M-12/7/1999 (2)
1094
CITY OF SANTA MONICA
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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
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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.
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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.
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December 7, 1999
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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.
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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
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December 7. 1999
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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
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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.
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December 7. 1999
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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.
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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
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December 7, 1999
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