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M-12/2/1997 328 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 2, 1997 A regular adjourned meetmg of the Santa MOnica City Council was called to order by Mayor O' Connor at 6 38 pm, on Tuesday, December 2, 1997. m the Council Chambers. Roll Call PLEDGE AUT0:\10BILE DEALERSHIPS Present' Absent Also Present Mayor Pam 0' Connor Mayor Pro Tern Robert T Holbrook Councllmember Ruth Ebner CouncIlmember Michael Femstem CouncIlmember Ken Genser CouncIlmember Asha Greenberg Councllmember Paul Rosenstem Cny Manager John Jahh Cny Anorney Marsha Jones Moutne ASSistant City Clerk Beth Sanchez Councllmember Greenberg led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of Amenca. 8-A: ORDINANCE/AUTOMOBILE DEALERSHIPS AS PERi"\flTTED USES Presented was an ordmance for mtroductIon and first readmg anIendmg SectIOn 9 04 08 26 020 of Amcle IX of the Santa MOnica MuniCIpal Code to specify eXlstmg automobIle dealershIps as permItted uses m the C6 Boulevard Commercial Zomng DIstrIct provided that such dealerships may not resume operations If converted to another use or If operatIOns cease for a penod of one year or longer unless such closure IS the result of a natural disaster or fire On order of the Mayor. the pubhc heanng was opened Member of the public Joey Fullmer expressed her concerns Members of the publIc Damel Ehrler and ChrIS Hardmg spoke m December 2. 1997 I I I I I I PREFERENTIAL PARKING ZONES 329 support of the proposed ordmance and requested certam amendments relatIng to the one-year clause and treatment as a permItted use The Mayor closed the publIc hearmg MotIOn by COUllcIlmember Greenberg.. seconded bv Councllmember Ebner. to contmue thiS Item to the meetIng of December 9, 1997, and ask staff to report back on suggestIOns made tills evemng. MotIOn by Councllmember Greenberg. accepted as friendly, to amend the motIOn to stIpulate that the Item be contmued to the next aVaIlable meetmg The motIon was unanimously approved by VOlce vote, Councllmember Rosenstem absent 9-A: PREFEREl";TIAL PARKING ZONES Presented was the staff report recommendmg dIrectIOn to the City Attorney to prepare an ordmance to establIsh three preferentIal parkmg zones on (I) Pearl Street, west of Euchd Street, (2) 12th Street, north of Santa MOllica Boulevard. and (3) Stewart Street, north of Pica Boulevard, recommendmg dIrectIon to staff to conduct an envIronmental evaluatIon of the proposed zones, and, recommendmg that upon adoptlon of ordmances estabhshmg the parkmg zones. the appropnate budget revenue account be revIsed to reflect %.3 75 III additIOnal revenue from the sale of new preferentIal parkmg permIts On order of the :\1ayor, the public heanng was opened Member of the pubhc Joey Fullmer expressed her concerns Members of the publIc Harold Luebke. PatncIa MIlls. Bnan MIlls. John Cas\vell, Emma Gomez. JulIa Brm\>n. Robert Bro\\TI. Ed Nelson, and Alex Capron spoke m support of the preferentIal parkmg zone on Pearl Street Members of the pubhc Gustavo GarcIa. JaIme Navarro. Jean Lancaster, Jose Santmelh. John Ayers. and Bly1he MillIon spoke m support of the preferential parkmg zone on Stewart Street Members of the pubhc Dan Ehrler and ChriS Hardmg requested that the preferentIal parkmg zone related to 12th Street be continued to allmv the commencement of a commumty process 2 December 2, 1997 330 Members of the public Robert Wnght. MiChael Monahan, Jamna I Krupa, and Susan Oldfield spoke In support of the preferentIal parkmg zone on 12th Street MotlOn by Councllmember Femstem. seconded by Councllmember Genser. to hear a late speaker The motIOn was approved by voice vote. CounCllmember Ebner opposed. Councllmember Rosenstem absent Member of the pubhc Joyce UIOde spoke m support of the preferential parkmg zone on 12th Street The Mayor closed the publIc hearmg MotIon by Councllmember Femstem. seconded bv Councllmember Greenberg, to duect the City Attorney to prepare ordmances to estabhsh the follO\\<l.ng preferentIal parking zones Pearl Street. west of EuclId Street, Stewart Street, north of PIca Boulevard. dIrect staff to conduct an envIronmental evaluatIon of the proposed zones, and, upon adoptIOn of the ordmances establIshmg the parkIng zones, reVIse the appropnate budget revenue account to reflect addItional revenue from the sale of new preferential parkmg perrrllts The motwn was I approved by the followmg vote Ayes Councllmembers Ebner, Greenberg, Genser. Femstem. Mayor Pro Tern Holbrook. Mayor O'Connor ~one Councllmember RosensteIn Noes Absent MOllon bv Councllmember Genser. seconded by CounCJlmember Femstem. to dIrect the CIty Attorney to prepare an ordInance to estabhsh a preferentIal parkmg zone on 12th Street; dIrect staff to conducI an envIronmental evaluatIOn of the proposed zone, and. upon adoptIOn of the ordmance estabhshmg the parkmg zone. reVIse the appropnate budget revenue account to reflect addltlonal revenue from the sale of new preferential parkmg permIts I .., " December 2. 1997 I I I RECESS PEDICAB PROGRAM 331 SubstItute MotIOn by Mavor Pro Tern Holbrook, seconded bv CouncIlmember Ebner, to delay actIOn on the preferential parkIng zone for 12th Street to enable staff to have further dIalog With the automobile dealership and residents and to explore other optIOns of solvmg the parkmg problem on this street The substitute motion f31led by the followmg vote. Ayes COlmcIlmembers Ebner. Greenberg. Mayor Pro Tern Holbrook CouncIlmembers Genser. Femstem. Mayor O'Connor CouncIlmember Rosenstem Xoes Absent :\1otIon bv CouncIlmember Genser. accepted as fhendlv, to amend the mam motion to mclude directIOn to staff to explore other optIOns to address the parkmg problems on 12th Street and return to CounCil The mam motIon. as amended. was approved by the following vote Ayes Councllmembers Ebner, Greenberg, Genser. FeInsteIn, Mayor O'Connor :Mayor Pro Tem Holbrook None CouncIlmember RosensteIn Abstam Noes Absent On order of the Mayor. the City CounCil recessed at 8 56 P m CounCil reconvened at 9 30 pm. With all members present except Councllmember Rosenstem and Mayor O'Connor 9-B: PILOT PEDICAB PROGRAM Presented was the staff report regardmg approval, m concept. of the establishment of a Pilot PedIcab Program, recommendatIon to direct the City Attorney to prepare an ordmance and hold a public heanng to amend certam sectIOns of the MuniCipal Code to allmv the City Manager to approve a pilot program for pedICabs as non-motonzed vehicles for hue, to mclude pedicabs under Tax Rate Group III Busmess ClaSSificatIOn. and. recommendatIOn to duect the City 'Manager to prepare rules and regulatlons for such a pIlot program On order of the Mayor Pro Tem, the public hearmg was opened 4 December 2, 1997 COUNCIL CHAMBERS IMPROVEMENTS EDGEMAR PROJECT 332 Members of the pubhc Fred Khammar, Glen Gerson, Bnan Hutchmgs, I and ElIzabeth Noguez spoke m support of the establishment of a pdot pedicab program The Mayor Pro Tern closed the public heanng MotIOn by Councllmember Femstem. seconded by Councdmember Genser, to approve m concept the establishment of a pdot pedicab program. direct the City Attorney to prepare an ordInance and set a date for a pubhc heanng to amend 1) SectIOn 6 48 020 to allow the City Manager to approve a pdot program for pedicabs that would exempt them from certain rules and regulatIOns for taxicabs; and 2) SectIOn 6 08 150 to create a speCific InclUSIOn for pedicabs In the hstmg of services mcluded 'wlthIn Tax Rate Group III busmess claSSification. direct the City Manager to prepare rules and regulatIOns regardmg pedicabs for such pdot programs The motIon was approved by the follo'W1ng vote Ayes CouncIlmembers Femstem. Genser. Greenberg, Ebner. Mayor Pro Tern Holbrook None Councilmember Rosenstem, Mayor O'Connor Noes Absent 9-C: STATUS REPORT/COUNCIL CHAMBERS IMPROVEMENTS Presented was mformatlOn regardmg Improvements to the Council Chambers and request for CounCil directIOn on potential modificatIOns to Improve the usefulness of the space for members of the public, elected and appomted offinals Staff received directIon from Conncd InformatIon was received and filed 9-D: EDGEMAR PROJECT CERTIFICA TION/ST A TEMENT OF OFFICIAL ACTION Presented was the staff report regardmg the Edgemar Project Certification of Statement of OffiCial ActIon for Appeals 97-007, 97-008. 97-009 of the approval of Development ReView Perrmt 96-00. ConditIOnal Use Permit 97-004, Variance 96- 00 I. and Condmonal Use PermIt 96-011 for the project located at 2415 Mam Street, commonly kno\\n as the Edgemar Project On order of the Mayor Pro Tern, the publiC hearmg was opened 5 December 2. 1997 I I I I I MOR~NDOIWEED ABATE:'\1ENT MONTGOMERYI MA.';AGED GROWTH STATE ASSEMBLY l'iA TURAL RESOURCES COMMITTEE 333 There belllg no one ,\'ishmg to speak. the Mayor Pro Tern closed the pubhc heanng }"lotlon bv Councllmember Greenberg. seconded bv Councllmember - -- Ebner, to approve the Certification of Statement of OffiCial ActlOn for Appeals 97-007. 97-008. 97-009 of the approval of Development Review Permit 96-00. ConditIOnal Use Permit 97-004, Vanance 96- 001. and Condl11onal Use Permit 96-011 for the project located at 2415 Mam Street. commonly known as the Edgemar Project The motion "vas approved by the follo\Hng vote Ayes Councllmembers FemsteIn, Genser, Greenberg, Ebner. Mayor Pro Tern Holbrook None Councllmember Rosenstem, Mayor O'Connor Noes Absent 13-A: ROY MORAc~DOIWEED ABATEME~T ASSESS:\1.E~" Presented was dIe request of Roy Morando. resident. to address CounCil regardmg a Cny of Santa Momca weed abatement assessment Included In his property tax bIll The Issue ,vas referred to sraff 13-B: MICHAEL MO~TGOMERYIMANAGED GROWTH Presented was the request of Michael :\10ntgomery. reSident. to address City Council regardmg managed grO\vth In Santa Momca Motion bv Councllmember FelllsteIn. seconded bv Councllmember - - Genser. to contmue the meetmg past 11 00 P m The motion was unanImously approved by vOIce vote .\lembers of the pubhe DaVid Cole, DaVid Rmklan, and Robert Wnght spoke m support of the suggestion by Michael ~10ntgomery The InformatIon was received and filed 14-A: ANALYSIS/OLTCOMES OF STATE ASSEMBLY NATURAL RESOCRCES COMMITTEE Presented was the request of "'\'Iayor O'Connor and Councllmember Felllstelll to direct staff to analyze the outcomes of the State Assembly :-'atural Resources Commlttee field hearmg m order for the City CounCil to conSider slgmficant appropnate actlOn on federal and state leglslatlOn. 6 December 2. 1997 PUBLIC INPUT CLOSED SESSION 334 Member of the pubhc Snan Hutchmgs expressed his concerns MOHon bv Councllmember Femstem. seconded bv Councdmember Ebner, to dIrect staff to analyze the outcomes of the State Assembly Natural Resources Comrmttee field hearing In order for the Clf)' Council to consider slgmficant appropnate actIon on federal and state leglslatlOn 15: PUBLIC INPL'T Member of the pubhc DavId Busch dIscussed homeless Issues At 11: 16 p.m. CouncIl adjourned to Closed SeSSlOn 16-A Conference \Vlth legal counsel. EXlstmg LItIgatIOn City of Santa MOllica v Mobil Oil Corporation, Case No 778141 ACTION Heard No actlOn taken 16-B Conference with legal counsel EXlstmg LltlgatlOn WII-Fourth Partnerslup v CItv of Santa MOllIca. Case No BS 045458 ACTION Heard No actlOn taken 16-C Conference With legal counsel EXlstmg LItIgatlOn City of Santa MOllIca v Arco. et aI., Case No Be 12 1317 Motion bv CouncIlrnember Ebner. second by CounCllmember Greenberg to approve settlement III the amount of $174,830 The motIOn was approved by the followmg vote Ayes CouncIlmembers Femstem. Genser, Greenberg, Ebner, Mayor Pro Tern Holbrook None Councllmember Rosenstem. Mayor O'Connor Noes Absent 16-D' ConfeIence With legal counsel EXIsting LItIgatIOn Charm ant Partners. Ltd v City of Santa MOlliCa, Case No SS 007397 7 December 2, 1997 I I I I I I ADJOURNMENT 335 ACTIO~ Heard No actIOn taken 16-E' Conference wlth legal counsel' Antlclpated LltlgatlOn Two cases. ACTIOK Heard No actlOn taken ADJOURNMENT At II 50 pm, the meetmg was adjourned to December 9. ] 997, m memory of Raymond Olsen ATTEST ~ Assistant City Clerk APPROVED 8 December 2, 1997