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M-5/27/1997 116 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 27, 1997 A regular meetmg of the Santa MOllica CIty CounCIl was called to order by Mayor O'Connor at 646 pm. on Tuesday, May 27. 1997. m the CouncIl Chambers Roll Call Present Mayor Pamela O'Connor Mayor Pro Tern Robert T Holbrook Councllmember Ruth Ebner Councl1member tvhchael Femstem Councllmemher Ken Genser Councl1member Asha Greenberg CouncIlmember Paul Rosenstem Also Present Actmg CIty Manager Susan McCarthy CIty Attorney Marsha Jones Moutoe CIty Clerk Marla M Stewart 6. CONSENT CALENDAR The Consent Calendar was presented, ,vhereby all Items are consIdered and approved m one motlon unless removed from the calendar for dIscussIOn Member of the public Joey Fullmer addressed Items on the Consent Calendar Motlon by Councl1member F emstem. seconded by Councllmember Rosenstem, to hear a late speaker The motlon was unanImously approved by VOIce vote Member of the publIc Bnan Hutchmgs addressed Items on the Consent Calendar At the request ofCouncllmember Genser Item No 6-D was removed from the Consent Calendar MotIon bv Councllmember Greenberg:. seconded by Mayor Pro Tern Holbrook. to approve the Consent Calendar. ,nth the excepnon ofItem Ko 6-D, readmg resolutIons and ordmances by title only and "Valvmg further readmg thereof The motIon was approved by the followmg vote Ayes Councllmembers Ebner. Rosenstem. Greenberg. Genser. Femstem. 1 May 27. 1997 I I I I I I 117 ~oes Absent Mayor Pro Tern Holbrook. Mayor O'Connor Kone None 6-A: l\n~UTES APPROVAL The CIty CouncIl mmutes of the regular CIty CouncIl meetmgs of Apnll5, and Apn129, 1997, and the Specml CIty CouncIl meetmg of Nlay 6, 1997. were approved as submItted 6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994 EARTHQUAKE DA~'IAGE) ResolutIOn No 9144(CC5) entitled "A RESOLCTION OF THE CITY COUNCIL OF THE CITY OF SANTA MO:--UCA DECLARI:\TG THE EXISTENCE OF A CONTINCIKG LOCAL EMERGEKCY." was adopted 6-C: SUBDIVISION I.MPROVEMK\T AGREEMENT /FINAL PARCEL MAP NO. 52119/CONDOMINIUMS/I117 18TH STREET Contract No 6656(CC5) 'WIth Anoosh C P AskarI and Naskrin S AskarI was approved and ResolutIOn ~o 9145, entItled '"A RESOLCTI01\ OF THE CITY COU~CIL OF THE CITY OF SANTA :Yl0NICA ACCEPTING A~D APPROVI~G A FIKAL SUBDIVISION MAP FOR PARCEL)l"O 52119 TO SCBDIVIDE A PROPERTY AT 1117 EIGHTEENTH STREET;" ,vas adopted thereby approvmg a five-umt condommmm project 6-E: AMEND)'IENT TO STANDARD AGREEMEl\T/STA TE \V A TER RESOURCES CONTROL BOARDfEXTENSION OF COMPLETIO:K DEADLI~E/CA TCH BASIN RETROFITS Contract No 7156(CCS) "vas approved thereby approvmg Amendment to Standard Agreement No 5-061-140-0 "-'lth the State Water Resources Control Board thereby extendmg the completlon deadlme ofthe grant-funded project to evaluate the effectIveness of catch basm retrofits for pollutants from entenng the Santa Momca Bay 6-F: SA~T A ,MONICA COLLEGE/FIRE\VORKS/CELEBRA TE AMERICA Santa \-'lomca College's request to mclude fire,yorks m theIr 15th annual "'Celebrate Amenca" concert program on June 28, 1997. was approved and budgeted funds were allocated for that purpose 6-G: RE:KE\VAL OF CONTRI\CT/l\'lED TRJ\NS-GOODHE\V AMBULAXCE SERVICE Rene\val of Contract No 5919 (CCS) was approved thereby exerClSlng the optIOn to renew the contract '\nth ~ledTrans!Goodhew Ambulance SerVIce for emergency ambulance servIces wlthm the CIty of Santa Momca for a term of two years EKD OF CONSENT CALENDAR 6-D: APPLICATION/GRA:KT FU~DS/CALIFORNIA ARTS COU~CIL LOCAL ARTS 2 May 27. 1997 118 EDUCATION PARTNERSHIP PROGR-\l\1 Councllmember Genser asked questIOns of staff I and expressed concern \Vlth program-specIfic fundmg opportumtles MotIon by Councllmember Rosenstem. seconded by Councllmember Greenberg. to adopt ResolutIOn No 9146(CCS) entItled "RESOLUTION OF THE CITY COUKCIL OF THE CITY OF SANTA MONICA AUTHORIZING CITY MANAGER TO APPLY FOR GRANT FUNDS FROM THE CALIFOR..'JIA ARTS COUNCIL LOCAL ARTS EDUCATION PARTNERSHIP PROGRAM:' readmg by title only and WaIvmg further readmg thereof The motIOn \vas approved by the followmg vote Aves "' CouncIlmembers Ebner, Rosenstem, Greenberg, Femstem, Ylayor Pro Tern Holbrook. Mayor O'Connor CouncIlmember Genser None Noes Absent 8-A: SIX-l\'IONTH REVIE\V/ORDINA:"lCE PROHIBITING SITTIXG AND LYING ON SIDEWALKS/THIRD STREET PROMENADEIFIRST READING OF ORDINANCE/ l:NAMBIGUOUSL Y PROHIBITIl\'G L YI~G ON BENCHESffHIRD STREET PRO),IENADE/SITTll'G ON RAILIKGSITOPIARY STATUES/SITTING OR L YINGIFOLIAGE AROUND STATUES Presented \-vas the sIx-month rene"v of the rmplementatIOn of an ordmance prohIbltmg sIttmg and lymg on SIdewalks m the ThIrd Street Promenade and the recommendatIon to mtroduce and hold first readmg on an Ordmance I amendmg SectIOn 3 12350, whIch would unambiguously prohIbIt lymg on benches m the ThIrd Street Promenade, slttmg on raIlmgs around the topIary statues and SIttmg or lymg on the folIage around the statues On order of the Mayor, the publIc heanng was opened IVlember of the publIc Joey Fullmer expressed her concerns ~lember of the publIc Dan Ehrler spoke III support of the ordmance Members of the publIc Ron Taylor, Jennafer Waggoner. Matthew Day. Jenmfer Casey, Ryan Flegal. and Franceye Srmth spoke m OpposItIOn to the proposed ordmance MotIon by Mayor O'Connor. seconded by Councllmember Femstem, to hear a late speaker The motIon faded by VOIce vote There bemg no other speakers, the Mayor closed the publIc hearmg MOllon bv Councllmember Ebner. seconded bv CouncIlmember Greenbenr. to mtroduce for first - - - I ... ,) May 27, 1997 I I I 119 readmg an ordmance ennded "AN ORDINA..:.'\CE OF THE CITY COUNCIL OF THE CITY OF SANTA MO:'-JICA AMENDING SAKTA MONICA MUNICIPAL CODE SECTIO~ 3 12 350 RELA TI1\G TO THE PROHIBITION AGAINST SITTING OR LYING ON PUBLIC SIDE\VALKS. OR UPON OBJECTS PLACED OR INSTALLED O~ PCBLIC SIDEWALKS IN THE BA YSIDE DISTRICT AKD ON THE PROMENADE ROAD\V A V:' amended to mclude the followmg language '"Dunng the hours between 6 00 a m and 1 00 am. no person shall SIt or he dO\vn upon a publIc SIdewalk m the BaysIde DIstrIct or upon the ThIrd Street Promenade roadway, and no person shall SIt or he dO\"TI upon a blanket. chair, stooL bench. or any other object placed or Installed on a pubhc SIdewalk m the BaysIde DIstnct or on the ThIrd Street Promenade road"way. and no person shall SIt. stand. or he down upon. or othenVlse be present upon. any plantmg. rarlIng. topIary, or statue placed upon or Installed on a pubhc slde\valk m the BaysIde DIstrIct or the Tlurd Street Promenade roadway" )"'lotIOn by CouncIlmember Greenberg, accepted as fnendly. to amend the motIOn that tills ordmance be made mto an mfranctlOn/mIsdemeanor woblet \.-lotlOn by CouncIlrnember Genser. seconded by CouncIlmember Femstem. to remove reference to raIlmgs from the ordmance The monon faIled by the follo\\mg vote Ayes Noes Absent Counctlmembers Femstem, Genser, :\layor O'Connor CouncIlmembers Greenberg. Rosenstem. Ebner. Mayor Pro Tern Holbrook None ylotlOn by CouncIlmember Femstem. seconded by Mayor O'Connor, to amend by deletmg the reference to sIttmg on the curbs The motlon farled by the follo\vmg vote Ayes )J oes CouncIlmembers Femstem. Mayor O'Connor CouncIlmembers Ebner, RosensteIn. Greenberg. Genser. "Mayor Pro Tern Holbrook None Absent The mam motIOn. as amended, was approved by the follOWIng vote Ayes Noes Absent CouncIlmembers Greenberg. RosensteIn. Ebner. :\'layor Pro Tern Holbrook Counctlmembers Femstem. Genser, Mayor O'Connor None Counctlrnember Genser requested that the record reflect that \-vhIle he generally supports the ordmance, he beheves It IS gOIng "overboard" m prohIbItIng sIttmg on raIlIngs 4 May 27. 1997 120 :Vlayor O'Connor requested that the record reflect that whIle she generally supports the ordmance, she belIeves that prohIbItmg slttmg on curbs IS gomg too far I Councllmemher Femstem requested that the record reflect that \-vhIle he generally supports the ordmance. he belIeves that prohIbItmg both slttmg on raIlmgs and slttmg on curbs IS gomg too far 9-A: CO:XSIDERA TION OF AL TERNA TIVES/SITE NAMED FOR FORMER MAYOR CHRISTINE EMERSON REED Presented was the staff report prov'ldmg alternatIves for a SIte to be named for Former Mayor Chnstme Emerson Reed Member of the pubhc Joey Fullmer expressed her concerns MotIon by Mayor Pro Tern Holbrook. seconded by CouncIlmember Ebner. to mstruct staff to prepare necessary ImplementatIOn documentatIon to change the name of LIncoln Park to Chnstme Emerson Reed Park The motion was approved by the follo\\lng vote Aves Councllmembers Ebner, Rosenstem, Greenberg. Genser. Femstem. ~1ayor Pro Tern Holbrook. :\-Iayor O'Connor ~one None Noes Absent On order of the Mayor. the CIty CounCil recessed at 8 45 pm, and reconvened at 9 17 pm. WIth I all members present to-A: CONFIRMATION OF ASSESSMENT COSTSIFY 1995-96/Al'~UAL STREET RESURFACING PROGRAl\'l Presented was the pubhc heanng to receIve pubhc mpm from affected property owners. and recommendatton to adopt a resolutIOn confinmng the assessment costs for the FY 1995-96 Annual Street ResurfaCIng Program and Appurtenant \Vork on vanous CIty streets. IncludIng the assessment of non-profit orgamzattons On order of the Mayor. the publIc hearmg was opened Members of the pubhc Mahfour Doss. Nancy Fawzy. Joel McLafferty. LOUIse Taylor. SandIe RIchards. Beth Leder-Pack. Ira Borbor, Franceye SmIth. and Judy Abdo spoke In protest of theIr assessments Member of the publIc Joey Fullmer expressed her concerns There bemg no other speakers. the Mayor closed the publIc hearmg DISCUSSion ensued as the concerns expressed by members ofthe communIty relatIve to the 5 May 27, 1997 I I I I 121 assessment to non-profits and churches. and about optlOns suggested by members of the publIc, mcludmg an exemptIOn sImIlar as that of the State to mstItutlons W1th \-"elfare exemptIOns MotIon by Councllmember Genser. seconded by Councllmember Femstem. to request staff to return "'.'lth an analysIs of optIOns for easmg the burden for the non-profit commumty. m partIcular studymg the pOSSIbIlIty of grvmg a reductiOn. stnlllar to the homeowner reductiOn. for those mstttutlons \"lth \velfare exemptIOns Motton bv CouncIlmember Greenberg, accepted as fnendly. to amend the mOTIon to ask staff to provIde an analysts of the number of orgamzatIOns tn thIS assessment dlstnct that fall wlthm the \'velfare exemptIOn and what the amount \vould be should the assessment be mItIgated or a blanket \ValVer be authonzed, and to provIde an analYSIS of other cltles \vhlch may have proVISIOns for hardshIp exemptiOns The motion. as amended. was approved by the follo''\1ng vote Ayes Councllmembers Femstem. Genser, Greenberg, Rosenstem. Ebner. rvlayor Pro Tern Holbrook. Mayor O'Connor ~one None Noes Absent 13-A: TERRY ANN RETZINGER/PETITION/OPPOSITIO~ TO PROPOSED STRUCTURE1708 PICO The request of Terry Ann Retzmger to present a petItiOn m OppOSItIOn to the proposed structure at 708 PICO SIgned by reSIdents of the neIghborhood surroundmg the project was contmued to the meetIng of June 10. 1997. at the request ofMs Retzmger 13-B: xlARC D. MISKEY/MUNICIPAL CODE SECTION 6.36 (VENDI~G) The request of:\trarc D ~Iskey to address CounCIl regardmg the constItutIOnalIty. senSIbIlIty. and enforcement of MumcIpal Code SectIon 6 36 (Vendmg) \;vas receIved and filed due to the absence of Mr ~lIskey from the meetmg 14-A: APPOINTMENT/CONVENTION AXD VISITORS Bl:REAL'" Mavor O'Connor opened the floor to nomlllatlOns to the Conventzon and VlSltors Bureau Councllmember Rosenstelll1l0mmated Rodney Punt There bemg no further nomlllatlOns, nommatIons ,,,,ere closed On a call for the vote. Rodney Punt was appomted to the ConventlOn and Vmtors Bureau for a term endmg June 30.1998 14-8: TRAVEL EXPENSES/SUSTAINABLE l\1UNICIP AL PLANNING/THE OTHER ECONOMIC SUMMIT Presented was the request of Councllmember F emstem to approve 6 ylay 27, 1997 122 travel expenses to speak: on a panel on the subject of "Sustamable MUlllcIpal Plannmg" at "The Other EconomIc Summit" m Denver, Colorado. from June 19 to June 22, 1997 I :\fIotIOn by Mayor O' Connor. seconded bv CouncIlmember Greenberg, to approve travel expenses for CouncIlmember Femstem to speak on a panel on the subject of'Sustamable :\fIumclpal Planmng" at 'The Other EconomIC SummIt"' m Denver, Colorado. from June 19 to June 22. 1997 The motIOn was unammously approved by VOIce vote 14-C: DISTRIBUTION AND DISCUSSIO~ OF FY 1997-98 BUDGET INFORl\IATIOl'l \VITH THE PUBLIC/F ARl\:IER'S MARKETS Presented was the request of Councllmember Femstem for CounCIl to approve dIStrIbutIOn and dIscussIOn ofFY 1997-98 budget mformatIOn \vlth the publIc, at the Farmer's Markets dUrIng the June 1997 budget dISCUSSIon perIod. mvolnng staff from the Fmance Department and any Councllmembers who WIsh to attend MotIon by Councllmember Femstem, seconded by Councllmember Genser. to approve dIStrIbutIOn and dISCUSSIon ofFY 1997-98 budget mformatIOn \VIth the pubhc, at the Farmer's Markets dUrIng the June 1997 budget dISCUSSIon perIod. mvolvmg staff from the FInance Department and any CouncIlmembers who \-Vlsh to attend but who are not a part of the offiCIal presentatIOn The motIOn was unammously approved by VOIce vote MotIOn bv Councllmember FemsteIn. seconded bv CouncIlmember Genser. to extend the . . meetmg past 11 00 p ill The motIOn 'vas approved by VOIce vote, CouncIlmember Ebner opposed I 14-D: ANALYSIS OF Il\IPACTSILIVIXG \VAGE ORDINANCE Presented \\'as the request of CouncIlmember RosensteIn 'and Mayor O'Connor to dISCUSS dIrectmg staff to analyze the Impacts of Santa Momca adoptmg a Llvmg Wage Ordmance :VlotlOn by Councllmember Rosenstem. seconded by Mayor O'Connor, to dIrect staff to analyze the Impacts of Santa :vIomca adoptIng a LIVIng \Vage Ordmance. SImIlar to that adopted by the CIty of Los Angeles. and return ,vIth recommendatlOns The motIon was unammously approved by VOIce vote 15: PUBLIC INPUT Member ofthe publIc Bnan Hutclungs dIscussed the relatIonshIp between the G- 7 countrIes and the IMF and "'The Other EconomIc Conference .. 16: CLOSED SESSION At 11 10 pill. CounCIl recessed to Closed SeSSIOn 16-A: CLOSED SESSIOX/CO~FERE~CE \VITH LEGAL COUNSEL 7 ~lay 27. 1997 I 123 I EXlstmg LltlgatIOn CalIfornIa Attorneys for Cnmmal JustIce. McNally. et al v James Butts. et al . Case No CV 95-8634 ACTION Heard Xo actIOn taken 16-B: CLOSED SESSION/COXFERENCE \VITH LEGAL COl.J~SEL EXlstmg LmgatIOn CIty of Santa MOllIca v )'1obll 011. Case:\o SC045788 ACTIOK Heard ~o action taken 16-C: CLOSED SESSION/CO~"FEREXCE \VITH LEGAL COUNSEL AntIcIpated Lmgatlon Number of cases Two ACTI01\ Heard No actIOn taken ADJOURN~tENT At 12 10 am. the meetmg was adjourned m memory of Janet Larkm ATTEST I '--~~. ~d ~vlarla yr Ste\vart Cny Clerk APPROVED ~ Pamela O' Connor Mayor I 8 May 27_ 1997