M-1/27/1998
384
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JA:'I~ARY 27,1998
A regular meetmg of the Santa ~10111ca CIty CounCIl was called to order by Mayor Holbrook at
616 pm. on Tuesday. January 27.1998. m the CouncIl Chambers
Roll Call
Present
Mayor Robert T Holbrook
:\'layor Pro Tern Pam O'Connor
Councllmember Ruth Ebner
Councllmember MIchael F emstem
Councllmember Genser
Councllmember Asha Greenberg
CounCIlmember Paul Rosenstem
Also Present
Crty Manager John Jahl1
City Attorney Marsha Jones :\foutne
CIty Clerk Mana M Stel"vart
PLEDGE
Councllmember Rosenstem led the assemblage m the Pledge of
AllegIance to the Flag of the U mted States of Amenca
CLOSED SESSIONS
CLOSED SESSIOJXS At 616 pm. CounCIl adjourned to Closed
SeSSiOns and reconvened at 7 03 p m to report on the follow'lng actiOn
taken
16-A Conference WIth Legal Counsel - EXlstmg Lmgauon Solano v
Crtv of Santa MoniCa. Case ~ 0 CV 93-3288 CBM
ACTION Heard No action taken
16-B Conference wlth Legal Counsel- EXlstmg LltIgatlOn Bret Carr
v City of Santa MOlllca. Case No CV 97-8765 HLH (Ex)
ACTION Heard ]'\0 actIOn taken
16-C: Conference WIth legal Counsel - EXlstmg LItIgatiOn Cny of
Santa Momca v IV10bII 011, Case No SC 778141
January 27. 1998
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RECONVE~E
AIRPORT COMMISSIO~
APPOI:XTMENT
CO~SENT CALENDAR:
385
ACTION Heard ~o actIOn taken
16- D Conference "Vlth Legal Counsel - AntICIpated LItIgatIon
?\umber of cases T"yo
ACTION
FIrst case
Second case
Heard No actIon taken
Not heard
CouncIl reconvened at 7 03 p m.. WIth all Councllmembers present
5-A AIRPORT COMMISSION APPOINTMENT The appomtment to
the AIrport CommiSSIOn for a term expmng June 30, 200L was contmued
to the meetmg of February 10, 1998
The Consent Calendar was presented, whereby all Items are consIdered and
approved In one motIon unless removed from the calendar for dISCUSSIOn
Members ohhe publIc Joey Fullmer and Bnan HutchIngs addressed Items
on the Consent Calendar
Mobon bv Councllmember Genser. seconded bv Mavor Pro Tern
- - -
O'Connor. to hear a late speaker for one mInute The motIOn was
unanImously approved by vOIce vote
ylember of the publIc DaVId Busch addressed Items on the Consent
Calendar
At the request of the CIty :Ylanager. Item No 6-F, ResolutIon adoptmg a
rate order for Century Southwest Cable TeleVISIon. "vas removed from the
Consent Calendar so that a staffreport can be gIven dlscussmg subsequent
changes made
CouncJlmember Ebner noted that she must abstam from votmg on approval
of the mmutes due to her absence trom the meetlllg of December 16. 1997
1-lotIon bv Councllmember Felllstelll. seconded bv CounCllmember
- -
Greenberg. to approve the remamder of the Consent Calendar. readIng
resolutIons and ordmances by title only and \VaIvmg funhel readmg thereof
The motIon was approved by the followlllg vote
Ayes
Councllmembers Femstem, Genser. Greenberg. Rosenstem.
Ebner, ylayor Pro Tern O"Connor. ;vlayor Holbrook
Kane
)loes
2
January 27. 1998
MI1\ilJTES
LOCAL EMERGENCY
PEDICABS
F AR!\i1ERS ~v1ARKETS
ACTO;\JOBILE
DEALERSHIPS
386
Absent ~one
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6-A APPROVAL OF MINUTES The City Council mInutes of the
meetmg of December 16, 1997. were approved as submitted, with
CouncIimember Ebner abstammg
6-13 CONTINUI~G EXISTENCE OF A LOCAL EMERGEl\"CY
(JAi'aJARY 1994 EARTHQUAKE DAMAGE) Resolution No
9234(CCS) entitled "A RESOLUTION OF THE CITY COL~CIL OF
THE CITY OF SANTA :\10NICA DECLARI)JG THE EXISTENCE OF A
CONTIKUNG LOCAL ErvIERGENCY:' was adopted
6-C PILOT PROGRAl\1 FOR THE USE OF PEDICABS ON )1AII'i
STREET The ordmance \vas presented for second readmg and adoptIOn
OrdInance No 1894(CCS) entltled "A1\ ORDNAl\'CE OF THE CITY
C01JNCIL OF THE CITY OF SANTA MO?\ICA APPROVING A PILOT
PROGRAM FOR THE USE OF PEDICABS ON A PORTIO)J OF MAIN
STREET," was adopted
6-D OPEN AIR F ARl"\tERS MARKETS I~ VARIOUS DISTRICTS
The ordmance was presented for second readmg and adoptIOn I
OrdInance 1'<0 1895(CCS) entitled "AN ORDI1\ANCE OF THE CITY
COUNCIL OF THE CITY OF SA?\TA MONICA ADDING SECTION
90402030543 AND A.viENTII1\G SECTIONS 9 04 08 38 050.
9040822040. i\.'\TD 9 04 0828 040 OF THE SA....'JTA MONICA
MUNICIPAL CODE TO ALLOW OPE~ AIR FAR-viERS MARKETS IN
THE CM MAIN STREET cm..nvfERCIAL DISTRICT THE A-OFF
STREET P ARKING OVERLAY DISTRICT A1\D THE C4 HIGHWAY
COMMERCIAL DISTRICT \'lITH A CONDITIO:-JAL USE PERlVIIT:'
was adopted
6-E AUTOMOBILE DEALERSHIPS AS CO]'l;'DITIONALL Y
PERMITTED USES The ordmance \vas presented for second readmg and
adoptIOn
Ordmance 1\0 1896(CCS) entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MO?\ICA AMENDI1\G SECTI01\
9040826020 OF ARTICLE IX OF THE SA1\TA ylONICA
MUNICIPAL CODE TO SPECIFY AUT0:\10BILE DEALERSHIPS IN
EXISTENCE ON OCTOBER 1. 1996, AS CO)JDITIONALL Y
PER.\.1ITTED USES N THE C6 BOULEVARD COI'vlMERCIAL
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January 27. 1998
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RLl~OFF RECLAxIATION
FACILITY LOAN
COMPREHENSIVE
HOL"SIKG SERVICES
P1\EmvlATIC TUBELESS
TIRES
RATE ORDER FOR
CE),[TURY SOUTHWEST
CABLE TELEVISI01\
387
ZONING DISTRICT," was adopted
6-G RESOLUTIO~ APPROV1~G APPLICATION FORRI:XOFF
RECLAMATION FACILITY LOAi"l" F(;"~DS: ResolutIOn Ko
9236(CCS) enhtled
"RESOLUTIOK OF THE CITY COLl\CIL OF THE CITY OF SA1\TA
MO),[ICA APPROVING THE APPLICATION FOR LOA..~'\ FIDJDS
FROM THE STATE REVOLVING FU'JD FOR THE DRY WEATHER
RL"KOFF RECLA1\lATION FACILITY:' was adopted
6-H COMPREHENSIVE HOrSING SERVICES CHA.,"GE ORDER
The City Manager was authonzed to execute a change order. not to exceed
$7.600. to an eXlstmg purchase order 'With ComprehenSive Housmg
Services to contmue provldmg prevallmg wage compliance momtonng
services to the MulttfaImly Earthquake Repair Loan Program
6-1 PNEUMATIC TUBELESS TIRES FOR BUSES Bld),[o 2668 \vas
awarded to Goodyear TIre & Rubber Co . m the total amount of $892.717
for a five-year penod. to furnish and deliver pneumatic tubeless tues to be
leased for use on buses of the Santa MOnica MUniCipal Bus Lmes
6-F RESOLUTION ADOPTING A R.<\.TE ORDER FOR CENTURY
SOUTHWEST CABLE TELEV1SIO~ Presented was the staffrepon
recommendmg adoptIOn of a resolutIOn to establtsh the mmumum permitted
rates for eqwpment and mstallatton charges. and ordenng refunds. If any. of
overpayment tor such eqmpment and mstallatlOn charges
Motton by Councllmember Greenberg. seconded bv CounCllmember
Femstem. to adopt ResolutIOn 1\0 9235(CCS) entitled "A RESOLUTI01\
OF THE CITY COl;1\CIL OF THE CITY OF SANTA lvIONICA
ADOPTING A RATE ORDER REGARDIl\G THE EQCWME\T AND
INSTALLATION RA.TES FOR CE'JTURY SOCTHWEST CABLE
TELEVISION. Il\C ,.. as amended to exclude the rates for digital converter.
digital remote and aSSOCiated mstallatton rates. readmg by htle only and
waIvmg further readmg thereof The motIOn was approved by the follovimg
vote
Ayes
Councllmembers Ebner. Rosenstem. Greenberg. Genser.
Femstem. :'vIayor Pro Tern O'Connor. Mayor Holbrook
None
None
Noes
Absent
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January 27. 1998
ADMINISTRATIVE
PROCEEDI~GS
APPEAL - THE SEA
CASTLE
PARKIl\"G -SEA CASTLE
SITE
388
END OF CONSE::\T CALE:--'TIAR
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The City Clerk announced that the Appeal of the Earthquake Recovery
PermH and Councllmember Rosenstem- s request to dIrect staff to explore
opportunltles for addmonal parkmg m the area of the Sea Castle SHe Wll! be
combmed and heard concurrently
7-A APPEAL OF EARTHQUAKE RECOVERY PER.'-'IIT
APPROVAL FOR I~-KIND CO~STRrCTIOl\" OF 8-STORY, 178-
UNIT APARTMENT BUlLDI~G (THE SEA CASTLE) AT 1725 THE
PROMENADE Presented was Appeal 97-021 and Appeal 97-022 of the
Planmng CommISSIOn's approval of an Earthquake Recovery PermIt for the
m-kmd reconstructIOn of an 8-story, I 78-unIt apartment bUlldmg (the Sea
Castle) at 1725 The Promenade, and the recommendatIon to deny the appeal
and uphold the Plannmg CommIsSIOn deCISIOn
Applicant Wade Kille fer. AlA
Appellants Jerry Bass and Stephanie Barbanell (Appeal 97-021),
Ellen Brennan (Appeal 97-022)
14-B REQL'EST OF COU~ClL:VIEMBER ROSEN STEIl\" TO
DIRECT STAFF TO EXPLORE OPPORT{)l\"ITIES FOR
ADDlTIO~AL PARKING IN THE AREA OF THE SEA CASTLE I
SITE Presented was the request of Counctlmember Rosenstem to direct
staff to explore opportumtles for addItIonal parkmg m the area of the Sea
Castle SIte
On order of the Mayor. the public hearmg was opened
Appellants StephanIe Barbanell and Jerry Bass spoke m support of Appeal
97-021 and m oppOSitIOn to the Plannmg CommISSIOn's approval of the
project
Appellant Ellen Brennan spoke m support of Appeal 97-022 and m
oppOSitIOn to the Plannmg CommISSIOn' S approval of the project
Dale Goldsmith, representmg the applIcant. spoke m support of the
Plannmg COmlll1SSlOn'S approval of the project and m oppOSitIOn to
Appeals 97-021 and 97-022
Members of the publIc Estelle Sieger. Janel Jones. Henry Madden, Amanda
Roraback, Dave Lalor. Donna Alvarez, Nicole Lenz. J D Simpson. John
Krause, Edmund Stonemark, Susan Wluttle. and George Ollen spoke m
support ofthe appeals and m oppOSItion to the Plannmg CommlsslOn' s
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January 27, 1998
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approval of the project
Members of the public ConnIe Ortega. DWight La\\Tence. Eli Farah.
Claudia Schumacher. Jennifer Hodgson. Judy Haddad. Brtan Cullen,
Sharon tvhllard, Polly Ramos. Colleen Creedon. Tom Feeney. Suzy Green.
Chnstma Galante. Bnan Codd. Munel Dlugatch. Susan Jones. Walter
Kmg, Jay FlOndella. Andrea Lenardm. Robert Madok. and Kathy WeremUlk
spoke m opposItIon to the appeals and III support of the Planmng
CommlsslOn's approval of the project
-"iember of the public Joyce Syme suggested that the use of thiS land be tied
m With the other hotels m the area
Members of the public Joey Fullmer and Bnan Hutchmgs expressed their
concerns
:Member ofthe publIc LOUIse Stemer spoke m support of rebUlldmg the
hotel \..-Ith adequate parkmg
Motion by CouncIimember Genser. seconded bv Mavor Pro Tern
O'Connor, to hear late speakers for one mmute each The motIOn \vas
unammously approved by vOice vote
Members of the public Norwood FIsher and Jean Gebman spoke m support
of the appeals and m Opposltlon to the Plannmg Commission's approval of
the project
There bemg no other speakers, the :vlayor closed the public hearmg
Dale Goldsmith. Stephanie Barbanell, Jerry Bass, and Ellen Brannan
presented theIr respectI\"e rebuttals
RECESS
On order of the l'vlayor. the CIty CounCIl recessed at 9 26 pm, and
reconvened at 946 pm. WIth all members present
MotIOn bv CounCllmember Genser. seconded by Councllmember
Greenberg:. to deny appeals 97-021 and 97-022, and uphold the Planmng
CommISSIOn approval of Earthquake Recovery PermIt 97-001 With findmgs
and conditIOns
MotIOn bv Councllmember Femstem to amend the motion to ask staff to
contmue to \york With the developer to ans\ver the question as to \vhether or
not returmng tenants who prevIOusly had parkmg as an amemty will have
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January 27. 1998
390
the same amemty upon their return The motIon \vas accepted as frlend1YI
\vlth the amendment to give staff directIOn to not on1v answer the above
questIOn but also report back to Council '\>\'Ith any legislative remedies to
give the tenants those nghts
After diSCUSSIOn on the ments of the above motIOn and mput from the CIty
Attorney. CouncIlmember Femstem wIthdrew his amendment
Motion bv Councllmember Rosenstem, accented as fnend1y. to amend the
motIon to requITe the developer of the Sea Castle to develop a plan to
disclose the neIghborhood parkmg sltuatlOn to prospective tenants m a torm
acceptable to the CIty
MotIon by CouncIlmember FeInstem, accepted as frIendlv. to amend the
motIon to mclude language in ConditIon No 5 to reference applicable
admInistrative gUidelines for priontlzmg returnmg tenants The motIon. as
amended, was approved by the followmg vote
Ayes
CounCllmembers Ebner. Rosenstem. Greenberg, Genser.
Femstem. ylayor Pro Tern O'Connor. Mayor Holbrook
None
Kone
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Noes
Absent
MotIon bv Councllmember Femstem. to direct staff to work With the
developer to address the questIon of whether parkmg IS an amemty for
returnmg tenants Second bv CouncIlmember Genser With the anlendment
to gnre staff duectlOn to report back to CounCil \\'Ith any legislative
remedies to give the tenants those nghts The motIOn was unanimously
approved by VOlce vote. wltll all present
MotIon bv Councllmember Rosenstem. seconded bv Councllmember
Femstem, to dIrect statTto explore opportumtles for addItIonal parkIng m
the neighborhood surroundlllg the Sea Castle sIte. to Include pOSSibilItIes
such as staff to be able to work \VIth the developer on a valet parkmg plan.
exp10rmg pOSSibilIties of expandmg parkmg mSlde the bUl1dmg. the
pOSSIbilIty that the developer mIght contrIbute toward the cost of operatmg
shuttles m the beach area andror participate m traffic studies. etc
MotIOn to amend by CouncIlmember Femstem. accepted as fnendly. to
Include the pOSSibility of mcludmg pemllt parkmg m the dlstnct and
conSideratIOn of pnontlzmg the parkmg permIts. If and when they are
established. so that the most needy have the tlrst opportunity for same If
there are a limited number of permits to be Issued The motIon. as
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January 27. 1998
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ORDINA~CES
MORA.TORIU:\ION
SUBDIVISIONS
Councllmember Genser and
Mayor Holbrook were
excused at 10 40 P m due to
a conflict of Interest
STREET VENDOR
ORDINANCE
CouncIlmember Genser and
Mayor Holbrook returned at
10 41 pm
391
amended. was unammously approved by VOlce vote
8-A INTERIM ORDIl"AJ.,"CE ESTABLISHIl"G A MORATORIU~I
ON SUBDIVISIONS Presented for first readmg and adoptIOn was an
mtenm ordmance of the CIty of Santa l'vlomca extendmg a moratonum on
subdn"ISlOnS III the area bounded by Ocean A venue. Seventh Street.
Adelalde Dnye and ~ontana Avenue pendmg renslOns to the zomng
ordmance changmg the 1lllmmum lot \':Idth from fifty feet to one hundred
feet for an R-llot wlthm the area descnbed. and. declarmg the presence of
an emergency
On order of:'vlayor Pro Tern O'ConnOL ,vho assumed the ChaIT. the public
hearmg was opened There bemg no one "'"lshmg to speak. the pubhc
hearmg was closed
Motion bv CouncIlmember Femstem. seconded by Councllmember
Greenberg:. to mtroduce and adopt Ordmance No 1897(CC5) entitled '"AN
I~TERIM ORDINANCE OF THE CITV COU?\CIL OF THE CITY OF
SANTA MONICA EXTENDING THE MORA TORIGM ON
SUBDIVISIONS IN THE AREA BOL'?\DED BY OCEA::-I AVENUE.
SEVE~TH STREET, ADELAIDE DRIVE. Ac'\D MONTANA AVENUE
PENDIKG REVISIO-='/S TO THE ZO-='/ING ORDINAKCE CR<\NGING
THE MINI:'vHJM LOT WIDTH FRO:'vl FIFTY FEET TO ONE HUNDRED
FEET FOR ,"--.'\ R-l LOT WUHIN THE ABOVE-DESCRIBED AREA,
DECLAlIT'-!G THE PRESENCE OF AN E:'vlERGEKCV:' readmg by title
only and Walymg further readmg thereof The motIOn was approved by the
followmg vote
Ayes
Councllmembers Femstem, Greenberg. Rosenstem.
Ebner. \clayor Pro Tern O'Connor.
Councllmember Genser. ~ayor Holbrook
Kone
None
Absent
~oes
Absent
8-B AMENDMEXT TO "STREET VE::\-nOR" ORDINAl\TE
Presented was an ordmance tor first readmg and mtroduchon amendmg
Mumclpal Code section 636030 relatmg to street vendmg
~10tlOn bv CouncIlmember Rosenstem. seconded bv CouncIlmember
Greenberg. to hear speakers on thiS Hem thiS evemng and contmue
dlscuSSlOn and yotmg to the meetmg of February 10. 1998
8
January 27.1998
REPEAL OF ASSAl:L T
WEAPO~S ORDI~ANCE
STAFF ADMI~. ITEMS
BIG BLUE BUS SERVICE
392
Motion bv CouncIlmember O.Connor. accepted as fnendlv, to amend the
motIon to hear speakers at the next meetmg ,:vho dId not speak thIS eve- I
mng The motIon. as amended. was unammously approved by vOice vote
On order of the :\tfayor, the public hearmg was opened
Member of the pubhc DavId Busch spoke m support of the proposed
amendment to the ordmance
On order of the :Vlayor, thIS matter contmued to February 10. 1998
8-C REPEAL OF ASSAUL T WEAPO~S ORDINA~CE Presented
was an ordmance for first readmg and mtroductlOn repealmg Chapter 3 28
of the mUnICIpal code relatmg to assault weapons
On order of the Mayor, the public hearIng was opened There bemg no one
v>ilshmg to speak. the pubhc hearmg was closed
MotlOn bv CouncIlmember Ebner. seconded by Councllmember F emstem.
to mtroduce for first readmg an ordmance entitled "A..~ ORDI:\A:\CE OF
THE CITY COLl\CIL OF THE CITY OF SANTA MONICA
REPEALING CHAPTER 328 OF THE SANTA MOKICA Nfl,;';ICI-
PAL CODE RELA TlKG TO ASSAGL T WEAPONS." readmg by title I
only and \Valvmg further readmg thereof The motlon was approved
by the followmg vote
Ayes
Councllmembers Femstem. Genser, Greenberg. Rosenstem.
Ebner. Mayor Pro Tern O'Connor. Mayor Holbrook
Kane
Kone
Noes
Absent
9-A BIG BLL"E BL'S SERVICE IMPROVEMENTS Presented 'vas the
staff report recommendmg that Council receIve pubhc mput and approve
bus serVIce Improvements to Lllle 3 - Llllcoln Boulevard/Montana Avenue
route effectIve March 1. 1998. and Lllle 12 - Robertson Boulevard!Palms
effectIve September 1998
On order of the Mayor. the public hearmg was opened
Member of the pubhc Dana Gabbard spoke III support of the proposed
serVIce Improvements
There bemg no other speakers, the Mayor closed the pubhc hearIng
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January 27. 1998
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COU'" ClL\1EYIBER
ITEMS: HOUSI:"lG
CO:\'IMISSION APPT.
PLBLIC INPUT
ADJOURN:VIE~T
393
MotIOn bv Councllmember Greenberg. seconded by Councllmember Ebner.
to authonze ImplementatlOn of descnbed mod1ficahons to the Lme 3 -
Lmcoln Boulevard/ylontana route effective ylarch 1, 1998. and Lme 12 -
Robertson BoulevardJPalms effectIve Seplember 1998 The motlOn was
approved by the follmvmg vote
Ayes
CounCllmembers Ebner. Rosenstem, Greenberg. Genser,
Femstem. :Vlayor Pro Tern O'Connor. Mayor Holbrook
:'\one
:'\one
Koes
Absent
14-A HOUSING COMMISSION APPOIl\TMENT
ylotlon bv Councllmember Rosenstem. dulv seconded. to contmue the
- -
Housmg CommiSSIOn appomtment to one unscheduled vacancy for a term
endmg June 30. 1998. to the meetmg of February 10. 1998 The motion
\vas unanimously approved by VOlCe vote
15 PUBLIC INPUT yIember of the public John Jurenka discussed Issues
relatmg to apartment O\\nershlp
On order of the ylayor. the City Couned meetmg \vas adjourned at 11 05
pm. to Tuesday. February 3. 1998. at 6 15 pm, for Closed SesslOn only.
m memory of Arclne :-.rornson and Margaret Lynch
ATTEST
APPROVED
;t!/~/ #/~'C~
~F~
Mana:V1 Ste.vart
City Clerk
Robert T Holbrook
Mayor
10
January 27.1998