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M-3/16/1999 852 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 16, 1999 A regular meetmg of the Santa Moruca CIty Councd was called to order by Mayor O'Connor at 622 pm, on Tuesday, March 16, 1999, at the Main LIbrary Audltonum, 1343 6th Street Roll Call Present Mayor Pam O'Connor Mayor Pro Tern Ken Genser Councilmember MIchael Femstem Councilmember Robert T Holbrook Councdmember Kevm McKeown CouncIlmember Paul Rosenstem Also Present City Manager John Jaldl CIty Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart CLOSED SESSIONS On order of the Mayor, the CIty Councd convened and recessed at 6 22 pm, to consIder the following closed seSSIOns 16-A Conference with Labor Negotiator: City Negotiator: Karen Bancroft, Personnel Director. Bargaining Units: Management Team Associates Municipal Employees Assn. ACTION No actlOn taken regardmg MurucIpal Employees ASSoclatlOn See Item 12-A for actIon on Management Team AssocIates 16-B Conference with Legal Counsel- Existing Litigation: Santa Monica Housinl:; Council v. City of Santa Monica, Case No. BC 184-061. ACTION No reportable action taken 16-C Conference with Legal Counsel - Existing Litigation: Garry Dalson v. City of Santa Monica, et aI., Superior Court Case No. BC 197-563. I I Monon by Mayor Pro Tern Gooser, seconded by CounCJlmemberFemstem, I 1 March 16, 1999 I I I RECONVENEIPLEDGE CONSENT CALENDAR: MINUTES EARTHQUAKE RECOVERY 853 to approve settlement m the amount of $25,000 The motton was approved by the followmg vote AYES Councllmembers Holbrook, RosensteIn, McKeown, Feinstem, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 16-D Conference with Legal Counsel- Anticipated Litigation: Number of Cases: Four. ACTION No reportable actlOn taken On order of the Mayor the CIty Councll reconvened at 7 20 pm, wIth all members present CouncIlmember Femstem led the assemblage m the Pledge of AllegIance The Consent Calendar was presented for consIderatIOn and approval of all Items m one motlOn unless removed from the calendar for dIScussIon The public heanng was opened Members ofthe public Joy Fullmer and Bnan Hutchmgs addressed consent Items generally There bemg no other speakers, the public heanng was closed MotIon by Mayor Pro Tern Genser, seconded by Councilmember McKeown., to approve all Iterns on the Consent Calendar as presented, readIng resolutlOns and ordInances by tItle only and waiVIng further readmg thereof The motIon was approved by the followmg vote AYES Councdmembers Holbrook, Rosenstein, McKeown, FemsteIn, Mayor Pro Tern Genser, Mayor O"Connor None None NOES ABSENT 6-A The minutes of January 12, 19 and 26, 1999, CIty CouncIl meetmgs were approve as subnntted 6-B Resolution No. 9372 (CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted HIGH-RISK JUVENll..ES - 6-C Resolution No. 9373(CCS) entitled <'A RESOLUTION OF THE 2 March 16, 1999 PROBATION OFFICER PLAYGROUND SAFETY SURFACfNGFORPARKS REPAIR OF SANITARY SEWER MAINS 854 CITY OF SA.NT A MONICA RELEASING CITY FUNDS A V AlLABLE I UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT TO THE COUNTY OF LOS ANGELES TO BE USED FOR THE PURPOSE OF HIRING A DEPUTY PROBATION OFFICER FOR SUPERVISION OF HIGH-RISK JUVENILES IN THE CITY OF SANTA ~ONICA," was adopted 6-D Resolution No. 9374(CCS) entitled "A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S TIRE RECYCLING GRANT PROGRAM FOR NEW PLAYGROUND SAFETY SURFACING IN DOUGLAS, CLOVER, JOSLYN, MARINE, AND OZONE PARKS," was adopted 6-E Contract for repair of earthquake damaged samtary sewer mains in Stewart and 26th Streets and in Colorado A venue - recommendatIon to authorize the City Manager to negotiate and execute Contract No 7463(CCS) Wlth Clarke ConstructIOn Company, in the amount of $5,394,744, for the repaIr of earthquake damaged samtary sewer mams m Stewart and 26th Streets between Colorado Avenue and EXpOSItIon Boulevard, and ill Colorado Avenue between Centinela Avenue and 151 Court, and authonze the City Manager to negoTIate and execute I professional services Contract No 7464(CCS) to HarrIS & AsSOCIates, m the amount of $389,400, for constructIon management and mspectIOn SeJV1ces of the project, approve use of DIsaster RehefFunds as proposed, and, appropnate budget funds as outlined in the report, was approved 7-A Appeal of Planning Commission approval of Development Review Permit 97-013 to amend Development Review Pennit 467 for the property located at 808 Wilshire Boulevard from a gas station services APPEAL - 808 WILSRlRE use to an office, storage and retail use. Appellant: Local 814 do Ronne Auer; Applicant: Wilshire Lincoln Property c/o Mike Marino. The staff report and recommendatIOn to deny appeal and uphold the Planmng Commission approval changing the condiTIOns for the project as outlined, based on the findings and conditions listed m the report was presented by staff ADML~ISTRA TIVE PROCEEDINGS: On order of the Mayor, the public heanng was opened Roxane Auer, representmg appellant Hotel Employees Restaurant Local 814, spoke m support of the appeal MIchael Manno, representmg ApplIcant, spoke m OppOSITIOn of the appeal 3 I March 16, 1999 I I I TRANSPORTATION MANAGEMENT PLAN 855 Members of the pubhc Donald Levm Nelson, Pro Se, SylVla Shmad, Fred Whttlock, Susan Whtte, Karen Garson, Beth Leder-Pack, Jay Johnson, Gat! Escobar, Sandie RIchards, Edith Sandoval, Jeff Gtlbert, Ellen Hannan, MIke Mottola, Ruth Bocour, Gary Schultz, MIll Hannan, Janma Krupa, Stanley Kohn, George George, Doug Heller, Dolores Press, and Robm Waner spoke m support of appeal Member of the pubhc Joy Fullmer expressed her concerns Sam Ayabahan, operator of proposed gas statIon, expressed concerns regardmg lus negotiations with the apphcant Apphcant and Appellant provided rebuttals to Issues raIsed dunng the pubhc heanng There being no other speakers, the Mayor closed the pubhc heanng Motion by Mayor Pro Tern Genser, seconded by Councilmember Rosenstein, to uphold the appeal and to ask staff to return with appropnate findings mcludmg notmg the developer's non-compliance with eXlstmg condItIons such as the operation of the gas station, that developer could have chosen to be more pedestnan oriented but chose to develop the site in its present form, that developer has made no attempt to comrnumcate With residents, and any other appropnate Issues raIsed dunng the diSCUSSIon such as operation ofloading dock and dehvenes m alley The motion was approved by the followmg vote AYES CouncIlmembers Femstem, McKeow-n, Rosenstein, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 8-A Staff presented for introduction and first reading an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9.16.030, 9.16.050, 9.16.070t 9.16.080t 9.16.090t 9.16.130t AND 9.16.140 OF TRF. SANTA MONICA l\lUNICIP AL CODE RELATING TO THE CITY'S TRANSPORTATION MANAGEMENT PLAN ORDINANCE BY UPDATING TERMINOLOGY TO REFLECT INDUSTRY STANDARDSt ADDRESSING CHANGES IN AIR, QUA T.TTY REGULATIONS, AND CLARIFYING EXISTING LAW." On order of the Mayor the public heanng was opened Member of the public Brian HutchIngs expressed Ins concerns The pubbc hearing was closed thereafter 4 March 16, 1999 MAIN STREET COMl\IERCIAL DIST. USES RESOLUTIONS: MANAGEMENT TEAM ASSOCIATES MOU WRITTEN COMMUNICATIONS: BUSINESS LICENSE DENIAL LANDLORDffENANT ISSUES 856 Motlon by Councllmember Femstelll, seconded by Mayor Pro Tern Genser, I to mtroduce and hold first readmg of ordmance, readmg by tttle only, and W8.1vmg further readmg thereof Motion approved by the followmg vote AYES Counctlrnembers Femstem, McKeown, Rosenstem, Holbrook, Mayor Pro Tern Genser, Mayor O'Connor None None NOES ABSENT 8-B Staff presented for introduction and first reading an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA AMENDING mE ZONING ORDINANCE OF nrn SANTA MONICA MUNICIPAL CODE TO ADD A DEFINITION OF 'INCIDENTAL ARTS AND ENTERTALl\TMENT USES' AND ESTABLISHING CONDITIONAL USE PERMIT AND PERMIT STANDARDS FOR SUCH USES IN THE CM MAIN STREET COMMERCIAL DISTRICT." On order of the Mayor, thIS ltem was wlthdra'-\rn at the request of staff 12-A Resolution authorizing amendment to the Memorandum of Understanding with the Management Team Associates. I On order of the Mayor, actlon on this matter WIll take place at the end ofth meetmg after a closed sessIOn 13-A Request of Du S. Park to address Council regarding a demed business license application. Ms Park, assisted by mterpreter Kns Kim, requested assistance regardmg a dental for a busmess hcense The CIty Attorney advlsed that Ms Park had appealed the court's rulmg and was currently m IltlgatlOn agamst the City On order of the Mayor, due to the pendmg ltugatlOn.. the mformatlOn was receIved and filed 13-B Ms. Patricia Lancaster addressed Council requesting an ordinance allowing pets residing in apartments prior to January 1, 1999, to be allowed to stay. On order of the Mayor, the pubhc hearmg was opened The followmg members of the public spoke m support of the request Pam Vavra, Kns Langabeer, Chuck Allord, Mary Ann Lmk, and Diana Rodgers I 5 March 16, 1999 I I I 2712 2ND STREET COUNCIL ITEMS L.A. WEST VECTOR CONTROL RECREATION AND PARKS BLDG. & SAFETY LACTATION SUPPORT PROGRAM 857 Motion bv Councdmember Femstem, seconded by Mayor Pro Tern Genser, to contmue past 11 00 P rn MotIon unarumously approved by voice vote Motion by Mayor Pro Tern Genser, seconded by Mayor O'Connor, to direct staff to report to Councll, via mfonnatlOn or staff report, whether Council has the authonty to enact legtslatlOn as proposed The motlon was approved by VOIce vote, Wlth all present 13-C Mr. S. Forest King addressed Counril requesting to expedite the decision on the 2712 2nd Street Landmarks issue. On order ofthe Mayor, the publIc heanng was opened RIck Laudatt and Brian Hutchmgs spoke In support of the request There bemg no other speakers, the Mayor closed the public hearing On order of the Mayor, the mformatlOn was received and filed Staff was directed to review process and report to CouncIl 14-A. The appointment to one vacancy on the Los Angeles County West Vector Control District for a term ending December 31,2000, was continued to April 27, 1999. 14-B The appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending June 30,1999, was presented. Councdmember Holbrook nominated Ned Carrey for a term ending June 30, 1999 There were no other nominations By unammous VOIce vote, Nell Carrey was appoInted to the vacancy 14-C The appointment to one unscheduled vacancy on the Building & Safety Commission for a term ending June 30, 2000, was continued to April 27, 1999, on order of the Mayor. 14-D Request of Mayor Pro Tem Genser to direct stafTto investigate, and initiate if appropriate, policies supportive of city employees who are breast-feeding their children was presented. Motton by Mayor Pro Tern Genser, seconded by CounCllmember Holbrook, to approve request and direct staff to look at enhancements to CIty Hall for ease of use by members of the public The motIOn was unarumously approved by voice vote, With all Councilmembers present 6 March 16, 1999 FREEW A Y LANE MARKINGS PUBLIC INPUT RECESS/CLOSED SESSION Council member Holbrook excused at 12'30 pm RESOLUTIONS: MTA - MOU 858 14-E Request of Mayor Pro Tern Genser that Council send a letter to I Caltrans, as suggested by the Commission on Older Americans, urging the agency to restore lane markings on area freeways. Member of the pubhc Bnan Hutclungs expressed hIs concerns Motion by Mayor Pro Tern Genser, seconded by Counctlmember Rosenstem, to dIrect staff to draft a letter for the Mayor's sIgnature The motlon was unammously approved by VOIce vote, W1th all Councllrnembers present PUBLIC INPUT- The following members of the public spoke Brian HutchIngs expressed concerns regardmg the CIty'S Pubhc Electromc Network (PEN) Art CaSIllas spoke regardmg crune statIstIcs m the CIty of Santa Momca On order of the Mayor, the City CouncIl recessed at 1230 a rn, to a closed seSSlOn and reconvened at 12 48 a rn , WIth CounCllmember Holbrook absent 12-A Resolution authorizing amendment to tbe Memorandum of Understanding with the Management Team Associates. I Motion by Mayor O'Connor, seconded by Councilrnember McKeown, to approve Contract No 7645(CCS) and adopt ResolutlOn No 9375(CC5) entltled_ "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDlJM OF UJ\.1J)ERST ANDING WITH THE MANAGEMENT TEAM ASSOCIATES," readmg by tItle only, and WalVlllg further readmg thereof The motIOn was approved by the following vote AYES Councdmembers Rosenstein, McKeown, Feinstem, Mayor Pro Tern Genser, Mayor O'Connor None Councdmember Holbrook NOES ABSENT 7 I March 16, 1999 I I I ADJOURNMENT 859 On order of the Mayor, the CIty Couned meetmg was adjourned at 12 50 a m to March 23, 1999 at 6 15 pm, m memory of Chnstme ClaD and Anthony '"Tony" Juarez ....... ATTEST ~~,~ Mana M Stewart CIty Clerk APPROVED ~Ci2I-- Pam O'Connor Mayor 8 March 16, 1999