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M-4/23/1996 I I I 156 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 23, 1996 A regular meetmg of the Santa Maruca CIty Council was called to order by Mayor Rosenstem at 637 p.m , on Tuesday, April 23, 1996, m the Council Chambers. Roll Call: Present. Mayor Paul Rosenstem Mayor Pro Tern Asha Greenberg CouncIlmember Judy Abdo CouncIlmember Ruth Ebner CouncIlmember Ken Genser CouncIlmember Robert T Holbrook (arrIved at 7.38 p.m.) CouncIlmember Pamela 0 I Connor Also Present CIty Manager John JalilI CIty Attorney Marsha Jones Moutne City Clerk Marla M. Stewart Mayor Pro Tern Greenberg led the assemblage m the Pledge of AllegIance to the Flag of the U mted States of Amenca NSPIRA TION A moment of InSpIratIOn was provIded by Emily Clencher and ChnstIna Johnson, members of the Santa MOllica HIgh School Orchestra 4-A: COMl\1ENDATIONS/SANTA MONICA BUSINESSESIENVTRONl\fENTALLY SUSTAINABLE BUSINESS PRACTICES- Mayor Rosenstem presented commendatIons to Santa Momca busmesses recogmzmg theIr envIronmentally sustamable busmess practices. 6. CONSENT CALENDAR: The Consent Calendar was presented, whereby all Items are consIdered and approved m one motIon unless removed from the calendar for dISCUSSIon At the request of Councl.lmember GenseL Item No. 6-F was removed from the Consent Calendar Members of the publIc Lmda WIlson, Joy Fullmer_and James Kelley discussed Items on the Consent Calendar MotIon by Mavor Pro Tern Greenberg. seconded by CouncIlmember Abdo. to approve the Consent Calendar. WIth the exception of Item No 6-F, readmg resolUtlons by title only and WaIVing further readmg thereof The motion was approved by the followmg vote: 1 Apnl 23 _ 1996 157 Ayes: CouncIlmembers Genser, Ebner. O'Connor. Abdo, Mayor Pro Tern Greenberg, Mayor Rosenstem None Councurnember Holbrook I Noes: Absent: 6-A: MIl\'UTES APPROVAL: The CIty CouncIl mmutes of March 26, 1996, were approved as submItted. 6-8: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994 EARTHOUAKE DAMAGE): ResolutIon No. 9019(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY, " was adopted. 6-C: APPLICATIOK FOR GRAl'i'T FUNDS/JOSLYN PARK IMPROVEMENTS: ResolutIon No 9020(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR JOSLYN PARK IMPROVEMENTS," was adopted. 6-J): ACCEPTANCE OF PETITIONSIINSTALLA TION OF STREETLIGHTS: ResolutIon No. 9021 (CCS) entItled. n A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON JULY 9,1996, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREETLIGHTING AND APPURTENANT \VORK ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 10061 WITHIN THE CITY OF SANTA MONICA," was adopted I 6-E: A\VARD OF BID/VEIDCLES/VARIOUS DEPARTMENTS: The bid to furmsh and dehver eleven (11) vehIcles for varIOUS departments was awarded to Wondnes Chevrolet m the amount of 5245.844 08. 6-G: A!\'lEND'1ENTS TO LEASE AGREE:MENTI\VINDW ARD SCHOOL" Amendments to Contract No. 3828(CCS) were approved WIth Wmdward School for use of Cay property for recreatIonal purposes and proposed constructIon of classroom facultIes. 6-H: CQl',lRACT/LA.l\ffiFll..L GAS MONITORING/CORPORATE YARD Contract No 7199(CCS) was approved WIth Arthur D. Lmle. Inc. III the amount of $73.250 to conduct landfIll gas mOllltOrmg at the Clty's Corporate Yard and the appropnatIon of $60.432 from the Water, Wastewater. Refuse and General Funds was approved I 2 Apn123, 1996 I I I 158 6-1: AGREEMENT/LEGAL SERVICES/EMPLOYER-EMPLOYEE RELATIONS ~fA TTERS Contract No. 7200(CCS) was approved WIth LIebert, CassIdy and Fnerson In an amount not to exceed $94,000 to provIde legal servIces relatIng to employer-employee relatIons matters. 6..J: oPPOSmON TO SB1538/REGULATlON OF RESTAURA1'\TTS A.l'ID RETAil- FOOD ESTABLISHMENTS: The recommendanon to oppose SB1538 regardIng regulatIon of restaurants and retaIl food estabhshments was approved END OF CONSENT CALENDAR 6-F: LICENSE AGREEMENT/CIROUE DU SOLEH.. Councdmember Genser adVIsed that he had removed thIS matter off the Consent Calendar only to hIghhght the extensIOn of the City's agreement WIth CIrque du Solell for performance VlSlts Monon by Councllmember Genser _ seconded hv Mayor Pro Tern Greenberg _ to approve Contract No 7198(CCS) WIth Cuque du Soled for performance VISIts In the fall of 1996 and spnng of 1997. and an optIon to return In the fall of 1999 and spnng of 2000 The motIon was approved by the followmg vote Ayes Councdmembers Genser, Ebner, O'Connor, Abdo, Mayor Pro Tern Greenberg, Mayor RosensteIn None Councdmember Holbrook Noes. Absent 7-A: APPEAL 96-004/CUP 95-017/DRIVE-UP WINDOW/JACK-IN-THE-BOX/2025 LINCOL~ BOL'LEV ARD. Followmg general dISCUSSIon, Mayor RosensteIn announced that the procedure thIS evemng WIll be to hold the publIc hearmg. hear the staff report, and hear the appeal. and then contInue tius Item and Item No. 7-B for delIberation to the meetIng of May 28, 1996. due to pendmg lItigatIon between the City and Foodmaker. Inc. Presented was Appeal 96-004 of Plannmg CommISSIon Approval of CondltIonal Use Permit ApplIcation (CUP 95-017) to allow the late-mght operation of the dnve-up wmdow m the Jack-In- the-Box restaurant located at 2025 Lincoln Boulevard until May 1, 1998 Councllmember Holbrook arrIved at 738 p.m. Jack Rubens. representIng the applIcant/appellant, and Mnesh Gala. franchIsee, spoke III support of the appeal and III opposltlon to the CUP On order of the Mayor. the publIc heanng was opened Members of the pubhc Fred Bakshandeh, DaVId Steele. and James Kafka spoke In OpposItIon to the appeal and In support of the CUP. 3 Apnl 23. 1996 159 Member of the publtc Joy Fullmer expressed her concerns. There bemg no other speakers. the I Mayor closed the publIc heanng. Jack Rubens presented a rebuttal. CouncIl asked questIons of Mr. Rubens. The remamder of thIS Item was contInued to the meetmg of May 28, 1996. 7-B: APPEAL 95-016/CUP 95-016NAR 95-033/DRIVE-UP WINDOW/JACK-IN-THE- BOX! 2423 "VILSHIRE BOULEVARD Presented was Appeal 95-016 of Plannmg CommIssIon Approval of Condmonal Use PermIt ApplIcation (CUP 95-016) and VarIance ApplIcation (V AR 95-033) to allow the late-mght operatIon of the drIve-up wmdow m the Jack-In-the-Box restaurant located at 2423 WIlshIre Boulevard untIl May 1, 1998. Jack Rubens and John Emanuelh. representIng the applIcant/appellant, spoke m support of the appeal and In oppOSItiOn to the CUP On order of the Mayor. the publIc hearIng was opened. Members of the publIc Susan Henderson, Donald Brandt. GIok Brandt, Leon Ferder, Edward CastIllo, DanIel Graham, Blythe Egan, PhyllIS Duncan. JennIfer SIlverman. Judy SIlverman, AllIson Velkes. and Ron Velkes spoke In Opposltlon to the appeal and m support of the CUP. Member e: the pubhc Joy Fullmer expressed her concerns Motion by CouncIimember Genser. seconded bv CouncIl member Abdo, to hear a late speaker. The motIon was unammously approved by VOIce vote. WIth all CouncIlmembers present. I Member of the publIc RIchard Bloom spoke III opposmon to the appeal and III support of the CUP. There bemg no other speakers, the Mayor closed the publIc hearmg Jack Rubens presented a rebuttal. CouncIl asked questIOns of Mr Rubens. The remamder of thIS Item was contInued to the meetmg of May 28, 1996 8-A: 'fRAL'\l"SPORTA nON MANAGEl\fEl\T'f PLAN The ordmance was presented for second readmg and adopnon. MotIon by Councllmember Abdo. seconded by Mayor Pro Tern Greenberg, to adopt Ordmance No 1847(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9.16 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO TRANSPORTATION MANAGEMENT," readmg by tide only and walvmg further readmg thereof The motIon was approved by the followmg vote: Ayes CounCllmernbers Abdo, O'Connor. Ebner. Holbrook. Genser, Mayor Pro Tern Greenberg, Mayor Rosenstem None None I Noes. Absent 4 Apn123. 1996 I I I 160 8-:8; BUSINESS LICENSESIREGULATORY JlliSTRICnONs ON BUSINESS ACTIVITIES The ordlllance for second readlllg and adoption repealmg, amendmg, or addmg varIOUS sectIons of ArtIcle 6 of the Santa Moruca MUniCIpal Code regardIng bus mess licenses and regulatory restrIctions on bUSIness acnvItIes, as amended and mtroduced Apnl 9, 1996, was WIthdrawn at the request of staff and contInued to the meetmg of May 14, 1996. 8-C: PREFERENTIAL PARKING ZONES EE. FF. AND GG: Presented was an ordmance for mtroductlon and fIrst readmg addmg Sectlons 3.08 430, 3.08.440 and 3 08.450 to the Santa MOllIca MUniCIpal Code establIshmg Preferential Parkmg Zones EE. FF, and GG On order of the Mayor, the publIc hearmg was opened Members of the publIc RICh HendrIcks and Clare Foster spoke III suppon of the Preferential Parkmg Zones. Member of the publIc Joy Fullmer expressed her concerns. There bemg no other speakers, the Mayor closed the pubhc hearmg MotIon hv CouncIlmernher Genser. seconded by Mayor Pro Tern Greenberg, to approve the negatIve declaratIons and llltroduce for fIrst readmg the followmg ordmances entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3.08 430 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE EE. " "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3.08.440 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE FF," and '.AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF SANTA MONICA ADDING SECTION 3 08.450 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE GG." readmg by tItle only and waIvmg further readmg thereof The motIon was approved by the followmg vote. Ayes Councllmembers GenseL Holbrook, Ebner. O'Connor, Abdo, Mayor Pro Tern Greenberg. Mayor Rosenstem None None Noes' Absent On order of the Mayor. the CIty CouncIl recessed at 9:09 p.rn , and reconvened at 9.37 p m.. WIth all members present. MotIon by CouncIl member Holbrook. seconded by CouncIl member Abdo, to hear Item No. 14-F at thiS tIme The motIon was approved on VOIce vote. Councllmember Genser opposed 5 Apnl 23, 1996 161 Councllmember Genser stated, for the record, that he voted agaInSt the above motIon because he I feels that by takmg thIS action WIth no notIce to the publIc. members of the publIc have been prohIbIted from spealang on the Item. 14-F: OLYMPIC TORCH RELAY BANNERS: Presented was the request of Mayor Rosenstem to dISCUSS authonzmg staff to purchase and hang OlympIC Torch Relay banners along WIlshIre Boulevard, Ocean Avenue, and Mam Street and to notIfy resIdents of thIS event. DISCUSSIon ensued on the need to take actIon, as the event occurs tlus commg weekend; on the cost to purchase and hang the banners; and, on the fact that the Coca Cola logo appears, III small letters. on the banners. MotIon by Mayor Rosenstem. seconded by CouncIlmember Abdo, to authonze staff to purchase and hang the OlympIC Torch Relay banners along the relay route and authorIze staff to notify resIdents of thIS event MotIon bv CouncIlmember Genser to amend the motIon to remove the banners as soon after the event as pOSSIble dIed for lack of a second The motIOn was approved by the followmg vote: Ayes CouncIlmembers Holbrook, Ebner. O'Connor. Abdo. Mayor Pro Tern Greenberg, Mayor Rosenstem CouncIlmember Genser None I Noes Absent Councllmember Genser stated, for the record. that he voted agamst the above motIon as he feels that It IS mappropnate to use taxpayer dollars to emblazon the name of a commercIal entIty on the public streets. and, If the Cny's real purpose IS to advertise the event, the banners could be constructed WIthout the commerCIal entIty's name In addItIon, CouncIlmember Genser stated that If the banners are gomg to be up for three weeks after the event, It furthers the mapproprIateness of the use of publIc funds for commercIal advertIsmg CouncIlmember Ebner excused herself from the meetIng at 10.11 p m 9-A: MASTER ENVIRONMENTAL ASSESSMEl't"T. Presented was the staff report recommendmg approval of the 1995-96 Master EnVironmental Assessment (MEA). the baselIne envIronmental reference for prepanng envIronmemalImpact reports and the reference tool for makmg deCISIons about future planmng polICIes The Mayor opened the meetIng for publIc comment. Member of the publIc Frank Gruber expLamed the ratIonale of the PLanmng CommISSion recommendatIons Member of the publIc Joy I Fullmer expressed her concerns. 6 Apnl 23, 1996 I I I 162 Motton by CouncIlmember Genser. seconded bv Councllmember O'Connor, to approve the 1995-96 MEA WIth the mcorporatlon of the changes recommended III the staff report and appendmg same to Include the raw numbers for weekend traffIC counts m the VISItor-servIng areas of the Cay and mclude a reference to same m the mam body of the traffic section, and also mclude a note III the populauon sectIon that the Cuy acknowledges that the number IS the reSident populanon but not necessarIly the true daynme populatIon The motion was approved by the follOWIng vote: Ayes Councdmembers Abdo. O'Connor, Holbrook, Genser, Mayor Pro Tern Greenberg. Mayor Rosenstem None Councllmember Ebner Noes: Absent' Monon by Councdmember Genser. seconded hv Councllmernber Ahdo, to ask staff to study the suggesnons of the PlannIng CommISSIon and EnvIronmental Task Force, as well as the daytIme populatIon of the CIty, for pOSSIble mcluSlOn m future MEAs The motIOn was unammously approved by VOIce vote WIth Councllmember Ebner absent. ' 9-B: CLOSED SESSION: Held at end of meetmg. 14-A: APPOTh'TMENTS/BOARDS AND COMMISSIONS: The appomtments of members to Boards and CommISSIOns was contInued to the meetIng of May 14, 1996. 14-B: ECOLOGICALLY SUSTAINABLE PAPER USE PRACTICES: Presented was the request of CouncIlmember Genser to dISCUSS a resolution regardmg ecologIcally sustaInable paper use practIces The Mayor opened the meetIng for publIc comment Members of the pub he Andrew Koemg, DaVId Wolfberg, Tamar HurWItz, and Chns Hatch spoke 10 support of the proposed resolutIon, MotIon by CQuncllmember GenseL seconded by Councllmember O'Connor, to adopt the draft resolutlon as prepared by staff WIth the followmg change SectIOn 1 to read as follows "The City CouncIl of the City of Santa Momca IS opposed to the use of clear-cut BrItIsh Columbian anCIent temperate ramforesLS for wooden fiber products " Substltute motlon by Mayor Rosemaem_ seconded by Mayor Pro Tern Greenben!, to adopt the resolutlon as prepared by staff WIth the followmg change: SectIOn 1 to read as follows' "The CIty Council of the CIty of Santa Momca IS opposed to the use of clear-cuttIng of coastal temperate old-growth ramforests. partIcularly when such actIons are for the purpose of manufactunng paper products," and addmg language that the CIty CouncIl calls on the Cahforma PublIc Uulmes CommISSIon to develop methods to mlmmlze the unnecessary production and dIstnbutIon of paper telephone books 7 Apn123, 1996 163 Mayor Rosenstem clarIfied the language of the Proposed SectIon 1 as follows. "The ,Cuy CouncIl I of the Cay of Santa MOllica 15 opposed to clear-cuttmg for the use of wood and fiber products denved from coastal temperate raInforests. ,. Mayor Pro Tern Greenberg WIthdrew her second SubstItute motIon by Mayor RosensteIn_ seconded by Councilmember Abdo, to adopt the resolutIon as prepared by staff WIth the followmg change: SectIon 1 to read as follows. "The CIty CouncIl of the CIty of Santa Momca 15 opposed to clear-cuttmg for the use of wood and fIber products denved from coastal temperate ramforests, II and addmg language that the CIty Council calls on the CalIfornia PublIc UuhtIes CommIssIon to develop methods to mmlmIze the unnecessary productIon and dlstnbutIon of paper telephone books. The substltute motIon was approved by the followmg vote Ayes: Councllmembers Genser, Holbrook, O'Connor. Abdo, Mayor Pro Tern Greenberg, Mayor Rosenstem None CouncIlmember Ebner Noes: Absent By vmue of the above actIon, ResolutIOn No. 9022(CCS) entItled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA URGING RESIDENTS, BUSINESSES AND OTHER JURISDICTIONS TO ADOPT ECOLOGICALLY SUSTAINABLE PAPER USE PRACTICES." was adopted as amended. I Monon by CouncIl member Abdo. seconded by Counctlmember O'Connor. to extend the meetIng past 11 00 P m. The motIon was unammously approved by vOice vote WIth Councllmember Ebner absent 14-C: Sl;PPORT/SBI028/KASSENBAUM-KE1\'NEDY HEALTH INSURANCE REFORM BILL Presented was the request of Mayor Rosenstem and CouncIlmember Genser to dISCUSS adopnon of a City CouncIl resolutIon In support of Senate BIll 1028. the Kassenbaum-Kennedy Health Insurance Reform BIll, as recommended by the CommISSIOn on Older Amencans The Mayor opened the meetIng for publIc comment. Member of the pub he Joy Fullmer expressed her concerns MotIon by CouncIlmember Genser. seconded by Mavor Rosensteln_ to go on record In support of Senate BIll 1028. the Kassenbaurn-Kennedy Health Insurance Reform Bill The motIon was unammously approved by VOIce vote WIth CouncIlmember Ebner absent. 14-D: TRANSPORTATION PARTNER/CENTER FOR LIVABLE COMMUNITIES: Presented was the request of Mayor Rosenstem to dlSCUSS CouncIl support of the Cuy In becommg a T ransportatlon Partner WIth the Center for LIvable Commumtles to enhance mobIlity and livabIlity through commumty deSIgn. sensIble economIcs, and technology applIcations. I 8 Apnl 23, 1996 I I I 164 MotIon by Mayor RosensteIn. seconded by ConncIlmember Abdo, to suppon the CIty In becommg a TransportatIon Parmer wIth the Center for LIvable CommumtIes. The motIon was unammously approved by VOIce vote WIth Councilmember Ebner absent. 14-E: TRA VEL FUNDSIPLANNING COMMISSION MEMBERS/LIVABLE CO~fiJNIT1ES CONFERENCE Presented was the request of Councllmember O'Connor to diSCUSS providIng travel funds for all PlannIng CommIsSion members to attend the LIvable CommunItIes Conference on April 26 and 27, 1996, m the City of San FranCiSCo, sponsored by the Local Government CommisSiOn. Mallon by Councllmember O'Connor. seconded by Councllmember Abdo, to allocate $2.100 m travel funds for three Plannmg CommisSIOners to attend the Livable CommunItIes Conference ill San FranCISCO The motion was approved by the followmg vote. Ayes CouncIlmembers Abdo, O'Connor, Holbrook, Genser, Mayor Pro Tern Greenberg, Mayor Rosenstem None Councllmember Ebner Noes' Absent 15: PUBLIC Th'PUT Member of the publIc Joy Fullmer expressed her concerns on variOUS Issues 9-B: CLOSED SESSION At 11 27 p m., Councd adjourned to Closed SeSSIon for the purpose of conference WIth legal counsel. EXistmg Lmgatlon 1 Mlcha~l SIllIman v. City of Santa MOllica, Supenor Court Case No SC 031628. ') People et al. \'. Seacastle et aI., LASe Case No. 55 006 484. 3 McNally v. CIty of Santa MOllica. us DC Case No. CV 95-8634 ER. 4. FoodmakeL Inc. v. CltV of Santa MOnica. Case No FC 040926. 5 AntiCipated LmgatIon Two cases At 12.25 a.m.. Councd reconvened With all members present except Councllmember Ebner. MotIon by Councilmember Holbrook. seconded by Mayor Pro Tern Greenben!:, w approve settlement In the amount of $70.000 In the case of MIchael Stlhrnan v. CIty of Santa MOnIca The motIon was approved by the followmg vote: Ayes CouncIlmernbers Genser. Holbrook. O'Connor, Abdo, Mayor Pro Tern Greenberg, Mayor Rosenstem None Councilmember Ebner Noes. Absent 9 Apn123,1996 165 ADJO~fENT: At 12:31 a m.. the meetIng was adjourned m memory of Manny Greenhill I and John Rehwald ATTEST ~-I~ APPROVED: dJJ~ ~.1ana M. Stewart CIty Clerk Paul Rosenstem Mayor I I 10 Apn123,1996