M-5/11/1999
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895
CITY OF SANTA MONICA
CITY COL'NCIL MINUTES
MAY 11, 1999
A regular meetmg of the Santa Momca CIty CouncIl was called to order by Mayor O'Connor
at 7:10 p.m., on Tuesday, May 21, 1999, at the Councd Chambers, CIty Hail, 1685 Mam
Street
Roll Call:
Present:
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councrlmember Michael Femstem
Council member Robert T Holbrook
Councdmember Kevm McKeown
Counctlmember Paul Rosenstem
Also Present. City Manager John Jahh
City Attorney Marsha Jones Moutne
City Clerk Mana M. Stewart
PLEDGE
On order of the Mayor the CIty CouncIl convened at 7: 10 pm., WIth all
members present. Member of the pubhc RIchard Bloom led the
assemblage III the Pledge of AllegIance.
INSPIRA TION
The John Adams Middle School Jazz Band proVIded a moment of
mSplfatlOn prIor to the begmmng of the CIty Councd meetmg.
INSTALLATION OF
NEW OFFICER
3-A: Resolution adopting results of April 24-25,1999, Special
Municipal Election and issuance of oath of office to elected
Councilmember Bloom.
The CIty Clerk proVIded a staff report on the results of the two-day
mumcIpal election held to fill an unscheduled vacancy on the CIty
CounCil.
Member of the pubhc Joy Fuller expressed various concerns.
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May 11, 1999
896
Motlon by CouncIl member Femstem, seconded by Mayor Pro Tern I
Genser. to adopt Resolutlon No. 9390 entItled. "A RESOLUTION OF
THE CITY OF SANTA MONICA CERTIFYING THE RESULTS OF
THE CITY CLERK'S OFFICIAL CANVASS AND OFFICIAL
STATEMENT OF VOTES CAST FOR THE SPECIAL MUNICIPAL
ELECTION HELD ON APRIL 24-25, 1999, AND DECLARING THE
RESULTS THEREOF. n
The motlon was approved by the followmg vote'
AYES:
NOES:
ABSENT
Councllmembers Holbrook, Rosenstem, McKeown,
Felnstem, Mayor Pro Tern Genser, Mayor O'Connor
None
None
ISSUAL~CE OF OATH TO ADMINISTRATION OF OATH OF OFFICE TO NEW CITY
COUNCILMEMBER COUNCILMEMBER RICHARD BLOOM CIty Clerk Stewart
ELECT adnumstered the Oath of Office to newly-elected Councdmember Bloom,
and Councdmember Bloom assumed rus seat
CONSENT CALENDAR The Consent Calendar was presented, whereby all Items are considered and
approved m one motIon unless removed from the calendar for dISCUSSIon I
MotIOn by Councdmember Holbrook, seconded by Mavor Pro Tem Genser,
to approve all Items on the Consent Calendar as presented, readmg
resolutIons and ordmances by tItle only and walvmg further readmg thereof
The motIOn was approved by the following vote
AYES
CouncIlmembers Holbrook. Rosenstem, McKeown,
Femstem, Bloom, Mayor Pro Tern Genser. Mayor
O'Connor
None
None
NOES
ABSENT:
EARTHQUAKE
RECOVERY
6-A Earthquake Recovery Resolution - ResolutIon No 9390 (CCS)
entItled "A RESOLlJTION OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL
EMERGENCY," was adopted
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May 11, 1999
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897
TRACT MAP 52645
6-B: Resolution approving Final Tract Map No. 52645 for project at
2922 Montana Avenue - ResolutIon No 9391(CCS) entItled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO
52645 TO SUBDIVIDE A PROPERTY AT 2922 MONT ANA
A VENUE," for a 5-umt condommIUm proJect. was adopted
TRACT MAP 52643
6-C: Resolution approving Final Tract Map No. 52643 for project at
933 Fifteenth Street - Resolution No 9393(CCS) entItled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO
52643 TO SUBDIVIDE A PROPERTY AT 933 FIFfEENTH STREET,"
for a 5-umt condommium project, was adopted.
TRACT MAP 52644
6-D: Resolution approving Final Tract Map No. 52644 for project at
844 Third Street - ResolutIon No. 9394(CCS) entItled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO.
52644 TO SUBDIVIDE PROPERTY AT 844 THIRD STREET," for a
5-umt condommIUm project, was adopted
TRACT MAP 52727
6-E: Resolution approving Final Tract Map No. 52727 for project at
2726 Montana Avenue - Resolution No 9395(CCS) entltled "A
RESOLUTION OF THE CITY OF SANT A MO~.nCA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO 52727
TO SUBDIVIDE A PROPERTY AT 2726 MONT ANA AVENUE," for a
5 -urut condommium project, was adopted
STO~l\1 DRAIN 6-F Resolution to accept transfer of easement for storm drain from
EASEMENT TRANSFER State of California to City of Santa Monica - ResolutIOn No 9396(CCS)
entitled "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO ACCEPT THE TRANSFER
FROM THE STATE OF CALIFORNIA FOR THE EASEMENT FOR
THE STOR1\.1 DRAIN LOCATED IN THE SITE OF THE PROPOSED
PUBLIC SAFETY BUILDING," was adopted
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May 11, 1999
898
TITLE TO STAIRS, PATH 6-G Acceptance of title to stairs, paths and underlying land providing I
AND lJNDERL YING LAND pedestrian access between Palisades Park and Pacific Coast Highway,
receipt of funding, and contract for interim repairs on the property -
recommendatlOn to authonze the CIty Manager to negotIate and execute
two cooperatIve Agreement Nos 7486 and 7487 With the State ofCahforrua
to accept tItle to starrs, paths and underlymg land provIdmg pedestnan
access between PalIsades Park and PacIfic Coast HIghway at Broadway and
Montana Avenue, to receIve $800,000 from the State for repair and
mamtenance costs, to appropnate $100,000 offundmg to appropnate CIP
accounts, and, to authonze the CIty Manager to negotIate and execute an
amendment to Contract No 7267(CCS) With Valley Crest Landscapmg,
Inc, In the amount of$100,000, for mtenm reparrs on the property, was
approved
END OF CONSENT CALENDAR
ORDINANCES SECOND
D\VELLING UNITS
8-A Ordinance No. 1940(CCS) entitled: "AN ORDINANCE OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 9 OF THE
CITY'S MUNICIPAL CODE TO ALLOW SECOND DWELLING
UNITS IN THE R-l AND OP-l WNING DISTRICTS UNDER
SPECIFIED CIRCUMSTANCES TO ESTABLISH SPECIAL USE
PERl\'IIT DEVELOPMENT STANDARDS FOR THESE UNITS, AND
TO CLARIFY THAT SECOND UNITS ARE ALLOWED IN THE I
R2R AND R2B DISTRICTS" was introduced for second reading and
adoption.
MotIon by Counc-tlmember McKeown, seconded by Mayor Pro T em Genser,
to adopt Ordmance No 1942 (CCS) The motlOn was approved by the
follOWing vote
AYES:
Councllmembers Holbrook. McKeown, Bloom,
Mayor Pro Tern Genser, Mayor O'Connor
Councllmembers Rosenstein and Femstem
None
NOES:
ABSENT:
PUBLIC HEARINGS
ANNUAL STREET
RESURFACING
10-A Public hearing and adoption of resolution to confirm assessment
costs for FY 1996-97 Annual Street Resurfacing Program.
On order of the Mayor, the publIc heanng was opened Member of the
publIc Barbara WIlson spoke regardmg SIdewalk problems caused by ficus
trees Joy Fullmer expressed vanous concerns
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May 11, 1999
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BOARDS AND
COMMISSIONS
STREETPERFO~RS
RESOLUTIONS
899
MotIon by Councdmember Holbrook, seconded by Councllmember
Femstem, to adopt ResolutIon No 9397 entItled "A RESOLUTION OF
THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT
AND CONFIRMING ASSESSED COSTS FOR CONCRETE GUTTER
CONSTRUCTION, STREET RESURFACING At'ID THE REP~A.IR OF
DA1vfAGED SIDEWALKS, DRIVEWAYS Ai"'TI CURBS, AND THE
REMOVAL OF DAMAGED P ARKW A Y PAVINGS AND
APPURTENANT WORK ON VARIOUS CITY STREETS IN
CONJUNCTION WITH THE FY1996-97 STREET RESURFACING
PROGRAM," The motIon was approved by the followmg vote
AYES.
Councllmembers Bloom, Feinstein, McKeown, Rosenstem,
Holbrook, Mayor Pro Tern Genser, Mayor O'Connor
None
None
NOES:
ABSENT:
11-A Report from the Bayside District Corporation on the status of
consensus building efforts concerning street performers and vendors.
Kathleen Rawson, Executlve DIrector of the Bayslde Dlstnct CorporatIon,
presented a status report relatIve to street performers and vendors, dtscussed
"free speech vendmg," prOVIded suggestIOns for Items allowed for vending,
and recommended the adoptIon of an emergency ordmance m the near
future, pnor to the summer season
Members of the publIc Jerry Rubin and Ned Landm spoke in support of
consensus efforts Joey Fuller expressed her concerns
MotIon by Councilmember McKeown, seconded by Mayor Pro Tern Genser,
to reCeIve and file the mforrnatlOn and duect the CIty Attorney to provlde a
report to Councll and to the workmg group on the constItutIonal issues
raised MotIon was approved by VOIce vote, with all members present
12-A Resolution No. 9398(CCS) entitled: "A RESOLUTION OF THE
OTY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE MUNICIPAL EMPLOYEES ASSOCIATION," was presented.
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May 11, 1999
WRITTEN
COMMUNICATIONS
PARKING IN
RESIDENTIAL ZONES
ZONING FOR AUTO
REPAIR SHOPS
900
MotIon by Councdmember FeInstem, seconded by Councdmember I
Holbrook, to adopt the resolution The motIon was approved by the
follOWIng vote
AYES: Councllmembers Bloom, FeinsteIn, McKeown, Rosenstem,
Mayor Pro Tern Genser, Mayor O'Connor
NOES None
ABSENT: None
13-A Mr. Faron Isom presented a request for Council to assist with
enforcement relatIve to the parking problems resulting from the
parking of ExcaJibur Taxi Cabs in an R-l residentIal area.
Member of the pubhc Terry Later spoke In support of the request Stewart
Roscoe spoke In support of safe taxI cabs
Motion by Counctlrnember Femstem, seconded by Mayor Pro Tern Genser,
to refer thIs matter to the CIty Attorney The motIon was unarumously
approved by VOIce vote, WIth all members present
On order of the Mayor, tlus matter was combIned WIth the next item, 13-C
13-B Mr. Faron Isom presented a request for Council assistance in the I
enforcement of zoning laws affecting automotive repair shops.
13-C Mr. Daniel L. Ehrler, on behalf ofthe Chamber of Commerce,
addressed Council regarding enforcement of the ordinance regulating
Santa Monica auto repair service businesses, and requested that the
enforcement ordinance be implemented and enforced immediately
excluding the three issues addressed in the May 5th letter.
The follOWIng members of the public spoke in favor of enforcement of the
current ordmance Gladys KInsell, Peggy Lyons, James Dufourd, Terry
Later, and Kelly Olsen
Nicole PIcard, representmg Ocean Park Commumty Orgamzatlon, spoke m
support offurther study InvolVIng all affected partIes
The followmg members of the pubhc spoke In favor of a modlfied
enforcement ordInance Ellen Perhter, Howard Okumura, Joe LeVIne, Chuck
Perliter, Larry Beufait, WIlham Braun, and Stewart Resmer
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May 11, 1999
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901
MotIon by Mayor Pro Tern Genser, seconded by Mayor O'Connor, to dIrect
staff to prepare an mtenm ordmance to modify the regulatIng ordInance so
that landscapmg would not have to be m places currently occupIed by
bmldings, the 10% rule would not apply, but m general the penmeter rule
would apply_ and for busmesses that eXisted at the tIme of adoptlon of the
ordInance, those busmesses would not be reqUIred to have addItIonal
parkmg for the newly enclosed space Staff to move forward as
expedltlOusly as possIble
MotIon to amend by Councllmember McKeown, to allow parts for recychng
to be kept on SIte on the property outside of the bUlldmg, m approved
contamers The amendment was accepted as friendly
MotIon to amend by Counctlmember Femstem, to mclude the four proposals
contamed m the letter from the Chamber of Commerce regardmg road
testmg rules, no drop offm residential areas, disassembled autos to remam
covered, and, car hoods to be shut when work is not beIng performed The
amendment was accepted as frIendly
SubstItute motlOn by Counctlmember Rosenstein, seconded by
Counctlmember Holbrook, to dIfect staff to report on changes in the code
relatIve to the Chamber's three proposals re landscapmg rules, enclOSIng
work areas and roof and ba:fflmg, lookmg at workmg hours, and find a way
to allow stonng and recycling of auto parts m bms outside buddmgs Staff
to also report on the four proposals from the Chamber, mentlOned m the
mam motIon The subStltute motlon falled by the followmg vote
AYES: CouncIl members Rosenstem, Holbrook
NOES: Councllmembers Bloom, Feinstem, McKeown, Mayor Pro
Tern Genser, Mayor O'Connor
ABSENT: None
The main motion was approved by the following vote
AYES:
CouncIl members Bloom, Femstem, McKeown, Mayor Pro
Tern Genser, Mayor O'Connor
Councdmembers Rosenstem, Holbrook
None
NOES:
ABSENT
RECESS
On order of the Mayor, the City Councd recessed at 10:55 p.m., and
reconvened at 11 :28 p.rn , WIth all members present
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May 11, 1999
BAHA'I COMMUNITY
UNDERGROUNDING OF
HIGH VOLTAGE WIRES
Coullcllmember Rosenstem
li'aS excused at 11 38 P m
QUALITY OF LIFE AND
HOUSING POLICIES
Councllmember Holbrook
was excllsed at 12.25 a m
902
13-D Nicky Farid addressed Council regarding the equality of women I
and men, on behalf of the Baha'i Community of Santa ).fonica.
On order of the Mayor, the mformation was receIved and filed
13-E Tom Stringer and Ross Lacy addressed Council regarding
directing Edison company to underground high-voltage wires in the
alley between Ashland Avenue and Hill Street, between 16th Street and
18th Street, and along 18th Street between Ocean Park and Navy Street,
and to place this project on the highest priority.
Mark Olsen, representmg Southern Cahfonua Edison, spoke In support of
the request given the availability of funds and pnontIes set by the CIty
Motion by Mayor Pro Tern Genser, seconded by Councllmember McKeown,
to dIrect staff to prOVIde a hst of elIgible projects In the City, hstIng the cost,
eligibility and priority Motion approved by voice vote with Councilmember
RosensteIn absent
13-F Request of Jim Simmons to address Council regarding taking
immediate action to stop rapid and unwanted change in the City and
reconsider the City's housing policies so that change can be managed.
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On order ofthe Mayor. the public heanng was opened. The following
members of the pubhc spoke to dIfferent aspects of the request Fred
Whitlock, KatWeen Masser, Randy Walburger, Pam Vavra. David Schuman,
Albert Elzas, Howard Jacobs, WIlham Brantley, Harley Kern, Stacey
Fnedman, Kathy Kartlganer, and Michael Tarbet
DiSCUSSlOn ensued on the various concerns expressed regardmg the
ambIence and quahty of hfe In the City, the effects of development, and
housmg needs
MotIon by CouncIlmember FeInsteIn, seconded by Councdmember
McKeown, to dIrect staff to return With an emergency ordmance for a
moratonum on demohtlon of multifamily urnts m multIfaffilly zones, to
explore makmg the ordmance effectIve torught, or as soon as pOSSible, and
ask Planmng staff to examme WhICh elements of the Housmg Element would
Imk to the kmd of Issues heard torught, and make suggestiOns on a process
to reexannne them
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May 11, 1999
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903
MotIOn to amend by Mayor Pro Tern Genser, to broaden the dIrectIOn for
staff to look at anythmg else that nnght affect and/or remedy the concerns
expressed tomght MotIon accepted as fhendly
The main motion was approved by the folloWIng vote
AYES
Councdmernbers McKeown, FeInstem, Bloom,
Mayor Pro Tern Genser, Mayor O'Connor
None
Councdmembers Holbrook and RosensteIn
NOES
ABSENT
Monon by Councdmember Femstem., seconded by Mayor O'Connor, to
drrect staff to revtew the Housmg Element and return With recommendations
on how to address the Issues raIsed dunng the dISCUSSIOn tills evernng The
monon was approved by the followmg vote
AYES
Councdmembers McKeown, Femstem, Bloom,
Mayor Pro Tern Genser, Mayor O'Connor
None
Councdmembers Holbrook and RosensteIn
NOES
ABSThi
OVERBILLING FOR 13-G LeRoy Jamison addressed Council regarding the City's over-
RUBBISH CONTAINERS billing for rubbish containers and requesting a credit to his account.
COUNCIL.MEMBER
DISCUSSION ITEMS
LINCOLN BOULEVARD
On order of the Mayor, with CouDcll consensus, staffwas directed to submIt
and process Mr Jannson's request as a claIm agamst the CIty
14-A Councilmember Feinstein presented his request to direct stafT to
initiate discussions with CALTRANS to relinquish control of Lincoln
Boulevard to the City of Santa Monica.
The following members of the pubhc spoke In support of the request Ken
Ward, Doug Korthof, Nancy KISSICk, Rex Frankel, Kathy Knight, Bruce
Campbell, and Randy ZIglar
Motion by Councilmember Femstein., seconded by Mayor Pro Tem Genser,
to direct staff to Imnate mscusslOns as proposed The monon was approved
by VOlce vote, WIth Councdmembers Holbrook and Rosenstem absent
PLAYA VISTA PROJECT 14-B Request of Council member Feinstein to direct stafTto closely
monitor the activity associated with proposed plans of Phase 2 and
Phase 3 or the Playa Vista project and to keep City Council informed of
any potential actions in this regard.
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May 11, 1999
RESIGNATION FROM
BA YSIDE DISTRICT
CORPORATION
RESIGNATION FROM
ARB
904
The followmg members of the pubhc spoke m support of savmg the Ba1lona I
Wetlands Jerry Rublll, Doug Korthof, Wendy Wendlandt, MarcIa Hanscom,
John Hodder, Roy van de Hoek, Ann Hawthorne, Rex Frankel, Kathy
Krught, Bruce Campbell, and Randy ZIglar
MotIon by CouncIlmember Femstelll, seconded by Councllmember
McKeown, to dIrect staff to momtor the project as requested, and that III
momtoring Phase 2, to also look at effects m regard to the Cny's abdlty to
promote traffic calming effects III neIghborhoods, effect of traffic on the
Oty's attempt to direct traffic onto Lmcoln Boulevard, the effect on the CIty
buses that may have, In the future, a mechamsm mstalled to enable them to
change traffic hghts, the number of mtersectlons to be studied III Phase 2,
the value of open space and wetlands as a natural habItat and what it means
as a regIOnal asset to the CIty, the pOSSIbIlIty of challenglllg destructlOn of
open space, the nnpact on the Santa MOllIca Auport and on the Santa
MOllIca Bay, to contact nerghboring CItIes to see what they are dOlllg in
response to the project and look at sinnlar concerns and possible
cooperatlon, to contact Barbara Boxer's office and detenrune what efforts
are bemg made to secure $9 bIllIon of federal funds earmarked for land
acqUISItIon and examme the pOSSIbility of usmg these funds to purchase
publIc land lIke Playa VIsta, to analyze If ongolllg legal efforts are changing
the nature of Phase 1, and 1f so, does that cause the CIty to reVisit Its
settlement agreement WIth Playa VIsta on Phase 1 and reVIse Its pOSItIOn I
from support to oppositIon
MotIon to amend motlon by Mayor Pro Tern Genser, to pnontlze the
analYSIS of whether there are grounds and/or benefits for re-exammmg the
CIty's pOSitIon of the settlement on Phase 1 The amendment was accepted
as frIendly The motIOn, as amended, was unammously approved by VOice
vote, WIth Counctlmemhers Holbrook and Rosenstelll absent
14-C Acceptance of Tal Mirza's letter of resignation from the Bayside
District Corporation, and authorization to City Clerk to publish
vacancy.
Motion by Mayor Pro Tern Genser, seconded by Councdmember McKeown.,
to accept the letter With regrets and dIrect the clerk to publIsh the vacancy
The motIon was approved by VOIce vote, With CouncIlmembers Holbrook
and Rosenstem absent
14-D Acceptance of Paul Novacek's letter of resignation from the
Architectural Review Board~ and authorization to City Clerk to
publish vacancy.
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May 11, 1999
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APPOINTMENT TO
BUILDING & SAFETY
CLOSED SESSIONS
905
MotIon by Councllmember FeInstem, seconded by Mayor Pro Tern Genser,
to accept the letter With regrets and dIrect the clerk to pubhsh the vacancy
The motIon was approved by VOIce vote, With Councdrnembers Holbrook
and Rosenstem absent
14-E Appointment to one unscheduled vacancy on the Building &
Safety Commission for a term ending June 30, 2000. (Continued from
April 27, 1999).
Mayor Pro Tern Genser nommated Y ong KIm CouncI1member McKeown
nomInated Chuck Allord Mr KIln was appoInted to the BuddIng and
Safety Commission by the followmg vote
For Yong KIm
Councdmembers Bloom, Femstem, Mayor Pro Tern
Genser, Mayor O'Connor
Councrlrnember McKeown
Councdmembers Holbrook, RosensteIn
For Chuck Allord
Absent
Councilmember McKeo\\<n requested rus vote be changed for Mr KIm for a
unammous appomtment
16-A
Conference with Legal Counsel - Anticipated Litigation.
Number of cases: Two.
ActIon No reportable actIon taken
16-B Conference with Legal Counsel- Existing Litigation: Steicken
v. City of Santa Monica, Case No. SC 041 545.
Action The CIty Attorney adVIsed of the need to appropnate funds for an
approved settlement m thiS case The matter was contmued to
May 25m meetmg as five-votes are reqUired for this approval, two
Counctlmembers are absent) and Councdmember Bloom IndIcated
he WIshed to abstaIn on this vote
16-C Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Municipal Employees Association
ActIon No reportable actIOn taken
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May 11, 1999
PUBLIC INPUT
ADJOURNMENT
16-D
906
Conference with ReaJ Estate Negotiator.
Property: Portions of property on the west side of I
Main Street between Pico Boulevard and
Colorado Avenue
John Jalili, City Manager
The Rand Corporation
Possible acquisition of real estate
property
City Negotiator:
Owners of Record:
Under negotiation:
ActIon
No reportable aCTIon taken
15 PUBLIC INPUT
On order of the Mayor, pubhc input was opened Member of the pubhc Art
Casdlas addressed concerns relatIve to the Pollee Department Chuck
Allard addressed concerns regarding election campaIgning
On order of the Mayor, the City Councd meetmg was adjourned In memory
ofImogene Shephard Brownley, at 2 04 am, to May 25, 1999, at 6 15 pm
ATTEST
. ~
~k a.:......\...n ~ ~ ........,.\-
Mana M Stew~
City Clerk
12
APPROVE
~- - I......
A11/lca~
Pam O'Connor
I
~ Mayor
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May 11, 1999
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