Loading...
M-5/11/1999 I I I 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. 1 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 2 May 11, 1999 I I I I 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 3 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 4 May 11, 1999 I I I I 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. 5 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 6 I May 11, 1999 I I I 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 7 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. I 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 8 I May 11, 1999 I I I 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. 9 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. I 10 May 11, 1999 I I I 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 11 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 I ~ May 11, 1999 I