M-2/16/1999
834
CITY OF SANTA MONICA
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CITY COUNCIL MINUTES
FEBRUARY 16, 1999
A regular meetlOg of the Santa MOllIca CIty Councd was called to order by Mayor O'Connor at
620 pm, on Tuesday, February 16, 1999, at the Main LIbrary Auditonurn, 1343 6th Street
Roll Call
Present
Mayor Pam O'Connor
Mayor Pro Tern Ken Genser
Councilmember Michael Feinstein
Councilmember Robert T Holbrook
Councdmember KeVIn McKeown
Councdmember Paul RosensteIn
Also Present
CIty Manager John Jalili
Actmg City Attorney Joe Lawrence
CIty Clerk Mana M Stewart
CLOSED SESSIONS
CLOSED SESSIONS At 6 20 pill, CounCIl adjourned to Closed SessIOn
to consider the following I
16-A Conference with Legal Counsel- Existing Litigation CIty of
Los Angeles V County SanitatIOn DIstnct No 4, CIty of Santa
Monica, et al, Case No BC 128412
Mollon by Mayor Pro Tern Genser, seconded by CouncIlmember
Femstel1l, to approve Settlement Agreement No 7451(CCS) WIth
the CIty of Los Angeles The motion was approved by the
following vote
Ayes
Counctlmembers Femstem, McKeown,
Mayor Pro Tern Genser, Mayor O'Connor
None
Councilmembers Holbrook, Rosenstem
Noes
Absent
16-B Conference with Labor Negotiator
City NegotIator Karen Bancroft, Personnel DIrector
Bargammg Units Supervisors Team Associates (ST A)
ACTION Approved See Item No 12-A
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February 16, 1999
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16-C
Conference with Legal Counsel ~ Existing Litigation Rmg
Tradmg CorporatIOn v CIty of Santa Moruca, Case No Be
172044 (consolidated With Mountam VIew MobIle Inn ResIdents
AsSOCIatIon, Ine , v CIty of Santa Moruca, et al , Case No SC
052672
ACTION No reportable actlOn taken
RECONVENEIPLEDGE On order ofthe Mayor, the CouncIl reconvened at 7 14 pm, wIth all
members present Councilmember F elOstein led the assemblage in the
Pledge of Allegiance to the Flag
INSPIRATION A moment of msplratton was provIded by Renonda RIchardson and Fonda
Tall In commernoratI.on of Black HIstory Month
ADMINISTRATIVE
PROCEEDINGS:
APPEAL - 2712 2ND
STREET
7-A APPEAL OF LANDMARKS COMMISSION'S
DESIGNATION OF A STRUCTURE LOCATED AT 2712 2ND
STREET AS A CITY LANDMARK Presented was the appeal of the
Landmarks Cornnusslon' S deslgnatlon of a structure located at 2712 2nd
Street as a City landmark and the recommendation of staff to uphold the
deelSfon wIth the finding listed m the report, and to give staff dIrectIon
regardmg alteratIon, relocation, or demohtlOn of the structure
Applicant Landmarks ConumssIon
Appellants Umted Methodist Church and
Ocean Park Community OrganizatIOn
On order ofthe Mayor, the pubhc heanng was opened Susan Loughrruller
and Rrck Laudati, representzng the appellant Ocean Park Commuruty
Orgarnzation, spoke m support of the appeal and m oppOSltlon to the
demohtlOn of the structure
Beth Leder-Pack, representmg the appellant Uruted MethodIst Church,
spoke m support of the appeal and III OppOSItIOn to the demohtlOn of the
structure
Valene Nagel and Chns Harding, representmg the apphcant, spoke III
support of the Landmarks deCISIon and III opposIt1on to the appeal
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February 16, 1999
836
The followmg members of the publIc spoke m support of the appeal and in I
OpposltlOn to the demohtlOn of the structure Joy Fullmer, Fred Wlntlock,
Kathleen Masser. Anne Mane Blakey, SandIe Richards, Mike Salazar, Gary
Gordon, Jeff Gilbert, and Richard Orton The followmg members of the
pubhc spoke m opposltlon to the appeal and in support of the Landmarks
decIsion Jeffrey Roberts, Ahson St Onge. Jorge Casuso, and Bnan
Hutchmgs
The following members of the pubhc spoke m support of allowmg the
apphcant to process penruts concurrently with the efforts of the appellants
Forest King, Lou D'Ehas, and Michelle Abrams
Rebuttals were presented by all apphcants and appellants There bemg no
further speakers, the Mayor closed the publIc heanng
Motion by CouncIlmember Rosenstein, seconded by Councdmember
McKeown., to uphold the deSIgnation, but overturn the deciSIOn to allow
demohtion of the structure, reqUIre a CEQA reVIew to determIne whether
the alteratIons present a s]grnficant unpact on the lustonc resource, dIrect
staff to process the applicatIon m order that the situatIon be equitable, WIth
the condition that nothing WIll move forward until after the CEQA analYSIS
]s completed and the ult]mate CEQA deCISIon is made The motIon was I
approved by the followmg vote
Ayes.
Councilmembers Holbrook, Rosenstein, McKeown, Femstein,
Mayor Pro Tern Genser, Mayor O'Connor
None
None
Noes
Absent
RECESS
RECESS On order ofthe Mayor CouncIl recessed at 9 20 pm, and
reconvened at 9 45 pm, with all members present
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February 16, 1999
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APPEAL - PACIFIC PARK7-B APPEAL OF PLANNING COMMISSION APPROVAL TO
HOURS OF OPERATION ALLOW EXPANSION OF PACIFIC PARK'S HOURS OF
OPERATION, INCREASE NUMBER OF HOLIDAYS, AND ALLOW
FOR UP TO 24 ANNUAL PRIVATE EVENTS Presented was the staff
report recommendIng upholdmg the appeal and modIfymg the Planning
CommISSIOn's approval of Development ReVIew 98-002 to amend
conditions of approval stipulated m DR 91-006 to allow expanSIon ofPactfic
Park's hours of operatIon, to Increase the number ofhohdays when the park
IS permttted expanded operatmg hours, and, to allow specIal hours for up to
24 pnvate events at the amusement park annually
ApplIcant Santa MOllica Amusements, L L C
Appellants Ellen Brennan and Tom Ray
On order of the Mayor, the publIc heanng was opened
Appellant Ellen Brennan spoke m support of the appeal and In opposItion to
the Planning Commission decision
Maryann Powell, representing the apphcant. Santa MOllica Amusements,
L L C , spoke m support of the Planmng COffillllsslon deCISIon and In
OppOSitIon to the appeal
The followmg spoke m support of the Plannmg COmmISSIOn deCISIon and m
oppositIon to the appeal Kathy Werennuk, Herb Katz, Jerry Rubm, Joe
Convery, Tom Ray, Danen Morea, John Risatti, Rose Kaufinan, Jan
Palcmcoff, Irene ZlVl, Thane Frome, Lmda Brown, Cmdy Kondo-Lowe,
Joan GutIerrez, and Richard Chacker
The following spoke in support of the appeal and In OppOSItion to the
Plannmg COtnmlSSIOn deCISIon RIchard Seiger, John Krause, and Stepharue
BarbaneIl
Motion by Councllmember F em st ein, seconded by Councllmember
McKeown, to contmue the meetmg past 11 00 P ill The motIOn was
approved by voice vote
The followmg spoke in support of the Planmng CommiSSIon deCISIon and In
OppOSItIon to the appeal Cmdy pfetfer, Keith Fomay, Jesse RIvera, Dana
Wyatt, Murray Gould, Mark Tischler, Andy Astrachan, Tom Doty, Michael
K1em, Dan Ehrler, Ed Simmons, Dave Thomas, LOUIse Gabnel, Linda
Sullivan, Jason Martin, Bnan Hams, TIm Legel, DaVId Yaeger, Bill Spurgm,
and John Eichen
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February 16, 1999
838
The followmg spoke In support of the appeal and In OpposItIon to the? I
PlannIng COmmISSIOn deCISion Juan Manuel Roecha, J D Simpson, Una
Sub, Susan Whtttle, LoUlse Steiner, George Ollen., Greg Cole, Chuck Allor
Matt Neco, and David Roth
Rebuttals were presented by apphcants and appellants On order of the
Mayor, the pubhc hearmg was closed
COUl1cllmember Holbrook
was excused at 12 -40 a.m.
It was the consensus of Council to contmue deliberatIons and action on tlus
matter to February 23, 1999, due to the lateness of the hour
ORDINA...""iCES SALE OF 8-A WAITING PERIOD FOR THE SALE OF RIFLES, REPLICA
FIREARMS FIREARMS, AND THE SALE AND POSSESSION OF FIREARMS,
KNIVES AND OTHER DEVICES BY MINORS The ordinance was
CouncIlmember Rosenstem presented for second reading and adoption
was excused at 12 45 P m
Motion by Mayor Pro Tern Genser, seconded by Councilrnember McKeown,
to adopt Ordtnance No 1935(CCS) entitled <<AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING
ONE CHAPTER Al\'D VARIOUS SECTIONS OF THE SA."NTA
MONICA MUNICIPAL CODE RELATING TO THE WAITING PERIOD
FOR THE SALE OF RIFLES, REPLICA FIREARMS, AND THE SALE I
AND POSSESSION OF FIREARMS, KNIVES AND OTHER DEVICES
BY MINORS," readmg by title only and watVlng further readmg thereof
The motIon was approved by the following vote
Ayes
Counctlmembers McKeown, Femstein, Mayor Pro Tern Genser,
Mayor O'Connor
None
Councdmernbers Holbrook, Rosenstem
Noes
Absent
INCREASE OF LOT
WIDTH AND DEPTH IN
Rl DISTRICT
8-B INCREASE OF WT WIDTH AND DEPTH IN Rl DISTRICT
WITHIN THE AREA BOUNDED BY FIRST COURT ALLEY, 7TH
STREET, MONTANA PLACE NORTH ALLEY, AND ADELAIDE
DRIVE Mayor Pro Tern Genser advised he had to recuse rumself from
voting on this matter due to potential confltct of interest
On order of the Mayor, adoptIon of ordinance was continued due to an
msuffiClent number ofCouncllmernbers present to February 23, 1999
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February 16, 1999
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AUTO REPAIR
BUSINESSES
839
8-C SECOND READING AND ADOPTION OF ORDINANCE
RELATIVE TO AUTO REPAIR BUSINESSES
On order of the Mayor, second readmg and adoption was oontmued to
February 23, 1999
STAFF ADMIN ITEl\'IS: 9-A CONTRACT FOR PURCHASE OF RENEW ABLE ENERGY
RENEWABLE ENERGY FOR CITY FACIDTIES- The contract was contmued to February 23,
1999
RESOLUTIONS MOU
WITH SUPERVISORS
TEAM ASSOCIATES
WRITTEN
COMMUNICA TIONS
DENIAL OF BUSINESS
LICENSE APPLICA nON
COUNCll..MEMBER
DISCUSSION ITEMS
A TM FEES
12-A AMENDMENT TO MEMORANDUM OF UNDER-
STANDING WITH SUPERVISORS TEAM ASSOCIATES MotIOn by
Councilmember Femstem, seconded by Mayor Pro Tern Genser, to approve
Contract No 7452(CCS) and adopt ResolutIon No 9367(CCS)entltled "A
RESOLUTION OF THE CITY OF SM'TA MONICA TO AUTHORIZE
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
MEMORANDUM OF UNDERST ANDING WITH SUPERVISORS
TEAM ASSOCIATES:' readmg by title only and waiVIng further readmg
thereof The motIon was approved by the followmg vote
Ayes
Councilmernbers McKeown, Feinstem, Mayor Pro Tern Genser,
Mayor O'Connor
None
Councilrnembers Holbrook, Rosenstem
Noes
Absent
13-A DENIED BUSINESS LICENSE APPLICATION Presented
was the request of Bu S Park to address Council regardmg a derued
bUSIness hcense apphcatlOn Tills Item was contmued to the meetmg of
February 23, 1999, at wInch time the CIty will proVIde an mterpreter
14-A. EXCESSIVE AUTOMATED TELLER MACHINE FEES
Presented was the request of Councilmembers Feinstem and McKeown to
diSCUSS a proposal to direct staff to research hffiltmg local excessive
automated teller machIne (AIM) fees and return With recommendations
Motion by Councilmember McKeown, seconded by Counctlmember
F emstein, to approve request The motIon was unammously approved by
VOIce vote, CouncIlmembers Holbrook and RosensteIn absent
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February 16, 1999
ACTIVITY IN PUBLIC
LAND DISTRICT
PUBLIC INPUT
ADJOURNMENT
840
14-B LIMITED COMMERCIAL ACTIVITY IN PUBLIC LAND I
DISTRICT Presented was the request of Mayor Pro Tern Genser to direct
staff to inItiate a process to amend the Zoning Ordmance to allow limited
commercIal activity m the Pubhc Land Distnct Motion by Mayor Pro Tern
Genser, seconded by Councilmember FeInstem, to approve request The
motIon was unanimously approved by voice vote, Councilmembers
Holbrook and Rosenstem absent
15 PUBLIC INPUT Member of the pubhc Bnan Hutchings
discussed electIon procedures Member of the pubhc ClInt MartIn dtscussed
issues relatmg to ins arrest and a medical conditIOn whtch may have been a
factor in receiving a citation from the PolIce Department
At 1 15 am, the meetmg was adjourned to February 23, 1999, at 6 15 pm,
m memory ofKmg HusseIn
i;...
ATTEST
~ ~ ~"'~
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G;;.~
Pam O'Connor
Mayor
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APPROVED
Mana M Stewart
CIty Clerk
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February 16, 1999