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M-12/9/1997 336 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 9, 1997 A regular meetmg of the Santa Moruca Clty Council was called to order by Mayor O'Connor at 638 pm. on Tuesday. December 9.1997. m the Councll Chambers Roll Call. Present Also Present PLEDGE I~STALLATlON OF :\fA YOR & MAYOR PRO TEM Mayor Pam O'Connor Mayor Pro Tern Robert T. Holbrook Councllmember Ruth Ebner Councllmernber Mlchael Femstem Councilmember Ken Genser Councilmember Asha Greenberg Councllmember Paul Rosenstem Clty Manager John Jalih Clty Attorney Marsha Jones Moutne Cny Clerk Mana M Stewart Mayor Pro Tern Holbrook led the assemblage III the Pledge of Alleglance to the Flag of the Dmted States of Amenca INSTALLATION OF MAYOR AND MAYOR PRO TEM As voted upon dunng the meetmg of December 10, 1996, wherem Councllmembers O'Connor and Holbrook were elected to serve spht terms as Mayor and Mayor Pro Tern for one year each, and vath Councllmember O'Connor havmg served as Mayor the first year. Mayor O'Connor handed over the gavel to new Mayor Holbrook for the second year and assumed her seat as Mayor Pro Tern Mayor Holbrook read a commendation to former Mayor O'Connor. m recognitlOn and thanks of her dedlcatlon and leadershlP dunng her tenure as Mayor, and presented her vmh a glft Mayor Pro Tern O'Connor made a bnef statement Member of the pubhc Dan Ehrler, representmg the Chamber of December 9.1997 I I I I I I 337 Commerce, conveyed the Chamber"s deep appreciatiOn of Mayor Pro Tern O'Connor dunng her term as Mayor and congratulated Mayor Holbrook on hiS appomtment and wished him a year of success Member of the public RICky Ormonde congratulated Mayor Holbrook CouncIlmembers Femstem. Greenberg. Genser, and Mayor Holbrook thanked Mayor Pro Tern O'Connor and acknowledged her accompllslunents dunng her term RECESS On order of the Mayor. the City CouncIl recessed at 6 50 pm, and reconvened at 7 00 pm. wlth all members present CONSENT CALENDAR The Consent Calendar was presented. whereby all Items are considered and approved m one motion unless removed from the calendar for diSCUSSion CONTINUING LOCAL EMERGENCY STATEMENT OF OFFICIAL ACTION - 1828 OCEAK AVENUE Member of the public Joey Fullmer addressed Items on the Consent Calendar At the request of Mayor Pro Tern O'Connor, the "Hands Across Ihe Parklands" Item was removed from the Consent Calendar MotIOn by Councllmember Femstem. seconded by Mayor Pro Tern - - - O'Connor. to approve the remamder of the Consent Calendar, read10g resolutIOns and ord1Oances by title only and walv10g further read10g thereof The motion was approved by the followmg vote Ayes Councllmembers Ebner, Rosenstem. Greenberg, Genser, Fe1Ostein, Mayor Pro Tern O'Connor. Mayor Holbrook None None Noes Absent CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JA.;.''UARY 1994 EARTHQUAKE DAMAGE) ResolutIOn No 9219(CCS) entnled "A RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," .vas adopted STATEMENT OF OFFICIAL ACTION FOR 1828 OCEAN AVENUE for appeal 97-013 of Planmng ComnllSslOn approval to extend for 18 months the nghts granted by CUP 94-012 to allow the development of a 127-car parking lot 10 the reSidential vIsitor commercial zonmg distrIct at 1828 Ocean Avenue was approved L December 9. 1997 STATEMENT OF OFFICIAL ACTIOI'< - 1910 OCEAN AVENUE 338 STATEMENT OF OFFICIAL ACTION/APPEALS 97-012 AND 97-015/ALCOHOL LlCENSES/1910 OCEAN AVENUE The Statement ofOfficml Action for appeals 97-012 and 97-015 of Plannmg CommissIOn approval to allow the Issuance of Type-47, Type 66. and Type 68 alcohol hcenses to be used III conJunctlon Wlth the operatIOn of an eXlstmg hotel. located at 1910 Ocean A venue, and the annual contnbution of$50.000 to the City of Santa Momca's transit shuttle service program was approved LIFEGUARD SERVICES AGREEMENT FOR LIFEGUARD SERVICES' Contract No 6869(CCS) was approved with Los Angeles County to proVIde hfeguard services at Santa MOllica State Beach for a term of five years EMPLOYEE '-VELLNESS FITNESS EVALUATIONS - EMPLOYEE WELLNESS BENEFIT PROGRAM Contract No 6870(CCS) was approved vvlth Fitness Appnllsal, Inc , m an amount not to exceed $35,000. to proVIde for the Employee Wellness Benefit Program. PUBLIC SAFETY DISPATCHERS - \v1THDRA WN MOTORCYCLE PURCHASE PUBLIC SAFETY FACILITY HANDS ACROSS THE PARKLANDS PUBLIC SAFETY DISPATCHERS The recommendatIOn to direct the City Attorney to prepare an ordmance to allow Pubhc CommunicatIOn Operators II to participate m Peace Officer Standards and T rammg was v"lthdrawn at the request of staff PURCHASE OF MOTORCYCLES Bid No 2666 was awarded to Bartel's Harley DaVidson to funllsh and deliver eight motorcycles for the Police Department. m an amount not to exceed $112,544 CONTRACT RE SUSTAINABLE DESIGN AND PERFOR.~ANCE REVIEWIPUBLIC SAFETY FACILITY Contract No 6871(CCS) was approved "'lIth Gottfned Technology, Inc , m an amount not to exceed $150.000, to nnplement a sustamable bUlldmg practlces deSign and performance review of the Pubhc Safety F aClhty END OF CONSE~T CALENDAR HANDS ACROSS THE PARKLA:"JDS Mayor Pro Tern O'Connor explamed that she removed thiS Item from the Consent Calendar to draw attentIOn to Its Importance ~10t1on bv Mayor Pro Tern O'Connor. seconded by COUllCllmember Femstein. to adopt ResolutIOn No 9220(CCS) entltled "A 3 December 9, 1997 I I I I I I ADMI~. PROCEEDINGS: CHILLERS APPEAL 339 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF 'HANDS ACROSS THE PARKLANDS' C\ RECOG:\'ITION OF THE 20TH ANNIVERSARY OF THE SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA:' readmg by tItle only and ,"vatvmg further readmg thereof The motlOn was approved by the follm:V1ng vote Ayes Councrlmembers Ebner, Rosenstem, Greenberg, Genser. Femstem. Mayor Pro Tem O'Connor. Mayor Holbrook None None Noes Absent 7-A: APPEAL 97-019/CUPIDANCING/CHILLERS RESTAURANT Presented was Appeal 97-019 ofPlanmng CommIssIon Condmons of Approval Use Permlt 97-012 to allow a modificatIon to an eXlstmg restaurant/bar with an approved Type-47 (On-Sale General for Pubhc Eatmg Place) alcohol hcense at 1446 Third Street Promenade Apphcant! Appellant L Ehzabeth Strahlstrom, Esq IChlllers Restaurant On order ofthe Mayor. the pubhc heanng was opened Sherman Stacey. representmg the apphcant/appellant. spoke m support ofthe appeal Member of the pubhc Joey Fullmer expressed her concerns There bemg no other speakers, the Mayor closed the pubhc heanng Motion bv Councllmember Greenberg. seconded bv Councllmember - -- Genser. to deny the appeal and uphold the Plannmg CommlsSlOn actlOn on CondltlOnal Use Permit 97-012 with findmgs and conditIons Substttute motIon bv Mayor Pro Tern O'Connor. seconded by Councilmember Greenberg. to conslder Clnllers a rughtclub. lssue a CondltlOnal Use Permit for a term of one year allO\\lng the estabhshment to functIon as a rughtclub twelve times durmg the year, allOv,lng a cover charge for the twelve events, requmng that the sound lmprovements be made m order to conduct the events, and to notIfy the elty pnor to holdmg the events for momtonng purposes DISCUSSIOn ensued on the ments of the motIon Councllmember 4 December 9, 1997 PEDESTRIAN ORIENTED DESIGN STANDARDS VETERAN'S MEMORIAL & P ALISADES PARK BIKEP A TH 340 Greenberg wIthdrew her second to the substItute motlOn, which I subsequently dIed for lack of a second The mam motion was approved by the folloWIng vote Ayes Councllmembers Ebner, Rosenstem. Greenberg, Genser, Femstem. Mayor Pro Tern O'Connor. Mayor Holbrook None None Noes Absent ORDINANCE FOR PEDESTRIAN-ORIENTED DESIGN STANDARDS At the request of staff. the ordmance for first readmg and mtroductlOn amendmg ArtIcle IX of the municIpal code to proVide for pedestnan-onented deSIgn standards Will be conSIdered on December 16. 1997. VETERAN'S MEMORIALIPALISADES PARK EXTENDED BEACH BIKEP A TH Presented was the staff report recommendmg approval of the deSIgn ofaddItlonal components of the Beach Improvement Group Project the Veteran's Memonal In Pahsades Park and the beach tr311 (blkepath) expanSlOn from the Santa MOlllca PIer to Bay Street, and Improved pedestnan lmkages from the Santa MOlllca I PIer to Bay Street. and appropnatlOn of funds as recommended On order of the Mayor, the pubhc heanng was opened. Member of the pubhc Thomas Scully spoke m OppOSItIOn to the veterans' memonal deSIgn Member of the pubhc Jerry Rubm spoke III support ofthe proposed veterans' memOrIal and the extended beach bIkepath Member of the pubhc Mark Scully spoke m support of the proposed veterans' memonal Member of the pubhc Frank Schwangel reported on the role of the Parks & RecreatIOn CommISSIOn III relatIon to the veterans' memonal and spoke m support of same Member of the pubhc Robert Sulhvan spoke m support of the proposed veterans' memonal WIth the InCorporatIOn of the logos of each of the sernces on the monument, development of appropnate text, and a flag pole. 5 December 9, 1997 I I I I RECORDS MANAGEMENT PROGRAM 341 Member of the publIc Bnan Hutchmgs expressed his concerns There bemg no other speakers, the Mayor closed the publIc heanng MotIOn bv Councilmember Ebner. seconded bv Councllmember - - Genser. to approve the Veteran's Memonal design OptIOn Cat Anzona Street. as outlined m the staff report. modified to mcorporate the ability to raise a flag MotIOn bv CounCllmember Femstem, accepted as fnendlv. to amend the motIOn to mclude the logos of each of the branches ofthe armed services m the deSign The motion was approved by the follo\\lng vote Ayes COlU1cllmembers Femstem. Genser. Greenberg, Rosenstem, Ebner, :-"1ayor Pro Tern O'Connor, Mayor Holbrook None None Noes Absent MotIon bv COlU1cllmember Greenbem. seconded bv Councllmember - -- Femstem. to approve the concept deSIgn for the expanded beach (blkepath) trail and Improved pedestnan linkages from the Santa MOllIca Pier to Bay Street, as proposed m the staff report, and, appropnate $130.000 from the Beach Fund to Account 11-740-511- 20098-8900-99667 The motIOn was approved by the followmg vote Ayes Councllmembers Femstem. Genser, Greenberg. Ebner, Mayor Pro Tern O'Connor. Mayor Holbrook Councllmember Rosenstem Kone ~one Abstam Noes Absent On order of the Mayor. the CIty CounCil recessed at 9 42 pm. and reconvened at 10 10 pm, wlIh all members present RECORDS MANAGEMENT PROGIL.\M Presented was the staff report recommendmg approval of the Records Management Program. of the Records Management Program Manual. and the resolutIOn adoptmg retentIon schedules for the CIty Attorney' s Office, the Personnel Department, the FIre Department, and the TransportatIOn 6 December 9. 1997 CLOVERFIELD WIDENING PROJECT 342 Department On order of the Mayor, the publIc hearIng was opened Member of the publIc Robert Wnght dIscussed record retentIOn There beIng no other speakers, the Mayor closed the public hearmg Motion bv CouncIlmember Greenberl!. seconded bv CouncIlmember - -- Femstem, to approve. In concept, a CIty-wIde Records Management Program, approve the Records Management Program Manual, and adopt ResolutIOn No 9221 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING RECORDS RETENTION SCHEDULES FOR THE CITY ATTORNEY'S OFFICE. THE PERSONNEL DEPARTMENT. THE FIRE DEPARTMENT, AND THE TRANSPORTATION DEPARTMENT," readIng by tItle only and walVlng further readmg thereof The motion ,vas approved by the followmg vote Ayes Counctlmembers Ebner. Rosenstem. Greenberg, Genser. Femstem, Mayor Pro Tern O'Connor, Mayor Holbrook None None Noes Absent ACQUISITION OF PROPERTY BY EMINENT DOMAIN RE CLOVER-FIELD BOULEVARD WIDENING PROJECT Presented was the publIc heanng recommendmg adoptIOn of ResolutIons ofNecesslty to acquire property interests by emment domam, If necessary, for Phase II ofthe Cloverfield Boulevard Widemng ProJecl On order of the Mayor, the publIc hearmg was opened Members of the publIc LoUIS Savett. Charles Gumbmer, DaVid Rose, and Jill Rosenberg, busmess property ov,'TIers wlthm Ihe project area, expressed concern 'Vllh the configuratIOn and Impacts of the proposed '''ldenmg on eXIstmg parkmg spaces for employees and customers The )'1ayor closed the publIc heanng Motien by Councllmember Genser. seconded bv Mayor Pro Tern O' Connor, to contmue the meetmg past 11 00 p m. The motIon was 7 December 9. 1997 I I I 343 I approved by vOice vote. CouncIlmember Rosenstem opposed Councilmember Ebner excused herself at 11 00 p m I MotIon bv CouncIlmember Greenben!:. seconded bv Mayor Pro T em - - O'Connor, to adopt Resolution No 9222(CC8) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING AND DETEMIINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATIO:-.r OF CERTAIN REAL PROPERTY" (1752 Cloverfield Boulevard), ResolutIon No 9223(CCS) entItled 'A RESOLUTIO::-.l OF THE CITY COU1\CIL OF THE CITY OF SANTA MO::-.lICA FINDING AND DETEMHNING THE PL13LIC INTEREST A);1) NECESSITY FOR ACQLIRING AND AL"THORIZING THE CONDEt'vINATION OF CERTAI:.! REAL PROPERTY' (1707 Cloverfield Boulevard). ResolutIOn No 9224(CCS) entItled "A RESOLUTION OF THE CITY COL"NCIL OF THE CITY OF SANTA MONICA FINDING AND DETERMIKING THE PUBLIC INTEREST AND NECESSITY FOR ACQUlRIJ\G AKD AUTHORIZING THE CONDEylNATION OF CERTAIN REAL PROPERTY" (1751-1753 Cloverfield Boulevard). ResolutIon No 9225(CCS) entitled "A RESOLUTION OF THE CITY COUKCIL OF THE CITY OF SANTA MONICA FINDING AND DETE~1INI:\G THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AKD AUTHORIZIKG THE CONDH1NATION OF CERTAIN REAL PROPERTY" (1723-1725 Cloverfield Boulevard). readmg by tItle only and waIVIng further reading thereof, ,"vlth the understandIng that thIS IS dlfectlOn to staffto move forward wIth the property acqulSlhon. and traffic and CIrculatIon issues Will return to CounCil at a later time. and "'nth a fnendly amendment by Mayor Holbrook to direct staff to explore the pOSSibility of a land- swap of the City-owned (concrete) land on 26th Street and the frontage on Cloverfield for the purpose of attemptmg to resolve the parkmg Issues raised dunng Ihe meetmg The motIon ,"vas approved by the following vote Ayes Councllmembers Rosenstem. Greenberg, Genser, Femstem. Mayor Pro Tern O'Connor, Mayor Holbrook None CouncIlmember Ebner Noes Absent I 8 December 9, 1997 MUL TIF AMIL Y RENTAL HOUSING SUPERVISORY TEAi'\1 ASSOCIATES - MOU VIDEOTAPING OF SCHOOL BOARD MEETINGS 344 MULTIFAMILY RENTAL HOUSING DEVELOPMENT Presented was the public heanng to receIve publIc mput and to adopt a I resolutIOn approvmg the Issuance of tax-exempt bonds by the CalifornIa StateWIde CommunIties Development Authority to asSIst m the financmg of a 17 -umt affordable famIly project m the CIty of Santa Moruca to be O'.vned by CommunIty CorporatIOn of Santa Monica CouncIlmember Greenberg excused herself at 11.17 p.m On order of the Mayor, the publIc hearmg was opened and closed there bemg no one present to speak Motton bv CouncIlmember Rosenstem. seconded bv CouncIlmember - - Femstem. to adopt ResolutIOn No 9226(CCS) entItled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ISSUANCE OF BONDS BY THE CALIFORNIA STATEVvlDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PURPOSE OF PROVIDING A LOAN TO FINANCE A MUL TIF AMIL Y RENTAL HOUSING DEVELOP~ENT TO BE OWNED BY COMMUNITY CORPORATION OF SANTA MONICA:' readmg by tItle only and walvmg further readmg thereof The motIon was approved by the I follO'."lng vote Ayes CouncIlmembers Femstem. Genser. Rosenstem. :v1ayor Pro Tern O'Connor, Mayor Holbrook None CouncIlmembers Greenberg, Ebner Noes Absent MEMORANDUM OF UNDERSTANDING/SUPERVISORY TEAM ASSOCIATES ResolutIOn No 9227(CCS), authorIZmg the CIty Manager to execute a Memorandum ofUnderstandmg \"lth SupervISOry Team ASSOCIates (STA), was adopted ASSISTk'iCE IN TAPING SANTA MONICA-MALIBU UNIFIED SCHOOL BOARD MEETINGS JulIa Brownley. PreSIdent of Santa ~omca-Mahbu Umfied School DIStrIct. presented the request of the DIStrIct for aSSIstance m tapmg school board meetmgs and descnbed some of the schedulmg problems encountered by the DIStriCt m trymg to hold meetmgs 10 the City CouncIl's Chamber 9 I December 9, 1997 I I I APPTS. TO BOARDS AND COMMISSIO~S SOCIAL SERVICES COMMISSION - APPOI]\TMENT PIER RESTORATION CORPOR<\TION LANDMARKS COMMISSION HOUSING COMMISSION SEASON OF NOX- VIOLENCE 345 Motion bv Councllmember Felllstem. seconded bv Councllmember Genser. to dIrect CnyTV 10 teleVIse the Sallla Momca-Mailbu Umfied School Dlstnct board meetlllgs held III the School Board's chambers on a delayed basiS through June 1998 Motion to amend bv Council member Rosenstem. accepted as frIend lv, to urge CnyTV to work WIth the Schoo] DiStrIct to explore If costs can be reduced III a way III \vhlch the School DIStnCt feels comfortable WIth the quailty The motion. as amended. was unanimously approved by vOice vote, Councllmembers Ebner and Greenberg absent Appomtments to the AIrport CommISSIOn, ComnnsslOn on the Status of\Vomen. Housmg CommISSIOn. and Los Angeles County West Vector Control. were contmued to the meetmg of December 16. 1997 as a 5-nem APPOINTMENT One appomtment to an unscheduled vacancy on the Socml SerVIces CommISSIOn for a term endmg June 30. 1998. was contmued to the meetmg of December 16. 1997, as a 5-ltem APPOINTME~TS FIve (5) appollltments to aunual vacanCIes on the PIer RestoratIOn CorporatIOn for two terms expmng November 8. 1999, and for three terms expmng Kovember 6.2000, were contmued to the meeting of December 16,1997. as a 5-nem APPOINTMENT One appomtment to an unscheduled vacancy on the Landmarks CommISSIon for a term endlllg June 30. 1998, was contmued to the meetmg of December 16, ] 997. as a 5-nem RESIGXATION I\10tlon bv Mavor Holbrook. seconded bv Mavor Pro Tern O'Connor. to accept wnh regrets the reslgnatlOn of Albert Rosen from the Housmg CommiSSIOn and authorize the City Clerk to pubhsh for an unscheduled vacancy for a term endmg June 30. 1998 The motion \vas unanimously approved by vOice vote. Councllmembers Ebner and Greenberg absent Councllmember Rosenstem excused rumself from the meetmg at 11 37 pm OBSERVATION - SEASON OF NON-VIOLENCE Presented was the request of CounCIl member Femstem to support the observance ofa Season of~on-VI01ence, a 64-day campaign rughilghtmg mdlvlduals 10 December 9. 1997 PUBLIC INPUT CLOSED SESSIONS 346 and organIzatIons that choose non-Violence as a way of hfe, and to I authonze the preparatlOn of a procJarnatlOn m support of the observance Member of the public Bnan Hutchmgs expressed hIS concerns MotIon bv Councllmember F emstem. seconded by Mayor Pro Tern O'Connor, to support the observance ofa Season ofNon-VlOlence, a 64-day campaign htghhghtmg mruvlduals and orgaruzatlOns that choose non-vlOlence as a way of hfe, and authonze the preparatIon of a proclamatlon m support of the observance The motlon was unarumously approved by VOIce vote, Councilmembers Ebner, Greenberg, and Rosenstem absent PUBLIC Th'PUT Member of the pubhc Steve Nutter, John Seeley, and Ron L1pschultz dIscussed the Issue of sweatshops AlII 46 pm. CounCIl adjourned to the followmg dosed seSSlOns CONFERENCE WITH LABOR NEGOTIATOR CIty NegotIator Karen Bancroft. Personnel DIrector Bargammg Urnt SupervISOl)' T earn ASSOCiates (ST A) ACTION Approved For actIon, see Item 12-A Conference WIth Legal Counsel - EXlstmg L1tigatlOn: Dand M Rosman. et al v CIty of Santa Momca, Case No SS 007045 ACTION Heard No actlOn taken Conference WIth Legal Counsel - EXlstmg L1tigatIon Jerrv Rubm v CIty of Santa Momca. Case No CV 97-8786 CBM (Jgx) ACTION Heard No actlon taken Conference WIth Legal Counsel - EXlstmg LltlgatlOn Crtv of Santa Moruca v MobIl 011. Case No SC 778141 ACTION Heard No actlOn taken Conference \Vlth Legal Counsel - EXlstmg LltlgatlOn Juhe Dad v CIty il December 9, 1997 I I I I I ADJOUR.~MENT 347 of Santa MOnica. et al . Case No. BC 181514 ACTION Heard Xo acllon taken On order of the Mayor the Clty Councll meetmg \-vas adjourned at 12 10 am ATTEST ~-~~ APPROVED ~-~ Mana ~1 Stewart CIty Clerk Robert T Holbrook Mayor 12 December 9, 1997