M-4/28/1998
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CITY OF SANTA MONICA
CITY COL":\'CIL MINUTES
APRIL 28, 1998
A regular meetmg of the Santa MOllica Cny CouncIl was called to order by Mayor Pro Tern
O'Connor at 6 20 pm, on Tuesday. Apn128. 1998, m the Councll Chambers
Roll Call
Present
Absent
Also Present
CLOSED SESSIONS
:Vlayor Pro Tern Pam 0 "Connor
Councllmember Ruth Ebner
Councllmember MIchael Femstem
Councllmember Ken Genser
Councllmember Asha Greenberg
Councllmember Paul Rosenstem
:'vlayor Robert T Holbrook
Cny Manager John Jahh
Cny Clerk Mana:Vl Ste'''''art
AssIstant CIty Attorney Joe La''''Tence
CLOSED SESSIONS At 6 20 pm. CouncIl adjourned to
Closed SessIOn to consIder the follmvmg
16-A Conference with Legal Counsel- Existing LitigatIOn
Rmg T radmg Corporation v Cltv of Santa MOllica. Case No
BCl72044
ACTION No reportable actIOn taken
16-B Conference with Legal Counsel - Existing Litigation
McNallv v Butts. et al . Case No CV 95-8634
ACTIO~ :'\10 reponab1e actIOn taken
16-C Conference with Legal Counsel- Existing Litigation
Frank Moody v Cn" of Santa Momca. Case No B 106196
ACTIO1\" Ko reportable actIOn taken
Apn128,1998
RECONVENE
PLEDGE
CONSENT CALENDAR:
MINCTES
EARTHQUAKE
RECOVERY RESOLUTION
RESTROO:\1S - DOUGLAS
PARK
498
CounCIl reconvened at 7 00 pm, \VIth all CouncIlmembers
present. except ~1ayor Holbrook
Councllmember Ebner led the assemblage m the Pledge of
AllegIance to the Flag of the Umted States of Amenca
On order of the :\1ayor Pro Tem. Item No 13-A WIll be heard
after the Consent Calendar III order to accommodate young
people and their parents wlsmng to address the Item
The Consent Calendar was presented. whereby all Items are
conSIdered and approved m one motIon unless removed from
the calendar for dISCUSSIOn
Member of the pubhc Joey Fullmer addressed Items on the
Consent Calendar
MotIon bv CouncIlmember F emstem. seconded by
CouncIlmember GreenbeIl!, to approve the Consent Calendar.
readmg resolutIOns and ordmances by tItle only and WaIvmg
further readmg thereof The motIOn was approved by the
followmg vote
Ayes
Councllmembers Femstem, Genser. Greenberg.
Rosenstem. Ebner. and Mayor Pro Tern O'Connor
:.Jone
Mayor Holbrook
Noes
Absent
6-A APPROVAL OF MINUTES The mmutes of the March
3. 1998, City CounCIl meetIng were approved
6-B EARTHQUAKE RECOVERY RESOLVTION
(JANUARY 1994 EARTHQUAKE DAMAGE) ResolutIOn
No 9264(CCS) entItled 'A RESOLUTIOK OF THE CITY
COL')JCIL OF THE CITY OF SANTA MONICA
DECLARI:-.TG THE EXISTENCE OF A COKTINUING
LOCAL EMERGEKCY:' was adopted
6-C DESIGN AND CONSTRUCTION PLANS FOR NEW
RESTROOM FACILITIES AT DOVGLAS PARK The
amendment to Contract}.lo 6592(CCS) was approved \V1th
RlOs ASSOCiates, m the amount of S28500. for the deSIgn and
preparatlon of construction documents for ne"v restroom
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REIMBURSEMDJT -
ML~ICIPAL STORM
WATER PER\,nT
CITY HALL ELEVATOR
WRITTE~ COM:\'I.
AFTER SCHOOL ACCESS
TO SCHOOL YARDS
499
facIlmes and landscape Improvements at Douglas Park
6-D REIMBURSEMENT OF COSTS ASSOCIATED
WITH SITE VISITS TO EDUCATE BUSINESSES
REGARDING MUNICIPAL STOR..\.J. WATER PERMIT
Contract No 6977(CC5) was approved \\l.th the Los Angeles
County Department of Public Works for reImbursement of
$12.305 per year, for four years. for educatIOnal SHe VISitS
related to the mumclpal storm \vater permit
6-E DESIG~ AND COl'\STRL"CTIOi\" MANAGEMENT
OF CITY HALL ELEVATOR REPLACEMENT Contract
:-.10 6978(CCS) was approved \\l.th RobmsonlTakahashI/Katz
& ASSOCIates. m the amount of $100,000. for the de51gn and
comtructlon management of the Clty Hall elevator replacement
project
E~D OF CONSE:-.TT CALENDAR
13-A AFTER SCHOOL RECREATION PROGRAM
Presented was the request of TncIa Crane to addres5 CounCIl
regardmg mamtammg free playground access as part of the
supervised after school recreation program
The follmvmg members of the public spoke m support of free
playground access as pan of the supervised after school
recreation program J'vf1chela FItten, AleXIS FItten. Samantha
Greenberg. Enc Bromberg. JImmy \v11lte. Dylan Marks. Kevm
McCarthy. SachI Petz. Qumcy Jackson, Jeunlfer Block, :Vleghan
Moran. Katy Moran. DaVid Yapko\\l.tz, Betsl Anne. Knsta
Jackson. Crystal Anderson. Edith YapkO\\1tz, Rebecca Frank,
Clarence-Jon HeIsler. Tnu Lukk. KnstI :VlcCune, TncIa Crane.
Kathy KartIganer. John Petz. and ChriS Blaauw
Frank Schv.iengeL Chatr of the Parh & RecreatIOn
CommIssIOn. dIscussed the CREST pragIanl
The follO\\l.ng members of the public spoke m support of the
CREST program Gma Jackson. Mathew Cundmger, Melmda
Jara. AleJandnna Pacheco. Rosa JImenez. RIta Lm,venthal,
Karen ParIS. PatrICIa Summers. Joanne Leavitt. Juh DIChlIO,
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Apn128. 1998
RECESS
Counci/member Ebner
exwsed herself from the
meetmg at 11 04 P 111
500
Pam Brady, and Allan Paul Shatrm
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Member of the pubhc GIna FItten dIscussed the process
Involved \nth the creatlOn of the CREST program and
conveyed her recommendatIOn that there be free access for all
chIldren W-:lth supervisors aVailable between 3 p m and 5 p m
through a Sign-In program Member of the pubhc Donna
Foreman spoke m support of the CREST program and
suggested that It be expanded to Include all chIldren m some
capaCIty
:Y1ember of the pubhc Nell Carrey spoke In support of the
CREST program \\'Ith a low cost optlOn Member ofthe pubhc
Joey Fullmer expressed her concerns
On order of the :.1ayor Pro Tern. the CIty CounCIl recessed at
920 pm, and reconvened at 9.40 pm. \"lth Mayor Holbrook
absent
The followmg members of the pubhc spoke III support of free
playground access as part of the supervIsed after school
recreatIon program Kevm McCarthy, Frank SchweItzer. Darcy I
McCarthy. Carol Bromberg, Beau Marks. Shern McCune,
Donna Block. DaVId Cole. Susan ;\1orafa, Fred Durlesser. and
RIck Yapkowltz
The followmg members of the public spoke In support of the
CREST program Irene ZlVl, Carole ::\e\\'som. Jane Munoz, and
Steve Martmez
Member of the pubhc Donald Le"vlll Kelson expressed concern
With the children who are not enrolled III any sort of after
school programs
MotlOn by Councllmember Felllstem. seconded by
Councllmember Genser. to contmue the meetIng past 11 00
pm The motIon was unammously approved by VOice vote,
CounclImember Ebner and Mayor Holbrook absent
CounclImember Greenberg moved. seconded bv
CounCllmember F emstem. to hear late speakers for one mmute
each The motlOn was approved, Counctlmember Rosenstem
opposed. Counctlmember Ebner and Mayor Holbrook absent
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ORDINANCES
DISCOUNT OF FLOOR
AREA FOR
RESIDENTIAL USES
501
The folloWIng members of the pubhc spoke In support of free
playground access as part of the supervised after school
recreatlOn program Leshe Starkman and RIchard Bloom
Member of the pubhc Kelly Olsen encouraged CounClI to go
forward \"lth a program that v,.ll work tor everyone Member
of the public Bnan Hutchmgs expressed hiS concerns Patty
Flynn spoke III support of the CREST program.
:..-lotton bv Counctlmember Greenberll:. seconded bv
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Councllmember Genser. to close the pubhc heanng and
contInue the remamder of thiS llem to the next avaIlable
meetmg
MOHon by Councllmember Rosenstelll. accepted as fnendlv,
that thiS Item return as a "5" item. broadening the subJect to
lllclude a diSCUSSIOn of the CREST program
The motlOn. as amended. was unanimously approved by VOice
vote. Councllmember Ebner and Mayor Holbrook absent
8-A DISCOUNT OF FLOOR AREA FOR RESIDENTIAL
USES ORDINANCE Presented for mtroductIon and adoptlon
\vas an mtenm ordmance extendmg the modlficatlOns made to
development standards m the C3-C Do\vntown Overlay Dlstnct
and declarmg the presence of an emergency
On order of the Mayor Pro T em, the pubhc heanng was opened
There bemg no one WishIng to speak. the Mayor Pro Tem
closed the public heanng
Iv10tlOn by Councilmember F elllstelll. seconded bv
Councllmember GenseI. to adopt Ordlllance No 1910(CCS)
enlltled "A:-J INTERIM ORDINA:-JCE OF THE CITY
COL'KCIL OF THE CITY OF SAKT A ;\IONICA
EXTENDI::-JG r-.WDIFICA nONS MADE TO THE
DEVELOPlv1E),[T STANDARDS IN THE C3-C
DOWNTOWN OVERLAY DISTRICT. DECLARn\G THE
PRESE::-JCE OF AN EMERGENCY'" amended to make a
findmg to appropnately m11lgate traffic impacts and to make a
findlllg that any parklllg removed to make way for the proJect IS
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Apnl 28. 1998
STAFF ADMIN. ITEMS
MERGER OF BAYSIDE
DISTRICT CORP AND
CENTRAL BUSINESS
DISTRICT
502.
replaced In order to qualify for the new reVlew threshold The
motIOn was approved by the follO\nng vote
Ayes:
Councllmembers FelOsteIn, Genser. Greenberg,
RosensteIn,
and Mayor Pro Tern O'Connor
None
Councllmember Ebner, Mayor Holbrook
~oes
Absent
9-A MERGER OF BAYSIDE DISTRICT
CORPORATION AND THE CENTRAL BUSINESS
DISTRICT Presented was the staff report recommendlllg 1)
approval m concept of the merger between the Bayslde DIstnct
CorporatIon and the Central Busmess DIstnct, 2) authonzatlOu
for the CIty Manager to negotiate and execute a new Services
Agreement between the City and Bayside to reflect the merger.
and, 3) termlllation of the eXlstlllg contract between the City
and the Santa :.-1omca Chamber of Commerce regardlllg momes
collected from the Central Busmess Dlstnct
On order of the ;\1ayor Pro Tern, the pubhc hearmg was opened
;\1embers of the pubhc Ann Greenspun and Kathleen Rawson
spoke III support of the staff recommendatIOn
There bemg no one else \"lshlllg to speak, the public hearmg
was closed
MotIon bv Councllmember RosensteIn. seconded by
Councllmember Genser, to 1) approve ill concept ofthe merger
bet\veen the Bayslde Dlstnct COrporatlOn and the Central
Busllless Dlstnct, 2) approve Contract No 6979(CCS) between
the CIty and Bayslde to reflect the merger. and, 3) termmate the
eXIstlllg contract between the City and the Santa MOlllca
Chamber of Commerce regardmg momes collected from the
Central Busmess DIstnct. addmg language that a work plan
would be addressed to the City Councll for renew and approval
as part of the budget process
MotIon by Councllmember Genser. accepted as frlendlv. 10
amend the mollon that the lmtlal term of the agreement be for
two years. \nth subsequent terms beIng for five years The
ffiam motIon was approved by the followlllg vote
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Apnl28.1998
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Counellmember Greenberg
excused herself from the
meeting at 11 25 P m
COL"NCILMEMBER
DISCIISSION ITEMS
L.A. CO. WEST VECTOR
CO~TROL VACANCY
COM:\'IISSIOl\"" ON
OLDER AMERICANS
V AC.~ ,"CY
COMMISSIOl'\ ON THE
STATUS OF WOMEN
VACA:VCY
RESIGNATION FRO:\1
RECREATION & PARKS
COl\1YIISSION
OPPOSITION TO SB1651
RE LEAF BLOWERS
503
Ayes Councllmembers Rosenstelll. Genser, Femstem.
;\layor Pro Tern 0' Connor
Xoes None
Absent CounCllmembers Ebner. Greenberg, and Mayor
Holbrook
14-A LOS ANGELES COUNTY WEST VECTOR
CONTROL VAC\~CY The appomtment to the Los Angeles
County \Vest Vector Control for one vacancy for a term endmg
December 31. 1999. was contmued to the next avaIlable date
14-B CO~IMISSION ON OLDER AMERICANS
V ACANCV The appomtrnent to the CommIssIOn on Older
Amencans for one unscheduled vacancy for a term endmg June
30. 2000. was contmued to the next avallable date
14-C CO:\'1MISSION ON THE STATUS OF WO~IEN
VACANCY :\tlayor Pro Tern O'Connor opened the t100r to
nommatlOns to the CommisSIOn on the Status of Women
Mayor Pro Tern O' Connor nommated Suzanne KIm There
bemg no other nommatlOns. nommatlOns were closed
110tIOn by :\1avor Pro Tern O'Connor. seconded by
CouncIlmember Femstem. to appolllt Suzanne Kim by
acclamatIOn to the CommissIOn on the Status of Women for a
term endmg June 30. 1999 The motIOn was unanimously
approved by VOIce vote, CounCllmembers Ebner, Greenberg,
and :\t1ayor Holbrook absent
l4-D RESIGNATION FROM THE RECREATIO~ A.~D
P ARKS COMMISSION CouncIlmember Genser moved.
seconded by CouncIlmember Feinstelll. to accept With regrets
the reSignatIOn of Thomas J tvlortensen from the RecreatlOn
and Parks ComnllSslOn and authonze the City Clerk to pubhsh
the vacancy The motIon \vas unarumously approved by VOlce
vote. CounCllmembers Ebner. Greenberg. and Mayor Holbrook
absent.
l4-E OPPOSITIOl\"" TO SB1651 Presented 'was the request
of CouncIl member Genser to request that the CIty CounCll
express Its Oppos11l0n to SB 1651 whtch would pre-empt local
control over the regulatIon and prohibitIon of leaf blowers
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Apnl 28. 1998
504
Y1otIon bv Councllmember Genser. seconded bv I
Counctlmember Femstelll, to express Opposl11on to SB1651 and
ask staffto prepare a letter for the Mayor's SIgnature and send 11
to the appropnate bodIes, and ask the CIty'S lobbyist to work on
tills issue The motton was unammously approved by voice
vote, Councllmembers Ebner. Greenberg. and Mayor Holbrook
absent
OPPOSITION TO
PROPOSITION 226 RE
RAISING FUNDS BY
LABOR L~IONS FOR
POLITICAL ACTIVITIES
14-F OPPOSITIO~ TO PROPOSITION 226 The request of
Mayor Holbrook that the C11Y CounCil express ItS OpposttlOn to
Proposition 226 whIch makes It more dIfficult for labor unions
to raise funds for pohtlcal aCtlVltIes was contmued to the
meetlllg of May 5. 1998
PUBLIC INPUT
15 PUBLIC INPUT Member of the pubhc Bnan HutchIngs
discussed leafblO\\'ers
On order of the Mayor Pro Tern, the Cay CounCil meetmg was
adjourned at 1146 pm, to May 5,1998. at 615 p m
ADJOURN),IENT
ATTEST APPROVED
~~~~~
Marla M Ste,-vart am O'Connor
City Clerk ayor Pro Tern
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