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M-2/13/1996 108 CITY OF SANTA 110NICA CITY COUNCIL lHNUTES FEBRUARY 13. 1996 A regular meetmg of the Santa MOllica CIty CouncIl was called to order by Mayor Rosenstem at 635 pm. on Tuesday, February 13. 1996. III the CouncIl Chambers Roll Call Present Mayor Paul Rosenstem Councllmember Judy Abdo Councllmember Ken Genser Mayor Pro Tempore Asha Greenberg CouncIlmember Ruth Ebner CouncIlmember Pamela 0' Connor Councllmember Robert T Holbrook Also Present CIty Manager John JahlI CIty Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart Councllmember Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of Amenca INSPIRATION A moment of mSplratlOn was provIded by Santa MOllica HIgh School cast members of "A Ralsm In the Sun ., 6. CONSENT CALENDAR The Consent Calendar was presented. whereby a111tems 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 Councllmember Holbrook requested that Item No 6-0 be removed from the Consent Calendar MotIon by Mayor Pro Tern Greenberg. seconded by CouncIlmember Abdo, to approve the Consent Calendar, WIth the exceptIOn of Item No.6-G. readmg resolutIons by tItle only and WaIVIng further readmg thereof The motIOn was approved by the follOWIng vote Ayes Councllmembers Genser, Holbrook. Ebner, O'Connor. Abdo. Mayor Pro Tern Greenberg, Mayor Rosenstem None None Noes Absent I I I I I I 108 6-A: l\flNUTES APPROV AT, The CIty Council mmutes of January 23 and 30. 1996. were approved as submitted 6-B: TIME PERIOD RESTRICTION ON CERTAIN ACTMTIES OF FORMER CITY OFFICIALS Ordmance No 1838 (CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIP AL CODE SECTION 2 08 040 REGARDING RESTRICTIONS ON ACTIVITIES OF FORMER CITY OFFIC1I\LS," was adopted on second readmg 6-C: MODIFICATION OF DENSITY ST ANDARDIR2B ZONING DISTRICT Ordmance No 1839 (CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 904 08 62 060 TO MODIFY THE DENSITY STANDARD IN THE R2B ZONING DISTRICT," was adopted on second readmg 6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994 EARTHOUAKE DAMAGE) Resoluuon No 8996 (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-E: AUTHORIZATION FOR CITY MANAGER TO ACT ON BEHALF OF CITY/ FEDERALLY FUNDED HIGHWAY PROGRAMS/INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 199. Resolution No 8997 (CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF SANTA MONICA ON ALL MATTERS ASSOCIATED WITH THE ADMINISTRATION AND IMPLEMENTATION OF THE VARIOUS FEDERALLY FUNDED IDGHW A Y PROGRAMS OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991,11 was adopted 6-F: AWARD OF CONTRACT/STEINY AND COMPANY !TRAFFIC SIGNAL MODIFICATIONS ContractNo 7186 (CCS) was awarded to Stemy and Company, Inc m the amount of $165,061 for traffic signal modIficatIOns at the mtersecUons of 4th Street and Broadway, and 4th Street and PICO Boulevard 6-B: REDUEST THAT COUNTY OF LOS ANGELES DESIGNATE PACIFIC COAST REGIONAL SMALL BUSINESS DEVELOPMENT CORPORATION AS AUTHORIZED LENDER/SMALL BUSINESS LOANS The City Manager was authonzed to request that the County of Los Angeles deSignate PaCific Coast RegIOnal Small Busmess Development Corporation as an authonzed lender to make small busmess loans m Santa Momca, as reqUIred under the provlSlon of the EconomiC Development Adnull1stratlon (EDA) grant 2 February 13, 1996 109 I 6-1: APPOINTMENT OF BILL SELBYffASK FORCE ON THE ENVIRONMENT The City Manager was authorIzed to appomt Bdl Selby to the CIty's Task Force on the Envlfonment 6-J: ALTERNATE ROUTE/PIER RESTORATION CORPORA TIQN MARDI GRAS CELEBRATION PARADE An alternate route was approved for the Pier Restoration CorporatIon's MardI Gras Celebration parade scheduled for February 16. 1996 END OF CONSENT CALEI\TDAR 6-G: CONTRACT WITH COTTON/BELAND/ASSOCIATESIPREPARATION OF EIRIEXP ANSION OF SUNSET PARK PREFERENTIAL PARKING ~ONE ttL" Presented was the staff report reeommendmg authonzatlOn for the CIty Manager to negotIate and execute a contract With CottonIBeland/Assoc]ates m the amount of $46.353 for the preparation of an Env]ronmental Impact Report for the expanSIOn of the Sunset Park PreferentIal Parkmg Zone "L " CounCil asked questions of staff DISCUSSion ensued as to the need to spend funds for the contract as It ]s understood that there ]S a parking problem that needs resolution MotIon bv Councllmember Holbrook. seconded by Councilmember Ebner, that the staff recommendatIOn not be approved Substitute motIOn by Councllmember GenseL seconded by CouncIlmember O'Connor to approve the staff recommendatIon The motIon. which aetlOn reqUIres five (5) affirmatIve votes. faded by the followmg vote I Ayes Noes Absent Councllmembers Genser. O'Connor, Abdo, Mayor Pro Tern Greenberg CouncIlmembers Holbrook, Ebner, Mayor Rosenstem None Substitute motIOn bv Mavor Pro Tern Greenbenz.. seconded bv Councdmember Ebner. to - -- conSIder havmg preferentIal parking on the one street that has been dIscussed. and thereafter diSCUSS WIth the Santa MOllica CIty College the necessIty for an envIronmental report for the entIre d]stnct DISCUSSIon ensued as to the resulting overflow of parkmg mto adjacent streets IT only one street IS deSignated for the preferentIal parkmg, and the effects on aU reSidents III the college area. and on the eventual need to assess the area as one project Mayor Pro Tern Greenberg Withdrew her motJon. WIth agreement by the seconder. The main motIon was back on the floor Substitute motIon by Councilmember Genser, to continue thiS matter to the next meetIng and dIrect staff to notIfy affected residents of continuance so they may come and speak before Council : second D]scusslon ensued on the cost of the study and the legal reqUIrements for an environmental report I ... -' February 13, 1996 I I I no SubstIIDte motIon bv Counc]lmember Abdo, seconded by Mliyor Rosenstem, to contmue thIs matter for two weeks to allow staff time to provIde addmonal mformatIOn to CouncIlmembers The motIon was approved, WIth Counctlmember Ebner abstammg Mot]on by Counctlmember GenseL seconded by Councllmemt>er Abdo, to direct staff to notify affected reSidents of contmuance so they may have an opportumty to speak before CouncIl The motion was approved by the followmg vote Ayes Councdmembers Genser, O'Connor, Abdo, Mayor Pro Tern Greenberg. Mayor Rosenstem Counctlmembers Holbrook. Ebner None Noes Absent 7-A: APPEAL/PLANNING COMMISSION APPROV ALNTPM NO. 24346/1011 11 TB STREET Presented was the appeal of Planmng CommissIon approval of vestmg tentative Parcel Map No 24346 for property located at 1011 ] lth Street to permit the merger of two eXlstmg parcels and subdiViSion of the new parcel mto three aIr space lots, and an ordmance for mtroductIon and first readmg amendmg vanous sections of Santa Momca Mumclpal Code Chapter 9 20 regardmg subdIVISiOns Staff presented the Planmng CommISSiOn's approval and the Issues at hand On order of the Mayor, the public heanng was opened WIlliam Teachworth. appellant. presented hIS appeal for Councll consIderatiOn Chns Hardmg, representIng the applIcant. dIscussed the project Councl] asked questIons of Mr Hardmg Member of the publIc Joy Fullmer expressed her concerns On order of the Mayor. the pubhc heanng was closed Motion by Councllmember Abdo. seconded by CouncIlmember Holbrook, to rntroduce for first readmg an ordmance enutled "AN ORDINANCE OF TIfE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF SANTA MONICA :MlJNICIPAL CODE CHAPTER 9 20 REGARDING SUBDMSIONS," readmg by title only and waIvmg further readmg thereof, WhICh would, conSistent With the Planmng CommISSiOn recommendatIOn, reVIse the SubdiVISIon Ordmance to clarify that the CIty IS authonzed to approve air space subdIVISIOns The motIon was approved by the followmg vote Ayes Councdmembers Abdo. OIConnor, Ebner, Holbrook, Genser, Mayor Pro T ern Greenberg, Mayor Rosenstem None None Noes Absent MotIOn by Councl]member Abdo. seconded by Councdmember Holbrook to deny the appeal and approve the declSlon of the Planmng CommISSIon The motIOn was approved by the followmg vote 4 February 13, 1996 Ayes Abstam Noes Absent 111 CouncIlmembers Abdo. O'Connor. Holbrook, Genser. Mayor Pro Tern Greenberg, Mayor Rosenstem Councllmember Ebner None None MotIOn by Mayor Pro Tern Greenberg:. seconded by CouncIlmember Ebner, to ask staff to review relevant portIOns of the MUnIcipal Code pertammg to appeals and to return WIth a report as to whether or not the appeal process should be restrIcted to the projects bemg considered DISCUSSIOn was held The moUon was approved by the followmg vote Ayes Noes Absent CouncIlmembers Ebner, Holbrook, Mayor Pro Tern Greenberg. Mayor Rosenstem Councllmembers Abdo, Genser. QlConnor None The Mayor announced that the next matter to be conSidered would be Item No 8-A which m turn Will be combmed WIth Item No 9-A 8-A: BA YSIDE DISTRICT SPECIFIC PLAN Presented were ordmances for second readmg and adopl1on amendmg the OffiCial Dlstnctmg Map to estabhsh the Bayslde CommercIal Dlstnct III portlOns of the eXlstmg C3 and C3C DIstricts, and, addmg SectIon 90402030 142 to the Santa MOllica MUnICipal Code estabhshmg a defimtlOn for bIllIard parlors, amendmg ZOnIng Ordmance Section 9 04 08 20 060 regardmg the C3C downtown overlay dIstrIct property development standards. addmg 9 04 08 15 estabhshmg zOnIng standards for the Bayslde Commercial Dlstnct and amendmg Mumclpal Code SectIon 9 52 170 regardmg slgnage standards III the Bayslde DIstriCt SpeCific Plan Area The Mayor mtroduced thiS matter by advlsmg that generally a second readmg IS a routme matter, however. the purpose of a second readmg IS to give CouncIl the opportumty to conSider whether there are any other thoughts about the Item The Mayor explamed that If Councd makes any changes to the SpecIfic Plan or the ordmances mtroduced at the last meenng, then they would become a new first readmg and a new second readmg would be conducted at the next meetmg I I DISCUSSIon was held relaTIve to the number of restaurant and alcohol outlets stIll avadable under the old plan and the addITIonal number proVided for m the new plan and pOSSibly reducing the total number, on reopenmg the matter of food courts for dlSCUSSlOn and pOSSible adjustments, on eXlstmg commercIal uses of the dlstnct. and, on placmg caps on the number of restaurant and alcoholoutIets Matton by Councllmember Abdo_ seconded by Councllmember Genser, to adopt Ordmance No 1840 (CCS) entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I SANT A MONICA AMENDING THE OFFICIAL DISTRICTING MAP TO EST..<\BLISH THE 5 February 13. 1996 I I I 112 BAYSIDE COMlVlERCIAL DISTRICT IN PORTIONS OF THE EXISTING C3 AND C3C DISTRICTS.'- readmg by tltle only and walvmg further readmg thereof SubstItute motion by CouncIlmember Holbrook. seconded by CQllncIlmember Ebner. to allow the redIstnbutlon of unused restaurant and lIquor lIcenses accordmg to the numbers proposed by the Planmng CmrumssIOn while mamtammg the current cap on the number of outlets After further dIScussIon, Counctlmember Holbrook withdrew hIS motIon The motIOn to adopt the ordmance on second readmg was approved by the followmg vote Ayes Counctlmembers Genser, Ho]brook, O'Connor, Abdo, Mayor Pro Tern Greenberg, Mayor Rosenstem Counctlmember Ebner None Noes Absent Motlon by Councllmember Abdo. :;econded bv Councllmember Genser, to adopt Ordmance No ]84] (CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING ORDINANCE SECTION 9 04 02030 ]42 ESTABLISIDNG A DEFIJ\lTION FOR BILLIARD PARLORS. AMENDING ZONING ORDINANCE SECTION 9 04 08 20 060 REGARDING THE C3-C DOWNTOWN OVERLAY DISTRICT PROPERTY DEVELOPMENT STANDARDS, ADDING PART 90408 15 ESTABLISHING ZONING ST A!\I'DARDS FOR THE BA YSIDE COMMERCIAL DISTRICT, AND AMENDING MLl'HCIPAL CODE SECTION 952170 REGARDING SIGNAGE STANDARDS IN THE BA YSIDE DISTRICT SPECIFIC PLAN AREA, II readmg by tItle only and walvmg further readmg thereof The motIOn was approved by the followmg vote Ayes Noes Absent CouncIlmembers Genser. O'Connor, Abdo. Mayor Rosenstem CouncIlmembers Holbrook, Ebner, Mayor Pro Tern Greenberg None Motion bv CouncIlmember Abdo. seconded bv Mavor Rosenstem, to ask staff to return WIth - - - optIons addressmg at least the addmonal restaurant Issue, the food court Issue, and the Issue of ground floor retatl and commercIal, and whether caps on alcohol and restaurant outlets should be block-by-block or dIstnct-wlde, after talkmg WIth Bayslde DIstnct representatives MotIon was unanImously approved by vOIce vote, WIth all Councl]members present 9-A: DOWNTOWN URBAN DESIGN PLAN ADVISORY COMMITTEE The recommendatlon to select three CouncIlmembers for the Downtown Urban DeSIgn Plan AdVISOry CommIttee was presented MotIon by CouncIlmember Abdo. seconded by CouncIlmember Ho]brook to select Mayor Rosenstem, CouncIlmember Ho]brook, and Councllmember Genser to serve on the Downtown Urban DeSIgn Plan Adv1sory CommIttee DISCUSSion was held 6 February 13. 1996 113 I Substitute motIon by CouncIlmember Ebner. seconded by Mayor Pro Tern Gr~enberg, to select CouncIlmember O'Connor, Councdmember Holbrook and Mayor Rosenstem to particIpate In the commIttee DISCUSSIon was held The substItute motlOn faded by the followmg vote Ayes Abstam Noes Absent Councdmembers Ebner, Holbrook. Mayor Pro Tern Greenberg Councllmember O'Connor Councdmembers Abdo, Genser. Mayor Rosenstem None The ongmal motIon faIled by the followmg vote Ayes Noes Absent CouncIlmernbers Abdo, Holbrook, Mayor Rosenstem CouncIlmembers O'Connor, Ebner, Genser. Mayor Pro Tern Greenberg None The above Item was contmued to the meetmg of February 20, 1996 On order of the Mayor, the CIty CouncIl recessed at 8 35 P m and reconvened at 9 00 pm. WIth all members present 8-B: ORDINANCE REGARDING V ARIANCES/CORRECTION OF INADVERTENT OMISSION ThIS ordmance was presented for mtroductlon and first readmg I On order of the Mayor, the publIc heanng was open for thlS matter Member of the publIc Joy Fullmer expressed her concerns There bemg no other speakers, the Mayor closed the publIc heanng MotIOn bv CouncIlmember Genser. seconded bv CouncIlrnember Abdo. to Introduce for first - . readmg an ordmance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9 04 20 10 030 REGARDING V ARlANCES, II readIng by tItle only and waIvmg further readIng thereof The motIon was approved by the followmg vote Ayes Noes Absent CouncIlmembers Genser, Holbrook, Ebner, O'Connor, Abdo, Mayor Pro Greenberg, Mayor RosensteIn None None 8-C: PARKING REGULATIONSffAXICABSIIAXI ZONES ThIS ordmance was presented for mtroductIOn and first readmg I 7 February 13, 1996 I I I 114 On order of the Mayor. the public hearmg was open for thIs matter Member of the public Joy Fullmer expressed her concerns Member of the publIc Ron Cano dIscussed actIOns bemg taken by the Bayslde DIstrIct, through an ad hoc commIttee, In dealIng WIth problems WIth taxIcabs and made suggestIons There bemg no other speakers, the Mayor closed the public heanng DIScussion was held Motion bv Mayor Pro Tern Greenb~r~L seconded by CouncIlmember Ebnt;:r. to mtroduce for first readmg an ordmance entItled "A.l\J ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAl"'IT A MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIOK 648080 REGARDING PARKING REGULATIONS FOR TAXICABS." readmg by tltle only and WaiVIng further readIng thereof The motIon was approved by the follOWIng vote Ayes CouncIlmembers Abdo. O'Connor. Ebner. Holbrook, GenseL Mayor Pro Tern Greenberg, Mayor RosensteIn None None Noes Absent MotIon by Mayor Pro Tern Greenberg. seconded by CouncIlmernber Ebner, to dIrect staff to mstall mtenm taxI zones m the ThIrd Street Promenade area. takmg mto account CouncIl dlscusslOn thIS evemng and the concerns expressed DIscussIOn was held SubstItute motIon by CouncdJllernber GenseL seconded by CouncIlmember Abdo, to ask staff to return With an analYSIS of the varIOUS optJons for meeung the need of taxI zones DIscussIOn was held The substItute motIon faded by the follOWIng vote Ayes Noes Councllmembers Abdo, Holbrook, Genser CouncIlmernbers O'Connor, Ebner, Mayor Pro Tern Greenberg. Mayor Rosenstelll None Absent The mam motIOn was approved by the followmg vote Ayes CouncIlmembers Abdo, O'Connor, Ebner. Genser. Mayor Pro Tern Greenberg, Mayor Rosenstem Councdmember Holbrook None Noes Absent Councrlmember Holbrook stated, for the record, that the reason he voted agamst thIS motIon was because he does not know how many interun taxI zones WIll be Installed and, as It 15 hIS understandmg, that up to fourteen or seventeen more have been authonzed 9-B: CLOSED SESSION To be held at end of meetmg 8 February 13, 1996 115 I Items lO-A and lO-A-l were dIscussed and acted upon concurrently 10-A: ESTABLISHMENT OF ASSESSMENT DISTRICT/CONSTRUCTION AND REPAIR OF GUTTERS AND SIDEWALKSIRESURFACING STREETS!lMPROVING ALLEYS/COMPLETING APPURTENANT WORK The publIc heanng to establIsh an assessment dlstnct for construction and reparr of damaged concrete gutters and sidewalks, for resurfacmg streets. ImproVIng alleys and for completmg the appurtenant work at vanous cny streets, adoptlOn of a resolution estabhslung the assessment dlstnct, and. the recommendatIOn to amend ResolutiOn of IntentlOn No ~(CCS) to allow commercial and mdustnal property owners to pay for their assessment on l~tallments was presented before Council 10-1\-1: AWARD OF CONTRACT/ANNUAL STREET IMPll.OVEMENT PROGRAM Presented was the award of contract to Los Angeles Engmeenng. Inc m the amount of $1.961,85950 to perform the annual street Improvement program and miscellaneous paVIng work. authonze the Clty Manager to negotiate and execute a contract WIth CM! Engmeenng Consultants In an amount not to exceed $112,000 for construction management services dunng the street resurfacmg work, and. approve account budgets Councllmember Abdo adVised of a pOSSible conflict of Interest relative to thIS Item and was excused at 10 05 P m I Staff presented the matter and adVised that the City has received sixteen protests and mqumes to thiS recommended actIon summarized as follows twelve from members or representatIves of relIgIOUS mstltutIons protestmg because of costs and because of the fact that churches have a very small budget and are unable to pay for the proposed assessments, two protests deal With dIfferences of opInIOn as to whether the constructIon should be concrete or asphalt. one protestmg the cost of the project, one protest which was resolved, and. one protest from the Post Office contendmg that as an agency of the federal government they are not subject to any taxes or assessments by the City and a resultant opmlOn by the CIty Attorneis office concurrIng With the protest of the Post Office CouncIl asked questIons of staff On order of the Mayor, the publIc hearmg was open for thiS matter Members of the publIc Franceye SmIth, Beth Leder-Pack. and Sandy RIchards requested hardshIp accommodatIons be made for non-profit organizatIOns and churches Member of the publIc Joel McLafferty spoke ill OppOSItion to the establIshment of an assessment distrIct as the repairs are unnecessary There bemg no other speakers, the Mayor closed the publIc heanng CouncIl asked questIOns of staff and diSCUSSIon ensued as to the CIty's legal lImItations ill creatmg an exemption for non-profits and/or relIgIOUS mstltutlons MallOn by Counctlmember GenseL seconded by Councllmember O'Connor, to adopt ResolutIOn I No 8998 (CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 9 February 13, 1996 I I I 116 SMIA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS. ALLEY IMPROVEIv1ENTS, STREET RESURFACING, SIDEWALKS, DRIVEWAYS AND CURB REP AIRS. AND THE REMOVAL OF DAMAGED PAVEMENT IN P ARKW A Y AREAS AND APPURTENANT WORK, IN CONJUNCTION WITH THE FY 1995-96 STREET RESURFACING PROGRAM AS SET FORTH IN RESOLUTION OF INTENTION NUlvlBER 8945 (CC5)," estabhshmg the assessment distrIct, readmg by title only and WaIvmg further readmg thereof, and amend the Resolution of IntentIon No ~ (CCS) to allow commercial ~ ~~*5 and mdustnal property owners to pay for theIr assessment on mstallments, to award Contract No 7187 (CCS) to perform the annual street Improvement program and miscellaneous pavmg work to Los Angeles Engmeenng, Inc , the lowest responsible bidder, m the amount of $1.961.85950, authonze the CIty Manager to negotIate and execute Contract No 7188 (CCS) WIth CM! Engmeermg Consultants for constructIon management services dunng the street resurfacmg work m an amount not to exceed $112,000, authonze the CIty Engmeer to Issue any necessary change orders to complete additIonal work m conformance WIth the AdmmlstratIve InstructIons on change orders. and approve account budgets as mdlcated m Attachments A and B of the staff report for each account The motIon was approved by the followmg vote "-yes Counctlmembers OIConnor, Ebner. Holbrook. Genser, Mayor Pro Tern Greenberg, Mayor Rosenstem None Counctlmember Abdo Noes Absent Motion bv Councllmember Genser. seconded bv Councllmember O'Connor. to ask staff to - - analyze optIons for reducmg the fmanclal burden on publIc benefit. non-profit orgamzanons and rehglOus mStltutlOns and report back to CounCIL as qUIckly as pOSSible Such measures might mclude. but are not lImned to, placmg lIens on the property In heu of payment, extended payment optIons, and other alternatIve methods offmancmg The motIOn was approved by the followmg vote Ayes Abstam Noes Absent Councllmembers O'Connor, Holbrook, Genser, Mayor Rosenstem Mayor Pro Tern Greenberg Councllmember Ebner Councllmember Abdo CounclImember Ebner stated. for the record, that she has a concern WIth the CIty gettmg mvolved WIth the church and, even though she has no problem helpmg people and msututlons finance loans, the Issue of mlxmg church and state IS an InVitatIon to problems CouncIlmember Abdo returned to the dlas at I I 00 P m M0110n by Councllmember Holbrook. seconded by Mayor Pro Tern Greenberg to extend the meetmg to Mldmght 10 February 13, 1996 117 I Substitute motion bv CouncIlmember GenseL seconded bv CouncIlmember Abdo. to contInue the meetmg to hear -any Items for whIch members of the publIc are present. act on the resIgnatIOn Items. Item No 14-G, hold the Closed SeSSIOn, WIth the stIpulatIon that the meetmg not go later than MIdnIght, and contInue any other Items to the meetIng of February 20th The motIOn was unanImously approved by VOIce vote, WIth all members present 13-A: JAMES R. DOKNICIOUS DOGS Member of the publIc James R Dok was not m attendance to address CouncIl regardmg Santa MOnIca MUlllcIpal Code SectIon 4 04 410, VICIOUS Dogs Member of the publIc Jane Dempsey requested the removal of any reference to speclf'ic breed(s) and "dangerous dogstl In the MumcIpal Code, conSistent With SB428 MotIon bv CouncIlmember Genser. seconded bv Mavor Pro Tern Greenben!. to refer thIS Issue - - - to staff for theIr analYSIS and request that they report back m a manner they deem to be most appropnate The motIOn was unammously approved by VOIce vote, WIth all members present 13-B: KATE WECHSLERlTENANT PARKING AND ISSUES Member of the publIc Kate Wechsler addressed CouncIl regardmg amendmg a section of the Zomng OrdInance relatIve to the usage of tenant parkIng In apartment buIldmgs and regardmg other tenant-related Issues SpeCIfically, Ms Wechsler reported that her landlord had always proVIded a parkmg space for each tenant. but that as of January I. 1996, the landlord had notIfied tenants that they no longer had access to the parkmg lot unless they paId a monthly fee for use of the parkmg space Ms Wechsler adVIsed that the tenants of the bUIldmg, Includmg her. felt thIS was an Improper actIOn on part of the landlord and sought some type of enforcement rehef CouncIl asked questIons of Ms Wechsler Member of the publIc Lance Carlson dIscussed the problems of parkIng and other tenant-related Issues assocIated With hIS apartment I MotIOn bv Councllmember Genser. seconded bv Councllmember Abdo. to dIrect staff to analyze - - - the Issues of the use of the parkIng lots for other than on-SIte buIldIng reSIdent parkmg, potentIal abuse of late fee charges by the landlord claImIng the rent payment was not received on tIme, enforcement of eXistIng ordInances and potentIal for addItIonal legIslatIon, and, JUrISdICtIOn Issues of the Rent Board_ that thIS matter return as a "5" Item at a future date to be detemuned The motion was unanImously approved by VOIce vote, WIth all members present 14-A: APPOINTMENTSIBOARDS AND COM:MISSIONS The appoIntments of members to Boards and CommIssIOns was contInued to the meetIng of February 20, 1996 14-B: AMI;ND:MENT OF PROPOSITION R IMPLEMENTING ORDINANCE The request of Counctlmember Holbrook to dISCUSS dIrectIng staff to amend the ProposItIon R ImplementIng ordmance to allow In heu fees for offslte affordable housmg umts was contmued to the meetIng of February 20, 1996 I 11 February 13, 1996 I I I 118 14-C: UNL~ WFUL DETAINER ACTION Presented was the request of Mayor Pro Tern Greenberg to dISCUSS dIrectmg staff to mvesllgate authonzmg the CIty Attorney to bnng unlav.ful detamer acllon agaInst tenants who are engagmg m Illegal drug or gang actIVItIes Member of the publtc Irma Vargas, representmg the Apamnent ASSOCIatIon of Greater Los Angeles, spoke m support of a partnershIp between the police department and the landlord workmg m cooperatlon to deal WIth thIS problem Monon by M&yor Pro Tern Greenberg. seconded by CouncIlmember Ebner. to dIrect staff to mvestigate any optIons avaIlable to expedIte the eVIctIon of tenants who are engagmg ill Illegal drug actIVIty or other types of cnmmal vlOlent aCtiVItIes The motIon was unamffiously approved by vOIce vote. WIth all members present 14-0: LETTER OF RESIGNATIONIMAJlTINN SHIRJ(ISOClAL SERVICES COl\tThlISSION Motion bv Councllmember Abdo. seconded bv Councilmemher Genser, to accept WIth regrets the letter of resIgnatIOn from MarIlyn J Slurk of the SOCIal ServIces CommIssIon and authonze the City Clerk to publIsh a Notlce of Vacancy The motIon was unanImously approved by vOIce vote. WIth all members present 14-E: LETTER OF RESIGNA TION/PHYLLIS WHITE/COMMISSION ON OLDER AMERICANS Motion by CouncIlmernber Abdo_ seconded bv Mayor Pro Tern Greenberg. to accept WIth regrets the letter of reslgnatlon from PhyllIs S WhIte of the COmrnISSlOn on Older Amencans and authOrIze the CIty Clerk to publIsh a Notlce of Vacancy The motIon was unammously approved by VOIce vote, WIth all members present 14-F: DEMOLITION OF VACANT BUILDINGS The request of Mayor Pro Tern Greenberg to dISCUSS the number of vacant bUIldIngs m the CIty and the CIty'S polICIes regardIng demolmon of those buIldIngs was contInued to February 20, 1996 15: PUBLIC INPUT There were no speakers 9-A: CLOSED SESSION At 11 35 PM, CounCIl adjourned to Closed SeSSiOn for the purpose of conference WIth legal counsel EXIstmg lItIgatIon 1 Krantz v. CIty of Santa Momca, Supenor Court Case No SC 022940, 2 Sea Castle AoartmenK Ltd. v. Cltv of Santa Momca, Case No BS 032530, 3 Sharon Azna1y-Carr v. CIty of Santa MOnIca. SuperIor Court Case No SC 33592, and 12 February 13, 1996 119 4 Jeffrey Bnan Dolan v. CIty of Santa MOnIca, Federal Court Case No CV 95-7394 One case of antIcIpated lItIgatIon Pubhc Employee EvaluatIOn TItle CIty Attorney At 12 05 a Ill. the CIty CouncIl reconvened wIth all members present Mayor RosensteIn announced that no actIon was taken In the cases of Krantz and Sea Castle Apartments MotIOn bv Mavor Pro Tern Greenbem. seconded bv Councllmr:mber Ebner, to award settlement - - - ~ In the case of Sharon Aznaly-Carr v CIty of Santa MOnIca In the amount of $25.000 The motIon was approved by the followmg vote Ayes Counctlmembers Genser, Holbrook. Ebner, O'Connor. Abdo, Mayor Pro T em Greenberg. Mayor RosensteIn None None Noes Absent Motton by Councllmember Holbrook. seconded by Mayor Pro Tern Greenberg., to award settlement In the case of Jeffrey Bnan Dolan v CIty of Santa MOnIca In the amount of $40,000 The motIon was approved by the followmg vote Ayes Councl1members Genser. Holbrook. Ebner, O'Connor. Abdo. Mayor Pro Tern Greenberg, Mayor Rosenstem None None Noes Absent WIth regard to the one case of antIcIpated lItIgatIOn, motIOn by Counctlmember Ebner. seconded by CouncIlmember Holbrook, to award settlement to Harry Shearer WhICh would allow Mr Shearer to keep hIS satellIte dIsh as long as he waIves claIm to any attorney fees or other compensatIOn from the CIty The motIon was approved by the followmg vote Ayes CouncIlrnembers Holbrook. Ebner, Mayor Pro Tern Greenberg, Mayor RosensteIn Counctlmembers Genser. O'Connor, Abdo None Noes Absent 13 February 13. 1996 I I I I I I ---~ 120 CouncIlmembers Abdo and Genser wished the record to reflect that they voted agamst thiS . ~ motlOn because they beheve the CounCil IS neglecnng Its oblIgatlon to the neighbors and aUowmg an mappropnate condlllon to exist 14-G: COMPENSATION ADJUSTMENTS/CITY MANAGER/CITY ATTORNEY Presented was the request of Mayor RosensteIn to approve compensatlon adjustments for the Cny Manager and City Attorney In order to prOVide standard cost of hvmg Increases as provided to other employees, effective July 1, 1995 MotlOn by Mayor RosensteIn. seconded by CouncIlmember Holbrook that the employment agreements for the City Manager and the City Attorney be amended With Contract Nos 7189 (CCS) and 7190 (CC5). respectIvely, to prOVide the standard cost of lIVIng mcrease proVided to other CIty employees, effectlve July 1, 1995, and effectIve July 1 each year thereafter The motlOD was approved by the followmg vote Ayes Counctlmembers Genser, Holbrook, Ebner, O'Connor, Abdo, Mayor Pro Tern Greenberg, Mayor Rosenstem None None Noes Absent ADJOURNl\oIENT At 12 10 am, the meetlng was adjourned to February 20. 1996, at 6 30 pm ATTEST z;~ l>>~~ ~J Mana M Stewan CIty Clerk Paul Rosenstem Mayor 14 February 13, 1996