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M-2/16/1999 834 CITY OF SANTA MONICA I 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 I 1 February 16, 1999 I I I 835 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 2 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 I 3 February 16, 1999 I I I 837 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 4 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 I 5 February 16, 1999 I I I 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 6 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 ~ ~ ~"'~ I.. G;;.~ Pam O'Connor Mayor I APPROVED Mana M Stewart CIty Clerk I 7 February 16, 1999