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M-5/12/1998 5I4 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 12,1998 A regular meetmg of the Santa MOllica CIty COUllCII was called to order by Mayor Holbrook at 625 pm. on Tuesday. May 12, 1998. III the CouncIl Chambers Roll Call Present Absent Also Present CLOSED SESSIO~S Mayor Robert T Holbrook COUllcIlmember Ruth Ebner COUllCllmember MIchael Felllstem COUllcl1member Ken Genser COUllCllmember Asha Greenberg COUllCllmember Paul Rosenstem "'layor Pro Tern Pam O'Connor ASSIstant Cny Manager Susan McCarthy CIty Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart CLOSED SESSIONS At 6 20 pm, COUllcII adjourned to Closed SesSlOn to consIder the folloWlllg_ 16-A Conference with Legal Counsel - Existing Litigation Charmont Partners. Ltd v CltV of Santa Momca. Case No SS 007397 ACTION No reportable actlOn taken 16-B Conference with Legal Counsel- Existing Litigation WII-Fourth PartnershIp v CIty of Santa Momca, Case No BS 045458 ACTION )J"o reportable actIOn taken 16-C Conference with Legal Counsel- Existing Litigation Rlllg Tradmg Corporatlon, et al v CIty of Santa Momca. Los Angeles Supenor Court Case No BC 172044 May 12. 1998 I I I I I I RECONVENE PLEDGE SPECIAL ITEMS: PROCLAMATIONS CONSE~T CALENDAR: Mf\lUTES EARTHQUAKE RECOVERY RESOLUTIOK 515 ACTION No reportable actlOn taken CouncIl reconvened at 7 lOp m , Wlth all CouncIlmembers present except Mayor Pro Tern O'Connor Councllmember Femstem led the assemblage m the Pledge of Allegiance to the Flag of the Cmted States of Amenca PRESERVATION WEEK Mayor Holbrook presented a proclamatlon declarmg the week of May 10. 1998. as "PreservatIOn Week" In the City of Santa Moruca The Consent Calendar \vas presented. whereby all Items are consIdered and approved In one motIOn unless removed from the calendar for diScussIon Members of the public Joey Fullmer and Brian Hutchings addressed Items on the Consent Calendar CounCil member Genser requested that Item No 6-G be removed from the Consent Calendar MotIOn by CouncIlrnernber F emstem. seconded by Councl1rnernber Greenberg. to approve the Consent Calendar. WIth the exceptIOn ofItems Xo 6-G and 6-H which was "vlthdra\vn by staff, readmg resolutIons and ordmances by tlde only and Walvmg further readmg thereof The motlon was approved by the followmg vote Ayes CouncIlmembers Femstem, Genser, Greenberg. Rosenstem, Ebner. and Mayor Holbrook None I\1ayor Pro Tern O'Connor Noes Absent 6-A APPROVAL OF MINUTES The mmutes of the March 17, and tv1arch 24, 199&, City Council meetlngs \vere approved 6-B' EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE) ResolutIOn "\:0 9265(CCS) entItled .'A RESOLUTION OF THE CITY COLl'\CIL OF THE CITY OF SAKTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL ENtERGENCY." "vas adopted 2 May 12. 1998 516 UNIFORM RENTALS 6.C AWARD OF BID FOR UNIFORM RENTALS AND CLEANING SERVICES Bid No 2669 '.vas awarded to UmFm;t CorporatlOn. at specIfied unIt pnces, for umform rental and cleanmg serVIces INFORMATION NAVIGATORS PROJECT 6-D GRANT FUNDS FOR INFORMATION ~A VIGATORS PROJECT Stafhvas authorIzed to proceed wIth applIcatIOn to the Cahforma State LIbrary for LIbrary SerVIces and Technology Act for the "Information Navigators" project If fundmg IS granted, authOnzatlOn will be gIven to the City ~1anager to negotIate and execute all necessary documents and approve an appropnatlOn of$19.980 for the student mformatIOn naVIgators PROPOSITIOJ\' 224 6-E RESOLUTION TO OPPOSE PROPOSITION 224: RESTRICTION OVER CAPITAL IMPROVEME~T PROJECTS ResolutIOn No 9266(CCS) entltled "A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA OPPOSING PROPOSITION 224_ A STATEW1DE INITIATIVE ON THE JLT?\rE 1998 STATEWIDE BALLOT," sponsored by the ProfesslOnal Engmeers m Cahforma Government, ,,,hch would force local government to use State bureaucracy to deSIgn pubhc works prOJects. was adopted USED OIL RECYCLING 6-F GRANT FUNDS FOR USED OIL RECYCLING- The grant funds were accepted and expendIture authonty was establIshed for $70,678 from the Cahforma Integrated Waste Management Board for a used 011 recyclmg program at the Santa !v10mca AIrpOrt, and proposed budget changes were approved 708 PI CO - WITHDRA \V]\" 6-H INCREASE IN FINANCING FOR 708 PICO BOULEVARD HOUSING DEVELOPMENT PROJECT ThIS staff report was ,vlthdrawn at the request of staff AUDIT SERVICES 6-1 KPMG PEAT MARWICK AUDIT SERVICES Contract No 6998(CC5) was approved '''lth KPMG Peat ManVlck. m an amount not to exceed $96.200 per year_ for audIt serVices for fiscal years endmg June 30, 1998 through June 30, 2002 FOLDING CRAIRS 6-J PURCHASE OF FOLDING CHAIRS FOR USE AT ,., .) ),1ay 12, 1998 I I I I I I PEDESTRIAN BRIDGE - 12TH COGRT ALLEY MILLS ACT CO)JTRArT FINAL ~'LLU' - 1018/24 FOURTH ST ylOSS A VEKUE SEWER PUMPING STATION 517 VARIOUS EVENTS The competItlve blddmg reqUirement was waived and the City Manager was authonzed to negotIate and execute a sole source purchase order \Vlth Clann. m the amount of $75.850 78. to purchase foldmg chaIrS for the Event FacIlities DIVISIOn of the Commuruty and Cultural Services Department 6-K CONSTRUCTION OF PEDESTRIk"'l BRIDGE OVER PUBLIC RIGHT-OF-WAY IN THE 1400 BLOCK OF 12TH COURT ALLEY Contract No 6999(CCS) was approved to allmv the constructIon of a pedestnan bndge over the public nght-of-way ill the 1400 block of 12th Court Alley 6-L MILLS ACT HISTORICAL PROPERTY CONTRACT FOR 2523 THIRD STREET ResolutIon No 9267(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MOJ\lCA ALTHORIZING THE CITY ~lANAGER TO EXECCTE A HISTORICAL PROPERTY CO"\'TRACT IN ACCORDANCE WITH GOVERJ\1\1ENT CODE SECTlO~ 50280 WITH THE OWNER OF PROPERTY LOCATED AT 2523 THIRD STREET:' was adopted. thereby approvmg Contract No 7222(CCS) 6-M RESOLUTION APPROVING FINAL SUBDIVISION MAP FOR A CONDOMINIUM PROJECT AT 1018-24 FOL'RTH STREET AND SUBDIVISION IMPROVE~'lENT AGREEMENT ResolutIOn "\'0 9268(CCS) entitled "A RESOLUTION OF THE CITY COL:-JCIL OF THE CITY OF SA~TA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRA-.CT NO 50906 TO SUBDIVIDE A PROPERTY AT 1018-24 FOURTH STREET:" was adopted, and SubdiVISIOn Improvement Contract No 7223(CC5) \vas approved 6-N CONTRACT AMENDMENT FOR CONSTRUCTION MANAGK\IENT AND REVIEW SERVICES FOR MOSS AVENUE SEWER PUMPING ST AnON The amendment to Contract No 6825(CCS) With Black and Veatch. LLP, m the amount of5129.755. for construction management. mspectlon, and renew services for the Moss Avenue Samtary Sewer 4 May 12, 1998 OFFICE OF EMERGENCY SERVICES/fEMA LOW INCOYiIE REPAIR PROGRAM 518 Pumpmg StatiOn Structural Shell construcuon was approved 6-0 RESOLUTION DESIGNATING AUTHORIZED REPRESENTATIVES DEALING WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ResolutiOn No 9269(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING THE CITY'S AUTHORIZED REPRESENTATIVES DEALING \\11TH THE CALIFOR.'\IA OFFICE OF EMERGENCY SERVICES AND THE FEDER.J\L EMERGENCY IvIA.'\AGEMENT AGENCY:' was adopted 6-G CONTRACT AMENDMENT FOR COl'l'TINUING ADMINISTRATION OF LOW INCOME RESIDENTIAL REPAIR PROGRAM Presented .was the staff report recommendmg authonzauon for the City Manager to execute a modificatiOn to Agreement No 6581 \VIth WIlldan ASSOCIates. by up to $400,000 and extend the term through June 30, 1999, to contmue adnlllllstraUon of the Low Income ReSIdential RepaIr Program Councllmember Genser expressed hIS concerns \Vlth commlttmg for another full year at this ume and suggested commIttmg to a certam penod ofume m order to further evaluate the program to determme how It mIght fit m \\elth the broader pIcture of the CIty' 5 housmg aSSIstance programs :'\'lot1On by Councllmember Genser, seconded bv CounCllmember Femstem, to extend the contract WIth WIlldan ASSOCIates to December 31. 1998, and mcrease the contract amount by $250.000 The motion fal!ed by the follmvmg vote Ayes Councllmembers Femstem. Genser. Rosenstem :\oes CouncIlmembers Greenberg. Ebner. Mayor Holbrook Absent Mayor Pro Tern O'Connor Monon by COlUlcl1member Femstem. seconded bv Councllmember Greenberg. to execute a modIficatiOn to Agreement No 6581 \VIth WIlldan ASSOCiates, by up to $400.000 and extend the term through June 30. 1999. to 5 May 12, 1998 I I I I I I ORDI~ANCES: LEGAL ~ONCONFORMING USE 519 contmue admlmstratIOn of the Low Income Residential RepaIr Program The motIOn was approved by the foIlmnng vote Ayes Councllmembers Ebner. Rosenstem. Greenberg, F emstem, and Mayor Holbrook CounCllmember Genser Mayor Pro Tern O'Connor ).' oe s Absent Councllmember Genser requested that the record reflect that he does not oppose this program, he merely feels that It would be prudent to have some understandmg on the status of the program before commIttmg to another year and spendmg $400.000 of publIc funds END OF COXSENT CALENDAR 8-A CLARIFICATION OF DEFI~ITION OF A LEGAL NONCONFOR"IING USE ORDINA~CE Presented for mtroductlOn and first readmg was an ordmance of the City of Santa Momca to amend SectIons 9 04 18030 and 904 18040 of Article IX of the Municipal Code to clarIfy the defimtIOn of a legal nonconformmg use and to allmv automoblle dealerships. major office bUlldmgs and medtcal uses and nelghborhood- servmg commercIal uses to contmue to utilIze bUlldmgs and property \VhICh are located on reSIdentially-zoned parcels On order of the :vlayor. the publIc hearmg was opened Member of the publIc Joey Fullmer expressed her concerns The follmnng members of the publIc spoke m support of the staff recommendatlOn Damel Ehrler. Richard Mohme. Bob KarIm. Mark Hardmg. Walter Parr. Alan Parr. Paul SIlvern. Robert Ferguson. FranCIe Rehv.-ald. and Chns Hardmg lvlotlOn by CounCIlmemher Rosenstem_ seconded by Councllmember Genser. to hear a late speaker The motIOn ".-as unanimously approved by vOice vote Member of the publIc Bnan Hutchmgs expressed lus concerns There bemg no other speakers. the :Vlayor closed the publIc heanng MotIOn bv CounCllmember Ebner. seconded bv Councllmember Greenberg. to mtroduce for first readmg an ordmance entitled 6 -'vIay 12. 1998 520 "l\N ORDINANCE OF THE CITY COL"NCIL OF THE CITY OF SANTA MOKICA AMENDIKG SECTION 9 0418030 TO CLI\RlFY THE DEFINITION OF A LEGAL NONCOKFO~1ING USE AND SECTION 9 04 18040 OF ARTICLE IX OF THE ~fUNICIPAL CODE TO ALLOW FOR THE CONTINCED USE OF NEIGHBORHOOD SERVIKG COMMERCIAL. GENERAL OFFICE AND MEDICAL BUILDINGS AND USES LOCATED ON RESIDENTIALLY ZONED PARCELS AS OF 1982 AND AUTOMOBILE DEALERSHIP BUILD"DJGS AND USES WHICH ARE LOCATED ON RESIDENTIALLY ZONED PARCELS:' readmg by title only and \vaIvmg tUrther readmg thereof, amended to mc1ude c1antymg language to reflect current practices With respect to uses which do not currently have a CondItIonal Use Permit as follows Page 6, mtroductory language. to read as follows .'A legal nonconforrmng use IS a use which lawfully eXisted on the effective date of the Chapter. but which IS either a) not now permitted m the district m wruch It IS located, or b) now permitted by a Performance Standard Permit, Use Permit. or Condltional Use Permit, but no such permits have been obtained The motIOn was approved by the followmg vote Ayes Councllmembers Ebner, Rosenstem, Greenberg. F emstem, and Mayor Holbrook Councllmember Genser l"vfayor Pro Tern O'Connor Koes Absent CouncIlmember Genser requested that the record reflect that he voted agamst thiS ordmance not because he does not believe that accommodatiOns should be made for the auto dealers. but because he trunks that thiS ordmance, as adopted by the COunCIl. is not m conformance With what should be the City' s standards m consultmg \\>lth the atlected reSidents and CounCil has now allowed uses. \vhleh are potentially dlsharmomous with the eXlstmg reSidential neighborhoods. to contmue m perpetUity Without a parallel effort to make the users better neighbors MotIOn by CouncIlmember Genser. seconded bv CouneIlmember Femstem. to ask staff to mihate an effort to 7 May 12. 1998 I I I I I I RECESS REGLLATION OF PUBLIC EATIl\"G PLACES 521 develop new standards for the dealershIps ,"vhlch are on eXIstmg resIdentIal parcels, and mclude neIghbors m the dIalogue. and ask staff to report to CouncIl every SIX months with regard to the status of the project The motIon ,vas approved by voice vote. CouncIlmember Ebner and Mayor Holbrook opposed. tvlavor Pro Tem O'Connor absent CounCllmember Rosenstem requested that hIS vote be changed from "aye" to "no" resultmg III a t'~lIlure of the motIon to pass ylotIon bv CouncIlmember Genser. seconded bv - - CouncIlmember Feinstem. to request staff to return WIth a descnptIon of their efforts and poltcles regardmg the enforcement of the Zonmg Code With respect to automobile dealers and automobIle repaIr facIlmes The motIon was unanimously approved by vOIce vote, Ylayor Pro Tern O' Connor absent On order of the Mayor. the Cny Council recessed at 9 40 pm. and reconvened at 9 52 pm. With all members present, except ~Iayor Pro Tern O' Connor 8-B REGULA TIO:\ Al';~ GRADI:\G OF PCBLIC EATING PLACES (RESTAUR<\l\TS) ORDI~ANCE Presented was an ordmance for mtroductlOn and first readmg addmg Chapter 5 05 to the Santa Momca MunICIpal Code regulatlllg publtc eatlllg places On order of the Mayor. the pubhc hearmg was opened The follo\vmg members of the publtc spoke m oppOSItIon to the proposed ordmance Daniel Ehrler. Knstme Keller. and Dand Mokhdanan ylotlOn by CouncIlmember Ebner. seconded by Councllmember Greenberg. to mtroduce for first readlllg an ordmance entItled "A~ ORDINANCE OF THE CITY COIDJCIL OF THE CITY OF SAKTA MONICA ADDING CHAPTER 5 05 TO THE SANTA "YI0KICA "YILT};ICIPAL CODE REGULATING PUBLIC EATI~G PLACES:' readmg by tItle only and ,"valVlng further readmg thereot~ amended so that the second full sentence at the top of page 4 reads ".;ill InspectIon Score Card shall remam valId untIl the Health Officer completes the next lllspectlOn. deletIng the word "routme." and SectIOn B(l) on 8 May 12. 1998 STAFF ADMIN. ITEMS NEIGHBORHOOD ENHANCEMENT PILOT PROGRAM Councrlmember Greenberg was excused at 11 16 P m Councrlmember Gensel' H.as ncused at 11 18 P m COUNCILMEMBER 522 page 9 reads "Wnhm one (1) year of the effectlve date oftrus Ordmance, each Food ServIce OperatIOn as defined m SectIOn 5 05 090A5 shall employ at least one CertIfied Food Handler "" MotIOn by Councllmember Rosenstem. seconded by Councllmember Greenberg, to amend the motlOn that the ordmance take effect no earlier than July 1. 1998 MotIOn was accepted as frIendly Motion by Councllmember Femstem, seconded bv CouncIlmember Ebner. to contmue the meetmg past 11 00 P m The motion was unanImously approved by VOlce vote. Mayor Pro Tern O'Connor absent The mobon. as amended. ",;as approved by the followmg vote Ayes CouncIlmembers Femstem. Genser, Greenberg. Rosenstem. Ebner. Mayor Holbrook ).lone Mayor Pro Tern O'Connor ~oes Absent 9-A l'\EIGHBORHOOD El'\HANCEMENT PILOT PROGRAM Presented was the staffreport recommendmg approval of a Kelghborhood Enhancement PIlot Program m the area bounded by 14th Street on the west, Ste\vart Street on the east. OlympIc Boulevard on the north. and PICO Boulevard on the south Iv1otIOn bv Councllmember Ebner. seconded by Councllmemher - - Femstem. to approve a NeIghborhood Enhancement Pdot Program. adopt the recommended pdot neIghborhood and authOrIze staff to move forward WIth the approach and actlOns set forth m the staff report The monon was approved by the follo\ung vote Ayes CouncIlmembers Ebner, Rosenstem, Femstem, Mayor Holbrook Noes' None Absent CouncIlmembers Greenberg, Genser, Mayor Pro Tern O'Connor ] 4-A LOS ANGELES COUNTY WEST VECTOR 9 May ]2, 1998 I I I I I I DISCUSSION ITEMS: L.A. COUNTY "VEST VECTOR CONTROL CO:\<IMISSION ON OLDER AMERICANS VACA:\""CY BAYSIDE DISTRICT CORPORATION VACAl'ICIES BA YSIDE DISTRICT RESIGNA TIOl'l CELEBR4..TE A)tIERICA COl'lCERT PROGR4..:\<l Coul1cllmembers Ebner and Rosenstem l-vere excused at 11 30 p 111 PUBLIC I~PUT ADJOl:RNMENT 523 CONTROL VACANCY The appoIntment to the Los Angeles County West Vector Control for one vacancy for a term endmg December 31. 1999. \vas contmued to May 19. 1998 14-B COI\fMISSION O:\' OLDER AMERICAl'IS VACANCY The appomtment to the Comm1ssIOn on Older Amencans tor one unscheduled vacancy for a term endmg June 30. 2000. was contmued to May 19. 1998 14-C BAYSIDE DISTRICT CORPOR4..TION V AC.\i"lCIES The appomtments to three vacancies on the Bayslde DlStnct CorporatlOn for terms endmg June 30. 2000. \vere contmued to \<Iay 19, 1998 14-D RESIGNATION FRO:\<1 BA YSIDE DISTRICT CORPORATION The recommendatIOn to accept the letter of res1gnatlOn from Joel :Y1cLafferty and directIOn to the City Clerk to publish the vacancy was contInued to May 19. 1998 14-E FUNDING FOR FIREWORKS DISPLAYS TO THE "CELEBR4..TE A)ilERICA" CONCERT PROGRAM The request of Mayor Holbrook to diSCUSS an Increase m funding of $5,000 for fire\vorks displays to the "Celebrate Amenca" Concert Program to be held on Fnday. July 3. 1998, at Santa MOllica City College was contmued to May 19, 1998 With the absence of five CounCil members. :VIayor Holbrook requested that the record reflect that a committee of two Councllmembers were present to hear Public 1nput 15 PUBLIC INPl:T NIembers of the public David Busch and Jennafer \Vaggoner discussed homeless Issues \<Iember of the public Bnan Hutchmgs discussed vanous Issues On order ofthe Mayor. the Clly Council meetmg was adjourned at 11 40 pm. to May 19. 1998. at 6 15 p m APPROVED ATTEST ~'F'.~ A-r;:-~ ~vIana M Stewart City Clerk Robert T Holbrook l'vIayor 10 :VIay 12. 1998