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M-10/17/1995 I I I 36 CITY OF SANTA lVlONICA CITY COUNCIL MINUTES OCTOBER 17, 1995 An adjourned meetIng of the Santa MOllica City CouncIl was called to order by Mayor Rosenstem at 635 P 1\1, on Tuesday, October 17, 1995, In the CounCIl Chambers Roll Call Present Mayor Paul Rosenstem Mayor Pro Tempore Asha Greenberg Counctlmember Judy Abdo Councllmember Ken Genser (arnved at 640 PM) Councllmember Ruth Ebner Councllmember Robert T Holbrook Councdmember Pamela O'Connor Also Present City Manager John Jahh CIty Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart Councllmember O'Connor led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of Amenca CouncI1member Genser reported present at 6 40 P M 6, CONSENT CALENDAR: Presented was the Consent Calendar, whereby all Items are consIdered and approved m one mOTIon unless removed from the calendar for dISCUSSIOn Members of the publIc Joy Fullmer and Ron Taylor dIscussed Items on the Consent Calendar Councdmember Holbrook moved to approve the Consent Calendar, readmg resolUtlons and ordmances by tItle only and waIvmg further readmg thereof Second by Mayor Pro Tempore Greenberg The motIon was approved by the followmg vote Councd vote Affirmatlve CouncIlmembers GenseL Greenberg, Holbrook, Ebner, O'Connor, Abdo. Mayor Rosenstem 6-A: TEXT At"IENDMENT/HOURS OF OPERATIONIDRIVE-UP 'VINDOWS: Ordmance No 1819(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ~\.1ENDING MUNICIPAL CODE SECTION 9 04 14 090 REGARDING DRlVE-IK, DRIVE-THROUGH, FAST FOOD AND TAKE-OUT REST AlJRANTS, II was adopted on second readmg 1 October 17, 1995 37 6-B: GAl\'1E ARCADES/ALCOHOL A."ND FOOD SERVING ESTABLISHMENTS: Ordmance I No 1820(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANT A MONICA PROHIBITING GAlME ARCADES AND EST ABLISlllNG LIMITATIONS ON THE NU1v1BER OF ALCOHOL A1\TI FOOD SERVING ESTABLISHl\1ENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C DISTRICTS ON A;'{ ~'lERIM BASIS," was adopted on second readmg 6-C: ESTABLISHl\'IENT OF DOl\IESTIC PARTNER REGISTRY: Ordmance No 1821(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 460 TO THE SANTA MONICA 1v1Ul\llCIP AL CODE TO ESTABLISH A DOMESTIC P ARTh'ERSHIP REGISTRY, II was adopted on second readmg 6-D: DOl\fESTIC PARTNERSHIPS: Ordmance No 1822(CCS) entItled IIAN ORDINANCE OF THE CITY COlJNCIL OF THE CITY OF SANTA MONICA AJ\.1ENDIKG SANTA MONICA fvfU:'ITCIP AL CODE SECTIONS 4 40 020 ~ND 4 40 040 TO DELETE PROCEDURAL PROVISIONS RELATING TO DOl\1ESTIC P ARThcRSfllP, TO CLARIFY TRA T CHAPTER 4 40 DOES NOT ESTABLISH LANDLORD-TENANT RELATIONSHIPS, TO ADD A PROVISION REGARDING LANDLORD NOTIFICATION, AND TO l\1'fEND THE PROVISION ON SUBTERFUGE," was adopted on second readmg 6-E: EARTHOUAKE RECOVERY ACT: Ordmance No 1823(CCS) entItled IIAN ORDDJANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA M1ENDING AND REENACTIN"G THE EARTHQUAKE RECOVERY ACT, tI was adopted on second readmg I 6-F: POSTED SPEED LThfiTS: Ordmance No 1824(CCS) entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ylONICA A."ffiNDING SA.l~TA MONICA 1\1IDHCIPAL CODE SECTION 3 12490 TO ESTABLISH POSTED SPEED LlNIITS ON VARIOUS CITY STREET SEG1\1ENTS," was adopted on second readmg 6-G: CO~TINUlNG EXISTE~CE OF A LOCAL EMERGENCY: Resolutwn No 8947(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL Etv1ERGE~CY," was adopted 6-H: SUPPORT/CALIFORNIA LOW-EJ\IISSION AND ZERO-EMISSION VEHICLE PROGRA1\I: ResolutIOn No 8948(CC5) entItled "A RESOLL'lION OF THE CITY COlTNCIL OF THE CITY OF SANTA MO),[lCA IN SUPPORT OF THE CALIFORI'\"IA LO\V-E1-IISSION ANl) ZERO-EMISSION VEHICLE (LEV/ZEV) PROGRMl, II was adopted 6-1: CANCEL REGULAR CITY COUNCIL .MEETING/OCTOBER 24. 1995/HOLD ADJOUR'lED REGULAR CITY COUNCIL l\1EETINGINOVEl\tffiER 7. 1995: The recommendation to cancel the regular City CounCIl meeting of October 24, 1995, and hold an adjourned regular CIty CouncIl rneetmg on November 7. 1995, was approved I 2 October 17, 1995 I I I 38 6-J: AGREElVIENT/SCHEIVIATIC DESIGN DOCUl\'IENTSIPREL.Il\UNARY CONSTRUCTION COST ESlThLL\ TE/DE~10LmON & REPLACE:!\'lENT/FIRE STATION #2: Contract No 7168(CCS) was approved With MorphosiS and Wolf/Lang/Chnstopher ArchItects, Inc 10 an amount not to exceed $78,000 for the preparatiOn of schematic design documents and prelimmary constructiOn cost estimate for the demolition and replacement of Fire StatiOn #2 6-K: A\VARD OF CONTRACT/CITY\VIDE ROOF REPAIRlREPLACEl\'lENT PROJECT/CONTRACT I: Contract 1\0 7169(CC5) was awarded to Scholten Roof Service Company m the amount of $276.520 for the Citywide Roof Repalf/Replacement PrOject - Contract I at vanous City faclhties 6-L: A\VARD OF CONTRACT/CITY\VIDE ROOF REPAIRlREPLACE.i\IENT PROJECT/CONTR~CT II: Contract No 7170(CC5) was awarded to Leo Lee Inc, dba Allstate Roofmg Co. m the amount of $248.978 for the CItywide Roof Repair/Replacement Project - Contract II at vanous City facihues END OF COKSENT CALENTIAR 8-A: INDUSTRIAL \VASTE\V ATER CONTROL: Presented was an ordInance for IntroductiOn and first readIng amending Santa Momca Mumcipal Code Chapter 5 20 concernmg Industnal wastewater control Mayor RosensteIn opened the meetIng for public comment ~1ember of the pubhc Joy Fullmer expressed her concerns rvlayor Rosenstem closed the meetIng for public comment Mayor Pro Tempore Greenberg: moved to mtroduce for first readmg an ordmance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA r...l0NICA A..cMENDING CHAPTER 520 OF THE SANTA MONICA MUN1CIPAL CODE CONCERNING INDUSTRIAL \VASTEWATERCONTROL," readmg by title only and waivmg further readmg thereof Second by CounC11member Ebner The motlon was approved by the followmg vote Council vote Affirmative Councilmembers Abdo, O'Connor, Ebner, Holbrook Greenberg, GenseL Mayor Rosenstem 8-B: DEFINITIONS/ADJUSTMENTS: Presented was an ordmance for Introduction and first readmg arnendmg Santa J\.fomca Mumclpal Code SectlOn 9 04 02 030 regardmg defimtlOns, and Section 9 042034 030 regardmg adjustments Counctl asked questiOns of staff Mayor Rosenstem opened the meetmg for pubhc comment Member of the pubhc Joy Fullmer e"lCpressed her concerns Mayor Rosenstem closed the meetmg for public comment CounCil asked questiOns of staff CounCllmember Genser moved to mtroduce for first readmg an ordmance entitled "AN ORDIKANCE OF THE CITY COlJNCIL OF THE CITY OF SAi'JT A "\10NICA AlviENDING ZONIKG ORDINANCE SECTION 9 04 02 030 REGARDING DEFINITIONS, AND SECTION 9 04 20 34 030 REGARDING ADJUST!vlENTS, II amended to mclude the followmg techmcala 3 October 17, 1995 39 changes 1) delete the word "enclosure" from the last sentence of the defimtIOn of Accessory LIvmg I Quarters, 2) defimtlOn ofFmlshed FlfSt Floor amended to read II (3) feet above the average natural grade, ,II 3) defirutlOn of Garage, SemI-Subterranean amended to read II (3) feet above the average natural grade, ," and 4) defmrtIOn of Mobllehome Park amended to read "one (1) or more traIlers or coache~ In use for long-term human habItatIOn 'I Second by Councllmember O'Connor The motIon was approved by the followlllg vote Councd vote Affirmative CouncIlmembers Genser, Greenberg, Holbrook, Ebner, O'Connor. Abdo, Mayor Rosenstem Mayor Pro Tempore Greenberg moved to dIrect staff to return WIth mformatIon regardmg the "boardmghouse" defimtlOn and what possIble Issues or problems may anse because of the constructIon of the defimtlOn Second by CouncIlmember Ebner DISCUSSIon was held The motion was unammously approved CouncIlmember Ebner was excused at 7 18 P m 8-C: DEED RESTRICTIONS: Presented was an ordmance for llltroductlon and first readmg amendmg Santa Momca MUnICIpal Code ~ArtIcle IX to reqmre deed restnctIons for certam projects 1ll commerCial dlstncts WhICh receIve a denSIty or heIght bonus CounCIl asked questIons of staff Mayor Rosenstem declared the publIc hearmg open Member of the pubhc Joy Fullmer expressed her concerns Mayor Rosenstem closed the pubhc hearmg I Mayor Pro Tempore Greenberg moved to mtroduce for first readmg an ordmance entItled IIAN ORDINAI'\CE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING i\RTICLE IX OF THE l\fUNICIP AL CODE TO REQUIRE DEED RESTRICTIONS FOR CER T AIN PROJECTS IN COf\.ll\:1ERCIAL DISTRICTS W111CH RECEIVE A DENSITY OR HEIGHT BONUS," readmg by tItle only and wmvmg further readmg thereof Second by CounCllmember Abdo The motIon was approved by the followmg vote CounCIl vote AffirmatIve Councllmembers Abdo, O'Connor, Holbrook, Greenberg, Genser, Mayor Rosenstem Absent CouncIlmember Ebner Councllmember Ebner returned at 7 21 P M 8-D: ENHANCED SUPPLEMENTAL FIRE SAFETY AND PREVENTION REOUIRE;\iIENTS (FIRE SPRINKLERS): Presented was an ordmance for mtroductIon and first readmg amendmg Santa MOnIca Mumclpal Code SectIOn 8 04 120 relatmg to enhanced supplemental fire safety and preventIOn reqUIrements (fire spnnklers) to mc1ude all new constructIon CounCIl asked questIOns of staff Mayor Rosenstem declared the meetmg open for publIc comment Member of the publIc Joy Fullmer expressed her concerns Mayor Rosenstem I closed publtc comment 4 October 17, 1995 I I I 40 Councilmember Holbrook moved to Introduce for first readIng an ordmance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA A!\1ENDING SAA'TA M01\TJCA MUNICIPAL CODE SECTION 804 120 RELATING TO SUPPLE1\1ENTAL FIRE SAFETY AND PREVENTION REQUIREtv1ENTS, II With DlvlSlon 3 01 (d) amended to read as follows "The FIre ChIef and BUIldmg OffiCIal are authorIzed to promulgate standards regardIng the mstallatIOn and type of automatIc fire spnnkler systems reqUIred by thiS DIVISIOn," and With the understandIng that the language and date references throughout the ordInance Will conform, readIng by tItle only and walvmg further readmg thereof Second by Councdmember O'Connor The motIon was approved by the followmg vote Councd vote AffirmatIve Councdmembers Genser, Greenberg, Holbrook, Ebner, O'Connor. Abdo, Mayor Rosenstem 9-A: CLOSED SESSION: Held at end of meetmg II-A: EXPANSION OF ME~mERSHIP/SOCIAL SERVICES COM~IISSION: Presented was the recommendatIon to c{)nslder the Socml ServIces CommISSIOn's request to dIrect the City Attorney to prepare an ordmance amendmg Santa MODlca MUDlclpal Code Secnon 260020 expandmg the membership of the Socral SerVIces CommISSIOn from seven to mne members DISCUSSIOn was held Mayor Pro Tempore Greenberg moved to contmue thIS Item to the next meetmg Second by CouncIlmember Ebner DISCUSSIon was held Councllmember Genser moved a substitute motIon to dIrect the CIty Attorney to draft an ordmance amendmg SectiOn 2 60 020 of the Santa MOllIca MUlllClpal Code to mcrease the number of members on the SOCIal ServIces CommISSIOn from seven to nme members, schedule thIS Item as soon as pOSSIble for dISCUSSIon and publIc comment. and ask staff to request that an appropnate number of delegates from the CommISSIon be m attendance at the meetltlg m order to answer questIOns Second by Councllmember Abdo CouncIl asked questions of staff The motIOn was approved by the followmg vote Council vote Affirmative CouncIlmembers Genser, Holbrook O'Connor, Abdo, Mayor Rosenstem NegatIve Councllmembers Greenberg, Ebner 14-A: APPOINTMENTS OF l\IE!VIBERS/BOARDS AND COl\'IMISSIONS: Mayor Rosenstem announced that the floor would conSIder nommatIOns to the RecreatIOn & Parks CommISSIon ~ayor Pro Tempore Greenberg nomInated NeIl Carrey CouncIlmember O'Connor nom mated Susan Henderson CouncIlmember Holbrook nommated Beth Kaplan There bemg no further nominatIOns, nommatIOns were closed DISCUSSIOn was held All nOmInatIOns were WIthdrawn and there bemg no obJectIOns, the appoIntments of members to the RecreatIOn & Parks CommISSIon and the Bayslde Dlstnct CorporatiOn were contIllued to the meetmg of November 7. 1995 5 October 17. 1995 41 14-B: PROUffiITION/JUVENILES LOITERING IN PUBLIC PLACES TO AVOID I OBLIGATION OF ATTENDING SCHOOL: Presented was the request of Mayor Rosenstem for Council to dISCUSS dIrectmg the City Attorney to prepare an ordmance to prorubIt Juvemles from 100tenng In public places for the purpose of aVOIdIng theIr obbgatIOn to attend school Mayor RosensteIn moved to dIrect the City Attorney to prepare an analySiS relative to the need of an ordmance prohibitmg Juvemles from 100tenng m public places for the purpose of aVOldmg their obligation to attend school DiSCUSSion was held The motIOn was seconded by CounCllmember Ebner and unammously approved 15; PUBLIC INPUT: Member of the publIc Joy Fullmer expressed her concerns on varlOUS issues 9-A: CLOSED SESSION: At 8 30 P ~1 , Council adjourned to Closed SesslOn for conference With Legal Counsel The City Attorney announced that a potential litigatlOn issue had arisen after preparatIOn of the agenda and reqmred diSCUSSIOn by the City Council, wlth no actIOn taken EXistmg lItigatIOn 1 Len Doucette. et al v City of Santa Momca. et ai, USDC No CV~95 1136 \VDK (MCX), 1 One case of potential lItigatiOn I Anticlpated lltlgatlOn Held No actlOn taken InformatiOn only PublIc Employee EvaluatiOn Title Clty Attorney CIty ManalZer - ~ At II 50 PM, Council reconvened with all members present ADJOURNJ\'1ENT: At 11 50 P 1\1 , the meetmg was adjourned to November 7, 1995, at 6 30 PM, In memory of Michael Heisley ATTEST APPROVED ~~~ ;JJ~ Mana M Stewart Cay Clerk Paul Rosenstem Mayor I 6 October 17, 1995