M-2/17/1998
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CITY OF SANTA MONICA
CITY COUNCIL MINLTES
FEBRLARY 17, 1998
An adjourned regular meetmg of the Santa .\1omca Cny CouncIl was called to order by Mayor
Holbrook at 6 15 pm, on Tuesday, February 17. 1998.111 the Council Chambers
Roll Call
Mayor Roben T Holbrook
Mayor Pro Tern Pam O'Connor
CouncIlmember Ruth Ebner
Councllmember Michael Femstem
Councllmember Ken Genser
Councllmember Asha Greenberg
Councllmember Paul Rosenstem
Present
Also Present
Cny Manager John Jahh
Cny Attorney Marsha Jones Moutne
City Clerk Mana M Ste\vart
CLOSED SESSIONS
CLOSED SESSIONS At 6 15 pm. CouncIl adjourned to
Closed SessIOn to conSider the follo\vmg
6-A Conterence \Vlth Legal Counsel CIty of Santa :MOllica v
Mobil Oil, Case No SC 778141
ACTIO?\" Heard No reportable actIOn taken
6-B Conference With Legal Counsel Santa MOllica Housmg
CounCIl v Cltv of Santa MOllIca. Case No BC 184061
ACTION Heard No reportable actIOn taken
6-C Conterence WIth Legal Counsel Cny of Santa .'vlomca v
Shell OIl. Case:-.1o BC 12136
ACTION Heard No reponab1e action taken
February 17. 1998
RECONVENE
PLEDGE
CONTINUED ITE:\iIS:
PRC TERM U:\iIITS
410
6-D Conference wlth Legal Counsel - Antlclpated LltIgatlOn
Kumber of cases Two
ACTION Heard No reportable actIOn taken
6-E. Conference "'lith Labor :.Jegotlator.
Cny:'\regotlator Karen Bancroft Personnel Dlfector
Bargammg Dmt Santa Momca PolIce Officers ASSocIatIOn
(SMPOA)
ACTION Heard No reportable actIOn taken
CounCIl reconvened at 7 00 pm. With all Councllmembers
present
CouncIlmember Ebner led the assemblage m the Pledge of
Allegiance to the Flag of the umted States of Amenca
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Motton bv CouncIlmember Genser. seconded bv CouncIlmember
Femstem. to combme and hear concurrently items 5-D. 5-E and
14-D relatmg to preferentIal parkmg dlstncts and enforcement of
parkmg regulations wlthm the dlstncts The motlOn was I
unanimously approved by VOlce vote
5-A: PIER RESTORATION CORPORATION (PRe)
TERM LIMITS Motlon bv CouncIimember Femstem.
seconded by Mayor Pro Tern O'Connor. to hear speakers on thlS
Item The mohon was unammously approved by YGlce vote
Member of the public Lmda Sulhvan spoke m Opposlt1on to term
hmlts :Member of the pubhc Joey Fullmer expressed her
concerns
DISCUSSIOn ensued relatlve to lack of eXlstmg pohcy for term
hmlts for the PRe. the eXlstmg resolutlOn establIshmg moo-term
hmlts for Charter-created COmmlSSlOns and the practice of
lumtmg other boards and commISSIOns to two terms
MotIon by CouncIlmember Genser. seconded bv Councllmember
Femstem, to direct staffto dlSCUSS the lssue of term hmlts "vlth
the PIer RestoratIon CorporatIOn dunng negOtIatIOns of the
modtficatIOn of the service agreement. and. dlfect staff to
develop an appropnate mechamsm to refine the general polIcy of
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February 17. 1998
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PRC APPOIKTMENTS
411
term lImIts for aU boards and commiSSIons, IncludIng the
POSSlbIhty of mtroducIng thIS tOpiC at the upcomIng Boards and
CommlsslOns dInner at the end of March The motIon 'was
approved by the follo'''lng vote
Ayes
Councllmembers Femstem, Genser, Greenberg.
Rosenstem. Ebner. Mayor Pro Tern O'Connor. Mayor
Holbrook
None
None
Noes
Absent
5-B: PIER RESTORA nOl\" CORPORA TIO~
APPOINTME~TS Motion by Councllmember Genser.
seconded by Mavor Pro Tern O'Connor. to reappomt the
mcwnbents Rae ArchIbald and WIlham Spurgm for a term
endmg November 10, 1999, and reappomted Glen L Fnedman
for a term endmg November 8. 2000
SubstItute motion bv CouncJ!member Rosenstem, seconded by
CouncIlmember Ebner. to delay appomtments to the P,er
RestoratIOn CorporatIOn. until the serVice agreement between the
City and the Pler RestoratIOn CorporatIOn ]s renewed and
approved The substitute motlOn failed by the follo,vmg vote
Ayes
~oes
CouncIlmembers Ebner, Rosenstem
Counc]lmembers Greenberg. Genser. F emstem,
Mayor Pro Tern O'Connor. J'vIayor Holbrook
Kone
Absent
Councllmember Ebner requested that the record reflect that she
voted the way she dId because she feels that by makmg these
appoIntments. CounCil has made It pOSSIble to serve even longer.
and Ifterm hmits are adopted these appoIntees 'VIU pOSSIbly
serve a full term plus two more full terms. ,,,h]eh she beheves IS
too long
The mam motion was approved by the followmg vote
Ayes
CouncIlmembers Ebner, Greenberg. GenseL FemsteIn.
yIayor Pro Tern O'Connor. Mayor Holbrook
CounCllmember Rosenstem
:'-Jone
Noes
Absent
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February 17. 1998
AIRPORT COMMISSION
APPOn\T\IENTS
PREFERE]\"TIAL
PARKING ZONES
412
5-C: AIRPORT COMMISSION APPOI~TMENTS
Member of the publIc Bnan Hutchmgs discussed his
qualIficatIOns for appomtment to the Airport Commission
Mayor Holbrook announced that the floor would conslder
nomInatIOns to the AIrport CommIssIOn
Councllmember Genser nommated Jean Gebman and Todd
Cleary
There beIng no other nomInatIOns. nomlllatlOns were closed
Motion by CouncIl member Genser. seconded bv CounclImember
Greenberg. to appomt Jean Gebman to the Allport COml1l1SSlOn
for a term endmg June 30, 2001, and Todd Cleary for a term
endmg June 30. 1998 The motion was unanllllOusly approved
by vOice vote
5-D: PREFERENTIAL PARKING ZONE Ol" 14TH
BETWEEN lVIO:"lTANA A VEl"UE AND AL TA AVENUE
Presented for first readmg and mtroductlon was an ordmance of
the City of Santa MOllica addlllg SectlOn 3 08 480 to the
municipal code to establish Preferential Parkmg Zone JJ
Motion by Councllmember GenseL seconded bv Councllmember
Greenberg. to approve the negative declaratIOn and Illtroduce for
first readlllg an ordlllance entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDIKG SECTION 3 08 480 TO THE SA?\TTA MONICA
~IUNICIPAL CODE TO ESTABLISH PREFERE~TIAL
PARKDJG ZONE n," readlllg by title only and \valVlng further
readlllg thereof. amended that there be no parklllg except by
permit
Substitute motion bv Mayor Pro Tern O'Connor. seconded by
Councllmember Ebner. to approve the negatlve declaratIOn and
mtroduce the ordmance for first readmg
MotIOn by Councllmember Femstelll. not accepted as frlendly. to
amend substitute motIon to request that staff return \Vlthm three
months \'\lth a report on enforcement activities m the newly-
created zones Councllmember Felllstelll vvlthdre\v hiS
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February 17.1998
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amendment
The substitute motion was approved by the followmg vote
Ayes
Councllmembers Ebner. Rosenstem. Femstem.
l'vfayor Pro Tern O'Connor, ylayor Holbrook
Councllmembers Greenberg, Genser
None
Noes
Absent
COUllCllmember Greenberg requested that the record reflect that
she voted 'no" because she feels that thiS should be no parkmg
without a permit for a specified penod of time
Council member Genser requested that the record reflect hiS
concurrence with the sentiments expressed by CounCllmember
Greenberg
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MotIon bv Councllmember Femstem. seconded by Mayor Pro
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Tern O'Connor, to request that staffretum wItlun three months
after ImplementatIOn of the ordmance \vlth a report on the
effectiveness of enforcement actIvIties III the newly-created
zones The motIOn \vas approved by the folJowmg vote
Ayes
Councllmembers Ebner, Rosenstem. Greenberg.
Genser. Femstem. Ylayor Pro Tern O'Connor, Mayor
Holbrook
:.rone
None
)\oes
Absent
5-E: PREFERENTIAL PARKING ZONE ON 15TH
BETWEEN :\IONTANA AVENUE AND ALTA AVENUE
Presented for first readlllg and mtroductIon was an ordmance of
the City of Santa Ylomca amendmg SectIon 308 180 of the
mumclpal code to modify the hours m Preferential Parkmg Zone
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:Motlon bv Councllmember Genser. seconded bv Councllmember
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Greenberg. to approve the negatIve declaration and mtroduce for
first readmg an ordmance entItled "AN ORDDJANCE OF THE
CITY COCNCIL OF THE CITY OF SANTA i\1ONICA
AyIE~DI:--rG SANTA MO:\lICA yfUNICIPAL CODE
SECTIOK 308180 TO MODIFY THE HOURS IN
PREFEREKTIAL PARKING ZONE G:' readmg by tHle only
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February 17.1998
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and Walvmg further readmg thereof. amended that there be no
parkmg except by permit
Substitute motIOn by Mayor Pro Tern O'Connor. seconded by
Councllmember Ebner. to approve the negative declaratIOn and
Introduce the ordmance for first reading. The substitute motion
was approved by the followmg vote
Ayes
Councllmernbers Feinstein, Rosenstem. Ebner.
Mayor Pro Tern O'Connor, :\1ayor Holbrook
CouncIlmernbers Genser. Greenberg
Kone
Noes
Absent
Councllmember Greenberg requested that the record reflect that
she voted "no" because she feels that thiS should be strictly
penmt parkmg
Councllrnember Genser requested that the record reflect his
concurrence With the sentiments expressed by Councllmember
Greenberg
MotlOn by Councllmember Femstem. seconded bv Mavor Pro
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Tern O'Connor. to request that staffreturn wIthin three months
after Implementation of the ordinance With a report on the
effectiveness of enforcement activities m the newly-created
zones The motion was unammously approved by vOice vote
5-F: PREFERE"XTIAL PARKING ZONE Ol'i CENTINELA
BETWEEN WILSlllRE BOIJLEVARD Ai"lD LIPTO~
A VENlJE Presented for first reading and mtroductlOn was an
ordinance of the Cny of Santa MOllica adding SectIOn 3 08 500 to
the mUnIcipal code to establish Preferential Parking Zone LL
:\10tlOn bv Councllmember Greenberg. seconded by
CouncIlmember Ebner, to approve the negatlve declaratlon and
mtroduce for first readmg an ordmance entitled "AK
ORDINANCE OF THE CITY COUNCIL ADDING SECTIO:.r
308500 TO THE SA'\TA MONICA MUNICIPAL CODE TO
ESTABLISH PREFERENTIAL PARKING ZONE LL:' readmg
by title only and \ValVlng further readmg thereof The motion
\vas approved b)" the followmg vote
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February 17. 1998
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PREFERENTIAL
PARKING DISTRICTS
AND ENFORCEME~T OF
REGt:LATIOXS
RECESS
CHA~GE ORDER OF
AGEl'IlDA
WRITTEN
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Ayes
Counctlmembers Ebner, Rosenstem, Greenberg,
Genser. Femstem. Mayor Pro Tem O'Connor. Mayor
Holbrook
None
None
Noes
Absent
14-D: CITY'S PROCESS FOR APPLICATIONS FOR
PREFERENTIAL PARKING DISTRICTS AND
EXFORCEMENT OF REGULATIOXS WITHIN THE
DISTRICTS
Presented was the request of Councllmember Genser to discuss
the process for applIcations for parkmg dlstncts and enforcement
of regulatIOns \\"Ithm the dlstncts
:\1embers of the publIc Jamna Krupa and Susan Oldfield
discussed the current lengthy process for applIcatIons for
preferential parkmg
.\lotlOn by Councllmember Genser. seconded by Councllmember
F emstem, to direct staff to analyze resource needs. mcludmg
deployment of eXlstmg staff to enforce the parkmg districts The
motIon was unammously approved by vOIce vote
CounCllmember Ebner excused at 9 19 p m
l\10tlOn by Councllmember Genser, second by Councllmember
F emstem, to direct staff to return \Vlth performance measures and
tImetables for acceptable levels for processmg applIcatIOns tor
preferential parkmg dIstncts. and also return WIth a method of
commumcatmg the process to the publIc The motion was
unanimously approved by vOIce vote. Councilmember Ebner
absent
On order of the Mayor. the City Council recessed at 921 pm.
and reconvened at 936 pm. with all members present
On order ofthe xlayor. the request of PhillIp Gearhart \"111 be
heard at thiS time. smce tills matter was contmued from February
10. 1998. when Mr Gearhart volunteered to have hiS matter
contmued to allO\v CouncIl to fimsh their agenda m a timely
manner
13-A: USE OF ADJACE~T PRIVATE PROPERTY AS
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February 17. 1998
COMMUNICA TIONS:
USE OF ADJACENT
PRIVATE PROPERTY AS
PARKI~G SPACE
ORDINANCES
RESTAURANT SEATING
LIMITATION
REPEAL OF 1 % LOCAL
BIDDIXG PREFERENCE
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PARKING FOR THE Sll4CKRESTAURANT Presented
\vas the request ofPhllhp Gearhart, o\vner of The Shack
restaurant to address CounCIl regardmg the use of adjacent
pnvate property as a parkmg lot for hIS busmess
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Motion bv Councllmember Rosenstem. seconded bv
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Councdmember Greenberg:. to meet ,vlth the City Attorney m
closed seSSlOn to dISCUSS htIgation on thiS Issue The motion was
unarurnously approved by vOlce vote
8-A: REINSTATEMENT OF RESTAURANT SEATING
LI::\-lITATION ON MAIN STREET ORDI~ANCE Presented
for second readmg and adoptlOn .vas an ordmance of the CIty of
Santa Moruca amendmg SectlOn 9040828 070 of the MunicIpal
Code to establish a restaurant seatmg limItatlOn of75 seats m the
eM District on the east Side of Mam Street, north of Ocean Park
Boulevard
MotIOn by CounCllrnember Greenberg, seconded bv
Councllmember Femstem. to adopt Ordmance No l899(CC5)
entItled "AN ORDINANCE OF THE CITY COlJNCIL OF THE
CITY OF SANTA MONICA AMENDD.'G SECTION I
9040828070 OF THE SANTA MONICA ~1UNICIPAL CODE
TO ESTABLISH A RESTAl:RANT SEATIKG LIMITATION
OF 75 SEATS IN THE CM DISTRICT O-:-.r THE EAST SIDE
OF l\iAIN STREET KORTH OF OCEAK PARK
BOULEV ARD:' readmg by title only and walVlng further
readmg thereof The motion was approved by the follo\',rmg vote
Ayes
Councllrnernbers Femstem, GenseL Greenberg,
Rosenstem. Ebner, Mayor Pro Tern O'Connor, Mayor
Holbrook
None
None
Noes
Absent
8-B: APPROVAL OF ALTERNATE LOCAL BUSI~ESS
OUTREACH PROGRAM AND REPEAL OF 1 % LOCAL
BIDDING PREFERENCE ORDIXANCE MotIon bv
Councllmember Greenberg. seconded bv Counctlrnernber Ebner.
to adopt Ordmance No 1900(CC5) entItled "AN ORDINA:\CE
OF THE CITY COL~CIL OF THE CITY OF SAKTA
~ONICAkv1ENDIXG ;.,1UNICIPAL CODE SECTIONS
2 24090 AND 2 24 100 AND REPEALING ORDINAKCE
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AMENDMEl'H TO
STREET VE~DOR
ORDINANCE
INCLrSIONARY
HOUSI~G
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:-L'MBER 1762(CCS) TO DELETE THE ONE PERCENT
BIDDING PREFERENCE FOR SANTA :\-1ONICA
BCSINESSES:' readmg by tItle only and walvmg further readmg
thereof The motIon was approved by the followmg vote
Ayes
Councllmembers Ebner. Rosenstem, Greenberg,
Mayor Pro Tern O'Connor, Ylayor Holbrook
Counctlmembers Genser, Femstem
None
Noes
Absent
CouncIlmember Genser requested that the record reflect that he
voted "no" on the above motton because he feels that It IS a vote
agarnst the taxpayers of the Cny for bureaucratIc convemence. he
feels that It IS a bad pohcy to abandon the 1 % preference for local
bIdders because It can only save taxpayers' money and boost the
local economy
CouncIlmember F ernstem requested that the record reflect hIS
concurrence \\1th CouncIlmember Genser. and that he also feels
that the Cny mIssed the opportumty to bolster the economIC
development part of the Sustamable CItIes Plan by havmg a local
preference. 'VhICh was not done
8-C: AI\'1ENDMENT TO "STREET VENDOR"
ORDINANCE MotIOn bv Councl1member Greenberll. seconded
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bv CouncIlmember Ebner, to adopt Ordmance No 1901(CCS)
entitled "A1\ ORDI)lAKCE OF THE CITY COU1\C1L OF THE
CITY OF SA::\TA YI0NICA AME)lDI1'\G SANTA :\-1O:'-I1CA
YIUN1CIPAL CODE SECTION 6 36 030 RELATING TO
STREET VENDING:- readmg by tItle only and walvmg funher
readIng thereof The motIOn was approved by the followmg vote
Ayes
CouncIlmembers FeInsteIn, Genser, Greenberg.
Rosenstem. Ebner. Mayor Pro Tern O'Connor. Mayor
Holbrook
::\one
Kane
Noes
Absent
8-D: I:'-lCLUSIONARY HOUSING PROGR.\M
ORDINANCE Presented for first readmg and IntroductIOn was
an ordInance of the CIty of Santa Momca amendmg the Cny' s
1ncluslOnary Program (Ordmance::\o 1615) and a
recommendation to adopt a resolutIOn establishIng an
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February 17. 1998
STAFF ADMIN. ITE:vJ:S
LlBRA.RY :\'lASTER PLA.'"
WRITTE~ COMMUNICA-
TIOl\"'S: 1999 ROSE
PARWE
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mcluslOnary base pnce for purposes of calculatmg the m !teu fee I
optiOn for low and moderate mcome umts
On order of the Mayor, the public heanng was opened Member
of the public Joey Fullmer expressed her concerns
Member of the public ChrIS Hardmg expressed hIS concerns
regardmg the ordmance as proposed There bemg no other
speakers, the Mayor closed the public heanng
MOllon by Counctlmember Genser. seconded bv Mavor Pro Tern
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O'Connor, to take no aCllon on thIS Item and move to the next
agenda Item The motIOn was approved by vOIce vote, :~vlayOl
Holbrook opposed.
9-A: MASTERPLAN FOR THE SANTA MOl\ICA
PUBLIC LIBRARY Presented was the staff report
recommendmg approval of the Draft Master Plan for the Santa
Momca Public LIbrary. dIrectIOn to staff to begm development of
schemallc plans for hbrary expansIOn. and, exploratlon of optIOns
for fundmg the Master Plan
On order of the Mayor. the pubhc heanng was opened There
bemg no one wlshmg to speak. the Mayor closed the pubhc
heanng
Councllmember Ebner was excused at 10 39 p m
MOllon by CouncIlmember Genser. seconded bv CouncIlmember
Femstem, to contmue the meetmg past 11 00 p m The motlon
,vas unanimously approved by vOIce vote. Councllmember Ebner
absent
~lotlOn bv COUllcIlmember Greenbenz. seconded bv
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Councllmember F emstem. to approve the draft Library Master
Plan and direct staff to begm development of schematic plans
and exploratIOn of options for financmg The motIon was
unanrmously approved by VOIce vote. Councllmember Ebner
absent
13-B: POSSIBLE PARTICIPATION IN THE 1999 ROSE
PARADE Jaye Hov,ies. Conme Schurr. Susan Theurkauf. and C
J Straun presented the request of the ~mety-~mes.lnc , to
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AMENDMENT TO
SECTI01\" 9 RELATING
TO C3-C ZOMNG
DISTRICT
COU1\"CILME.\mER
DISCUSSION ITEMS
ZO:'-!ING ORDINANCE
AME1\"DMENT
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address Council regardmg the CIty' S possible partiCipatIOn m the
1999 Rose Parade
!vlember of the public Karl Schobelg spoke in support of the
request of the Nmety-Kmes Member of the publ1c Bnan
Hutchings expressed hiS concerns
~,lotlOn by CouncIlmember Genser, sec(;mded by COUllCllmember
Greenberg. to ask staff to meet \Vlth the Nmety-='J'mes to diSCUSS
Issues and return to Council at the meetmg of February 24. 1998
The motIon \vas unammously approved, Councllmember Ebner
absent
13-C: AMEND::\<IENT TO SECTION 9.04.08.20.070(b)
RELATIVE TO THE C3-C ZONING DISTRICT Presented
\vas the request of ChriS Hardmg, of La\HenCe & Hardmg. to
address Council to diSCUSS the preparatIOn of an amendment to
SectIon 9040820 070(b) relative to the C3-C Zomng DlStnct
"ylembers of the pubhc Craig Jones and Howard Jacobs spoke m
support of the proposed request
"YlotlOn bv Counctlmember Genser. seconded bv CouncIlmember
- -
Greenberg_ to dlIect staff to prepare an mtenm ordmance relatmg
to an amendment to Sechon 9 04.08 20 070(b) relatIve to the C3-
C Zomng Dlstnct. mcludmg reVIew of pOSSible environmental
mltIgations and performance standards The motion was
unanimously approved by vOice vote. Councllmember Ebner
absent
14-A: CO;XSIDERATIO~ OF REQUEST TO STAFF TO
PREPARE A RESOLLTIO;X TO A.\'IEND THE ZO~IXG
ORDIl'IANCE TO 11\CREASE THE MINI~n;),1 LOT
WIDTH FOR THE AREA BOUNDED BY OCEAN
AVENUE TO 7TH STREET, AND MONTANA A VE~TE
TO THE NORTH CITY LIMITS
Councllmember Greenberg was excused at 12 20 a m
CouncIlmember Genser declared a potentlal conflict of mterest
and recused himself from deliberatIOns on thiS matter
Mohon by Nlayor Holbrook. du1v seconded. to contmue thiS ltem
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February 17. 1998
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to the meetmg of February 24, 1998 The motion was I
unammously approved. Councllmembers Ebner and Greenberg
absent, Councllmember Genser abstammg
HOUSING COMMISSION 14-B: HOUSING COMMISSIO~ APPOIl\T\'lENT ~1ayor
APPOINTME::'i"T Holbrook opened the floor to nommatlOns to the HOUSIng
CommiSSIOn
Councllmember Rosenstem nommated Jason Perry
There bemg no other nommatlons. nommatlOns were closed On
a call for the vote. Jason Perry v.;as appomted to the HOllsmg
CommiSSIon for a term endmg June 30.1998, by a unanImous
VOlce vote. Councilmembers Ebner and Greenberg absent
AGREEMEl\"T WITH
CAL TR4..~S - INSTALL..\.-
nON OF TRAFFIC
CONTROL SIGNAL
14-C: REIMBURSEMENT AGREEMEl\"T WITH
CALTR<\NS FOR THE INSTALLATION OF TRAFFIC
CONTROL SIGNAL AT U:SCOL1'\ BOULEVARD AND
l\nCHIGAN AVENUE Presented was the request of
Councllmember Femstem to discuss requestmg staff to prepare
an appropnate reImbursement agreement Vilth Caltrans for the
mstallatlOn of a traffic control SIgnal at Lwcoln Boulevard and
Mlclugan Avenue
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MotIon by CouncIlmember F emstem. seconded bv Mavor Pro
Tern O'Connor, to request staff to prepare an appropnate
reimbursement agreement with Caltrans for the lllstallatlOn of a
traffic control SIgnal at Lmcoln Boulevard and 1vhciugan Avenue
The motIOn was unanImously approved by VOIce vote,
Councllmembers Ebner and Greenberg absent
PUBLIC INPUT
PUBLIC INPUT Member of the pubhc Bnan Hutchmgs
expressed hiS concerns on vanous Issues
ADJOURN:\1ENT
On order of the Mayor, the Clty CounCil meetmg was adjourned
at 12 26 a ill, to Tuesday_ February 24, 1998, at 6 15 pm
ATTEST-
APPROVED
~
, ~ ~ ~<bt- /- ;:.I-/~7:~
Marla;vI Stewart
CIty Clerk
Robert T Holbrook
Mayor
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February 17, 1998
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