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M-4/28/1998 I I I 497 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 2 Apn128.1998 I I I I I I 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, 3 Apn128. 1998 RECESS Counci/member Ebner exwsed herself from the meetmg at 11 04 P 111 500 Pam Brady, and Allan Paul Shatrm I 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 I 4 Apn128.1998 I I I 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 - ~- 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 5 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 6 Apnl28.1998 I I I I I I 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 7 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 ... I I 8 Apn128.1998