Loading...
M-12/7/1999 (2) 1094 CITY OF SANTA MONICA I CITY COUNCIL MINUTES DECEMBER 7,1999 A regular meetmg of the Santa MOllica City Council was called to order by Mayor O'Connor at 6:25 pm., on Tuesday. December 7, ] 999. at City Council Chambers, ]685 Mam Street. Roll Call: Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser Councilinember Richard Bloom Councilinember Michael Feinstein Councilinember Robert T Holbrook Councdmember Kevin McKeo""n Councilinember Paul Rosenstem Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie City Clerk Mana M. Stewart CLOSED SESSIONS CLOSED SESSIONS. On order of the Mayor, the City CouncIl convened I at 6 25 pm, and then adjourned to consider closed sesslOns Action taken on closed seSSlOns was reported at the close of the meetmg. L"NSPIRA nON A moment of insprratlOll was prOVIded by the Santa MOllica Alternative Schoolhouse Holiday Smgers. RECOJ'tlYENEIPLEDGE On order of the Mayor the City Councll reconvened at 7:10 pm. with all members present. Counctlmember Feinstein led the assemblage m the Pledge of Allegiance On order of the Mayor, and to accommodate the chtldren present. Item 14-F was considered out of order TRAVEL EXPENSES FOR 14-F: The request ofCouncilmembers Feinstein and Bloom to allocate SMASH HOLInA Y $5,000 for travel expenses for the Santa Monica Alternative SINGERS Schoolhouse (SMASH) Holiday Singers' perfonnance for President and Ms. Clinton at the White House, was presented. December 7. 1999 I I I I 1095 Motion by Counct1member Feinstem, seconded by CouncIlmember Bloom, to approve the requested fundmg out ofCouncl1"s discretionary funds. The motlon was approved by the follo'\\wg vote AYES: Councilmembers Holbrook, Rosenstem, McKeo'Wn, Femstein, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT ADMINISTRATIVE 7-A Appeal of Planning Commission approval of Conditional Use PROCEEDINGS: Penn it 98-051 to aDow expansion of an existing automobile dealership SIMONSON EXPANSION WIth a new 9.900 square foot, 2-stor)' bu1lding with subterranean parkmg. Applicant: RTK Associates, Architects. Appellant. Kelly Olsen. Planrung Commissioner Property O'Wner: W L Snnonson. Inc Appellant Kelly Olsen spoke in support of the appeal Herb Katz, representmg the Applicant, spoke m opposition of the appeaL The following members of the pubhc spoke m support of the appeal Joey Fullmer, Chuck Allard. and F. Isom The followmg members of the public spoke in opposltlon of the appeal Daniel Ehrler. Helen Snnos. Michael Hawker, Donald Lewin Nelson, Linda Gray. Bruce Cohen, DaVid Cole. and Stan Sax The Appellant and the Apphcant proVIded rebuttal statements. There being no other speakers, the public hearmg was closed. Motion by Counctlmember Rosenstem, seconded by Counc1lmember Holbrook. to deny the appeaL approve the project, direct staff to venfy that the project IS Wlthm the 10,000 square feet of the CEQA requirement threshold. and mcJude as part ofthe condmons of approval that subterranean parking is to be used for parking only Substitute motlon by Mavor pro Tern Genser. seconded bv Councihnember Bloom, to uphold the appeaL deny the project, staff to return with findmgs mcludmg that there be no phYSICal demarcation between the current proposed "rork area and parkIng area and that all phYSical space be deSIgnated as work area. The substitute motIon fulled by the following vote" AYES. NOES' Counclhnembers McKeown. Bloom, Mayor Pro Tern Genser Councihnembers Holbrook, Rosenstem, Femstein, Mayor O"Connor None ABSENT. 2 December 7, 1999 1096 STAFF ADMIN. ITEMS: AUTOMATED TRAFFIC AND PEDESTRIAN SAFETY PROGRAM Motion b Counctlrnember McKeown. seconded b Mavor Pro Tern Gense to deny appeal, approve project modified so that a wall be bUllt between the work area and the parking area, to clearly delineate the use and aVOid a precedent, and that the subterranean area of the project IS below the requirement of the 10,000 CEQA threshold reqwrement; these areas shall be reVISed as customer and employee parkmg areas, pnor to issuance of certificate of occupancy. subterranean parkmg shall be clearly marked for use as customer/employee parkmg only, the parkmg areas may not be used for vehicle storage, detailing, vehicle washmg, dISplay, or other snrular activitIes. The motion failed by the following vote AYES. NOES Councilmembers Bloom. McKeovvn. Mayor Pro Tern Counctlrnembers Feinstem, Rosenstem. Holbrook. Mayor O'Connor None ABSENT The mam motion was approved by the following vote AYES: Counctlmembers Holbrook, Rosenstem. Femstein, Mayor 0 "Connor NOES: Councilmembers Bloom, McKeown, Mayor Genser ~ayor Pro Tern Genser stated, for the record, that he strongly and J strenuously dISagreed with this action because either by naivete or intentIo a new precedent has been set winch in the long run wtll make the lIves of the residents that leave near automobile dealers difficult in the years to come Councilmember McKeown stated, for the record, that hIS "no" vote was not agamst the project but against setting a dangerous new precedent in zorung law. 9-A: Report on traffic enforcement programs and proposed Automated Red-Light Traffic and Pedestrian Safety Enforcement Program - Report on traffic enforcement programs, and recommendatIon to approve in concept an automated red-hght enforcement program to complement ongoing traffic and pedestnan safety efforts, and to approve budget changes proposed m the report (Continued from November 23, 1999 ) On order of the Mayor, this matter contmued to January 2000. ., .J I December 7, 1999 I I I RECESS AUTHORITY TO ADVOCATE - MWD PUBLIC HEARINGS YOUTH HOSTELS RESOLUTIONS: FIREFIGHTERS - MOU 1097 On order of the Mayor, the CIty Council recessed at 10 30 pm., and reconvened at II 00 p.m , \\1th all members present. 9-B The recommendation to authorize the City's representative to advocate the City's position during the Metropolitan Water District of Southern California's Strategic Planning Process, was presented. Members of the public Joy Fullmer and Brian Hutchings expressed varIOUS concerns The CIty'S MWD representative, Judy Abdo. spoke in support of the recommendatIOn Motion by Councilmember McKeo'WTI. seconded by CouncIlmember Femste!!!, to approve recommendatIon The motion was unannnousIy approved by voice vote, WIth all members present. IO-A Public hearing and adoption of Resolution No. 9461 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AN INSTALLMENT PURCHASE FINANCING BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT HOSTELLING INTERNATIONAL - AMERICAN YOUTH HOSTELS, INC., AND THE LOS ANGELES COUNCIL OF AMERICAN YOUTH HOSTELS, INC." Motion by Councilmember Feinstem, seconded by Councilmember Bloom, to adopt the resolution, reading by title only and waIVmg further readmg thereof The motion was approved by the follo\\ing vote' AYES: CouncIlmembers Bloom, Feinstein, McKeo.vn, Rosenstem. Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT. 12-A Resolution No. 9462 (CCS) entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA .~l\[ENDING THE MEMORA.NDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA AND SANTA MONICA FIREFIGHTERS, LOCAL 1109, IAFF," was presented. 4 December 7, 1999 1098 PREFERENTIAL PARKINGWNE Councllmember Rosenstem was excused at 11 45 P m MotIon by Mayor Pro Tern Genser, seconded by CouncIlmember I Rosenstem, to adopt the resolutlOn, readmg by tltle only and wai...ing furthe readmg thereof The motion was approved by the following vote AYES: CouncIlmembers Holbrook. Rosenstein. McKeov,'Il, Feinstein, Bloom, Mayor Pro Tern Genser, Mayor O.Connor None None NOES ABSENT' 12-13 A resolution amending Resolution 9344(CCS) establishing Preferential Parking Zone WW for the area bounded by the Santa Monica Freeway, Pico Boulevard and Stewart Street, and expanding Preferential Parking Zone L to include area bounded by lOth Street, Ocean Park Boulevard, Euclid Avenue and the Santa Monica Freeway, was presented On order of the Mayor. the public hearing was opened The followmg members ofthe pubhc spoke in support of establishmg PreferentIal Parking Zone v.'W: Susan McDonough, F. Isom. Pilar Asgarl, Rachel Talalay, and Celia Edwards The following members ofthe public spoke m OPPosit. Ion to establIshing I Preferential Parking Zone WW and requesting a delay of SlX months. Darnel Ehrler, on behalf of the Chamber of Commerce. Michael Sullivan, Jun Stebinger, Dan Forgey. Zachariah Love. John Zehnder. Pamela Stollings, and Lav,Tence Brown The following members of the pubhc spoke m support ofParkmg Zone LL Conrue Stewart, Diane Solomon, Daniel Ambriz, and JeffKyron. The follov,lllg members of the public spoke m opposition to Parking Zone LL Thea Swenssen Discussion ensued on the merits of each proposed parking zone and the concerns expressed durmg pubhc comment It was the consensus of the Council to take action on each proposed zone separately Motion by CouncIlmember Bloom., seconded by CouncIlmember Feinstem., to approve Resolution No. 9463 (CCS) entItled: "A RESOLUTION OF THE CITY OF SANTA MONICA EXPANDING PREFERENTIAL PARKING ZONE L TO INCLUDE AREA BOUNDED BY 10TH STREET. OCEAN PARK BOULEV ARO, EUCLID AVENUE AND THE SANTA MONICA FREEWAY," readmg by title only and WlU>lllg further reading thereof 5 December 7. 1999 I I I I WRITTEN COMMUNI- CATIONS: INTERIM STANDARDS - MONTA.~A AVENUE Counctlmember Holbrook was excused atl2 50 a m 1099 The motion was approved by the followmg vote: AYES' CouncIlmembers Bloom. Feinstem, McKeown.. Holbrook. Mayor Pro Tern Genser, Mayor O'Connor None CouncIlmember Rosenstein NOES ABSENT Motion by CouncIlmember Bloom. seconded by Mavor Pro Tern O'Connor. to adopt the resolution approving Preferential Parking Zone WW and delay the nnplementation to June 8.2000 SubstItute motion by Mayor Pro Tern Genser. seconded by Councllmember Femstem. to continue tlus matter to December 14, 1999, as a 5-ltem on the agenda, to provide reSidents who did not speak torught to give therr mput. The motIon was unanimously approved by vOice vote. with Councilmember Rosenstem absent 13-A. The request of Doris Sosin and Giles Smith, on bebalf of the North of Montana Neighborhood Association (NOMA), to address Council to propose an interim ordinance creating a Montana Avenue business district overlay imposing more stringent parking requirements for incidental food establishments and new retail establishments, prohibit new incidental food establishments pending imposition ofthe new parking requirements, require Planning Commission review for commercial projects costing more than $100,000, increase landscaping requirements, and provide preseITation incentives, was presented The followmg members of the pubhc spoke m support of the request: Daniel Ehrler, Chuck Allord, Bill Bauer. Darrell Clarke, PamVavra, and MIke Grumin John Lautemann spoke in support ofthe request and ofrevie",mg parkmg requrrements m a comprehensive manner James Mount spoke m support of the request and asked for reVIew of landscaping Issues ChrIS Hardmg spoke in support ofre.ie",ing what effects any measure that might be taken ,.ill have on existing projects. Motion by J\.1ayor Pro Tern Genser, seconded by Councilmember McKeo",TI.. to drrect staff to prepare an interim ordmance as expeditiously as possible, wIth mternn standards that are mtended to mamtain the historic character of Montana Avenue. such as reducing pefffiltted SIZe ofbuildmgs, prohibitmg or regulatmg new mCldental food estabhshments. lowenng the threshold for public review. and conSideratIon of new standards which would set forth 6 December 7. 1999 1100 COIJNCILMEMBER ITEMS: L.A. WEST VECTOR CONTROL PIER RESTORATION CORPORATION \\'1der sIdewalks or some increase ill the landscaping in the penmeter. Whel the ordinance returns, provide ophons to consider as early an effective date as may be practical. The motion was approved by the following vote AYES' CouncIhnembers McKeown. Feinstel11, Bloom, Mayor Pro Tem Genser. Mayor O'Connor None CouncIlmembers Holbrook. Rosenstein NOES ABSENT: 14-A- Appointment to one vacancy on the Los Angeles County West Vector Control District for a term ending December 31,2001. On order of the Mayor, tins matter was continued to December 14. 1999 14-B Annual appointments to vacancies on the Pier Restoration Corporation: four terms ending November 14, 2001, and four terms ending November 13, 2002. On order of the Mayor, tins matter was continued to December 14, 1999. HOUSING COMMISSION 14-C' Appointment of one Section 8 vacancy on the Housing Commission for a term ending June 30, 2001. ARTS COMMISSION RESIGNATION COMMISSION ON OLDER AMERICANS RESIGNATION DISPLAY OF POW/MIA FLAG On order of the Mayor. this matter was contmued to December 14. 1999 14-D: ~equest to a~cept Helen Garber's letter of resignation from the Arts Commission l\nd authorize the City Clerk to publish the vacancy. Motion by Mayor Pro Tern Genser. seconded by CouncIlmember Femstein, to approve request. Mohon unarnmously approved, wIth CouncIlmembers Holbrook and Rosenstem absent. 14-E Request to accept Joseph Cabn's resignation from the Commisllion on Older Americans and autbmize the City Clerk to publish the vacancy. Motion bv Councllmember B1o~)tn.. seconded by Mayor Pro Tern Genser, to approve request Motion unanimously approved. "..ith Councilmembers Holbrook and Rosenstem absent 14-GRequest of Mayor Pro Tempore Genser and Councilmember Holbrook that the City establish a policy to display the POW/MIA flag on appropriate holidays. 7 December 7. 1999 I I I I I PUBLIC INPUT CLOSED SESSIONS. 1101 On order of the Mayor. this matter was contmued to December 14, 1999 Member of the public Chuck Allord spoke in support of accesslblhty to pubhc documents Art Casillas expressed concerns regardmg polICIes of the Police Department Brian Hutchings expressed various concerns. 16-A Conference with Lahor Negotiator: City Negotiator: Karen Bancroft, Personnel Director. Bargaining Units: Santa Monica Firefighters Local 1109 ACTION See action taken on 12-A 16-8 Conference with Legal Counsel- Existing Litigation: Robin Diebler v. Citv of Santa Monica, Case No. SC 053902. ACTION Not heard. 16-C Conference with Legal Counsel- Existing Litigation: Bank of America v. Citv of San Francisco, City of Santa Monica, Case No. CV 99-4817 VRW. ACTION. Heard, no reported action taken. 16-D Conference with Legal Counsel- Existing Litigation: Rin!: Trading Corporation v. City of Santa Monica, Case No. BC 172044 (consolidated with Mountain View Mobile Inn Residents Association, Inc., v. City of Santa Monica et at. Case No. SC 052672). ACTION: Not heard. 16-E: Conference with Legal Counsel- Existing Litigation: Alfonso Venegas v. Citv of Santa Monica. Case No. CV 99-02277 NM (Cwx). ACTION: Not heard 16-F: Conference with Legal Counsel- Existing Litigation: Susan Galloway v. City of Santa Monica. Case No. B 202772. ACTION: Heard, no reported action taken. 8 December 7. 1999 1102 l6-G Conference with Legal Counsel - Existing Litigation: Eddie 1- Milton \'. City of Santa Monica, Case No. SC 049200. ACTION Not heard Councllmember Femstem was16-H excused at 1 55 a m Conference with Legal Counsel- Existing Litigation: Foodmaker Inc., v. City of Santa Monica, Case No. SS 007078. ACTION. Not heard 16-1: Conference with Legal Counsel- Existing Litigation: California Metal Work v. Tri-Build Development Corporation and City of Santa Monica, Case No. BC 182929. ACTION Not heard l6-J Conference with Legal Counsel- Anticipated Litigation. Number of cases: Four. Two cases heard MotIon by Counclhnember McKeown, seconded by Councihnember Bloom. to approve settlement on the claim relative to 933 15th Street as follows approve two vanances from the Zoning Code; all I design modIfications to meet Uniform Bulldmg Code requirements. developer to demolIsh existing serm-subterranean garage wall and rebuild the wall to comply with the revIsed plans, developer shall release the City from all lIability in connection with the stop work order ISsued by the CIty; and City \\<11l pay developer $75.000 in full and complete satIsfactIon of any c1anns against the City The motIon was approved by the follo\"lllg vote. AYES: CouncIlmembers McKeown, Bloom. Mayor Pro Tern Genser, Mayor O'Connor None CouncIlmembers FeinstelIL Holbrook, Rosenstein NOES ABSENT ADJOUR."'MENT On order of the Mayor, the City Council meeting was adjourned at 2 00 a lll.. ill memory of former Supreme Coun JustIce Rose Bird ---4TTEST -- ;~~~1 i.,('; ,l-Ci:.u.xv\...\-- Maria M. Stewart CIty Clerk APPROVED: .~1()2~ Pam 0 "Connor Mayor 9 December 7, 1999 I