc Heather Gehman thanked CouncIl for Its 9 October 27, 1998 COUNCILMEMBER DISCUSSION ITEMS: COMMISSION ON THE STATUS OF WOMEN RECREATION AND PARKS COMMISSION BA YSIDE DISTRICT CORPORATION 724 support and assistance m the purchase of new band umforms Member of the pubhc Bnan Hutchmgs expressed his concerns I On order of the Mayor, the mformatlOn was received and filed 14-A APPOINTMENT TO TWO UNSCHEDULED VACANCIES ON mE COMMISSION ON THE STATUS OF WOMEN Mayor Holbrook opened the floor to nommatlOns to the Commission on the Status of Women Councilmember Femstein nominated Sandie Richards Motion by Councllmember Genser. duly seconded. to appomt Sandie Richards by acclamation to a term on the Commission on the Status of Women endmg June 30, 2001 The motion was unanimously approved by VOice vote, Councllmember Ebner absent Mavor Pro T em 0' Connor nominated Patncia Galarza Ramos There being no other nommatlons, nommatlons were closed On a call for the vote, PatriCia Galarza Ramos was unammously approved by VOice vote, Councllmember Ebner absent, to the CommissIOn on the Status of Women, for a term endmg June 30, I 2001 14-B APPOINTMENT TO ONE UNSCHEDULED VACANCY ON THE RECREA nON AND PARKS COMMISSION Motion by Councllmember Femstein, seconded by Councilmember Genser, to contmue the appomtment to December 15, 1998 The motion was unanimously approved by VOice vote, Counctlmember Ebner absent 14-C APPOINTMENT TO ONE UNSCHEDULED VACANCY ON mE BA YSIDE DISTRICT CORPORATION Mayor Holbrook opened the floor to nommatlons to The Baysuie DIstnct CorporatIOn Councllmember Rosenstem nominated Ruth Elwell There being no other nommations, nommatlons were closed On a call for the vote, Ruth Elwell was unanImously approved by VOIce vote, Councdmember Ebner absent, to The BaySllie DlStnct Corporation for a term endmg June 30, 1999 I 10 October 27, 1998 I I I 725 AIRPORT COMMISSION 14-D APPOINTMENT TO ONE UNSCHEDULED VACANCY ON THE AIRPORT COMMISSION Mayor Holbrook opened the floor to nommatlOns to the Airport CommlSSlOl1 ARCHITECTURAL REVIEW BOARD SOCIAL SERVICES COMMISSION RESIGNA nON FROM LIBRARY BOARD RENTAL FEES FOR CIVIC AUDITORIUM Barbara Brown There bemg no other nommatiOns, nommatiOns were closed On a call for the vote, Barbara Brovm was unammously approved by vOIce vote, Counctlmember Ebner absent, to the AIrport CommiSSIOn for a term endmg June 30, 1999 14-E APPOINTMENT TO ONE UNSCHFDULED VACANCY ON THE ARCHITECTURAL REVIEW BOARD MotIon by Counctlmember Genser. duly seconded, to contmue thIS item to the meeting of November 10, 1998 The motIon was unanImously approved by VOIce vote, Counctlmember Ebner absent 14-F APPOINTMENT TO ONE UNSCHEDULED VACANCY ON THE SOCIAL SERVICES COMMISSION MotlOn by Councilmember Genser. duly seconded, to contmue this Item to the meeting of Decemher 15, 1998 The motiOn was unanImously approved by vOIce vote, Councilmember Ebner absent 14-G ACCEPTANCE OF LETTER OF RESIGNATION FROM TIll'- LIBRARY BOARD MotIon by Councl1member Genser. duly seconded. to accept WIth regrets the letter of reslgnanon from Robert J Baker from the LIbrary Board and authonze the City Clerk to publish the vacancy The motIon was unanImously approved by vOIce vote, Councilmember Ebner absent 14-H WAIVER OF RENTAL FEES FOR CIVIC AUDITORIUM MotIon bv Mavor Holbrook. seconded bv - - - CouncIlmember Genser, to waIve rental fees for the Santa MOnIca CIVtC Audltonum for the Santa Monica HIgh School Orchestra on December 16, 1998, and for the Santa MOnIca HIgh School Band on January 13, 1999 The motion was unanImously approved by voice vote, Counctlmember Ebner absent APPOINTMENT TO MWD 14-1 CHANGE OF APPOINTMENT TO METROPOLITAN WATER DISTRICT Presented was the request of 11 October 27, 1998 PUBLIC INPUT ADJOURNMENT 726 CouncIlmember Genser to dISCUSS changmg the current appomtment to the MetropolItan Watef DIStrict from an indefilllte term to a four-year term. and to reappomt the mcumbent to a four-year term MotIon by Counctlmember Genser. seconded bv Counctlmember - - Rosenstem. to establIsh a term of four years to begm January 1, 1999, and endmg December 31,2002 Judy Abdo, meum bent appomtee to MWD, spoke in support of the proposal The monon was unanimously approved by VOIce vote, Councilmember Ebner absent MotlOn by Councilmembef GenseL seconded bv Mayor Pro Tern - - - O'Connoc to appoInt Judy Abdo to the MetropolItan Watef Dlstnct for a four-year term beginlllng January 1, 1999 The mot1on was unanimously approved by VOlce vote, Councilmember Ebner absent PUBLIC INPUT Member of the puhhc Bnan Hutchmgs dIscussed PEN Member of the public Sandy T ompkms discussed the parkmg situation on Seavlew Terrace Member of the pubbc Tony Vazquez dIscussed recent VIOlence m the CIty and the need to find jobs and actIVItIes fOf youth At 12 15 am, the meeting was adjourned to November 10, 1998, at 6 15 pm, In memory of Cathy Fam, Ahce GIroux, and MarvIn E F einstem ATTEST ~ ~_'_~Lok Maria M Stewart CIty Clerk APPROVED ~~~~// ~x:~_ Robert T Holbrook Mayor 12 October 27, 1998 I I I