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M-2/17/1998 I I I 409 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 I 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 2 February 17. 1998 I I I I 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 .. " 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 4 February 17.1998 I I I 413 I 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 I MotIon bv Councllmember Femstem. seconded by Mayor Pro - - - 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 G I :Motlon bv Councllmember Genser. seconded bv Councllmember - - 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 5 February 17.1998 414 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 - - -- 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 6 February 17. 1998 I I I I I I PREFERENTIAL PARKING DISTRICTS AND ENFORCEME~T OF REGt:LATIOXS RECESS CHA~GE ORDER OF AGEl'IlDA WRITTEN 415 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 7 February 17. 1998 COMMUNICA TIONS: USE OF ADJACENT PRIVATE PROPERTY AS PARKI~G SPACE ORDINANCES RESTAURANT SEATING LIMITATION REPEAL OF 1 % LOCAL BIDDIXG PREFERENCE 416 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 I Motion bv Councllmember Rosenstem. seconded bv - - 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 I 8 February 17. 1998 I I I AMENDMEl'H TO STREET VE~DOR ORDINANCE INCLrSIONARY HOUSI~G 417 :-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 - ~ 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 9 February 17. 1998 STAFF ADMIN. ITE:vJ:S LlBRA.RY :\'lASTER PLA.'" WRITTE~ COMMUNICA- TIOl\"'S: 1999 ROSE PARWE 418 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 - - 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 - -- 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 10 February 17. 1998 I I I I I AMENDMENT TO SECTI01\" 9 RELATING TO C3-C ZOMNG DISTRICT COU1\"CILME.\mER DISCUSSION ITEMS ZO:'-!ING ORDINANCE AME1\"DMENT 419 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 II February 17. 1998 420 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 I 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 12 February 17, 1998 I