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M-10/14/1997 278 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 14/15,1997 A regular meetmg of the Santa MOllIca CIty CounCIl was called to order by Mayor O' Connor at 640 pill. on Tuesday, October 14. 1997. m the CouncIl Chambers Roll Call Present Mayor Pamela O'Connor Mayor Pro Tern Robert T Holbrook CouncIlmember Ruth Ebner (arnved at 7 04 pm) Councllmember MIchael Femstem COUllCllmemher Ken Genser COUllcllmember Asha Greenberg Councllmember Paul Rosenstem Also Present City Manager John Ja1111 CIty Attorney Marsha Jones Moutne CIty Clerk ~1ana M Stewart Mayor Pro Tern Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of Amenca 4-A: PROCLAMA TIONI\VORK TO END DOMESTIC VIOLENCE l\'10l"TH Mayor O'Connor presented a proclamatIOn declanng the month of Octo her 1997 to be "Work to End Domestzc r'lOlence Jlonth 'J III the CIty of Santa MOllIca 4-B: PROCLAMATION/SKATE AGAINST VIOLENCE \VEEK Mayor O'Connor presented a proclamatIOn declanng October 21 through October 26. 1997. as '"Skate Agamst VIOlence WeeK' m the CIty of Santa MOllIca 11otIOn by CouncIlmember Rosenstem, seconded by Councllmember Greenberg. to contmue Item No 8S-1 to the next meetmg and accept speaker cards on Item Xos 7-A. 7-B. and 8-B as regular chIts until 8 30 p m The motIon was unammously approved by VOIce vote SS-I: STEDY SESSION/CONCEPTUAL ALTERNATIVE REVISIONSI INCLUSIONARY HOUSING PROGRAM GUIDELINES Contmued to the meetmg of October 28. 1997 1 October 14, 1997 I I I I I I 279 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 Members of the publIc Joey Fullmer, Enc Parlee, and Bnan Hutchmgs addressed items on the Consent Calendar. At the request of Councllmember Rosenstem Item No 6-H \vas removed from the Consent Calendar At the request ofCouncllmember Greenberg Item No 6-F was removed from the Consent Calendar MotIon by Councllmember Femstem, seconded by Mavor Pro Tern Holbrook. to approve the Consent Calendar. WIth the exceptIOn of Item K05 6-F and 6-H. readmg resolutIOns and ordmances by tItle only and Wa1VIng further readmg thereof The motIon "\\'as approved by the follovvmg vote Ayes CouncIlmembers Femstem. Genser, Greenberg, Rosenstem, "Mayor Pro Tern Holbrook. Mayor O'Connor ~one Councilmember Ebner 1\ oes Absent 6-A: i\Ul\'UTES APPROVAL The CIty CouncIl mmutes of the meetmg of August 26. 1997, \vere approved as submItted 6-B: lVII~UTES APPROVAL The CIty CouncIl mmutes of the meetmgs of September 9. and September 16, 1997. were approved as submItted 6-C: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JA~UARY 1994 EARTHQUAKE DAMAGE) ResolutIOn No 9204(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MO:--JICA DECLARING THE EXISTENCE OF A CONTINuING LOCAL EMERGENCY" "vas adopted 6-D: ORDH\ANCEIELlMINATIONIELECTRICAL APPEALS BOARDIPLUMBI~G A~D MECHANICAL APPEALS BOARD Ordmance No l887(CCS) entItled "AN ORDI0rA1'-.\CE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA Aiv1ENDING SANTA MO:\TICA MCNICIPAL CODE SECTION 8 04 020 020 ELIMINATIKG THE ELECTRICAL APPEALS BOARD AND THE PLUMBING/MECHANICAL APPEALS BOARD:' was adopted 6-E: GENERAL SERVICES AGREEMENT/COUNTY OF LOS ANGELES Contract 1'\0 6807(CCS) was approved WIth the County of Los i\ngeles to provIde sen'lces mcludmg. but not lImIted to. anImal controL street mamtenance, tract map checkmg. health servIces and engmeenng, for the penod July 1. 1997 through June 30. 2002 2 October 14, 1997 280 6-G: CONTR...\.CTfINTERACTIVE VOICE RESPONSE SYSTEM Contract No I 6808(CCS) was approved \"''lth Selectron. Inc , In an amount not to exceed $48.604, to furmsh, mstall, tram and provIde staff support for an InteractIve VOIce Response System for bwldmg InspectIons 6-1: APPOINTl\'lENT OF MEMBERSfIECHNICAL ADVISORY COMI\UTTEEIPHASE 2/SUST AINABLE DEVELOP~1ENT GUIDELINES PROJECT. NabIh Youssef. DaVId HIbbert. Doug Holte, Gary Petersen. Ralph Do\\ning. CynthIa Kenmck, Steve DavIs. and John ZInner were appomted to serve on the Techrucal AdvIsory CommIttee for the Sustamable Development GUIdehnes Project 6-J: CO~TRACT /REP AIRSIMILES PLA YHOUSE/ADDENDl)M/CO"[\;STRUCTION SITE OBSERV ATIONI STRUCTURAL INSPECTIO~ Contract)Jo 6809(CCS) was approved \Vlth Vahdam ConstructIOn, In an amount not to exceed $1.294,592. to complete earthquake and other permanent repairs to the MIles Playhouse. and, Contract No 7066(CCS) \YIth the John Ash Group \-vas amended. m an amount not to exceed $26.000. for Increased constructIon sIte observatlOn and structural mspecllon dunng construCllon 6-K: CONTRACTJIMPROVEMENTSIPARKING STRUCTURES 1-6/CONTRACTI CONSTRUCTION MANAGEMENTIP ARKI:'\IG STRUCTURE IMPROVEMENTS Contract '!\o 6810(CCS) was approved WIth Alfa 26 ConstructIon Company, m an amount not to exceed Sl,481.126, for constructmg improvements to Parkmg Structures No 1-6: and. Contract I 1'\0 6811(CCS) was approved \VIth CMI Engmeenng InspectIon. m an amount not to exceed $120.000. for management of the constructIOn ofthe parking structure improvements E1\iD OF COKSENT CALENDAR 6-F: Al\rlENDMENT TO CO~TRACT/CITY OF LOS ANGELESIDIVERSION OF DRY- 'VEA THER LO\V FLO'V RUNOFF FROM PICQ-KENTER STOR-\'[ DRAIX INTO THE SANIT ARY SE\VER SYSTEM: Councllmember Greenberg recused herself from votmg on thIS Item due to a potentIal conflIct of mterest due to her bemg an employee ofthe CIty of Los Angeles. and to her employer's pOSSIble mvolvement m thIS matter MotIon by Councllmember Genser. seconded by Councllmember RosensteIn. to approve the amendment to Contract No 5798(CCS) wlth the CIty of Los Angeles to contmue dIvertmg dry- \'I,'eather low-flow runoff from the PICO- Kenter storm dram mto the sanItary sewer system through October 21. 2000 The motIOn 'vas approved by the follo\",lng vote Ayes Counctlmembers Femstem. Genser, Rosenstem. ~layor Pro Tern Holbrook, Mayor O'Connor None Counctlmembers Greenberg, Ebner Koes Absent I 3 October 14. 1997 I I I 281 6-H: 'VAlVE :KOAAtAL PROCEDVRESIDISPOSITION OF CITY PROPERTY Councllmember RosensteIn adVIsed that he removed thIS Item from the Consent Calendar because he does not see the propnety m dlsposmg of the excess eqUIpment m the manner suggested :'vlotIOn by CouncIlmember Rosenstem. to donate the excess eqUIpment to the school dlstnct and If the school dlstnct cannot use same make the eqUIpment aVaIlable to any of the charItable. non- profit orgamzatIOns WIth whIch the CIty works DISCUSSIOn ensued as to the hstmg of the matter on the agenda and Brown Act complIance Councllmember Rosenstem wlthdrew hIS motIon Councllmember Ebner reported present at 7 04 P m ~'lotIOn bv CouncIlmember Genser. seconded bv Councllmember FemsteIn. to authonze the - - donatIOn of used eqUIpment from the NSC to non-profit neIghborhood groups that qualIfied for NSC membershIp, authonze staff to develop procedures fur Its distnbutIOn. authorIze the loan of translatmg eqUIpment for meetmgs of the groups. and endorse the routme prOVISIOn of one free copy of CIty planmng documents and agenda matenals to each non-profit neIghborhood group on request The motIon faIled by the followmg vote Ayes Abstam Noes Absent CouncIlmembers Rosenstem. Greenberg. Mayor Pro Tern Holbrook Councllrnember Ebner CouncIlmernbers Genser. Femstem. Mayor O'Connor 01 one MotIon bv Councllmember Rosenstem. seconded bv Mavor Pro Tern Holbrook. to dIrect staffto - - return \\1th a proposal to proVIde the excess eqUIpment to the school dlstnct, or, If the school dIstnct cannot use It, to non-profit chantable groups With WhICh the CIty works SubstItute motIon by CouncIlmember Genser, seconded by CouncIlmember Femstem. to dIrect staff to conSIder a range of potentIal uses for the eqUIpment \-vhleh ,,",ould Include non-profit groups \Vlth ,vhleh the CIty works and the neIghborhood groups The substItute motIOn \-vas approved by the follovv'lng vote Ayes Noes Absent Councllmembers Greenberg. Genser. Femstem, Mayor O'Connor Councllmembers Ebner. Rosenstem, yfayor Pro Tern Holbrook None The Ylayor announced that the next three Items, 7-A. 7-B, and 8-A. wl11 be cornbmed and heard concurrently 4 October 14. 1997 282 7-A: APPEALS 97-012 AND 97-01S/CUP 97~003rrYPE-47. TYPE-66. TYPE-68 ALCOHOL LICENSESIHOTEL/1910 OCEAN AVENUE Presented were Appeals 97-012 I and 97-015 of Planning Commission Approval ofConditlOnal Cse PermIt CUP 97-003 to allow the Issuance ofType-47 (On-Sale General Eatmg Place), Type-66 (Controlled Access) and Type- 68 (Portable Bar) alcohol lIcenses to be used m cOnjunctIOn wIth the operatlOn of an eXlstmg hotel located at 1910 Ocean Avenue. and the recommendatIOn to deny the appeals and uphold the Planmng CommISSIon' s declSlon Apphcant Edward Thomas Management Company Appellants Juhe Lopes-Dad (Appeal 97-012) and Janel Jones (Appeal 97-015) 7-B: APPEAL 97-013/Crp 97-008/EXTENSION OF RIGHTS GRANTED BY CUP 94- 012/P ARKI~G LOT /RVC DISTRICT/1828 OCEAN AVENUE Presented was Appeal 97- 013 ofPlanrung CommISSIOn Approval ofCondmonal Use PermIt 97-008 to extend for eIghteen months the nghts granted by CondItional Use PermIt 94-012 to allow a I27-space surface parkmg lot to be developed m the RVC DIstrIct at 1828 Ocean Avenue. and the recommendatIon to deny the appeal and uphold the Planmng CommISSIOn's declSlon Apphcant DMP, Inc , dba The PritIkm LongeVIty Center Appellant Hotel Employees Restaurant Employees Local 814 8-B: ORDINANCEIREPLACEMENTt:'JON-CONFORMING ARCHITECTURAL FEATURES Presented was an ordmance for llltroductIOn and first readmg amendmg SectlDn 9 04 18 020( c) to allow the replacement of non-conformmg archItectural features wluch have been removed from any eXlstmg bUlldmg \.VhIch IS deSIgnated as a CIty of Santa MOllIca Landmark or IS hsted on eIther the Cahfonua RegIster of Hlstoncal Resources or the Nanonal RegIster of Hlstonc Places I MotlOn by Councllmember Femstem to hear speakers for Item Nos 7-A. 7-B, and 8-B for three mmutes each. mstead of the two-mmute maxlmum due to the number or chIts turned m The motIOn dIed for lack of a second On order of the Mayor, the pubhc hearmg \vas opened Appellants luhe Lopes-Dad and Sharon Gllpm spoke m support of Appeal 97-012 and m OppOSItIOn to CUP 97-003 Appellant Janel Jones spoke III support of Appeal 97-015 and III Opposltlon to CUP 97-003 Roxanne Auer. representmg appellant Hotel Employees Restaurant Employees Local 814, spoke m support of Appeal 97-013 and m Opposltlon to CUP 97-008 5 October 14. 1997 I I I I 283 George Mlhlsten and \VIllIam Delvac, Latham & \Vatkms. representmg apphcant Edward Thomas Management Company, spoke III support of CUP 97-003 and m opposItIon to Appeals 97-012.97-013. and 97-015 Kevll1 KozaL La\\TenCe & Harding, representmg applIcant DMP, Inc. dba The Prmkm Longevity Center. spoke m support of CUP 97-008 and m oppOSition to Appeal 97-013 The followmg member of the publIc spoke 10 support of CUP 97-003 Barry Sholem The follow"lng members of the pubhc spoke 111 support ofCVP 97-003. CUP 97-008 and the Text Amendment Mark Olson, Ene Parlee, Ken BreIsch, and Kathy Weremmk The follo\\lng members of the public spoke III opposItlOn to CUP 97-003 Stephanie Barbanell and Kevm ~cKeo\"n The follo\-vmg members of the pubhc spoke m support of Appea197-013 Avelmo Alvarez and F ldelino Velasquez On order of the Mayor. the CIty CouncIl recessed at 9 45 pm, and reconvened at 10 14 pill. \nth all members present The followmg members of the publIc spoke III opposltlOU to CLP 97-003 and urged CouncIl to duect staff to conduct a study of the Impact of the proposed project Madelme Jams-AparIcIO and Sally Remman The follo\vl.ng members of the publIc spoke m support of CUP 97-003. CUP 97-008. and the Text Amendment Stacy Ingber. Steven Graves, Joseph Schmdler. Donna Alvarez. Bob GabneL RICk Butler, LOUIse GabneI. Mary Kay HIght. Timothy Brandt. Gordon Olschlager. and Steve Brackett The follmnng members of the pubhc spoke III support of CUP 97-003 and the Text Amendment Douglas Epstem, Carol Heath :vlotlOn by COlmcIlmember Rosenstem. seconded by Mayor Pro Tern Holbrook, to extend the meetmg past 11 00 pill. to complete Item Nos 7-A. 7-B. 8-R and 15 SubstItute motIOn bv Councllmember Genser. seconded by Councllmember Felllstem. to extend - -- the meetmg past 11 00 pm, to complete publIc testimony on Item Nos 7-A, 7-B. and 8-A. and to hear Item No 15. and after conclUSIOn of the publIc testImony to consldenvhether to hear rebuttals and/or delIberatIons The motIOn \-vas approved by VOIce vote. Councllmember Rosenstem opposed 6 October 14. 1997 284 The followmg members ofthe pubhc spoke III OpposItIOn to ClJP 97-003 and urged CouncIl to dIrect staff to conduct a study of the Impact of the proposed project Gary Guffman. VIVIan Rothstem. Frank Angel, Demse KImball, Clarence-Jon HeIsler. Beth Leder-Pack. Jeff GIlbert, Douglas Heller, DaVId Kamper, Susan \Vlute. and Rebecca Mead I Member of the publIc R Wnght expressed rus concerns The followmg members ofthe pubhc spoke 10 support ofCDP 97-003. CUP 97-008, and the Text Amendment Judy Abdo and Martm Ell \VeIl Motion by Councilmember Genser, seconded by Councilmember Feinstein. to hear a late speaker The motIon "vas unammously approved by vOJce vote )..{ember of the pubhc Dennis Zane spoke m OpposltlOn to CUP 97-003 MotlOn by Councllmem1:;ler Greenberg, duly seconded, to close the pubhc hearIng and hear from any appellants who want to be heard thiS evening and contmue the remamder of this item to tomorro,v evemng. October 15. 1997, at 600 pm, at whIch tIme a dIscussIOn WIll be held and a vote taken The motIon was approved by VOIce vote, Councllmembers F e10stem and Genser opposed Councllmember Genser requested that the record reflect that he dIsagrees ''lIth the CouncIl actIOn I and he belIeves that thIS IS an attempt by the CouncIl to reduce the nghts of the appellants of thIS case Councllmember F eIllstem requested that the record reflect that the reason he voted III OppOSItIOn to the motlOn IS because he beheves that the practIcal effect ofthe motIOn IS that there ",,111 not be a full Counell at the meetmg to be held tomorrow evenmg and he does not agree WIth that CouncIlmember Greenberg made a pomt of personal pnvtlege and took exceptIon to the comment ascnbmg malIcIOUS motIves to the motion made and expressed her behef that the appellants are entItled to be heard by counctlmembers who are awake and SaId that by contmumg thIS nem to another day when councIlmembers are lUCId IS not to say that an attempt IS bemg made to depnve the appellants oftheu nghts After some dIscussIOn regardlllg the future avmlablhty of Interested parties. and on order of the :\1ayor. appellant Janel Jones presented a rebuttal The remaInder of thIS Item was contmued to Wednesday. October 15. 1997 at 600 p m 7 October 14. 1997 I I I I 285 8-A: STREET PERFORl\1ERS AND OTHERSIDISPLAYI~G OR DISTRlBlJTI~G !\IERCHANDISE. GOODS. \VRITTEl'\ MATERIALS AND FOOD/OBJECTS ON SIDE\VALKS/SPECIAL ZONES FOR STREET PERFORMERS AND OTHERSrrHIRD STREET PRO~fENADE/ SA.~TA MONICA PIERlFILING FEES FOR PERFORMANCE PERJ\UT The ordmance modIfymg and addmg regulatlons concernmg street performers and persons, mc1udmg vendors, dlsplaymg or dlstnbutmg merchandlse, goods, wTltten matenals and food. or placmg objects on publIc sIdewalks, adoptIOn of two resolutIOns estabhslung specml zones for street performers and persons. mcludmg vendors. utrlIzmg tables, carts, blankets, or sImIlar Items on the Tlurd Street Promenade and The Santa MOnIca PIer, and, adoptIon of a resolution establ1shmg filmg fees for a performance permit was contmued to the meetmg of October 28, 1997 12-A: yIE)tOR~NDU:M OF UNDERSTANDING/MANAGEl\iEi\T TEAM ASSOCIATES The ResolutIOn authonzmg the CIty Manager to execute a Memorandum of Cnderstandmg \VIth the Management Team ASSOcIates (MTA) was contmued to the meetmg of October 28, 1997 14-A: RECONSIDERc-\TIONIDECISIO~/APPEAL 97-001lCL:P 96-023fFAST FOOD RESTAUR>\:'iT/OUTDOOR SEATING/CONVENIENCE STOREI1410 PICO BOULEVARD The request of Mayor Pro Tern Holbrook and CouncIlmember RosensteIn to reconSIder the July 22. 1997, decIsion regardIng appeal 97-001 of Planning CommISSIon approval of CondItIOnal Use PermIt 96-023 to allow the addlbon of a fast-food restaurant v..'1th outdoor seatmg and a convenIence store to an eXIstmg self-servIce gas statIOn located at 1410 PICO Boulevard, relatIve to the eXIstIng 14th Street dnveway was contInued to the meetIng of October 28. 1997 14-B: AUTOl\IATIC VOTING SYSTEM/CITY COU~CIL :\fOTIONS The request of :\-Iayor Pro Tern Holbrook to dIrect staff to purchase and Install. III CounCIl Chambers, an automatIc voting system for City CouncIl motIons was contmued to the meeting of October 28, 1997 14-C: APPOINT.l\1ENTS/BOARDS AND CO~IMISSIONS AppOIntments to varIOUS boards and commISSIOns for terms expmng June 30. 1997, were contInued to the meeting of October 28. 1997 14-D: RESCISSION OF APPOINTMENT/ARCHITECTCRAL REVIEW BOARD The reSCISSIOn of the appomtment made on September 9. 1997. to the ArchItectural ReVIew Board due to the appomtee movmg out of the State was contmued to the meetmg of October 28,1997 15: PUBLIC Il'l"PUT There \vere no speakers 16: CLOSED SESSIO~S' Contlllued to October 28,1997 8 October 14, 1997 286 16-A Public Employee EvaluatIOn - Employee TItle CIty Attorney I 16-B Conference wIth Legal CounseL EXIstmg LItIgatIon. City of Santa MOllIca v. MobIl 011 CorporatIOn. Case No 778141 16-C Conference \';1th Legal CounseL EXIstIng hUgatlOn. Mark !'vllskey v. Cny of Santa :MollIca. Case No CV 97-4325 6- D Conference \vlth Legal Counsel EXIstmg lItIgatIOn. Santa MOnIca Housmg COlIDeIl v Cnv of Santa MOllICa. Case No SS 005191 16-E Conference wIth Legal Counsel EXlstmg LitIgatIOn WIl-Fourth Partnershlp v CIty of Santa MOllIca, Case No BS 045458 16-F Conference Wl1h Legal Counsel EXlstmg LItIganon Charmont Partners, Ltd , v CIty of Santa MOllIca, Case No S5 007397 16-G Conference wIth Labor Negotlator CIty Negonator Karen Bancroft, Personnel DIrector Bargammg Umts \1anagement Team ASSOCIates (MTA) On order of the Mayor. the CIty CounCll recessed at 12 05 am. and reconvened at 630 p ill on I \Vednesday. October 15. 1997. wIth all members present On order of the Ylayor. the CounCIl resumed delIberatIOns on l1ems 7-A, 7-B and 8-B 7-A: APPEALS 97-012 AND 97-015/Cep 97-003ffYPE-47. TYPE-66. TYPE-68 ALCOHOL LICENSESIHOTELI1910 OCEA~ AVENUE 7-B: APPEAL 97-013/CUP 97-008/EXTENSION OF RIGHTS GRANTED BY CUP 94- 012/PARKING LOTIRVC DISTRICT/1828 OCEAN AVENUE 8-B: ORDINANCEIREPLACEMENTINON-CONFO&.'\1ING ARCHITECTURAL FEATURES Appellant JulIe Lopes-Dad presented a rebuttal Roxanne Auer. representmg appellant Hotel Employees Restaurant Employees Local 814, presented a rebuttal George Mlhlsten, Latham & Watkms. representmg applIcant Ed'ward Thomas Management Company. presented a rebuttal 9 October 14, 1997 I I I I 287 DISCUSSIOn ensued as to the tIme aVailable to take actIOn on these Items and possible lengthy questIOnmg of mterested parties and staffby Councllmembers MotIon by Councllmember Greenberg. seconded by Councllmember Ebner, to hmlt questIomng. mcludmg answers, of aU mdlvlduals appeanng before CounCIl. mcludmg staff, to ten mmutes per Councllmember The motlOn '-vas approved by the followmg vote Ayes 1\ oes Absent Councllmembers Greenberg. Rosenstem. Ebner, Mayor Pro Tern Holbrook CouncIlmembers Femstelll, Gensel. Mayor O'Connor None Councllmember Genser requested that the record renect that he strongly dIsagrees ,vIth thIS procedure because It IS mtended to restrIct the flow of lllformatlOn from certam pomts of VIew and try to hmlt the amount of mformatlon that IS sohcIted that mIght be useful many ImgatIOn that may ensue as a result of the potentIal approval of thiS project Kenn KozaL Lawrence & Hardmg, representmg applIcant D~1P, Inc ,dba The PntIkm Longenty Center, presented a rebuttal The :'vlayor closed the pubhc heanng "\lotlon bv Mayor Pro Tern Holbrook. seconded bv Councllrnember Ebner, to deny Appeals 97- 012 and 97-015 and approve CondItIOnal Use PermIt CUP 97-003, \yIth findmgs and condmons. and deny Appeal 97-013 and approve ConditIOnal Use PermIt CUP 97-008 WIth findmgs and condItIons Councllmember Genser mdlcated that he had one more questIOn of staff :\.lotIOll bv CouncIlmember Greenberg. seconded by" CouncIlmember Femstem. to aUo,",v Councllmember Genser tlurty seconds to ask a questIOn of staff The motIon was unanImously approved by VOIce vote On order of the Mayor, the CIty Council recessed at 858 pm. and reconvened at 925 pm. WIth all members present SubstItute motIon bv Councllmemher Gensel. seconded bv CouncIlmember Femstem. to - - bIfurcate the motIon made by Mayor Pro Tern Holbrook and Councllmember Ebner. and consIder Item)Jo 7-B first The motlOn was approved by VOlee vote. CouncIlmembers Ebner and Greenberg, and Mayor Pro Tern Holbrook opposed. MotIon bv Councllmember Femstem. seconded by Councllmember Gensel. to amend the motIOn 10 October 14. 1997 288 and amend COndl1lOn No 28 to provIde an unhmIted number of spaces of free parkmg for those I employees "",ho carpool or partIcIpate III a vanpool ).,10tIOn by CouncIlmember Rosenstem. seconded by CouncIlmember Greenberg, to allow anyone present the opportumty to express essential comments about the workabIlIty of proposed actIOns. hmIted to one mmute each The motIOn was approved by V01ce vote. Councllmember Ebner opposed George ).,l1hlsten, Latham & Watkms, representmg applIcant Edward Thomas Management Company, mdIcated hIS acceptance of the requested amendment to CondItIon No 28, however. he suggested that the condltlon be attached to Item No 7-A The motIOn to amend made by Councllmembers Femstem and Genser \vas unammously approved by VOlce vote :'vlotIOn bv CouncIlmember Femstem. seconded bv CouncIlmember Genser. to amend the motIon to rebate parkmg fees to those employees who do not utIlIze the parkmg faclht), ::Vloillfied motIon by CounCllmember Femstem. accepted as frIendl\' by CouncIl member Genser, to ask the TransportatIOn Management DIrector to approve a plan that can mc1ude both the bus tokens bemg fully subSIdIzed and the rebate of parkmg fees to those employees who do not utIlIze the parkmg faCIlIty The motIOn was approved by VOIce vote. Councilmembers Ebner and I Greenberg. and ~1ayor Pro Tern Holbrook opposed MotIon by CouncIlmember Femstem. seconded by CouncIlmember Genser, to amend the motIOn to ask that the ArchItectural ReVIew Board attempt to the extent pOSSIble, to have the most landscaped space along Ocean Avenue \vnhout losmg any parkmg spaces The motIOn was approved by VOIce vote, Councllmember Greenberg opposed The mam mollon for Item No 7-8. as amended, was approved by the follO\'lng vote Ayes Councllmembers F emstem. Genser, Greenberg, Rosenstem, Ebner. Mayor Pro Tern Holbrook. Mayor O'Connor ~one None ~oes Absent MotIOn bv Councllmember Rosenstein. accepted as fnendly, to amend the ongmal motlOn to clanfy the condItIOn to develop a plan to deal With the parkmg and traffic problems that are caused by the hotel that go beyond the valet parkmg system :'vlotlOn by CouncIlmember Rosenstem. seconded by Councllmember Femstem, to add a 11 October 14. 1997 I I I I 289 COndltlOn of approval that the applIcant \nll subsIdIze the TIde Shuttle m the amount of$50.000 per year After dIScussIon on the eXIstIng TIde Shuttle programs and the process of the matter at hand. CouncIlmember RosensteIn v\'lthdrew hIS motIon MotIOn bv Councllmember Genser. accented as fnendly. to amend the motIOn to Include a - - condmon to provIde an unlImIted number of spaces of free parkmg for those employees who carpool or partIcIpate In a vanpoal, and ask the TransportatIOn Management DIrector to approve a plan that can mclude both the bus tokens bemg fully subsIruzed and the rebate of parkIng fees to those employees \"ho do not utIlIze the parkmg facIlIty rvlotIOn by CouncIlmember Genser. accepted as fnendly, to amend the motIon that a COndItIOn of thIS project be that the applIcant mamtaInS 127 parkmg spaces at a remote SIte SubstItute motIon by Councllmember Genser. second bv CouncIlmember F emsteIn, to request staff to begIn an InItIal study In order to obtam mfonnatIon by "vhlch CouncIl can ratIOnally make a deCISIon related to a senes of findIngs whIch must be made on the project The motIon faIled by the folloWIng vote Ayes Xoes CouncIlmembers FeInsteIn. Genser CouncIlmembers Greenberg, RosensteIn. Ebner. Mayor Pro Tern Holbrook, ~layor O'Connor None Absent The rnam motIOn. as amended. was approved by the folloWIng vote Ayes Councllmembers Ebner. RosensteIn. Greenberg. ~lavor Pro Tern Holbrook. Mavor O'Connor ~ J Councllmembers Genser, FeInstem None Noes Absent .\rlotIon bv CouncIlmember GreenbefQ:. seconded bv CouncIlmember Ebner. to Introduce for first - -- rearung an ordmance entItled ~'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA:\IT A MONICA AME?-.TIING SECTION 9 04 18 020( c) OF THE SA~T A MONICA ivlUl\ICIPAL CODE TO ALLOW THE REPLACEMENT OF NO:\l-CONFOR1vlIXG ARCHITECTCRAL FEATURES W1UCH HAVE BEEN REMOVED FROM AKY EXISTIKG BUILDING WHICH IS DESIGNATED AS A CITY OF SANTA ~vl0NICA LAND.\rlARK OR IS LISTED ON EITHER THE CALIFORNIA REGISTER OF HISTORICAL RESOCRCES OR THE KATIONAL REGISTER OF HISTORIC PLACES:" readmg by tItle only and warymg further readmg thereof 12 October 14. 1997 290 :Mot!on bv Councdmember Gensel. accented as friendly. to amend the motIon to amend the . -- ordmance so that the appellate body to declSlons from the Landmarks CommIssIOn IS the CIty CounCIL and not the Planmng CommISSIon The mam motIon. as amended, was approved by the follo\vmg vote Ayes CouncIlmembers Femstem. Genser, Greenberg, Rosenstem. Ebner. Mayor Pro Tern Holbrook. Mayor O'Connor None None ~oes Absent ADJOL~).fENT On order of the Mayor, at 11 00 pm, the meetmg was adjourned III memory of Emeha Vazquez ATTEST L~~ APPROVED L (1~' .t-i1 c12hA- Pamela 0 'Connor Mayor f Mana M Ste\vart Cny Clerk 13 October 14. 1997 I I I