M-5/19/1998
524
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
.MAY 19. 1998
An adjourned regular meetmg of the Santa Momca CIty Councll was called to order by Mayor
Holbrook at 6 25 pm, on Tuesday. JvIay 19. 1998, m the CouncIl Chambers
Roll Call
Present
Absent
Also Present
CLOSED SESSIONS
Mayor Robert T Holbrook
Councllmember Ruth Ebner
CounCllmember MIchael Femstem
Councllmember Ken Genser
CounCllmember Paul Rosenstein
CounCllmember Asha Greenberg
Mayor Pro Tern Pam O'Connor
CIty :'vlanager John Jahh
CIty Attorney Marsha Jones Moutne
CIty Clerk Marla M Stewart
CLOSED SESSIO:"JS At 6 25 pill. CouncIl adjourned to
Closed SessIOn to consider the follm,vmg
16-A Conference with Legal Counsel - Existing Litigation
Albert SteIchen. et al v Cltv of Santa Momca. Case No SC
041 545
ACTION No reportable actIOn taken
16-8 Conference with Legal Counsel- Existing Litigation'
Roseman v CIty of Santa MonICa. Case No 55007045
ACTION No reportabl.e achon taken
16-C Conference with Legal Counsel- Existing Litigation
\VII-Fourth PartnershlO v Cltv of Santa MOllica. LASC Case
No BC 045458
May 19. 1998
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ACTIO~ "'\jot heard
16-D Conference with Legal Counse1- Existing Litigation
Ch~mont Partners. Ltd v CIty of Santa Momca, LASC Case
No SS 007397
ACTION Not heard
16-E Conference with Legal Counsel- EXlsting Litigation
Rmg Trading ComoratlOn v Cltv of Santa MOnica. LASC Case
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No BC 172044
ACTION Not heard
16-f Conference with Labor Negotiator:
City Negotiator Karen Bancroft, Personnel DIrector
Bargalnmg DOlt Santa MOllica Police Officers
ASSOCIatlOn (S~POA)
ACTIO~ See agenda nem 12-A
RECO}\;VENE - PLEDGE Council reconvened at 7 14 pm. \vlth all Councllmembers
present Ma~lor Holbrook led the assemblage m the Pledge of
Allegiance to the flag of the Umted States of Amenca
ORDINANCES: SECOND
DWELLING L~ITS
8-A INTERIM ORDINANCE FOR SECOND D\VELLING
UNITS IN THE Rl AND OPl DISTRICTS Presented for
introduction and first readmg \vas an mterIm ordmance
allowmg second dwellmg umts m the R1 and OP1 Zonmg
DIstrIcts under specIfied CIrcumstances clanfymg the allowance
of second umts In multi-family reSIdential dIstncts and
specIfymg standards for second umts
On order of the Mayor. the publIc heanng was opened.
Member ofthe public Joey Fullmer expressed her concerns
The followmg members of the pubhc spoke III oppOSItIon to the
proposed ordmance" James Isaacs. Hank Koning. Lou Moench,
A J Jarasunas. and DaVId Rosman
There bemg no other speakers, the Mayor closed the public
hearmg DlscusSlGn ensued on concerns raIsed by the speakers
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May 19. 1998
PREFERENTIAL
PARKING ZONES
526
MotIOn by Counctlmember Genser. seconded by I
Councllmember Rosenstein. to continue this Item to the
meeting of May 26. 1998 The motIOn was unammously
approved by VOice vote. Councllmember Greenberg and Mayor
Pro Tern O'Connor absent
8-B ORDINANCE TO ESTABLISH PREFERENTIAL
PARKING ZO~ES ON PEARL STREET BETWEEN
EUCLID STREET AND 11TH STREET AND ON
STEWART STREET BETWEEN PICO BOULEVARD
AND KANSAS AVENUE Presented for introductIOn and first
readmg was an ordinance to estabhsh Preferential Parking
Zones 0rN and PP, and to approve the negative declaratIOns for
each proposed zone
On order of the Mayor, the pubhc heanng .vas opened.
Member of the public Joey Fullmer expressed her concerns
Member ofthe pubhc Clarence-Jon Heisler spoke m support of
the proposed ordmance and suggested WaIvmg the annual fee
for resldents
Members of the pubhc Gustava Garcia and Ken Ward spoke III I
support of the proposed ordmance
There bemg no other speakers, the Mayor closed the public
heanng
Motion by CouncIlmember Felnstem. seconded by
CouncIlmember Genser, to approve the negative declaratIOns
for proposed Preferential Parkmg Zones:r-.N" and PP. and
mtroduce for first readmg an ordmance entitled "AN
ORD~ANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTIONS 3 08 520 AND
3 08 540 TO THE SANTA MONICA :MUNICIPAL CODE TO
ESTABLISH PREFERENTIAL PARKING ZONES NN Al'm
PP:' readmg by tItle only and walvmg further readmg thereof
The motion was approved by the follovvlng vote
Ayes
Councllmembers FeInstem, Genser. Rosenstem,
Ebner, and :vIayor Holbrook
None
Councllmember Greenberg. Mayor Pro Tern
o Tonnor
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Noes
Absent
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May 19, 1998
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DESIGNATION OF
PREFERENTIAL
PARKING ZONES
LEGAL NON-
CONFORMING USE
ORDINANCE
527
8-C ORDINANCE TO DESIGNATE PREFERENTIAL
PARKING ZONES BY RESOLUTION Presented for
IntroductIOn and first readIng was an ordmance of the CIty
CouncIl amendmg SectIon 3 08.030 of the MUnICIpal Code to
deSIgnate preferentIal parkmg zones by resolutIOn
On order of the Mayor. the publIc heanng was opened
Member of the publIc Joey Fullmer expressed her concerns
The followmg members of the publIc spoke m support of the
proposed ordmance Janma Krupa. Susan Henderson, and
StefanI Uhler
There bemg no other speakers, the Mayor closed the publIc
hearmg
MotIon bv Councllmember Femstem. seconded bv
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Council member Rosenstein. to approve the procedure changes
outlIned m the staff report. and mtroduce for first readmg an
ordmance entItled "AN ORDINANCE OF THE CITY
COlJNCIL OF THE CITY OF SANTA MONICA
AMENDlKG SECTION 308030 OF THE SANTA MONICA
:VIUNICIPAL CODE TO .AuvlEND THE PROCESS BY
WHICH A PREFERENTIAL PARKING ZONE IS
ESTABLISHED.-' readIng by tItle only and waIVIng further
readmg thereof The motIOn was approved by the followmg
vote
Ayes
Counctlmembers Ebner, Rosenstem, Genser.
F emsteIn, and Mayor Holbrook
None
CouncIlmember Greenberg, ylayor Pro Tern
O'Connor
Koes
Absent
8-D CLARIFICATION OF DEFI~ITION OF A LEGAL
NONCO~FORl\fING USE ORDI~ANCE The ordmance
was presented for second readmg and adoptIOn
MotIOn by CounCllmember Genser. seconded bv
Counctlmember Femstem. to hear speakers for thIS Item The
motIon was approved by vOIce vote. CouncIlmember Ebner
opposed, CouncIlmember Greenberg and Mayor Pro Tern
0' Connor absent
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May 19. 1998
Councdmember Ebner was
excused at 9 34 p m
MOTION TO HEAR
SPEAKER OUT OF
ORDER
528
:vIember of the pubhc Sylvia Schmad urged CouncIl to table
thiS ordmance for reconSideratIon Member of the publIc
Taylor Uhler spoke m opposItIon to the proposed ordmance
MotIOn by CounCllmember Rosenstem. seconded bv
Councllmember Ebner, to adopt Ordmance No 1911(CCS)
entitled "A~ ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA l'\ME"!\'DING SECTION
9 04 18 030 TO CLARIFY THE DEFI1\'ITION OF A LEGAL
NONCONFORI\1ING USE A).,n SECTION 9 04 18 040 OF
ARTICLE IX OF THE SANTA :vIONICA MUNICIPAL
CODE TO ALLOW FOR THE CONTINUED USE OF
NEIGHBORHOOD SERVING COMMERCIAL, GENERAL
OFFICE AND MEDICAL BUILDINGS AND USES
LOCATED OX RESIDENTIALLY ZONED PARCELS AS OF
1982 A~D AUTO~10BILE DEALERSHIP BUILDINGS AND
USES WHICH i\RE LOCATED ON RESIDENTIALLY
ZONED PARCELS." on second readmg, readmg by tItle only
and walvmg further readmg thereof The motIOn was approved
by the followmg vote
Ayes
Councllmembers Ebner, Rosenstem, Femstem. Mayor
Holbrook
CouncIl member Genser
Councllmember Greenberg. Mayor Pro Tem
O'Connor
l\oes
Absent
MotIOn bv Councllmember Genser. seconded bv
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Councllmember Femstem. to duect staff to work "vlth the
neIghbors and affected dealers to try and develop standards to
make dealers and neIghborhoods more compatIble With each
other and report back on a sIx-month basIS on the status of that
effort The motIon farled by the follmvmg vote
Ayes
Abstain
Noes
Absent
Councllmembers Genser, Femstem
Councllmember Rosenstem
~\rlayor Holbrook
Councllmembers Ebner, Greenberg, Mayor Pro Tern
O'Connor
MotIOn bv Councllmember Femstem. seconded bv
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Councllmember Rosenstem. to hear member of the pubhc Pro
Se at thIS time The motlon was unammously approved by
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May 19. 1998
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PUBLIC EATING
PLACES
COU~CIL RULES:
TRAVEL AND
RESOURCES
529
vOIce yote. CouncIlmembers Ebner. Greenberg. and ~.1ayor Pro
Tern 0 Tonnor absent
Member of the publIc Pro Se dIscussed accessIbIlIty and safety
Issues as relates to CommuIllty CorporatIOn
8-E REGULATION AND GRADING OF PUBLIC
EATI~G PLACES (RESTAURANTS) ORDI~ANCE The
ordmance was presented for second readIng and adoptIon
ylotlOn bv Councllmember FeInsteIn. seconded bv
CouncIlmember Genser. to adopt OrdInance:\o 1912(CCS)
entItled 'AN ORDI)lANCE OF THE CITY COUNCIL OF
THE CITY OF SA?\T A .Y:IONICA ADDING CHAPTER 5 05
TO THE SANTA MONICA MUNICIPAL CODE
REGULATING PUBLIC EATIKG PLACES:' readmg by tItle
only and walvmg further readmg thereof The motIOn ,vas
approved by the followmg vote
Ayes
CounCllmembers Rosenstem, Genser. Femstem.
~vlayor Holbrook
None
CounCllmembers Ebner. Greenberg. :\<fayor Pro Tern
O'Connor
Noes
Absent
9-A PROPOSED COUNCIL RULES REGARDING
TRAVEL A~D RESOURCES A V AILABLK Presented was
the staff report recommendmg adoptlOn of a resolutIOn
regardmg CouncIl travel. staff assIstance. and other resources
avaIlable
On order of the Mayor. the publIc hearmg was opened
:Member of the pubhc Joey Fullmer expressed her concerns
There beIng no other speakers. the Mayor closed the public
heanng
MotIon by Councllmember Femstem. seconded bv
Councllmember Rosenstem, to adopt ResolutIon No
9270(CC5) entItled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF 5A)lT A .Y:IONICA
AME?\DlNG AND EXPAND~G RESOLUTION NUMBER
5532(CC5) REGARDING TRAVEL BY COL"'NCIL
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May 19, 1998
:\iIOC WITH POLICE
OFFICERS ASSN.
530
MEMBERS TO INCLUDE CITY COUNCIL GUIDELINES I
AND STA='IDARDS REGARDING COUNCIL TRAVEL,
STAFF ASSISTANCE FOR AND OTHER RESOURCES
AVAILABLE TO COUKCIL MEMBERS," amended as
follows SectIOn IB amended as follows" In the event a
CouncIlmember IS a member of the board or commIttee of one
of the above- mentioned orgamzatlOns and IS reqUired to attend
additIOnal out-of-Clty meetmgs, the Council may consider an
additIOnal one-tIme allocatIon .,
MotIon bv CouncIlmember Genser, accepted as fnendly. to
amend the motIOn to msert a new subsection F m SectIOn 3 and
renumber the subsequent subsectIOns as follows "F
PublicatIOns, professIOnal Journals, and other \'<TItten, audiO or
video matenals reqUired by a Councllmember to conduct City
busmess. as long as all matenals are paId for from the
CounCllmember's budget allocatIon ,.
MotIon bv CounCllmember Genser. accented as fnendlv. to
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amend the motIOn to mclude travel expenses wIthm the City of
Santa Momca m SectIOn IE (Prohlblted Expenses)
MotIon bv CounCllmember Genser. accented as fnendlv. to
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amend the motIon to add SectIOn III(J)(4), and renumber
subsequent subsectIons. as follows "All documents usmg CIty
letterhead should be considered a public document, as such.
documents shall be proVided to the Cn)' Council office
manager"
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The motIOn. as amended. \vas approved by the followmg vote
Ayes
Councllmembers Femstem. Genser, Rosenstem,
Mayor Holbrook
None
Councllmembers Greenberg. Ebner, Mayor Pro Tem
O'Connor
Noes
Absent
12-A MEMORANDUM OF U~DERSTA~DING WITH
THE SANTA .MONICA POLICE OFFICERS
ASSOCIATION Presented was the staff report recommendmg
adoptIOn of a resolutIOn approvmg a 2% cost of hVIng Increase
retroactive to July 1, 1997. and a 1 % Increase retroactive to
January 1. 1998. and approval of a contract With the Santa
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May 19, 1998
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Ylomca PolIce Officers AssoCiatIOn
Member of the publIc Joey Fullmer expressed her concerns
Motion by Counctlmember Genser. seconded by
Councllmember Femstem, to adopt Resolution No 9271(CCS)
approvmg the Memorandum ofUnderstandmg \\>1th the Santa
~vlomca Pollee Officers AssociatIOn. and approve Contract No
7226(CCS) The motlOn was approved by the follo,",vmg vote
Ayes
Counctlmembers Rosenstem. Genser, Femstem.
IVlayor Holbrook
;-';one
Councllmembers Ebner. Greenberg. Mayor Pro Tern
o "COlmor
Noes
Absent
L. A. CO. WEST VECTOR 14-A LOS ASGELES COUNTY WEST VECTOR
CONTROL CONTROL VACANCY Matter contmued to May 26. 1998
COMMISSION ON
OLDER AMERICANS
BA YSIDE DISTRICT
CORPORATION
RESIGNA TION-BA YSIDE
DISTRICT CORP.
CELEBRATE AMERICA
4th OF JULY PROGRAl\tI
14-B COMMISSION ON OLDER AMERICANS
VACANCY ~latter contmued to ]\Jay 26. 1998
14-C BAYSIDE DISTRICT CORPORATION
VACANCIES Matter contmued to May 26. 1998
14-D RESIG~ATION FROM BAYSIDE DISTRICT
CORPORATION Manon bv Councllmember Femstem.
seconded bv Councllmember Genser. to accept \\1th regrets the
letter ofreslgnatlOn of Joel ~v1cLafferty from the Bayslde
DIStnct Corporation and direct the City Clerk to publIsh the
vacancy The motlOn was unanlmously approved by vOice vote.
Councllmembers Ebner. Greenberg, and Mayor Pro Tern
O'Connor absent
14-E FUNDIl\'G FOR FIREWORKS DISPLAYS TO THE
"CELEBR;\TE AMERICA" CONCERT PROGRAM
Presented was the request of Mayor Holbrook to diSCUSS an
Illcrease III fundmg of $5.000 for fireviorks displays to the
"Celebrate Amenca" Concert Program to be held on Fnday_
July 3. 1998. at Santa MOlllca City College
Member of the publIc Bnan Hutchmgs expressed hiS concerns
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May 19. 1998
532
MotIOn bv Councllmember Femstem. seconded by Mavor I
Holbrook, to approve an mcrease m fundmg of$5,000 for
fireworks displays to the "Celebrate AmerIca'" Concert Program
to be held on Fnday. July 3, 1998. at Santa Moruca City
College The motlOn was unanimously approved by VOlce vote,
Councl]rnernbers Ebner. Greenberg. and Mayor Pro Tern
O'Connor absent
RESIGNATION - SOCIAL 14-F RESIGNATION FROM SOCIAL SERVICES
SERVICES COMMISSION COMMISSION :Vfot!on bv Councllmember Femstem.
seconded bv Mavor Holbrook, to accept with regrets the letter
ofreslgnatlOn of Ralph Sanchez from the Socml Services
CommlsslOn and direct the City Clerk to publish the vacancy
The motIon was unanimously approved by Valce vote,
Councllmembers Ebner, Greenberg. and :vlayor Pro Tern
O'Connor absent
PUBLIC INPUT
PUBLIC INPUT Member of the public Pat Gordon discussed
Issues relatmg to Pahsades Park; made suggestIOns for
accommodatlOns for blmd people m the parks. suggested wmd
chimes m the parks, and discussed the need for a landscape
architect for the parks
ADJOlJRi~MENT
On order of the Mayor, the City Council meetmg was adjourned
at 10 20 pm, to :vlay 26. 1998. at 6 ] 5 p m
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ATTEST
APPROVED
;;(~f /-:T;t?!.d,-
~~.~~
Marla M Stewart
City Clerk
Robert T Holbrook
Mayor
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May 19,1998