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