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M-4/15/1997 84 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 15, 1997 An adjourned regular meetIng of the Santa MOllica City Council \vas called to order by ylayor O'Connor at 6 41 pm. on Tuesday. Apn115, 1997, ill the Councll Chambers Roll Call :\1ayor Pamela O'Connor Yfayor Pro Tern Robert T Holbrook CouncIlmember Ruth Ebner CounCllmember Michael FeInsteIn Councllmember Ken Genser Councllmember Asha Greenberg Councllmember Paul RosensteIn Present Also Present CIty Manager John Jahh CIty Attorney Marsha Jones Moutne CIty Clerk Mana Nt Stewart Counctlmember Ebner led the assemblage In the Pledge of AllegIance to the Flag of the Umted States of Amenca INSPIRATION A moment ofmsplratlOn "\vas provIded by Aaron Coles, a 10th grade student at St MOllIca-s High SchooL \vho recIted a poem he authored 4-A: PROCLAlVlATIONINA TIONAL TAKE OUR DAUGHTERS TO WORK DA YI APRIL 24.1997 :Yfayor O'Connor presented a proclamatIOn dec1anng Apn124, 1997. as --Natlonal Take Our Daughters to Work Day'- ill the City of Santa Maruca 6. CONSENT CALENDAR The Consent Calendar \vas presented. whereby all Items are consIdered and approved In one motIon unless removed from the calendar for discussIOn Members of the pubhc Joey Fullmer and Kora Houseplan addressed Items on the Consent Calendar Mayor O'Connor announced that \"hIle the staffreport for Item ~o 6-B IS correct, there IS a typographIcal error m the amount on the prmted agenda Apn115, 1997 I I I I I I 85 At the request of Councilmember Genser Item No 6-B \\'as removed from the Consent Calendar At the request of Councllmember Femstem Item No 6-E was removed from the Consent Calendar MotIon by :VIayor Pro Tern Holbrook. seconded by CouncIlmember Femstem. to approve the Consent Calendar, notmg an agenda correctIOn on Item ~o 6-B and \VIth the exceptIOn ofItem Nos 6-B and 6-E, readmg resolutIOns and ordmances by tItle only and Walvmg further readmg thereof The motIOn was approved by the followmg vote Ayes CouncIlmembers Ebner. Rosenstem. Greenberg, Genser, Femstein. Mayor Pro Tern Holbrook. Mayor O'Connor None None ~oes Absent 6-A: PROFESSIONAL SERVICES AGREE:;\.lE~TIDESIGN RE~OV ATIO~S/COUl'\CIL CHA:VIBER Contract No 6647(CCS) \vas approved. III the amount of$52.000, \-yith Gruen ASSocIates to deSIgn renovatlOns to the Clt)' Hall CouncIl Chamber and an mcrease to the contract \vas authonzed for an amount up to 20%. If necessary 6-C: A \V ARD OF CON"TR.-\CT IREP AIR OF EARTHQUAKE DAMAGED STREET LIGHTSIBROAD\V A Y Contract No 6649(CCS) ,vas awarded to Paul Gardner CorporatlOn. III the amount of$434.736. for repan of earthquake damaged street lIghts on Broadway 6-D: PROFESSIONAL SERVICES CONTRACTIROMA DESIGN GROUP! LANDSCAPE/ARCHITECTURAL SERVICES/PLlJLIC SAFETY BUILDING SCHEMATIC DESIGN Contract 1\0 6650(CCS) was approved wnh RO~lA DeSIgn Group. m an amount not to exceed 549,800. for landscape and arclutectural Sef\'ICeS for the PublIc Safety BUIldmg schematIc deSIgn E~TI OF CONSE~T CALENDAR 6-"8: A \V ARD OF CO~TRACT /REPLACEMENT OF FLOORS/CIVIC AUDITORIUM LOBBYIUPPER CONCOL'RSE CouncIlmember Genser adVIsed that he removed thIS nem due to the publIc tesumony and asked questIOns of staff regardmg same Staff responded to the questIOns MotIOn by Councdmember Gensel. seconded by Councdmember Greenberg:. to approve Contract No 6648(CCS) w11h Des/Mar Constructlon, m the corrected amount of 5279.000 (and not 5339000), to replace CiVIC AudItonum Lobby and Upper Concourse floors The motIOn \vas approved by the follow1ng vote 2 Apn115. 1997 86 Ayes Councllmembers Ebner, Rosenstem, Greenberg, Genser, Femstem. ~fayor Pro Tem Holbrook. I\'fayor O'Connor Kone None ).foes Absent 6-E: SALE OF OLD CITY STREET NAME SIGNS Councllmember F emstem dIscussed the pOSSIbIlIty of gIvmg resIdents lIvmg on a certam street pnonty for the purchase ofthe street sIgns for theIr streets as much as possIble CouncIlmember Ebner was excused at 7 06 p m ).,1otlon by Councllmember Femstem. seconded by Councllmember Genser, to adopt ResolutIon No 9136(CCS) entItled "A RESOLUTIO)I OF THE CITY COlJ~CIL OF THE CITY OF SANTA MONICA AUTHORIZIXG THE SALE OF OLD STREET Ni\-,vfE SIGNS TO THE PUBLIC AKD ESTABLISHING THE PURCHASE PRICE:' amended to mclude glvmg pnonty to resIdents who lIve on the specIfic street \\'1thm the first 1\\'0 weeks of the sale pen ad. readmg by tItle only and WaIvmg further readmg thereof The motIon was approved by the followmg vote Ayes Councllmembers Rosenstem. Greenberg, Genser. F emstem, :\fayor Pro Tern Holbrook, Mayor O'Connor ).fane CouncIlmember Ebner Noes Absent 8-A: ORDINANCE/OFFICIAL DISTRICTING MAP The ordmance was presented for second readmg and adoption MotIon by CouncIlmember Greenberg, seconded by Mayor Pro Tem Holbrook, to adopt OrdInance No 1876(CCS) entitled "A_l\T ORDI~ANCE OF THE CITY COL~CIL OF THE CITY OF SANT A MO~ICA AMENDING THE OFFICIAL DISTRICTING MAP TO REZOKE 1544 NIKETEENTH STREET FROM R2 TO R2A," readmg by tItle only and WaiVIng turther readIng thereof The motion was approved by the following vote Ayes Councllmembers Femstem, Greenberg, Rosenstelll. Mayor Pro Tern Holbrook COlmcIlmember Genser. Mayor O'Connor CouncIlmember Ebner Noes Absent ,.., j Apnl 15, 1997 I I I I I I 87 8-B: ORDIXANCEIROOFTOP PARKING The ordmance was presented for second readmg and adoptIon MOHon by Councllmember Greenberg. seconded bv Mayor Pro Tern Holbrook. to adopt Ordmance 1'0 I 877(CCS) entItled "AN ORDI~ANCE OF THE CITY COL~CIL OF THE CITY OF SANTA MOXICA AMENDING ZONING ORDI:\A- 'l"CE SECTIOKS 90408 18040.90408 18050. A1\D 9 04 08 18060 TO ALLOW ROOFTOP PARKIKG ON PARCELS DIRECTLY ABeTTING OR SEPARATED BY A1\ ALLEY FROM A RESIDENTIAL ZONE IN THE C-3 ZO~ING DISTRICT:" readmg by tItle only and \Yalvmg further readmg thereof The motIOn was approved by the foIlovvmg vote Ayes Councllmembers Femstem. Genser. Greenberg, Mayor Pro Tern Holbrook. Mayor O' Connor Councllmember Rosenstem None Councllmember Ebner Abstam Noes Absent 9-A: A:\IEND:VIE~TINUISANCE ABATEMENT ORDINANCE Presented was the staff report recommendmg dIrectIOn to staff to prepare an ordmance to amend the Clty'S Nmsance Abatement Ordmance to authonze the Nmsance Abatement Board to Impose condItIOns and restnctlQns on busmesses WhICh are found to operate as nmsances and to establIsh a specml procedure for the abatement and removal of certam vehIcles, conSIstent WIth State law Councllmemher Ebner retullled to the dlaS at 7 12 P m On order of the tvlayor. the publIc hearmg was opened :\tlember of the publIc Joey Fullmer expressed her concerns There bemg no other speakers. the Mayor closed the publIc hearmg ~loHon bv CouncIl member Greenbem. seconded bv Councllmember Genser. to dIrect staff to - . prepare an ordmance 'whlch ,\'ould amend the ~Ulsance Abatement Ordmance to explIcItly authonze the Nmsance Abatement Board to llnpose condItIOns and restnctlOns on busmesses \VhlCh are found to operate as nmsances and to estabhsh a speCial procedure for the abatement and removal of vehIcles conSIstent WIth State law The motIon ,vas approved by the follmnng vote Ayes: Councllmembers Ebner. Rosenstem, Greenberg. Genser. Femstem. :Y1ayor Pro Tern Holbrook. Mayor O'Connor None None Noes Absent 4 Apn115.1997 88 10-A: DR-\FT 1998-2003 HOUSI~G ELEME~T Presented was the contmued pubhc hearmg I on the Draft 1998-2003 Housmg Element, adoptiOn In concept the Draft Housmg Element. dlfeC1l0n to staffto transmit the document to the State Department of Housmg and CommunIty Development. dIrectIOn to staff to begm preparatiOn ofthe draft Envlforunental Impact Report, and dIreCtIOn to staff to prepare ImplementatIOn ordmances for two key polIcy Issues On order of the :\rlayor. the pubhc heanng was opened There bemg no one wlshmg to speak who had not already spoken on tlus Item at prevIOus meetmgs. the Mayor closed the pubhc heanng Mam motIon by CouncIlmember Genser. seconded by CounCllmember Femstem. to approve the comprehenSIve set of recommendatIOns made by staff over the last several weeks as outlmed m the staff report. subject to the follow1ng amendments. as agreed upon by CouncIl YlotIon by CouncIlmember GenseL seconded by Mavor O'COlmor. to re-word the tltle of Goal . . . } 0 to ehmmate the oxymoron of Promote the ConstructIOn of~e\v Housmg Through Regulatory Mechamsms to the extent pOSSIble After dIScussIon on how to vote for the amendments. It \vas the consensus of CouncIl that no vote will be taken on proposed amendments unless there IS an obJectIon, othenvlse the amendments \VIll be construed as ffIendly I MotIon by CounCllmember Genser. seconded bv CouncIlmember Femstem. to amend the motIon . . to modIfY Pohcy } 7 (Page V -9). as recommended by the Plannmg CommissIOn. to read "~vlmntam development standards that ensure that the development of new housmg m reSIdentIal neighborhoods IS deSIgned to fit WIthin the eXlstmg neighborhood context" The motIon was approved by VOIce vote wnh CouncIlmembers Ebner and Greenberg opposed \:lotlOn by CouncIlmember Ebner to amend the motion to modify the language of Goal 1 O. Program 1 a. to read as follows "Modify the rene\v procedures for condommmms from a ConditIOnal Use PermIt to another deSign rene\\' procedure .. Plannmg DIrector, Suzanne FrIck, explamed the mtent of the sectIOn, as recommended DISCUSSIOn ensued as to the apphcabIhty of the standards to condominIums "versus apartment bmldmgs MotIOn by Councllmember Greenberg to amend the motIOn to modIfy the language of Goal 1 O. Program} a, to read as follows '-ModIfy the review procedures for condomImums to brmg them mto contanmty. as much as legally feaSIble. to the standard~ of apartment bmldmgs ., 5 AprIl}5,1997 I I I I 89 I\'Iotlon bv CouncIlmember Genser to amend CouncIlmember Greenberg's amendment. above. to modIfy the language of Goal 1 O. Program 1 a. to read as follo\vs 'ElImmate the condltlonal use permIt procedure and evaluate other procedures whIch achIeve an appropnate level of deSIgn reVIew, project compatIbIlIty. mcludmg reVIew ofthe physlcallocanon. SIze and massmg of the structure(s). and pubhc Improvements, to ensure that the project IS companble and mtegrates wnh and relates harmomousJy to surroundmg SItes and neIghborhoods .' MotIon by CouncIlmember Greenberg to amend the motIon to modIfy Program 1 a. 1998-2003 ActIOn Plan (Page V -9) to modIfy language so that It now reads "Penodlcally reVIew and, after consultatIOn \vlth local experts. mcludmg archItects. where necessary, reVIse planmng. zomng and development regulatlons. assessments. and tees .. The amendment ""as accepted as fnendly ~IotlOn by C ounctlmember Gensel. to amend Goal 1 O. Program 1 a. by addIng n to ensure that. m the examples gIven. there IS no parkIng dismcentIve for proVIdmg large famIly unIts and conSIder haVIng dlffenng parkmg standards to address dIfferIng neIghborhood condmons" The amendment was accepted as fnendly ~lonon by Counctlmember Rosenstem to evaluate parkmg standards for affordable housmg to ensure that they are reasonable The amendment was accepted as irlendly Ylonon by Counctlmember Greenberg. duly seconded, to dIrect staffto begm the process to modIfy the zomng ordmance to permIt eXlstmg non-conformmg multI-famIly reSIdentIal developments that are destroyed due to fire, earthquake, or other natural dIsaster to be replaced m-kmd m order to prevent the loss of dwellmg umts m the CIty The motIon \vas approved by VOIce vote On order of the Mayor, the CIty CounCIl recessed at 8 58 pm. and reconvened at 929 pill. vVlth all members present :\10tlOn bv Counctlmember Genser to amend Goal 20 to add Pohcy 28. the concept of whIch would be that the CIty would work WIth the non-profit commumty to assure that the capaCIty to develop affordable housmg projects on an ongomg baSIS IS mamtamed m thIS communIty The amendment 'vas accepted as fnendly Monon by CouncIlmember F emstem to add a program to explore and evaluate energy efficlenct deSIgn for 10\\>" and very low mcome uruts to reduce hVIllg costs The amendment was accepted as ffIendly MotIOn by Councllmember Genser to change the last sentence ofthe mtroductory paragraph of Goal 2 O. Program 2 a, to read "Changes to be conSIdered. III addItIOn to the expanSIOn of the m-heu fee optIOn. ,\111 mclude .. The amendment was accepted as fnendly 6 Apnl15, 1997 90 MotIOn bv Councllmember Genser to amend Goal 2 0, Program 2 a, and add to the hst of proposed amendments to the InelusIOnary Housmg Program to consIder modIfymg the fee structure to encourage housmg development m targeted areas of the City The amendment ,vas accepted as fnendly I :vlotlon bv CouncIlmember Genser to amend Goal 2 0, Program 2 b. and add language to mclude the concepts of 1) bemg consistent 'vlth mamtammg neighborhood character. 2) consider haYIng neIghborhood-specrfic standards for specIfic neighborhood conditIOns The amendment "vas accepted as frIendly )"lotIOn bv CounCllmember Genser to amend Goal 2 O. Program 2 c. to add a bullet reading "\\Tork \VIth local non-profit agencies to assure local capacIty to develop affordable housmg on an ongomg basIs" The amendment \-vas accepted as fnendly I'vlotIOn bv Councllmember Genser. duly seconded. to amend Goal 2 O. Program 2 d. by addmg language as follows 'To the extent feaSible. unhze addItIOnal non-hOUSIng redevelopment funds to supplement the annual 20% set-asIde reqUIrement for ehglble housmg acqulSltlOn. rehabIlItatIOn. and constructIOn purposes"' The motlOr. was approved by vOIce vote With Councllmembers Ebner and Greenberg opposed Monon bv CouncIlmember Genser. dulv seconded. to amend the motIon to add a bullet to Goal - - 2 O. Program 2 f. as follows "ConSIder purchasmg land for future development of affordable housmg" The motIon was approved by vOIce vote. Councllmember Ebner opposed I Motion by CouncIlmember Genser. seconded by Councllmember Femstem, to mclude a concept man appropnate sectIOn ofthe HOUSIng Element to look for opportumtles to allmv the development of lIve-work space mcludmg artist studIOS The motIOn was approved by vOIce vote MotIOn bv Councllmember Genser to amend Goal 2 0, Program 2 h. to mclude wordmg at the end of the last bullet as follO\v5 .. ,mcludmg the proVISIOn of outdoor play areas m developments for children" The amendment "vas accepted as fnendly "Ylotlon bv Councllmember Genser to amend Goal 3 0, Program 3 a, to mc1ude a ne,,,, bullet. the concept of which beIng, "In conjunctIOn '\lth the Rent Control Board. conSIder plaCIng any needed Charter modificatIOns before the voters" The amendment was accepted as fnendly \-'lotIon by Councllmember Genser to amend Goal 3 O. Program 3 c. to add a bullet as follows "Renew current laws and recommend any needed modificatIOns to protect tenants to the maximum extent feasIble" The amendment was accepted as fnendly 7 Apnl 15. 1997 I I I I 91 MotIon bv COUllcIlmember Genser to amend Goal 4 O. Program 4 a. to mclude an addltlOnal posslblhty for program mclusIOn as follO\\'s "Provldmg rehablbtatIon assIstance m COnjUllctlOn \Vlth mcentlves for O\\ners to dedIcate and contractually restnct umts for low mcome and/or SectIOn 8 tenants" The amendment was accepted as fnendly 1\'lot1On bv Councllmember Femstem to amend Goal 4 0, Program 4 b. to explore the feasIbIlIty of promotmg retrofits related to energy effiCIency to mcrease affordabIhty for the lowest mcome groups The motIon was accepted as frIendly :\II011On bv CouncIlmember Genser to amend Goal 4 0, Program 4 e, to educate the constructlon mdustry m the CIty and tram enforcement personnel to ensure safe constructIOn SItes The amendment was accepted as fnendly "\lotlOn by CouncIlmember Genser to amend Goal 5 0, Program 5 d. to add a bullet as follows "Renew eXlstmg regulatlOns and ordmances and recommend potentIal changes If mdlcated .. The amendment was accepted as fnendly MotIon by Councllmember Rosenstem. duly seconded, to have the CIty and the Rent Control Board renew the Category C removal process to examme the Issue \-"here the redevelopment process somewhat forces O\'vTIers to buIld condommIUms mstead of apartments The motlQn ,vas approved by VOIce vote. Councllmernbers Femstem and Genser, and Mayor O'Connor opposed CouncIlmember Genser requested a roll call vote on the above motIon. the results of whIch are as follows Aves ":'J oes Absent Councllmembers Greenberg. RosensteIn. Ebner. Mayor Pro Tern Holbrook CouncIlmembers Femstem. Genser, 1.-1ayor O'Connor Kone The mam monon, to approve the recommended changes by staff, as outlIned m the staff report. and as modIfied by the CIty CouncIl The motion \-vas approved by the follOWIng vote Ayes CouncIlmembers Femstem, Gensel. Greenberg, Rosenstem, Ebner. :'vlayor Pro Tern Holbrook, Mayor O'Connor None None Noes Absent MotIon by CouncIlmember Greenberg, seconded by CouncIlmember FeInstem, to adopt m concept the Draft Housmg Element Ayes Councllmembers Ebner. Rosenstem. Greenberg. Genser. Femstem. 8 Apnl15,1997 Noes Absent 92 Mayor Pro Tern Holbrook. Mayor O'Connor None None I MotIon bv Councllmember Greenberg. seconded by Councllmember Femstem. to dHect staff to transmIt the document to the State Department of Housmg and Conunumty Development The motIon was approved by the followmg vote Ayes )Toes Absent Councllmembers Femstem. Genser. Greenberg, Rosenstem. Ebner, Mayor Pro Tern Holbrook. :Ylayor O'Connor Kane Kane MotIon by CouncIlmember Greenberg, seconded by Councllmember F emstem. to dHect staff to begm preparatIon of the draft Ennronmental Impact Report The motlon ,vas approved by the followmg vote Ayes )Toes Absent Councllmembers Ebner. Greenberg. Genser, Femstem. Mayor O'Connor Councllmember Rosenstem. Mayor Pro Tem Holbrook Kone Councllmember Rosenstem requested that the record reflect that he voted '"no" on the above I motIon because he feels that It would be a waste of money to study a document that at thIS pomt IS so vague as to be VIrtually meamngless MotIon by CouncIlmember Greenberg, seconded by ~layor Pro Tem Holbrook, to dIrect staffto prepare the necessary implementatIOn ordmances related to the mcluslOnary housmg pohcIes and reVIsed development standards The motlOn was approved by the follm'>'lng vote Ayes Noes Absent Councdmembers Femstem. Genser, Greenberg, Rosenstem. Ebner. Mayor Pro Tern Holbrook. y!ayor O'Connor None None 12-A: ),JOUIFIREFIGHTERS LOCAL 1109 The ResolutIOn authonzmg the CIty fvIanager to execute a :vlemorandum ofCnderstandmg with the Firefighters Local 1109 was not heard 12-8: EXECUTIVE PAY PLAN No actlOn was taken on the ResolutlOn authonzmg the City f\'fanager to amend ResolutIOn No 8293 WhiCh estabhshed the ExecutIve Pay Plan 13-A: HY\VEL SIMSfLEAFBLO\VERS Presented was the request ofHywel SIms, DIrector 9 Apnl15. 1997 I I I I 93 of Santa MOllica AIDS Project. to address the City Council regardmg illegal use of leatblmvers m the Cny and the health nsk to resIdents. partIcularly to those \VIlh a catastrophIc Illness Member of the pubhc Bnan Hutchmgs spoke m support ofbanmng the use ofleafblo\vers III the Cny ~10tlOn by CouncIlrnember Femstem, seconded by CouncIlmember GenseL to contmue the meetmg past 11 pm The motion was approved by VOlce vote. Mayor Pro Tern Holbrook opposed The mformatIOn \vas receIved and filed 15: PUBLIC INPUT Member of the pubhc Bnan Hutchmgs dIscussed penSIOns CounCllmember Femstem, speakmg on behalf of the co-chaIrS of the Santa MOllica Cluld Care Task Force. mvned CouncIl to a forum on chIld care at the Ken Edwards Center on Apnl23rd bet\veen 5 pm and 630 P rn 16: CLOSED SESSION At II 04 pm, CounCIl adjourned to Closed SeSSlOn 16-1\: CLOSED SESSION/CONFERENCE 'VITO LABOR ;:\,EGOTIA TOR CIty Negotiator Bargammg Umts Karen Bancroft, Personnel DIrector FIrefighters local 1109 ExecutIve Pay Plan (EPP) ACTIOK ExecutIve Pay Plan (EPP) K 0 actIon taken FIrefighters local 1109 Kat heard 16-B: CLOSED SESSION/CONFERENCE 'VITO LEGAL COUNSEL EXIstmg LItIgatIOn Cny of Santa MOllIca v IVlobIl OIl CorporatIOn et al , Case No. SC 045788 ACTION Not heard 16-C: CLOSED SESSION/CONFERENCE \VITH LEGAL COrNSEL 10 Apn115,1997 94 EXIstmg LItIgatIOn Santa Momca Housmg CouncIl v CIty of Santa ylomca. Case Xo SS55l9l ACTION Not heard 16-D: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL EXIstmg LItIgatIon Kamal v Cny of Santa Momca, Case No CV 95-1025 ACTIO~ ~ot heard 16-E: CLOSED SESSION/CONFERE~CE WITH LEGAL COUNSEL AntICIpated LItIgatIOn Numberofcases Two ACTIO?\' Not heard ADJOURNMENT At 11 45 am. the meetmg was adjourned to Apnl 29, 1997 ATTEST APPROVED l ""--f:;'i11 C~<}-tl--- Pamela O'Connor Mayor \... ~~ :~o.J Mana :'1,'1 Stewart Clly Clerk : I Apn115.1997 I I I