Loading...
M-3/19/1996 137 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 19, 1996 A regular adjourned meetmg of the Santa Moruca CIty CouncIl was called to order by Mayor Rosenstem at 6 39 pm, on Tuesday, March 19, 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 Pamela O'Connor (amved at 6 52 pm) Absent CouncIlmember Robert T Holbrook Also Present CIty Manager John Jahh City Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart Councllmember Ebner led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of Amenca IN SPIRA TION A moment of mspIratIon was proVIded by AurelIa Flammg and Hilary BIenstock, PoetrylNarratIve EdItors of The Pen Pusher magazme, Santa Moruca HIgh School 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 Member of the publIc Joy Fullmer dIscussed Items on the Consent Calendar Mayor Pro Tem Greenberg and CouncIlmember Genser requested that Item No 6-E be removed from the Consent Calendar due to traffic Issues, concerns WIth the SIZe of the feStiVItIes at the college, staff partIcIpatIOn, estImated costs for pohce servIces, and clanficatlon of the date of the event MotIon bv Mavor Pro Tern Greenberg_ seconded bv Counci~member Genser. to approve the Consent Calendar. WIth the exceptIon of Item No 6-E, readmg resolutIons by tItle only and waIvmg further readmg thereof The motIon was approved by the followmg vote Ayes CouncIlmembers Genser, Ebner. Abdo, Mayor Pro Tern Greenberg, Mayor Rosenstem 1 March 19, 1996 I I I I I I 138 J\l 0 es Absent None CouncIlmembers Holbrook, O'Connor 6-A: MINUTES APPROVAL The CIty CouncIl minutes of February 13 and 20. 1996, were approved as submItted 6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994 EARTHOUAKE DAMAGE) ResolutIon No 9004(CCS) enutled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 6-C: FINAL TRACT MAP NO. 51098ffPC-197/1144 ST;\NFORD STREET ResolutIon No 9005(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANT A MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION i'v1AP FOR TR.A..CT NO 51098 AT 1144 STANFORD STREET,'I was adopted thereby approvmg a 9-umt tenant-partIcIpating converSIOn project at 1144 Stanford Street 6-D: AMENDMENT TO AGREEl\1ENTIKPMG PEAT MARWICKlAUDIT SERVICES Contract No 5732(CC5) was approved WIth KPMG Peat MarwIck to proVide two addItional years of audIt servIces at specIfied pnces El'\TI OF CONSENT CALEl\UAR 6-E: 4TH OF JULY FESTIVITIES DISCUSSIon was held With regard to the staff recommendatIon that Councd endorse a co-sponsorshIp of Santa Momca College's June 29, 1996_ fireworks celebratIOn and 4th of July commumty event ill PalIsades Park and authonzatIon for staff to proceed WIth event plannmg and preparatIon There was dIscussIon relatIve to secunty problems In the past when the 4th of July fireworks celebratIon was promoted as a regIOnal event WhICh resulted In extremely large. and at tImes unruly crowds WIth not enough polIce secunty There was also dIscussIOn regardmg the pOSSIbilIty of holdmg a fireworks celebratIon on the 4th of July, WIth promotion only WIthm the commumty Councllmember O'Connor arrIved at 6 52 P m MotIOn by Councdmember GenseL secondeo by Mayor Pro Tem Greenberg. to approve co- sponsorshIp of Santa Momca College's fireworks celebratIon, WIth staff to proceed as descnbed In the staff report With the modIficatIon that concerns raIsed tlus evemng relatIve to promotIng thIS event as a commUnIty event only, and not as a regIOnal event be taken mto consIderatIon The motion was approved by the followmg vote Ayes CouncIlmembers Genser, Ebner, O'Connor, Abdo, Mayor Pro Tern Greenberg 2 March 19, 1996 Noes Abstam Absent 139 I None Mayor Rosenstem CouncIlmember Holbrook MotIon by CouncIlmember GenseL seconded by CouncIlmember Abdo, to schedule a heanng at the next converuent meetmg on handlmg the July 4th celebratIon In the beach pomon of the CIty. WhICh could mclude fireworks and the commumty event SubstItute motIon bv CouncIlmember Ebner. second bv Mavor Pro Tern Greenberg:. that the - - . - issue of handlIng the July 4th celebratIon In the beach area be returned as an mformatIon Item only and approve the staff recommendatIon regardmg the productIon of an afternoon comrnurnty event 10 Pahsades Park on July 4, 1996 The substItute motIon faIled by the followmg vote Ayes Noes Absent Councilmember Ebner, Mayor Pro Tern Greenberg. Mayor Rosenstem Councllmembers Genser. O'Connor. Abdo CouncIlmernber Holbrook The ongmal motIon failed by the followmg vote Ayes Noes Absent Councrlrnembers Genser. O'Connor, Abdo Councllrnember Ebner. Mayor Pro Tern Greenberg, Mayor Rosenstem Councllrnember Holbrook I 7-.4..: APPEAL/PLANNING COMMISSION APPROVAUCUP 95-007/DESIGN MODIFICATIONIMODIFIED FEES/CONDOMINIUMS/1043-104511TH STREET The appeal of Plannmg CommISSIOn approval of Condmonal Use Perrmt 95-007 requestJ.ng deSIgn modificatIOn and modIfied fees for a five-urnt resIdentIal condornmmm project at 1043-1045 11 th Street was contmued to the rneetmg of May 14, 1996, at the request of the apphcant 8-A: CLAR,IFICA nON AND EXPANDED USES/ASSESSMENTSIBUSINESS IMPROVEMENT AREA The ordmance was presented for adoptIon Motlon by Councllmember Abdo. seconded by Mayor Pro Tern Greenberg:, to adopt Ordmance No 1845(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANT A MONICA AMENDING ORDINANCE NUMBER 1606(CCS) TO CLARIFY AND EXP AND THE USES OF ASSESSMENTS LEVIED WITHIN A BUSINESS IMPROVEMENT AREA, II reading by tItle only and waJ.vmg further readmg thereof The moUon was approved by the followmg vote Ayes Noes Councllrnembers Abdo, O'Connor, Ebner. Genser, Mayor Pro Tern Greenberg, Mayor Rosenstem None I 3 March 19, 1996 I I I 140 Absent Councllmember Holbrook 8-B: PREFERENTIAL PARKING ZONE HH Councllmember Genser advIsed of a potentIal conflIct of mterest relatIve to thIS Issue and was excused at 7 16 P m Presented was an ordmance for mtroductIon and first readmg to establIsh Preferential Parkmg Zone HH m the area bounded by AdelaIde Dnve, 7th Street, San Vicente Boulevard and Ocean A venue and the recommendatIon that the negatIve declaratIon be approved On order of the Mayor, the publIc hearmg was opened for tlus matter Member of the publIc Joy Fullmer expressed her concerns Members of the publIc JacqUle Banks and Schumarry Tsou spoke In support of the proposed parkmg zone There bemg no other speakers. the Mayor closed the publIc heanng ~10tlOn bv Mayor Pro Tern Greenberg:. seconded bv Councllmember Ebner. to approve the negatIve declaratIon The motIon was approved by the follOWIng vote Ayes Councllmembers Ebner, OtConnor, Abdo, Mayor Pro Tern Greenberg, Mayor RosensteIn None Councllmembers Genser, Holbrook Noes Absent Motion bv Mavor Pro Tern Greenbem. seconded bv Councllmember Ebner. to mtroduce for first - - -- readmg an ordInance entItled "AN ORDINANCE OF THE CITY COUNCil.. OF THE CITY OF S -\..?>.JT A MONICA ADDING SECTION 3 08 460 TO THE SANTA MONICA 1.11.., TNICIP AL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE HH, It readmg by tItle only and waIvmg further readmg thereof The motIon was approved by the following vote Ayes Councllmembers Ebner, O'Connor, Abdo, Mayor Pro Tern Greenberg, Mayor Rosenstem None CouncIlmembers Gensel. Holbrook Noes Absent Councllmember Genser returned to the dlas at 720 P m 9-A: DEMOLITION/SEA CASTLE APARTMENTS Presented was the staff report recommendmg adoptIon of a resolutIon declarmg that an emergency eXISts WIth respect to the propeny located at 1725 The Promenade (Sea Castle Apanments). requestmg authonzanon for the expenditure of funds to enforce NUIsance Abatement Board actIons to abate the rmmment 4 March 19, 1996 141 I threat to publIc safety. and authonzatIon for the CIty Manager to negotIate and execute a contract With Ground Zero DemolItion and EnvIronmental Engmeenng Company and related finns. m the amount of $692,353, for the demolItion, secunty. aIr quality momtormg. and project management for the project On order of the Mayor, the publIc heanng was opened for thts matter Member of the publIc Joy Fullmer expressed her concerns Member of the publIc Peter Gelblum, legal counsel for the owner of the Sea Castle. spoke In support of the demolinon of the property, however, requested an analysIs of the proposed costs pnor to approval of the contract and took exceptiOn to certam contract stIpulatIons Member of the publIc Jerry Bass spoke m support of the staff recommendation There bemg no other speakers, the Mayor closed the publIc hearmg CouncIl asked questIOns of staff and dISCUSSiOn ensued Staff adVised that negOtIatIOns WIth Ground Zero DemolItIon were not finalIzed, and therefore staff was amendmg the recommendatlOn to authonze the CIty Manager to enter mto a contract WIth Ground Zero Demolmon and EnVIronmental Engmeenng Company to read mstead "RecommendatIon to authonze the Cay Manager to negotiate and execute a contract WIth an (uns!lecIfied) demolItIOn comoanv Motion by Mayor Pro Tem Greenberg:. seconded by CouncIlmember Abdo. to adopt ResolutIon I No 9006(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA....NTA MONICA DECLARING THAT AN EMERGENCY EXISTS WITH RESPECT TO THE PROPERTY AT 1725 THE PROMENADE," readmg by title only and waIvmg further readmg thereof The motIon was approved by the followmg vote Ayes Councllmembers Abdo, O'Connor, Ebner, Genser, Mayor Pro Tem Greenberg,MayorRosenst~n None Councllmember Holbrook Noes Absent Motton bv Mavor Pro Tern Greenberg. seconded bv Councllmember Abdo. to authonze the - - -- expendIture of CDBG (Emergency Supplemental or MERL) or Redevelopment funds as set forth above to perform the reqUIred NUIsance Abatement Board orders from February 9, 1996 for the Sea Castle Apartments at 1725 The Promenade. mcludmg secunty, enVironmental morutonng, demolItIon and project management The motIon was approved by the fol1owmg vote Ayes Councdmembers Abdo, O'Connor, Ebner, Genser, Mayor Pro Tern Greenberg, Mayor Rosenstem None Councdmember Holbrook Noes Absent I 5 March 19, 1996 I I I 142 Motion by Mayor Pro Tern Greenberg:. seconded by CouncIlmember Abdo, to Walve the competItIve bId process for selectmg fIrms associated WIth these actIons, mcludmg securIty, au qualny mOnltonng, demolmon and project management The motIOn was approved by the follo\vmg vote Ayes CouncIlmembers Abdo, O'Connor, Ebner, Genser, Mayor Pro Tern Greenberg, Mayor Rosenstem None CouncIlmember Holbrook Noes Absent MotIon by Mayor Pro Tern Greenberg, seconded by Counctlmember Ebner. to authorIZe the CIty Manager to negotiate and execute a contract wIth a demolitIOn company and an envIronmental engmeenng company and related firms m the amount of $692,353 for the demohtIon, secunty, au quality mOnltonng, and proJect management for the proJect The motIon was approved by the followmg vote Aves Councllmembers Abdo, O'Connor, Ebner. Genser, Mayor Pro Tem Greenberg, Mayor Rosenstem None Councllmember Holbrook Noes Absent 9-8: CLOSED SESSION Held at the end of meetmg 10-A: SPECIAL ASSESS:MENT/SEA CASTLE APARTMENTS The publIc hearmg to hear protests or obJectIOns, If any, by property owner of Sea Castle Apartinents (1725 The Promenade) regardmg the placement of a speCIal assessment on the premises for the cost of the abatement of a pubhc nUisance, adoptIOn of a resolutIOn of confirmatIon affinmng the speCIal assessment on the property, and, authOrIZatIon to staff to fIle a Notice of LIen With the Los Angeles County Recorder and the Los Angeles County Assessor for collectton of the speCial assessment was heard before Council On order of the Mayor, the pubhc heanng was opened for thts matter Member of the pubhc Joy Fullmer expressed her concerns Member of the publIc Jerry Bass spoke ill support of the speCIal assessment Member of the publIc Peter Gelblum, legal counsel for the owner of the Sea Castle property, requested a continuance of thIS Item to allow hIm tIme to reVIew the breakdown of the costs proposed There bemg no other speakers, the Mayor closed the pubhc heanng Motion by Mayor Pro Tern Greenberg:. seconded by Councilmember Genser, to conunue the dISCUSSIon portIOn of thiS Item to the meetmg of March 26, 1996 The motIon was unanImously approved with Counctlmember Holbrook absent 6 March 19, 1996 143 I On order of the Mayor the CIty CouncIl recessed at 8 25 P ill _ and reconvened at 8 49 pm. with all members present except Councllmember Holbrook 13-A: MEL GREENSTEIN/SALE OF BUSINESSES/ACE JEWELRY & LOA),;/ANGELO'S PAWN SHOP Members of the publIc Mel Greenstem and Angelo GarzIen addressed CouncIl regardmg current laws Impedmg the sale of theIr bus messes, Ace Jewelry & Loan and Angelo's Pawn Shop, respectively, whIch stipulate that pawnshop owners be selected from a preestablIshed waitmg hst CouncIl asked questIons ofMr Greenstem and rv1r Garzlen Motion by Mayor Pro Tern Greenberg, seconded by CouncIlmember Gens~r, to direct staff to reVIew the Issues raIsed and return to CouncIl wIth a report and recommendatIOns on pOSSIble solutIons The motIon was unammously approved WIth Councilmember Holbrook absent 13-B: DERRELL TIDWELL/GALEN GARYfPAY TELEPHONESfRESIDENTIAL AREAS Member of the publIc Galen Gary addressed CouncIl regardmg the enactment of legIslatIOn to prohIbIt busmesses from placmg pay telephones on reSIdentIal streets or near reSidentIal property, speCIfically cItmg a pay telephone whIch was mstalled three feet from thelf dnveway and the resultmg problems they have suffered MotIon bv CouncIlmember GenseL seconded bv Mayor Pro Tern Greenberg, to direct staff to I reVIew current law and return as soon as pOSSible With any pOSSIble amendments to the law Motion bv Mayor Pro Tern Greenberg to amend the motIOn to explore the POSSIbIlIty of c1assIfymg thIS pay telephone as a publIc nUIsance 10 order to accelerate the process The motlon was accepted as fnendly and carned unanImously WIth CouncIlmember Holbrook absent 13-C: T Al\1AR HURWITZIRAINFOREST ACTION NETWORK/SUPPORT OF COASTAL RAINFORESTS IN BRITISH COLUMBIA Member of the publIc Tamar HUrwItz. RaInforest ActIOn Network. dIscussed the destructIon of the anCIent ramforests III BmIsh ColumbIa and asked the CIty CouncIl to adopt a non-bmdmg resolutIon that would reqUIre companIes to adopt ecological procurement pohcles Motion by CouncIlmernber GenseL seconded by Mayor RosensteIn, to dlfect staff to prepare a SUItable resolutIon to present to CouncIl for adoptIOn at the meetIng of March 26, 1996, If pOSSIble The motion was unanImously approved With CouncIlmember Holbrook absent 14-A: APPOINTMENTSIBOARDS AND COMMISSIONS Mayor Rosenstem announced that the floor would conSIder nomInations to the Personnel Board. ..... Russell Barnard Mayor Pro Tern Greenberg nommated WIlham Coleman Councllmember Genser nomInated Laune O'Neal There bemg no further nOmInatIons. nommatIOns were closed On a call for the vote, no one nommee receIVed the requITed four votes Councllmember Genser I 7 March 19, 1996 I I I 144 subsequently changed hIS vote and Russell Barnard was appomted to the Personnel Board for a full term endmg June 30. 2000 There bemg no obJectlOns, the appomtment to the Housmg CommIssIOn was contmued to the meetmg of March 26, 1996 14-B: RECONSIDERA TIONIREST AURANT/ENTERT AINJ\iIENT EST ABLISHMENT/370 SANTA MONICA PIER Presented was the request of CouncIlmember Genser to reconsIder the Council actIon on the appeal of PlannIng CommIssIOn approval of CondItIonal Use PermIt 94-024 and Reduced Parkmg PermIt 94-006. for a 699-seat restaurant and entertamment establIshment at 370 Santa MOnIca PIer (Smbad's/Club Route 66), In hght of potential conflict of Interest by one of the votIng CouncIlmembers QuestlOns and general dIScussIon ensued WIth regard to the dIfferences between quasI-JudICIal and legIslatlve endeavors by CouncIl Member of the publIc Kelly Olsen discussed mtegnty and publIc trust as well as the Imponance of elected offiCIals actmg JUdICIously and aVOIdIng the appearance of conflIct of mterest, and encouraged CouncIl to reconsider thIS Item DIscusslOn was held WIth regard to the hIstOry and background of the project along WIth a bnef outlme of the sIgmficant changes of the project between the Planmng CommIssIOn heanngs and the CIty CouncIl hearmgs The offiCial CIty VIdeo tape of the testImony by Mayor Rosenstem at the Planmng CommISSIon meetIng m questIon was shown and dISCUSSion ensued l'vlotlOn by . seconded by Mayor Pro Tem Greenberg. to ask staff to look at a polIcy statement that could be formulated for mclusIOn m CounCIl rules addressmg the specIfic Issues of quasI-JudICIal heanngs The motIon was unarnmously approved WIth CouncIlmember Holbrook absent to contmue tlus Item to see whether the fourth member of the CounCIL who IS elIgible to make the motIon to reconsider. might be wIllmg to do so The motlOn faded by the followmg vote Aves Noes Absent CouncIlmembers O'Connor. Ebner, Genser CouncIlmernber Abdo. Mayor Pro Tern Greenberg, Mayor Rosenstem Councdmember Holbrook 15: PUBLIC INPUT Member of the publIc John Jurenka complaIned about polIce vehIcles parkmg In the CIty Hall parkmg lot 9-A: CLOSED SESSION At 10 15 pm, CouncIl adjourned to Closed SesSIOn for the purpose of conference WIth legal counsel EXIstmg ImgatIon 1 Kelley v. CITY Of Santa MOfilca. LASC Case No SC031054, 8 March 19. 1996 145 2 People et al v Seacastie et aI., LASC Case No 55 006484. HarvIlle v Milton. et at, LASC Case No SC 022 835 consolIdated WIth SC 031853. McNall v v Cltv of Santa MOnIca. USDC Case No CV 95-8634 ER .. -' 4 No actIOn taken ADJOURN1\1ENT At 10 30 pm, the meeung was adjourned m memory of Sydney Bmstock. MIke Demeo. Jack L Hone, DIana Mann, MIchael Rubm, Walter WIewIOra, Arthur Kuehl, the children gunned down m Dunblane. Scotland. and the people kIlled by terronsts m Israel ATTEST APPROVED h\-~_?:--w. ~ ~~.~ ]\-1ana 1\1 Stewart Cltv Clerk Paul Rosenstem Mayor 9 March 19, 1996 I I I