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M-11/23/1999 (2) I I I 1085 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 23, 1999 A regular meetmg of the Santa Momca CIty Council was called to order by Mayor O'Connor at 616 pm., on Tuesday, November 23, 1999, at CIty Council Chambers, 1685 Main Street Roll Call: Present: Mayor Pam O'Connor Mayor Pro Tem Ken Genser Counctlmember Richard Bloom Counctlmember MIChael Femstem Counctlmember Robert 1. Holbrook Councilmember Kevm McKeown Councilmember Paul Rosenstem Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutne City Clerk Maria M Ste"iart CLOSED SESSIONS CLOSED SESSIONS: On order of the Mayor. the City Council convened at 6:16 p.m., and then adjourned to consider closed sessions Action taken on closed sessIOns was reported at the end of the meeting RECONVENEIPLEDGE On order of the Mayor the City Council reconvened at 7'15 p.m., with all members present. City Manager Susan McCarthy led the assemblage m the Pledge of AlleglllIlce CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considered and approved in one motion unless removed from the calendar for discussion Members of the public Joy Fullmer and Pro Se addressed various Items on the agenda. At the request of Mayor Pro Tem Genser. Item 6-C was removed from the Consent Calendar Motton by Counctlmember Femstein, seconded by Counclhnember McKeov.n, to approve all items on the Consent Calendar except Item 6-C, as presented, reading resolutiOns and ordinances by title only and Waiving further reading thereof. The motIOn was approved by the following vote. November 23, 1999 1086 MINUTES EARTHQUAKE RECOVERY BA YSA VER RETROFIT PROGRAM INTERIOR PAINTING - CITY HALL CARPET AND FLOOR FINISHES - CITY HALL PARK PLAYGROUNDS RENOVATE OFFICE SPACE IN PARKS Ayes: CouncIlmembers Holbrook, Rosenstein. McKeown. Feinstein, Bloom, Mayor Pro Tern Genser, Mayor O'Connor None None I Noes' Absent 6-A: The minutes of the September 14, 1999. CIty Council meeting were approved 6-B: Earthquake Recovery Resolution - ResolutIon No 9457 (CCS) entitled' "A RESOLUTION OF THE CITY OF SANTA MONICA DECL<\RING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY:' was adopted. 6-D' Recommendation to Extend the Baysaver Retrofit Program - recommendatIOn to extend the Baysaver Retrofit Program and to authorIZe the CIty Manager to negotiate and execute Contract No 7642 (CCS) with Honeywell DMC, in the amount of $48,000. for serVices related to the Baysaver Program, was approved. 6-E' Award of contract for interior painting of City Hall- recommendation to award Contract No 7643 (CCS) to Alamo Pamtmg. ill I the amount of $55,280, for interior pamting of City Hall, was approved 6-F: Award of contract for carpet and floor finishes at City Hall - recommendation to award Contract No 7644 (CCS) to Carpet Manor, Inc. m the amount of$128,687, for carpet and floor finishes at City Hall. was approved 6-G: Award of construction contract for three playgrounds at Clover, Marine, and Ozone Parks - recommendation to award Contract No. 7645 (CCS) to Puna Corporation, ill the amount of $622.450, for construction of three playgrounds at Clover, Marine, and Ozone Parks; and, recorrnnendatIon to authonze the CIty Manager to negotIate and execute construction management servIces Contract No 7646 (CCS) ''lIth Black and Veatch. in an amount not to exceed $100,000, were approved. 6-R Award of designfbuild contract to renovate space for a new youth office and construct an addition to Joslyn Hall at Christine Reed Park - recorrnnendation to award a designlbuild Contract No 7647 (CCS) to Maher Development Inc., in the amount of $370,000, to renovate space for a new youth office and construct an addItIon to Joslyn Hall at Christme Reed Park, was approved. 'l ... I November 23, 1999 I I I MILLENNIUM CELEBRATION BUS STOP BENCH COMPONENTS FINAL MAP - 12382200 TRACT MAP ~ 702 HILL STREET PUBLIC SAFETY FACILITY 1087 6-1: Contract amendment for supplemental funding for the City's Millennium Celebration - recorrnnendation to authonze the CIty Manager to negotiate and execute an amendment to Contract No 6822(CCS) wlth Commuruty Arts Resources, ill the amount of $56,000, for increased services for the City's Millenmum Celebration, and to approve the budget changes proposed in the report, was approved 6-J Sole source purchase order with Seating Components Mfg. for Original EqUIpment Manufactured Bus Stop Bench Components and repair services - recommendation to waive the competItIve biddmg requirement and authonze the Purchasmg Agent to negotmte and execute a sole source purchase order with Seating Components Mfg., at specified unit pnces. for Ongmal EqUIpment Manufactured Bus Stop Bench Components and repror services was approved 6-K Resolution No. 9458 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL MAP NO. 25090 FOR A 4-UNIT CONDOMINIUM PROJECT AT 12382200 STREET," was adopted 6-L Resolution No. 9459 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING FINAL TRACT MAP No. 25354 FOR A 3-UNIT CONDOMINIUM PROJECT AT 702 HILL STREET, was adopted 6-M Negotiation of purchase prices for selected equipment and materials to be used in construction of the Public Safety Facility using green building materials - recorrnnendation to waive competItIve biddll1g and authonze the City Manager to negotIate purchase prices for selected equipment and materials to be used 111 constructIon of the Pubhc Safety FaCIhty as part of an Industry Partnermg Program for procurement of green (environmentally preferable) bUlldmg materials, was approved POLICE DEPARTMENT 6-N Recommendation to donate a Police Department horse to the HORSE Inner-City Slickers. a program sponsored by the Awareness Foundation. was approved. GREEN TEAM PROGRAM 6-C: Recommendation to continue Santa Monica Green Team Program for an additional year - recommendatIon to authorize contmuation of the Santa Monica Green Team Program for an additional year 111 partnerslnp with Santa Momca College, was presented 3 November 23,1999 1088 ADMIN. PROCEEDING PERMIT 98-051 ORDINANCE - AUTOMOBILE REPAIR FACILITIES Mayor Pro Tern Genser complimented the program and suggested the publication contam the City's graphic Identity prior to publication. I Motion by Mayor Pro Tern Genser, seconded by CouncIlmember FelllStein. to approve staff recommendation Ayes: Councilrnembers Bloom. Feinstein, McKeown. Rosenstelll, Holbrook, Mayor Pro Tern Genser. Mayor O'Connor None None Noes: Absent: 7-A: Appeal of Planning Commission approval of Conditional Use Permit 98-051 to allow expansion of an existing automobile dealership with a new 9,900 square foot, 2-story building ~lth subterranean parkIng. Applicant RTK AssoCiates, Architects. Appellant: Kelly Olsen.. Planrung Commissioner Property Owner W L Snnonson, Inc On order of the Mayor, tlus appeal was contmued to December 7, 1999. at the request of staff 8-A: Introduction and first reading of" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.02.030.315 AND SECTION 9.04.14.050 OF ARTICLE I IX OF THE SANTA MONICA MUNICIPAL CODE TO MODIFY THE ZONING ORDINANCE FLOOR AREA RATIO DEFINITION RELATING TO THE ENCLOSURE OF EXISTING OUTDOOR HOISTS, TO AMEND THE SPECIAL CONDITIONS FOR AUTOMOBILE REPAIR FACILITIES RELATING TO ALLOWABLE OUTDOOR WORK ACTIVITIES, LANDSCAPING AND OUTDOOR HOIST ENCLOSURES, TO ADD PROVISIONS RELATED TO THE STORAGE OF RE-USABLE AUTOMOBILE PARTS, THE ROAD TESTING OF VEHICLES AND VEHICLES AWAITING REPAIR, AND TO REQUIRE EXISTING AUTOMOBILE REPAIR FACILITIES TO COMPLY WITH SPECIAL CONDITIONS RELATED TO LIGHTING, LITTER, SOUND AND STORAGE." Staff presented the ordinance and suggested some language modIficatIon for clanfication purposes Councihnembers asked questions of staff regardmg tools. nOIse, hOISt enclosures and hoist locatIOns, emergency repairs. and the applicability of the ordinance to City auto repair shops and public facilities 4 I November 23, 1999 I I I 1089 On order of the Mayor, the public heanng was opened The followmg members of the pubhc spoke in opposition of the ordinance" Chuck Perhter. Larry Beaufait. Martm Newson, Bunnie Meyer, MIke Gnffitts, Ivlichael Golthieb, Susan Morgan, Greg Morgan. J KapodlStrIaS, Don RUlZ, William Braun, Yerevant KludJllII1. James Swoyell, Radcliffe Reid, Nancy Ehrmann, Howard Okumura, Kimberly Hlfoslnge, Judy Hlfoshige, Kathy Kastfon, Peter RaJana, Ellen Perhter, Anthony Hudaverdi. Jon Roennau. Gayle Gustafson, Stewart Resmer, Peter DaVIdson. Fred Poltke, Ben Lunsky, Steven Frew, Brian Lmdqwst, Gordon Vallely, and Enc Parlee Members of the public Dan Ehrler and Brooke Meyers spoke m support of staffs recommendation, but suggested some modifications and changes to the report. Members of the public Joy Fullmer and Brian HutchIngs expressed vanous concerns Members of the pubhc Nicole Picard, F Isom. and RIck LaudatI spoke m favor of the ordmance. Motion of Mayor Pro Tern Genser, seconded by Councilmember Femstem, to hear a late speaker for one minute. The motIon was unarumously approved, by voice vote, with all members present. Member of the public VIckI Luckenbach spoke ill support of the ordmance RECESS On order of the Mayor, the CouncIl. recessed at 10:30 p m.. and then reconvened at 10 52 p.m WIth all members present DIScussion ensued regarding more flexibility, outdoor work. performance standards. pneumatic tools and pOSSIble exemption of oversIZed vehicles MotIon by CouncIlmember McKeown.. seconded by COlmcIlmember FemsteIn. to contmue the meetmg past II :00 p.m The motion was approved by voice vote, ,vlth CouncIlmember Rosenstem votmg agamst the motIon. ConsIderable diSCUSSIon continued regardmg the eXlstmg II-year old law. ways to deal with the mappropriate parts ofthat law, and keepmg the parts of the ordmance that will be effectIve in maintaining peace and qUIet and the quahty oflife in the CIty of Santa Momca wlnle keepmg the CIty'S auto repalf shops m busll1ess. 5 November 23. 1999 1090 Motion by Mayor Pro Tern Genser, seconded bv CouncIlmember MCKeowl to introduce and hold first reading of the ordinance, amended to include modifications by staff. MotIon amended by Mayor Pro Tern Genser, seconded by CouncIlmember McKeown, to amend the motion to mclude some exemption for oversIZed velucles over 8'2" in height for busmesses currently performmg such work outdoors After some dlSCussion, It was the consensus of Council that staff would return at a future date with reconnnendatIons on this ISsue. Mayor Pro Tern Genser withdrew his motIon to amend Motion of Councihnember Bloom. seconded by CouncIlmember Rosenstern. to amend the motIon to allow outdoor work actIVItIes Wltlnn 20 feet of an existing building, in a clearly marked area not to exceed 50% of the outdoor area, but in no event less than 400 square feet, not within 50 feet of any residences, not audIble at the nearest reSIdence, and without the use of any power tools other than those powered by batteries The motIon was approved by the following vote: Ayes: Councihnembers Holbrook, Rosenstern, Feinstein, Bloom. Mayor O'Connor Mayor Pro Tern Genser. Councilmember McKeown None I Noes: Absent Thereafter, Mayor Pro Tern Genser wlthdrew his marn motIon. MotIon by Councilmember Bloom, seconded by Councilmember Holbrook, to introduce and hold first readmg of the ordinance, amended as proposed by staff. as follows' SectIon 9 04 14 050{j) on page 11, third lme to read as follows: (a) "Notwithstandmg SectIon 9 04.18.030, work activities may be conducted outdoors, on the premises of automobile repair mcilities lawfully in existence prior to September 1988, prOVIded the following conditions are met (1) the work COnsISts of batter v charging and replacement, replacement of fluids, wiper blades, fuses, and lamps, tire removal and replacement or diagnostic services which do not involve the removal ofvelucular parts; (2) the work is performed withing twenty (20) feet of an existmg buIldmg on the prennses; (3) the work is performed entirely withm a clearly marked area not to exceed four-hundred (400) square feet, (4) street frontage shall be screened consistent with Section 9.04.10.04.080; (5) side and rear yard. not fronting a street, shall be screened consistent with SubsectIOn (f) of this Section as proVIded" (b) SectIOn 9 04 l4.050(k), tlnrd sentence IS amended to read as follows' "EXIsting outdoor hOIstS prohibited by subsectIon (j) shall be ,endered inopemtive, removed, 0' fully oncIo",d in . fo",-OOod boilding I 6 ~ovember 23, 1999 I I I 1091 with a roll-up or similar type door which IS onented away from adjacent residentially-zoned properties and uses An ~:.c uutdoor hoist enclosure shall not exceed 18 feet by 28 feet and shall be constructed and operated ., Motion by CouncIlmember Bloom to allow work on oversIZed vehicles on eXISting businesses. Wlth staff to define the term "oversIZed:' for busmess doing tlus kInd of work on May 11, 1999 Motion accepted as frtendly by the seconder Motion ofCouncilmember Bloom to amend the motion so that the outdoor work requrrements would apply to business conducting work on May 11, 1999 Motion accepted as friendly Motion to amend by Councihnember Rosenstein, seconded by Mayor O'Connor, that the new rules will not be enforced untIl the City is m comphance. After some dISCUSSIon, Mayor O'Connor withdrew her second Motion by CouncIlmember Bloom to clarifY the defirutlon of "major collector streets" that are used for test drivmg by changing it to "major non- residential collector streets" The motion was accepted as friendly On order of the Mayor, roll call was taken on the main motion. as amended The motion was approved by the followmg vote. Ayes. Counctlmembers Bloom, Femstem, Rosenstein. Holbrook. Mayor O'Connor CouncIlmember McKeown, Mayor Pro Tern Genser None Noes: Absent Counc1lrnember McKeown stated. for the record. that he voted "no'" due to lus concerns about enforceability AUTOMATED RED- LIGHT 9-A: Report on traffic enforcement programs and proposed Automated Red-Ligbt Traffic and Pedestrian Safety Enforcement Program - Report on traffic enforcement programs, and recommendation to approve m concept an automated red-hght enforcement program to Councllmembers Holbrook complement ongoing traffic and pedestrian safety efforts, and to approve and Rosenstem were excused budget changes proposed in the report. atlOOam On order of the Mayor, this matter was contmued to a future meeting 7 November 23. 1999 1092 RESOLUTION SAFE NEIGHBORHOOD PARKS COUNCILMEMBER ITEMS VACANCY PUBLIC INPUT CLOSED SESSIONS 12-A: A Resolution No. 9460 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 & THE SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION AND FLOOD PROTECTION ACT," was presented in support of two bond measures on the March, 2000, State Ballot. MotIon by CouncIlmember FelDStein, seconded by Councilmember McKeov.11, to approve staff recommendatlon and adopt the resolutIOn, reading by tltle only and WaIvmg further readIng thereof The motion was unanimously approved by voice vote, 'With Councilmembers Holbrook and Rosenstem absent. 14-A Appointment to one vacancy on the Los Angeles County West Vector Control District for a term ending December 31,2001. (Continued from October 12, 1999.) On order of the Mayor, tlus matter was contInued to December 7. 1999. 14-B: Annual appointments to vacancies on the Pier Restoration I Corporation: four terms ending November 14, 2001, and four terms ending November 13, 2002. (Continued from October 26, 1999) On order of the Mayor. tins matter was continued to December 7, 1999 Member of the public AI Tamsky expressed concerns related to handIcapped parking. Chuck Allord requested that the new CIty Manager exercise the right to change staff. Art Casillas expressed concerns relative to the PICO NeIghborhood. Brian Hutchings expressed various concerns. Frank Call1lava expressed views regardmg his claim, policing the public and pubhc safety. Chuck Levy expressed concerns regarding constructlon on PacIfic Coast HIghway for sewer installation. 16-A Conference with Legal Counsel - Existing Litigation: Palisades Beach Property Owners Association v. City of Santa Monica, Case No. BC 220026. ACTION Heard No reportable actIon taken. 8 November 23, 1999 I I I I I ADJOURNMENT: 1093 16-B' Conference with Legal Counsel- Existing Litigation: Foodmaker, Inc., v. City of Santa Monica, Case No. SS 007078. ACTION. Not heard 16-C' Conference with Legal Counsel- Existing Litigation: California Metal Work v. Tn-Build Development Corporation and City of Santa Monica, Case No. BC 182929. ACTION Heard. No reportable action taken 16-D' Conference with Legal Counsel- Existing Litigation: Alfonso Venelitas v. City of Santa Monica, Case No. CV 99 02277 (Cwx). ACTION' Not heard l6-E Conference with Legal Counsel- Existing Litigation: Michael Davies et al., v. City of Santa Monica. Case No. 98 C00152. ACTION Not heard l6-F Conference with Legal Counsel- Existing Litigation: Robin Dieblerv. City of Santa Monica, Case No. SC 053902. ACTION: Not heard l6-G: Conference with Legal Counsel- Anticipated Litigation. Number of cases: Seven. ACTION Heard two cases. No reportable achon taken On order of the Mayor, the City CouncIl meeting was adjOurned at 1:45 a.m to December 7, 1999, in memory of Mary Shier, Frances Cohen and Abraham Rubin ATTEST APPROVED: ~~r \ ~a;~ ~ ..~l~, k>......, , ., __~~ u f. .S Maria M. Stewart City Clerk 9 November 23,1999