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M-12/16/1997 348 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 16, 1997 A regular adjourned meetmg of the Santa MOnica CIty CouncIl was called to order by Mayor Holbrook at 640 p rn, on Tuesday, December 16, ] 997, In the Council Chambers Roll Call Present Absent Also Present PLEDGE COMMENDATIONS Mayor Robert T. Holbrook Mayor Pro Tern Pam O'Connor Councllmember Michael FeInstem Councllmember Ken Genser Councllrnember Asha Greenberg Councllmember Paul Rosenstem Councllmember Ruth Ebner City Manager John Jahh City Attorney Marsha Jones Moutne City Clerk Marla M Stewart Councllrnember FeInsteIn led the assemblage In the Pledge of Allegiance to the Flag of the Umted States of Amenca Mayor Holbrook presented commendatIOns to DaVid Costello and Christopher Daugherty_ Drum Majors of the Santa Momca Vlkmg MarchIng Band At 6 45 pill, a SpeCial Redevelopment Agency :v1eetmg was convened Redevelopment Agency Roll Call Present Absent Chalf Robert T Holbrook Chalf Pro Tern Pam O'Connor Agency Member Michael Femstem Agency Member Ken Genser Agency Member Asha Greenberg Agency Member Paul Rosenstem Agency Member Ruth Ebner December 16, 1997 I I I I I I ANNUAL REPORT 349 Also Present ExecutIve DIrector John Jahh Agency Attorney Marsha Jones Moutne Agency Secretary Mana M Stewart REDEVELOP:MENT AGENCY ANNUAL REPORT Presented was the staff report recommendmg approval of the Annual Report for FISCal Year 1996-1997 for the Redevelopment Agency of the City of Santa Momca. and duecuon to the ExecutIve Duector to transmIt the report to the Controller of the State of Cahfornla Member of the pubhc Joey Fullmer expressed her concerns MotIOn bv Councllmember Rosenstem, seconded bv CouncIlmember Greenberg. to approve the Annual Report and direct the Executive DIrector to transmIt the report to the Controller of the State of CalIfornia The motIOn was approved by the follO\vmg vote Ayes Agency Members Rosenstem, Greenberg, Genser, Femstem, Chair Pro Tern O'Connor. Chau Holbrook None Agency Member Ebner Noes Absent At 6 52 pm, the SpeCial Redevelopment Agency Meetmg was adjourned and the CIty Councll Meetmg was reconvened APPOINTMENTS TO BOARDS & COMMISSIONS APPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS AIrport CommISSIOn (1), CommissIon on the Status of Women (1), Housmg ComnnsslOn (1). Los Angeles County West Vector Control (1) Member of the pubhc Bnan Hutchmgs discussed the Los Angeles County West Vector Control The appomtment to the Airport CommissIOn was contmued to the meetmg of January 13. 1998, as a 5-Item Mayor Holbrook announced that the floor would consIder nommatIons to the CommISSIOn on the Status of Women Mayor Pro Tern O'Connor nom mated Darlene Evans There bemg no other nommatlOns. nommatlOlls were closed and Darlene Evans was unanImously appomted, Counctlmember Ebner absent, to the CommissIOn on the Status of Women for a term expmng June 30. 2001 2 December 16. 1997 APPOINTMENT TO SOCIAL SERVICES COMMISSION APPOINTMENTS TO PIER RESTORATION CORPORATION APPOINTMENT TO LANDMARKS COMMISSION CONSENT CALENDAR 350 Mayor Holbrook announced that the floor would consIder nommatIons to I the Housmg CommISSIOn CouncIlmember . There bemg no other norrnnatlOns, nommatIOns ,,,ere closed On a call for the vote no one nommee received the reqUisite maJonty and the appomtment was contInued to the meetmg of January 13, 1998, as a 5-Item Mayor Holbrook announced that the floor would consIder nommatlOns to the Los Angeles County West Vector Control Motton bv Councllmember Genser. seconded bv Councllmember - - Rosenstem, to request staff to readvertIse tills vacancy and reagendize the appomtment after an appropnate time The motIOn was unarumous1y approved by VOlce vote. CouncIlmember Ebner absent SOCIAL SERVICES COM.~ISSION APPOINTMENT The appomtment to the SOCial Services CommiSSIOn was contmued to the meetmg of January 13, 1998, as a 5-ltem PIER RESTORATION CORPORATION APPOINTMENTS I Motion bv Council member Genser. seconded bv Mavor Pro Tern - - - O'Connor. to contmue the five appomtments to the Pier RestoratIOn CorporatIOn for two terms explrmg November 8. 1999. and for three terms expmng November 6, 2000, to the meetmg of January 13, 1998, as a 5- Item The motIon \vas approved by vOice vote, Councllmember Greenberg opposed, Councl1member Ebner absent LANDMARKS COMMISSION APPOINTMENT: The appomtment to the Landmarks CommiSSIOn was contmued to the meetmg of January B. 1998 The Consent Calendar was presented, whereby allltems are conSidered and approved m one motIOn unless removed from the calendar for diSCUSSIOn Members of the pubhc Joey Fullmer and Bnan Hutchmgs addressed Items on the Consent Calendar At the request of CounCil member Genser Item No 6-A, the mmutes to be approved. was removed from the Consent Calendar .. -' December 16. 1997 I I I I LOCAL EMERGE~CY COMPREHENSIVE A]\;~TUAL FINANCIAL REPORT STA TE~IENT OF OFFICIAL ACTlO~ 502 GEORGINA MINUTES ORDlNA:"lCES: 351 MotIOn by Councllmember Greenberg. seconded bv Councllmember Femstem. to approve the Consent Calendar, with the exceptIOn ofItem No 6-A. readmg resolutIOns and ordmances by title only and walvmg further readmg thereof The motion was approved by the followmg vote Ayes Councllmembers Femstem. Genser, Greenberg, Rosenstem. Mayor Pro Tem OTonnor. Mayor Holbrook ~one CouncIlmember Ebner Koes Absent CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994 EARTHQUAKE DAMAGE): ResolutIOn No 9228(CCS) entitled '"A RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CO-'\TINUlNG LOCAL EMERGE),lCY," was approved TRANS~IITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT The ComprehenSive Aunual FmancIal Report for fiscal year ended June 30, 1997. was receIved and filed STA TEMEl'IT OF OFFICIAL ACTION FOR 502 GEORGINA AVENUE The Statement of OffiCial ActIOn for 502 Georgma Avenue was approved for the appeal of Planmng CommiSSIOn approval of Vestmg Tentati\'e Parcel Map 24847 END OF CONSENT CALENDAR APPROVAL OF .MINUTES MotIOn by Councllmember Genser. seconded by CounCllmember Femstem. to approve the llllllutes ofthe speCIal City CounCil meetmg of November II, 1997. and contmue the mmutes of the regular City COUllCl1 meetmg of November 11. 1997. to the meetmg of January 13, 1998 The motIOn was unanimously approved by vOice vote. CouncIlmember Ebner absent INCLUSIONARY INCLL"SIONARY HOUSING PROGRAM IN-LIEU FEES HOL"SING PROGRAM IN- ORDINANCE AND RESOLUTION: Presented for first readmg and LIEU FEES mtroductIOn was an ordmance amendmg code sectIOns 9 28.030. 928.050. 928060. and 9 28 070 relatmg to the m-heu fee reqUIrements of the IncluslOnary Housmg Program. and adoptIOn of a resolution estabhshmg the mcluslOnary unit base pnce for a moderate mclusIOnary umt 4 December 16, 1997 352 On order of the Mayor, the publIc hearmg was opened Member of the publIc Joey Fullmer expressed her concerns Member of the public Ken Kutcher expressed concern 1i'l1th the amount of the fee and the tImmg language contamed m the draft mtenm ordmance Member of the public Robert Wright spoke m OppOSItIon to the proposed ordmance There bemg no other public speakers, on order of the Mayor. the publIc hearmg was closed Motton bv Councl1member Rosenstem, seconded by Councllmember Greenberg, to mtroduce the proposed ordinance and to adopt the resolutIon establlshmg the mcluslOnary base pnce for purposes of calculating the In lieu fee option for moderate-income umts The motIon faIled by the followmg vote Ayes. Noes Absent Councllmembers Greenberg, Rosenstem. Mayor Holbrook CouncIlmembers Feinstein. Genser. Mayor Pro Tern O'Connor CouncIlmember Ebner MotIon bv Councilmember Genser. seconded bv Mavor Pro Tern O'Connor. to request staff to return to CouncIl at Its earliest convemence \\'Ith varIOus optlOns related to thIS Issue whIch rmght be useful m addressmg the problems related to the current law that may more broadly take mto effect havmg an mtenm ordmance that best furthers the goals of mamtammg and provldmg affordable housmg m the commumty It was the consensus ofCouncll to contmue thIS Item to later m the meeting PEDESTRIAN-ORIENTEDPEDESTRIAN-ORIENTED DESIGN STANDARDS ORDINANCE: DESIGN'STANDARDS Presented for first readmg and mtroductlOn was an ordmance of the CIty ORDINANCE CounCIl amendmg Section 9 04 02 030 645 and addmg SectIon 9 04 10 02 440 relatmg to pedestnan- onented deSIgn standards and applymg those deSIgn standards to property developed m the follo\\lng dlstncts' RVC ReSIdentIal VISItor CommercIal DIStrICt, BCD Broadway CommercIal Dlstnct, BASCD Bayslde CommercIal DIstrICt, C2 NeIghbor- hood CommercIal Dlstnct, C3 Downto\\TI CommercIal Dlstnct. C3-C Do\'mtown Overlay Dlstnct. C4 HIghway Commerclal Dlstnct. C6 CommercIal DIstrict. and the CM Mam Street CommercIal Dlstnct. 5 December 16. 1997 I I I 353 I On order of the Ivlayor, the public heanng was opened Member of the public Joey Fullmer expressed her concerns Member of the publIc Robert Wnght urged Council to consider traffic when consldenng pedestnan fnendlmess There bemg no other speakers, on order of the Mayor. the publIc heanng was closed I MotlOn by Counc.llmember Rosenstem. seconded by Mayor Pro Tern O'Connor, to mtroduce for first readmg an ordmance entitled "AN ORDINAJ\'CE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AME~TIING SECTION 9 04 02 030 645 (DEFINITION OF PEDESTRIAN ORIENTATION) AND ADDING SECTION 9041002440 OF ARTICLE IX OF THE SANTA MOKICA MUNICIPAL CODE RELATING TO PEDESTRIAN-ORIENTED DESIG~ STANDARDS AND APPLYING THOSE DESIGN STANDARDS TO PROPERTY DEVELOPED ~ THE FOLLOWING DISTRICTS RVC RESIDENTIAL VISITOR COMMERCIAL DISTRICT, BCD BROADWAY COMMERCIAL DISTRICT. BASCD BA YSIDE COMMERCIAL DISTRICT. C2 NEIGHBORHOOD COMMERCIAL DISTRICT. C3 DO\VNTO\VN COMMERCIAL DISTRICT, C3-C Do\VNTOWN OVERLAY DISTRICT. C4 HIGHWAY COMMERCIAL DISTRICT. C6 BDl.-LEV ARD COMMERCIAL DISTRICT AND THE CM MAIN STREET COMMERCIAL DISTRICT," readmg by title only and \Valvmg further readmg thereof MotIon bv Councllmember Genser, accepted as fnendly, to add a sentence to SectIon 9 04 10 02 440(2) as follows "No more than twenty conunuous linear feet of any bmldmg frontage shall be opaque .- I'vlotIOn by Councllmember Genser, accepted as fnendlv, to amend the motIon that SectIOn 9 04 10 02 440(7)( c) read as follows 'In order to encourage quality. creatiVIty and compatibilIty. the ArchItectural Review Board may approve exceptIOns from the reqUIrements of SubsectIOn (a) of thIS SectIon. accordmg to the procedure for SIgn permIt apphcatIOllS. If all of the followmg fmdmgs of fact can be made m the affirmatIVe manner ,. MotIon bv CouncIlmember Femstem, accepted as fnendlv, to amend the motion to add "communIty, non-commercial bulletm boards" to the hst mcluded m SectIOn 9041002440(1) I 6 December 16. 1997 MORA TORIUM ON SUBDIVISIONS 354 MotIOn bv Councilmember Greenberg. accepted as fnendlv, to amend the motion that the last sentence of SectIOn 9 04 10 02 440(2) be amended to I read "~o merchandIse storage shall be allowed m the storefront wmdows which blocks the View of the mtenor of the bmidmll " The motIOn. as amended, was approved by the follm.vmg vote. Ayes Council members Rosenstem, Greenberg, Genser. Femstem, Mayor Pro Tern O'Connor. Mayor Holbrook None CouncIimember Ebner Noes Absent MORATORIUM ON SUBDIVISIONS Presented for adoptIOn was an emergency ordmance enactmg a moratonum on subdivisions in the area bounded by Ocean Avenue. Seventh Street, AdelaIde Dnve. and Montana Avenue pendmg reVISIOns to the Zorung Ordmance changing the mirumum lot \vIdth from fifty feet to one hundred feet for a lot wIthm the above- descnbed area. and declanng the presence of an emergency Councilmember Genser declared a potential conflict of mterest and recused himself from deliberations on tills item Mayor Holbrook declared a potential conflict of mterest and recused I himself from deliberatIOns on thiS Item Due to an emergency ordinance requmng five affirmative votes. the Rule of Necessity was illvoked and as the result of a com toss Councilmember Genser was deSignated to partiCipate ill thiS matter On order of the Mayor Pro Tern, the pubhc heanng was opened :Members of the pubhc Joey Fullmer and Bnan Hutchmgs expressed their concerns Members of the public Jerome Prewozmk and Andy Mmtzer spoke m support of the proposed moratonum Motion bv Councilmember Rosenstem. seconded by Councilmember Femstem. to adopt Ordmance No 1892(CCS) entitled "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA E~ACTING A MORATORIUM ON SUBDIVISIONS IN THE AREA BOlliDED BY OCEAN A VE1\flTE, SEVENTH STREET. ADELAIDE DRIVE, AND MONT ANA AVENUE PEl'.'DING I 7 December 16. 1997 I I I 355 REVISIONS TO THE ZONING ORDINA?\CE CHANGING THE .tvITNIwfL'M LOT Vv'IDTH FROM FIFTY FEET TO ONE HUNDRED FEET FOR A.J'f R-I LOT '''lTHIN THE ABOVE-DESCRIBED AREA, DECLARING THE PRESENCE OF AN EMERGE!\CY," readmg by tItle only and waIvmg further readmg thereof The motion was approved by the followmg vote Ayes Counctlmembers Femstem, Genser. Greenberg. Rosenstem, Mayor Pro Tern O'Connor None CounCllmember Ebner. Mayor Holbrook Noes Absent On order of the Mayor. the CIty CouncIl recessed at 9 10 p.m, and reconvened at 9 44 pm. \vlth Councllmember Ebner absent OFF-LEASH DOG AREAS OFF-LEASH DOG AREAS REPORT Presented was the staff report REPORT relatmg to off-leash dog areas and additIOnal enforcement needs cItywide. and recommendmg dlIectlOn to staff to construct recommended deSign features at Joslyn and Pacific Street Parks and InitIate changes to off-leash area operatIOns. enforcement and maIntenance, mcludmg an appropnatlOn of$13.934 for the pilot ofT-leash momtonng program at Joslyn Park On order of the Mayor. the public heanng was opened Members of the public Perry Bullmgton. James Kelley, Randy MartIn. QUinn Kelley, Mark Miller. Lmda Wilson. and Susan 'Nl1Ite spoke m oppOSItion to Joslyn Park beIng utilIzed as a dog park ~Iembers of the public Andrea VonBargen. Sean Butler. Rockl Pedersen, Richard Valez. lvhamon Miller. jennifer Uematsu. NICOle MarOIS, and Charles Janosik discussed the pOSItive aspects of dog parks Members ofthe public ChriS Pelham. Martha Adams, Peter TIgler. and John Krueger spoke m support of the staffrecommendatlOn Members of the public Jessica Lundy. DanIelle Gershberg. Ann ShameL Chns Cuddehy, Lisa Udelson, Beth Locker. Bob Locker, Mel Donaldson. and Stuart T empkm spoke m support of Joslyn Park bemg used as a dog park Member of the public Jenmfer Walsh spoke In support of the staff recommendatIOn and urged CounCIl to seek other appropnate SItes for dog parks 8 December 16, 1997 356 MotIOn bv Councllmember Greenberg. seconded by Mayor Pro Tem O'Connor, to contmue the meetIng past 11 00 p m The motion was I unammously approved by VOIce vote, CouncIimember Ebner absent. Member of the public Tara Day discussed the posItIve aspects of dog parks Member of the public StephanIe Speliopoulos spoke III support of the staff recommendation Member ofthe public James Marcotte spoke m support of Joslyn Park bemg used as a dog park. Member of the public Robert Wright spoke m OpposItIOn to Joslyn Park bemg used as a dog park There bemg no other speakers. on order of the Mayor. the public heanng was closed Motion by CouncIlmember Greenberg. seconded by CouncIimember Rosemtem. to contmue the remaInder oftlus Item to the meetmg of January 13, 1998. as a 5-Item The motIon was approved by VOIce vote. CouncIimember Genser opposed, CouncIlmember Ebner absent I INCLUSIONARY INCLlJSIONARY HOUSING PROGRAM IN-LIEU FEES HOUSING PROGRAM IN- ORDINANCE AND RESOLUTION (Resumed): LIEU FEES (RESUMED) CIty Clerk Stev,,-art revIewed the motion as follows to request staffto return to CounCIl at Its earlIest convemence WIth varIOus optIOns related to tills Issue WhIch rmght be useful m addressmg the problems related to the current law that may more broadly take mto effect havmg an lIltenm ordmance that best furthers the goals of mamtammg and provldmg affordable housmg m the communIty The motIOn was unanImously approved by VOlce vote. CouncIlmember Ebner absent HOMELESS SERVICES HOMELESS SERVICES The request of Jennafer Waggoner and DavId Bush to address the CIty Council regardmg homelessness III Santa MOllIca was contmued to the meetmg of January 13, 1998. AMNESTY FOR PARKING METER VIOLATIONS DURING HOLInA Y SEASON CONSIDERATION OF AMNESTY FOR PARKING METER VIOLATIONS DURING THE HOLIDAY SEASON. Presented was the request of Mayor Holbrook to conSIder amnesty for parking meter VIOlatIOns dunng the holIday season, from December 19-26, 1997. mc1uding the three-hour parkmg 111mt at Santa MOnIca Place. 9 December 16. 1997 I I I I Counctlmember Rosenstem was excused at 11 16 pm Counctlmember Greenberg was excused at 11 20 P m ISDN PHONE LINES 357 Member of the public Darnel Ehrler spoke m support of the proposed amnesty 1kmbers of the publIc Ryan Flegal, Jennafer Waggoner. Shawn McDougaL Apnl Cox. and Jenrnfer Casey urged Council to extend the amnesty to homeless mdlVlduals DISCUSSIOn ensued among CIty Councllmembers regardmg the process, effects and tImeliness There was no fornml actIOn taken INSTALLATION A:'olD OPERATION OF ISDN PHONE LINES IN COUNCIL CHAMBERS AND AT THE KEN EDWARDS CENTER MotIon bv CouncIlmember Femstem. seconded bv Councllmember Genser. - - to duect the questlons of how the vanous technologies can be used to make the publIc meetmgs more accessIble to the TelecommunIcatIOns Workmg Group. "vhich "viII return WIth this informatlon as part of its expected report m February relatmg to the TelecommunIcatIOns Plan The Mayor adVised that the speakers requestmg to speak on thiS Item were the same speakers that spoke regardmg homeless serVIces earlIer and that homeless servICes was not the matter at hand He further adVIsed that speakers mSlstmg on speaklllg regardmg homeless servIces would be mterrupted Member of the public Jennafer Waggoner expressed her concerns regardmg homelessness and homeless serVIces Counctlmember Genser was The City Clerk noted that upon the absence of CouncIl member Genser and excused at 11 50 pm Mayor Pro Tern O'Connor. there \vas no longer a quorum present Mayor Pro Tem 0 'Connor The Cny Clerk further adVised that due to the lack of quorum, the followmg )\'Os excused at 11 50 p m Items were contlllued to January 13, 1998, and the Council meetmg was hereby adJourned Jfayor Holbrook ll'as excused at 11 51 pm ~lISREPRESENT AnON OF RESIDENCY The request of Councllmember Greenberg to dIrect staff to re\'lew the possibIlity of enactmg an ordmance that would make It unla",ful for any person to WIlfully mIsrepresent theu resldence or clrcumstances regardlllg their reSIdency on any form submnted to the Clty of Santa MOlllca, the Santa MOlllca-Mahbu VllIfied School Dlstnct and the Santa MOllica Community College Dlstnct 10 December 16. 1997 PUBLIC INPUT CLOSED SESSIONS ADJOUR~MENT 358 PUBLIC INPUT Canceled due to a lack of quorum CLOSED SESSIONS Cancelled due to a lack of quorum Conference With Legal Counsel David M Rosman v. Citv of Santa Momca. Case No 5S 007045 Conference With Legal Counsel Jerry M Rubin v City of Santa Moruca. Case No SS CV 97-8786 Conference With Legal Counsel Mobil. Inc. v City of Santa Moruca, Case ;..[0 SC 778141 Due to a lack of quorum, the City Clerk adjourned the meetmg at Il'51pm ATTEST .~~~~ Mana M. Stewart City Clerk APPROVED 4~-F/~~Z-Y-.. Robert T. Holbrook Mayor 11 December 16. 1997 I I I