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M-11/10/1998 I I I 727 CITY OF SANTA MONICA CITY COUNCIL :MINUTES NOVEMBER 10, 1998 A regular meetIng of the Santa Momca Cny CouncIl was called to order by Mayor Holbrook at 6 18 pm, on Tuesday, November 10, 1998, In the CouncIl Chambers Roll Call Present Mayor Robert T Holbrook Mayor Pro Tern Pam 0' Connor Councllmember Ruth Ebner Councllmember MIchael Femstem Councllmember Ken Genser Councllmember Paul RosensteIn Also Present City Manager John Jahli City Attorney Marsha Jones Moutne CIty Clerk Marta M Stewart CLOSED SESSIONS CLOSED SESSIONS At 6 18 pm, Councll adjourned to Closed SessIOn to conSIder the follOWIng 16-A Conference with Legal Counsel- Existing Litigation Jatal Chlanlan v. City of Santa Momca_ et al , Supenor Court Case No SC 046 191 Motton by Mavor Pro Tern OTonnoL seconded by - - .... Councllmember F eInstem, to approve settlement m the amount of $91,902 14, m the case of lalal Chlantan v. CIty of Santa MOnIca. et a1. The molton was approved by the followmg vote Ayes Counctlmembers Ebner, Rosenstem, Genser, FeInsteIn, Mayor Pro Tern O'Connor Mayor Holbrook None None Abstam Noes Absent 16-B Conference with Legal Counsel- Existing Litigation Albert Stelchen_ et al y CIty of Santa MOnIca_ et al" Supenor Court Case No SC 041 545 16-C Conference with Legal Counsel - Existing Litigation November 10, 1998 RECONVENEJPLEDGE SPECIAL ITEl\'IS: VACANT CITY COUNCIL SEAT 728 Kanm Kamal, et al v Clty of Santa Momca, et al . USDC Case I No CV 95-1025 16-D Conference with Legal Counsel - Existing Litigation Cltv of Los Aneeles v. County SamtatJon DIstrIct Nos 4.5.9. - - - 16. and 27 of Los Angeles County and Related ActIons, Case No BC 034 185 ACTION No reportable actIOn taken on Items 16-B through 16- D 16-E Conference with Labor Negotiator CIty NegotIator Karen Bancroft, Personnel DIrector BargalDlDg Umts Pubhc Attorneys-Legal Support StaffUmon (pALSSU) ACTION Not heard 16-F Conference with Legal Counsel- Existing Litigation Ring Tradmg CorporatIon v City of Santa Momca, Case No BC 172 044, consohdated WIth MountaIn VIew MobIle Inn ResIdents AssoClatIoD_ Ine _ v. CIty of Santa MOnIca. et at, Case No SC I 052 672 16-G Conference with Legal Counsel - Existing Litigation Cltv of Santa MOnIca v. Henrv Walther. et aL Case No SC 043 - - 522 16-H Conference with Legal Counsel - Existing Litigation Bret Carr v. City of Santa MOnica, U S Dlstnct Court No CV 97-8765 HLH (Ex) ACTION 16-H No reportable action taken on Items 16-F through CouncIl reconvened at 7 14 pm. wIth all Councllmembers present CouncIlmember Ebner led the assemblage m the Pledge of Allegiance to the Flag of the United States of Amenca 4-A VACANT CITY COUNCIL SEAT Presented was the staff report and ensuing diSCUSSIOn relating to the appomtment to an unscheduled vacant CIty Council seat or adoptlon of an emergency ordIllance setting an election date and necessary I 2 November 10. 1998 729 I resolutIOns callmg a special electIOn for the purpose of filImg the vacant seat Member of the pubhc Joy Fullmer expressed her concerns Member of the publIc Judy Abdo urged CouncIl to make an appomtment rather than having a speclaJ electJon The folloWlllg members of the pubhc urged Councll to appoint R1chard Bloom Jerry Rubm, Clarence-Jon HeIsler, CaJdecott Chubb, Karm Greenwalt, Edward Greenwalt, Emmahe Hodgm, Alhson Velkes, Jenmfer Polhemus, Ronald Roose, LOUlse Jaffe, Frank SchweItzer, Sean Daniel, and Tom Pratt Member of the pubhc Shemll Kushner suggested that CounCIl appolllt LOUlse Jaffe If It chooses not to appoint RIchard Bloom MotIon by Councllmember Gensel. seconded by Councllmember Feinstein, to hear late speakers for one mlllute each I Member of the pubhc Bnan Hutchmgs expressed hIS concerns Member of the pubhc John Petz suggested that CounCIl appomt DaVId Cole If It chooses not to appoint Richard Bloom Member of the publIc Kathy Kmght urged CounCIl to appomt Richard Bloom Mayor Holbrook opened the floor to nommatlons for appomtment to an unscheduled vacancy on the City CouncIl Mavor Pro Tern O'Connor nommated RIchard Bloom Councllmember Rosenstem nom mated Susan Cloke The nommatIons faded by the folloWlllg vote Mayor Pro Tern 0' Connor Counctlmember Femstem CouncIlmember Genser CouncIlmemher Rosenstem Counctlmember Ebner Mayor Holbrook Rtchard Bloom Rtchard Bloom RIchard Bloom Susan Cloke Abstam Susan Cloke I Councllmember Rosenstem nommated Kathy Weremmk Mayor Pro Tern O'Connor nom mated Rtchllrd Bloom The nommatlOns faded by the followmg vote ,., .J November 10. 1998 730 Councllmember Ebner Councllmember Rosenstem Councllmember Genser Councllmember F emstem Mayor Pro Tern O'Connor Mayor Holbrook Abstam Kathy Weremmk Richard Bloom Rtchard Bloom Rtchard Bloom Kathy Weremmk I Councllmember Femstem nommated R1chard Bloom Councdmember Rosenstem nom mated Shari DavIs The nommatlOns faded by the followmg vote Mayor Pro Tern O'Connor Councdmember F emstem Councllmember Genser Councllmember Rosenstem Councllmember Ebner Mayor Holbrook R1chard Bloom Rtchard Bloom R1chard Bloom Shan Davis Abstam SharI DavIs Mayor Pro Tern O'Connor nom mated LoUise Jaffe Councdmember Genser nommated RIchard Bloom Mayor Holbrook nom mated Jean Sedillos The nominatIons faded by the fol1owmg vote CouncIlmember Ebner Councllmember Rosenstem Counctlmember Genser Counctlmember F emstem Mayor Pro Tern O'Connor Mayor Holbrook Jean Sedlllos Abstain RIchard Bloom RIchard Bloom LOUIse Jaffe Jean SedIllos I Mayor Pro Tern O'Connor nommated LOUIse Jaffe Counctlmember Ebner nommated Clvde Smith Councdmember Genser nom mated Rtchard Bloom The nommatlOns faIled by the followmg votes Mayor Pro Tern O'Connor Councilrnember Femstem Councilmember Genser Councilrnember Rosenstem Councilmember Ebner Mayor Holbrook LOUIse Jaffe Rtchard Bloom RIchard Bloom Abstam Clyde Smith Clyde Smith 4 November 10, 1998 I Motion bv Councilmember Rosenstem. seconded bv 731 I Councllmember Ebner, to hold a specIal electIOn to fill the unscheduled vacancy on the CIty CouncIl on Tuesday Apn127, 1999 SubstItute motIOn bv Councdmember Genser to contmue thIS diSCUSSIon to Thursday evenmg The motion was seconded by CouncIlmember Feinstem, WIth the stIpulation that If Thursday mght IS not acceptable to some counCIl members that Wednesday evemng be conSIdered as an optIon The motIon faded by the followmg vote Ayes Councllmembers FeInsteIn, Genser, Mayor Pro Tern O'Connor Councllmembers RosensteIn, Ebner, Mayor Holbrook None Noes Absent The malO motIon faIled by the followmg vote Ayes Noes Councdmembers Ebner, Rosenstem, Mayor Holbrook Councdmembers Genser, Feinstein, Mayor Pro Tern 0' Connor None I Absent CouncIlmember Femstem nommated LOUIse Jaffe CouncIlmember Genser nom mated RIchard Bloom The nominatIons faded by the followmg votes Counctlmember Ebner Councdmember Rosenstem Councilmember Genser Councilmember F em stem Mayor Pro Tern O'Connor Mayor Holbrook Abstam Abstam RIchard Bloom LOUIse Jaffe LOUIse Jaffe Abstain MotIon by CouncIlmember F em stem to dIrect staff to mvestIgate the feasibilIty of holdmg an electIOn on a Saturday or Sunday, and/or to dIrect staff to prepare an ordmance to conduct a Saturday and Sunday electIon, wtthm the proXImIty of Apn127, 1999, and consult wtth local clergy of the appropnateness of those days I Councilmember Genser seconded the motIOn. WIth the stIpulatIon that staff proVIde mformatlon WIth regard to a range 5 November 10. 1998 MOTION TO HEAR SPEAKER OUT OF ORDER ACCESSIBILITY TO SPEAKJUSE OF CITY AND HOUSING AUTHORITY FUNDS RECESS CONSENT CALENDAR: 732 of dates. from the earhest date forward The amendment was accepted as fnendly I The motion faded by the followmg vote Ayes Councdmembers Genser, Femstem, Mayor Pro Tern 0' Connor Councilmernbers Ebner, Rosenstem, Mayor Holbrook None Noes Absent MotIon by Mayor Holbrook. seconded by Councilmember Rosenstem, to ask the CIty Clerk to explore other opportumtIes for dates, not mcludmg the optiOn of votmg on a Saturday or Sunday The motIon faded by the followmg vote Ayes Councdmembers Ebner, RosensteIn, Mayor Holbrook Noes Councdmembers Genser, Femstem, Mayor Pro Tern 0' Connor Motion bv Mayor Holbrook.. duly seconded, that the Issue of setting a special electIOn date will be carned forward to the meeting of Novernber 24, 1998 The motIon was unanimously approved by VOIce vote I Mohon by CQuncIlmember FemsteIn. second~d by Councilmember Genser. to hear Item No 13-A at thIS tIme The motIon was approved by VOice vote 13-A ACCESSffiILITY TO SPEAK BEFORE COUNCIL AND USE OF CITY AND HOUSING AUTHORITY FUNDS Pro Se the Advocate thanked the BuIldmg & Safety Department for Its aSSIstance and addressed CouncIl regardmg accessIbIlIty to speak before CouncIl and the use of City and Housmg Authonty funds On order of the Mayor, the mformatIon was receIved and filed Return to regular order of agenda. On order of the Mayor, the City CouncIl recessed at 9 02 pm, and reconvened at 933 pm, With all members present The Consent Calendar was presented for all Items to be considered and approved In one motion unless removed from the I 6 November 10. 1998 I I I 1\.fiNUTES EARTHQUAKE RECOVERY RESOLUTION CNG THREE-WHEELED VEHICLES PARKING - COASTAL AREA EARTHQUAKE REPAIRS (Item withdrawn) 733 calendar for dIscussIOn Members of the pubhc Joy Fullmer and KeCIa Weller addressed Items on the Consent Calendar Motion by Mayor Pro Tern O'Connor. seconded by Councllmember Genser, to approve the Consent Calendar. wah the exceptIon of Item No 6-E, whIch was wIthdrawn at the request of staff, readmg resolutions and ordmances by title only and waIvmg further readmg thereof The motIOn was approved by the followmg vote Ayes Councilmembers Ebner, Rosenstem, Genser, Femstem, Mayor Pro Tern O'Connor, and Mayor Holbrook None None Noes Absent 6-A APPROVAL OF MINUTES The mmutes of the September 22, 1998, Cay Couned meetmg were approved 6-B EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE) ResolutIon No 9333(CC5) entltled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 6-C PURCHASE OF THIRTEEN CNG THREE- WHEELED VEIDCLES The purchase from MUnICIpal Mamtenance EqUIpment, Ine, m the amount of $350,10027, to purchase CNG powered three-wheeled vehIcles for the Pohce Department and Commumty and Cultural ServIces Department was approved 6-D PARKING UTILIZATION AND CIRCULATION IN THE COASTAL AREA Contract No 7413(CCS) was awarded to Kaku ASSOCIates, Inc, m the amount of $109,400, mcluding contmgencIes, to develop measures to Improve parkmg supply, Ul1hzatlOn, and vehIcular cIrculatlOn throughout the coastal area 6-E EARTHQUAKE REPAIRS AND INTERIM IMPROVEMENTS The contracts for constructIon for earthquake repaIfs and mtenm Improvements to the mam hbrary 7 November 10. 1998 RECYCLED MIXED PAPER BEVERAGE CONTAINER RECYCLING SHORING PERMITS! RIGHT-Of-WAY CHANGE OF rvtEETING PLACE FOR CITY COUNCIL BA YSIDE DISTRICT HOLIDAY DECORATIONS 734 and facIhtIes mamtenance at varIOUS CIty facIllttes was wIthdrawn at the request of staff I 6-F COLLECTIONt HANDLING, TRANSPORT, PROCESSING AND MARKETING OF RECYCLED MIXED PAPER MATERIALS Contract No 7414(CCS} was approved WIth Amencan Waste IndustrIes, for an amount not to exceed $378,000, to proVIde servIces of collectIon, handhng, transport, processing and marketmg of recycled mixed paper matenals at deSIgnated locattons WIthin the CIty of Santa MOllica and revenue budget mcreases were approved as recommended in the report 6-G BEVERAGE CONTAINER RECYCLING SERVICES The City Manager was authonzed to accept $23,906 III grant funds from the CalifornIa Department of Conservatton for beverage contalUer recychng services at restaurant facilities located on the Third Street Promenade 6-H SHORING PERMITS ENCROACHING THE RIGHT- OF-WAY ResolutIOn No 9334(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A FEE FOR SHORING PERMITS ISSUED BY THE ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT DEPARTMENT," was adopted I 6-1 CHANGE OF MEETING PLACE FOR CITY COUNCIL Resolutton No 9335(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CHANGING THE PLACE FOR THE HOLDING OF CITY COUNCIL MEETINGS," was adopted, thereby changmg the location of CIty CounCIl meetlllgs from the Counctl Chambers at CIty Hall to the Malll LIbrary AudItonum effectIve December 15, 1998 6-J. HOLIDAY DECORATIONS An expenditure not to exceed $91,550 was authonzed to reimburse Bayslde DIStrIct Corporation for the purchase and Installation of new hohday decor and Thrrd Street Promenade art banners 8 November 10, 1998 I I I I BA YSIDE DISTRICT CORP - ARTICLES OF INCORPORATION ADMIN PROCEEDINGS: RECONSIDERATION OF TEXACO APPEAL 735 6-K AMENDMENTS TO BAYSIDE DISTRICT CORPORATION'S ARTICLES OF INCORPORATION The City Manager was authonzed to approve amendments to the Bayslde Dlstnct CorporatIon's artIcles of IncorporatIOn and bylaws changmg the name of the corporatIon to "Santa Momca Downtown DIstnct," and an amendment to Agreement No 6979(CCS) was approved changIng the name of the corporatIon and amendIng certam language In SectIon XV regardmg msurance reqmrements and mdemmficatIon 7-A RECONSIDERATION OF PLANNING COMMISSION APPROVAL OF ADDITION OF CONVENIENCE STORE TO EXISTING GAS STATION AT 1410 PICO BOULEVARD (TEXACO) Presented was the staff report recommendmg reconSIderatIon of Appeal 97-001 ofPlanmng Commission Approval of CondItIonal Use PermIt 96-012 to allow the addItIon of a convemence store to an eXIstIng self- servIce gas statton located at 1410 Pico Boulevard, overturn the determinatIon of the Plannmg Commission, uphold the appeal and approve CUP 96-023 based on modIfied findmg and condItIOns of approval ApphcantJAppellant Texaco Refimng and Marketmg, Ine On order of the Mayor, the pubhc hearmg was opened Patrick FIedler, representtng the ApplIcant/Appellant, spoke m support of the appeal and m OppOSItIon to the Planmng CommISSIon deCISIon The followmg members of the pubhc spoke III oppositton to the appeal and 10 support of the Plannmg CommIssion decISIOn Clarence-Jon HeIsler, RIck Laudatl, CynthIa Cottam, and Kathy Kmght There bemg no further speakers, the publIc heanng was closed Patnck FIedler presented a rebuttal MotIon bv Councllmember Femstem_ dIed for lack of a second_ to contInue this Item to the meetmg of November 24, 1998, and direct the Traffic Engmeer to examme the questIOn about the nght turn only from the western dnveway Motion bv Councllmember Rosenstem. seconded bv Mavor - - - Holbrook, to continue thIS item to the meetmg of November 24, 1998 The motton failed by the followmg vote 9 November 10, 1998 736 Ayes Noes Councllmember Rosenstem, Mayor Holbrook Councilmembers Ebner, Genser, Femstein, Mayor Pro Tern O'Connor None I Absent MotIon by Councllmember GenseL seconded by Mayor Pro Tern O'Connor, to uphold the Plannmg CommissIOn deCISIon and deny the appeal Counctlmember Rosenstem requested that the record reflect that he WIll be abstatmng from voting on the above motIon because he feels that 11 IS very bad planning to make a decision this evening when all the mformation needed Will be avatlable at the next meetmg The motIon was approved by the followmg vote Abstain Noes Absent Councllmembers Femstem, Genser, Mayor Pro Tern O'Connor, Mayor Holbrook Councllmember Rosenstein Councdmember Ebner None Ayes MotIon bv Councilmember Feinstem. seconded bv I Council~ernber Genser, to continue the meetmg past 11 00 P rn The motIon was unanImously approved by VOIce vote ORDINANCES: DEVELOPMENT REVIEW PE"MllT THRESHOLD 8-A CALCULATION OF DEVELOPMENT REVIEW PERMIT THRESHOLD The ordinance was presented for second readmg and adoption Motion bv Counctlmember Rosenstein. seconded bv - - Councdmember Genser, to adopt Ordinance No 1927(CC5) entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTIONS OF THE ZONING ORDINANCE TO ALLOW SQUARE FOOT AGE DEVOTED TO RESIDENTIAL USES IN THE RVC, BCD, BSCD, C2, C3, C3-C, C4, C6, CM, AND CP DISTRICTS TO BE REDUCED BY 50% FOR PURPOSES OF CALCULATING THE DEVELOPMENT REVIEW PERMIT THRESHOLD AND MODIFYING AND ADDING SECTIONS TO THE ZONING ORDINANCE TO REQUIRE THAT PROJECTS wmCH TAKE ADVANTAGE OF THIS SQUARE FOOTAGE REDUCTION BE DEED RESTRICTED TO MAINTAIN THE RESIDENTIAL USE OF THE PROJECT," 10 November 10, 1998 I I I I PREFERENTIAL PARKING ZONES Cannel/member Ebner was excused at 11.06 p.rn RESOLUTIONS CITY- OWNED PROPERTY 737 readmg by tItle only and W31VIng further readIng thereof The motion was approved by the followmg vote Ayes Counctlmember Femstem, Genser, Rosenstem, Mayor Pro Tern O'Connor, Mayor Holbrook Counctlmember Ebner None None Abstam Noes Absent 8-B DE SIGNA TION OF PREFERENTIAL PARKING ZONES Presented was an ordInance for Introduction and first readIng deleting vanous secttons of the mumclpal code relatmg to the desIgnatiOn of preferentIal parkmg zones, and, adoptIOn of a resolutiOn re-estabhshmg varIOUS preferential parkmg zones On order of the Mayor, the public heanng was opened Member of the pubhc Susan Henderson spoke m support of the staff recommendatiOn Member of the pubhc Bnan Hutchmgs expressed hIs concerns There bemg no further speakers, the public hearmg was closed Motion bv Counctlmernber FemsteIn. seconded bv - - Councilmember Genser, to introduce for first readIng an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DELETING VARIOUS SECTIONS OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE DESIGNATION OF PREFERENTIAL PARKING ZONES," reading by tItle only and w31vmg further reading thereof The motion was approved by the followmg vote Ayes Counctlmember Rosenstem, Genser, F emstem, Mayor Pro Tern O'Connor, Mayor Holbrook None Councilrnember Ebner Noes Absent 12-A RESOLUTION DECLARING CITY-OWNED PROPERTY iiNO LONGER NEEDED" (1833 18m STREET) Presented was the staff report recommendmg adoptIon of a resolutIon declaring the City-owned property at 1833 18th Street "no longer needed for purpose acqUIred nor for any other pub lie purpose", authonzatIon for staff to proceed WIth 11 November 10. 1998 WRITTEN COMM. NOISE ORDINANCE VIOLATIONS LANDMARKS COMMISSION DECISION COUNCILMEMBER DISCUSSION ITEMS: ARB APPOINTMENT 738 the sale of the property m comphance wlth SMMC 2 24 110 and apphcable state and federal regulatIOns, and, authorizatlOn for I staff to negotIate and execute all necessary documents to complete the sale MottoQ by Councllmember F emstem. seconded by CouncIlmember GenseL to adopt ResolutlOn No 9336(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THAT THE CITY- OWNED PROPERTY AT 1833 18TH STREET IS NO LONGER NEEDED FOR THE PURPOSE IT WAS ACQUIRED NOR FOR ANY OTHER PUBLIC PURPOSE," reading by title only and waiving further readlOg thereof, and gave authonzatlon for staff to negotiate and execute all necessary documents to complete the sale The motion was approved by the followmg vote Ayes Councllmember Feinstem, Genser, Rosenstem, Mayor Pro Tern O'Connor, Mayor Holbrook None Councilmember Ebner Noes Absent 13-B FINES AND CITATIONS RELATIVE TO NOISE ORDINANCE VIOLATIONS Mehsa Korry was not in attendance I Mohon by Councilmember ~nseL seconded by Councllmember F emstem, to receive and file the mformatlOn relatmg to fines and citations issued by the Police Department relative to nOise ordinance ViOlations The motion was unammously approved by VOice vote, Councllmember Ebner absent 13-C LANDMARKS COMMISSION DECISION The request of Chnstopher Hardmg to address CouncIl regardmg a Landmarks Commission declSlon was withdrawn at the request of Mr Hardmg 14-A ARCHITECTURAL REVIEW BOARD APPOINTMENT MotIon bv Councllmember Femstem. seconded by Mayor Pro Tern O'Connor, to contmue the appomtment to one unscheduled vacancy on the Architectural Review Board for a term ending June 30, 2001, to January 1999 The motion was unanimously approved by voice vote, I 12 November 10. 1998 I I I PUBLIC INPUT ADJOURNMENT '-- 739 Councdmember Ebner absent 15 PUBLIC INPUT Member of the publIc John Jurenka dIscussed the use of the Seascape for polItIcal commentary Member of the publIc Susan Henderson dIscussed recent vandalIsm of trees on the south beach parkmg lot On order of the Mayor, the Council meeting was adjourned at 11 25 am, to November 24, 1998 ATTEST ~ ~-~,J- Mana M Stewart CIty Clerk APPROVED ;i!~ /I-f/~-- Robert T Holbrook Mayor 13 November 10. 1998