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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 I I I I I I 525 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 - - - - 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 2 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 I Noes Absent 3 May 19, 1998 I I I 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 - - 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 4 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 - - 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 - - Councllmember Rosenstem. to hear member of the pubhc Pro Se at thIS time The motlon was unammously approved by 5 May 19. 1998 I I I I I I 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 6 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 ~ - 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 - ~- 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" I 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 I 7 May 19, 1998 I I I 531 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 8 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 I ATTEST APPROVED ;;(~f /-:T;t?!.d,- ~~.~~ Marla M Stewart City Clerk Robert T Holbrook Mayor I 9 May 19,1998