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M-2/10/1998 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 10, 1998 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern O'Connor at 6:20 p.m., on Tuesday, February 10, 1998, in the Council Chambers. Roll Call: Present: Mayor Pro Tern Pam O'Connor Councilmember Ruth Ebner Councilmember Michael Feinstein Councilmember Ken Genser Councilmember Asha Greenberg Councilmember Paul Rosenstein Absent: Mayor Robert T. Holbrook Also Present: City Manager John Jalili City Attorney Marsha Jones Moutrie City Clerk Maria M. Stewart CLOSED SESSIONS CLOSED SESSIONS: At 6:20 p.m., Council adjourned to Closed Session to consider the following: 16-A: Conference with Legal Counsel: Julie Dad v. City of Santa Monica, Case No. BC 181514. ACTION: Heard. No reportable action taken. 16-B: Conference with Legal Counsel: City of Santa Monica v. Mobil Oil, Case No. SC 778141. ACTION: Heard. No reportable action taken. 16-C: Conference with Legal Counsel: Ring Trading Corporation v. City of Santa Monica, Case No. BC 172044. ACTION: Heard. No reportable action taken. 1 February 10, 1998 RECONVENE PLEDGE SPECIAL AGENDA ITEMS: SEASON FOR NONVIOLENCE EMERGENCY ITEM 16-D: Conference with Legal Counsel: Bret Carr v. Santa Monica Poli,.", Department, the City of Santa Monica, et aI., Case No. CV 97-8765 I (Ex). ACTION: Heard. No reportable action taken. 16-E: Conference with Legal Counsel: Santa Monica Housins Council v. City of Santa Monica, Case No. BC 184061. ACTION: Heard. No reportable action taken. 16-F: Conference with Legal Counsel- Anticipated Litigation: Number of cases: Two ACTION: Heard. No reportable action taken. Council reconvened at 7:05 p.m., with all Councilmembers present, except Mayor Holbrook. Councilmember Greenberg led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. MESSAGE TO THE UNITED NA nONS IN SUPPORT OF SlY. OF NONVIOLENCE: Jerry Rubin, representing Alliance for Survivai, made a presentation to the City Council of an eight-foot tall "Love, Peace and Nonviolence Valentine's Day Card" to be delivered to the United Nations. Members of the public Wiley Drake, Jennafer Waggoner, and Brian Hutchings spoke in support of Season of Nonviolence. Member of the public Joey Fullmer expressed her concerns. Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to add an emergency item to the agenda regarding an article in the L.A. Times relating to possible contamination ofMWD water, noting that the matter arose after the posting the agenda. The motion failed by the following vote: Ayes: Councilmembers Rosenstein, Feinstein, Mayor Pro Tern O'Connor Councilmembers Ebner, Greenberg, Genser Mayor Holbrook Noes: Absent: 2 February 10, 1998 CONTINUED ITEMS: PIER RESTORA nON CORPORATION TERM LIMITS PIER RESTORA nON CORPORA nON APPOINTMENTS AIRPORT COMMISSION APPOINTMENTS CHANGE ORDER OF AGENDA RENOVATIONS OF VARIOUS PARKS AND PLAYGROUNDS PIER RESTORATION CORPORATION TERM LIMITS: Motion b Councilmember Rosenstein. seconded by Councilmember Greenber-i, to hold appointments to the Pier Restoration Corporation until the service agreement with the City is renegotiated, and authorize the present memb( to remain in their present positions until the entire relationship can be reviewed. Substitute motion by Councilmember GenseL seconded by Mayor Pro Te O'Connor, to continue this matter to the meeting of February 17, 1998, when all seven Councilmembers are present. Councilmember Greenbera withdrew her second from the main motion. The motion on the floor was approved by the following vote: Ayes: Councilmembers Greenberg, Genser, Feinstein, Mayor Pro Tern O'Connor Councilmembers Ebner, Rosenstein Mayor Holbrook Noes: Absent: PIER RESTORATION CORPORATION APPOINTMENTS: Motion by Councilmember Feinstein. seconded by Councilmember Genser, to continue the appointments to the Pier Restoration Corporation to the meeting of February 17, 1998. The motion was unanimously approved by voice vote, Councilmember Ebner abstaining, Mayor Holbrook absent. AIRPORT COMMISSION APPOINTMENTS: Motion by Councilmember Genser, seconded by Councilmember Feinstein, to continue the appointments to the Airport Commission to the meeting of February 17, 1998. The motion was unanimously approved by voice vote. Motion by Councilmember Genser, seconded by Councilmember Feinstein, to hear youth wishing to address the item relating to the concept design for the renovation of Douglas Park and the playgrounds in Clover, Joslyn, Marine, and Ozone Parks, and then resume the regular order of the agenda. The motion was unanimously approved by voice vote. CONCEPT DESIGN FOR RENOVATION OF DOUGLAS PARK AND THE PLAYGROUNDS IN CLOVER, JOSLYN, MARINE, AND OZONE PARKS: The Playground Committee from SMASH, Spencer Culbert, Sara Paxton, Morgan Yee, Benjamin Goldstone, Roly Schweitzer, Rosie, and Zoe Schweitzer reported on accomplishments, surveys, donations, fundraising, and Santa Monica-Malibu School District connections relating to playgrounds. 3 February 10, 1998 CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considere~ ""'d approved in one motion unless removed from the calendar for discus~ EARTHQUAKE RECOVERY RESOLUTION ASSAULT WEAPONS ORDINANCE EMERGENCY ROOM TREATMENT FOR PRISONERS CfULLERSRESTA~ Members of the public Wiley Drake, Joey Fullmer, and Brian Hutchings addressed items on the Consent Calendar. At the request of Councilmember Genser, item 6-J was removed from the Consent Calendar. Motion by Councilmember Greenber,i. seconded by Councilmember Feinstein, to approve the remainder of the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tern O'Connor None Mayor Holbrook Noes: Absent: 6-A: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9237(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANT j1 MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted. 6-B: REPEAL OF ASSAULT WEAPONS ORDINANCE: Ordinance No. 1898(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING CHAPTER 3.28 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO ASSAULT WEAPONS,". was adopted. 6-C: EMERGENCY ROOM TREATMENT FOR PRISONERS: The continued use of UCLA-Santa Monica Hospital and Janzen, Johnston and Rockwell, Incorporated, was approved for emergency room treatment of pnsoners. 6-D: STATEMENT OF OFFICIAL ACTION FOR CHll..LERS RESTAURANT: The Certification of Statement of Official Action for Planning Commission approval of the conditional use permit regarding the operation of Chillers Restaurant, at 1446 Third Street Promenade, was approved. 4 February 10, 1998 lOll lITH STREET RETENTION OF 310 AREA CODE BA YSA VER RETROFIT PROGRAM PEDICAB PROGRAM COUNCIL CHAMBER RENOVATION PROJECT PURCHASE OF ONE FOUR-WHEEL DRIVE VElllCLE PURCHASE OF COMPUTER EQUIPMENT 6-E: RESOLUTION APPROVING FINAL PARCEL MAP FOR 10 11TH STREET: Resolution ~o. 9238(CCS) entitled: "A RESOLUTIOfl OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDMSION MAP FOF PARCEL NO. 24346 TO SUBDIVIDE A PROPERTY AT 1011 ELEVENTH STREET," was adopted. 6-F: RETENTION OF THE 310 AREA CODE FOR WESTSIDE CITIES: The recommendation to join the Westside Cities in urging the California Public Utilities Commission to retain the 310 area code and advocate for separate area codes for mobile telecommunications equipme and related technologies was approved. 6-G: CONTRACT FOR BA YSA VER RETROFIT PROGRAM: The Baysaver Retrofit Program was extended and Contract No. 6913(CCS) w approved with Honeywell DMC, for an amount not to exceed $90,000, f( services related to the Baysaver Program. 6-H: FEE RESOLUTION TO ADMINISTER PEDICAB PROGRAl Resolution No. 9239(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FEES FOR PEDICAB REGISTRATION, PEDICAB DRIVER FINGERPRINTING, AND PEDICAB DRIVER PERMIT," was adopted. 6-1: COUNCIL CHAMBER RENOVATION PROJECT: A modification was approved to Contract No. 6647(CCS) thereby expandin the scope of professional services with Gruen Associates for the design 01 the council chambers renovation project, and increasing the amount of thl contract from $52,000 to $128,000. 6-K: AWARD OF BID FOR THE PURCHASE OF ONE FOUR- WHEEL DRIVE VEHICLE: Bid No. 2671 was awarded to Paradise Chevrolet for $37,671, to furnish and deliver one new four-wheel drive vehicle for the Fire and Suppression Division of the Fire Department. 6-J: AWARD OF BID FOR THE PURCHASE OF COMPUTER EQUIPMENT: Councilmember Genser removed this item from the Consent Calendar in order to obtain additional information relating to policy. Staff answered questions from Councilmembers. Motion by Councilmember Gensel:, seconded by Councilmember F einstei to award Bid No. 2675 to Micro World for $141,846.83 to furnish and deliver miscellaneous computer equipment for various City departments, 5 February 10, 1998 ORDINANCES: RESTAURANT SEATING LIMITATION ON MAIN STREET and ask staff to return as soon as possible with information to conduct ,. discussion relating to an overall policy. Substitute motion by Councilmember Rosenstein, seconded by Councilmember Greenberi, to approve staff recommendation. The substitute motion was approved by the following vote: Ayes: Councilmembers Greenberg, Rosenstein, Ebner, Mayor Pro Tern O'Connor Councilmembers Feinstein, Genser Mayor Holbrook Noes: Absent: Motion by Councilmember Genser, seconded by Mayor Pro Tern O'Connor, to request that staff return with an analysis and discussion of policies involved in the structure of future computer purchases. The motion failed by the following vote: Ayes: Councilmembers Genser, Feinstein, Mayor Pro Tem O'Connor Noes: Councilmembers Ebner, Rosenstein, Greenberg Absent: Mayor Holbrook (END OF CONSENT CALENDAR) 8-A: REINSTATEMENT OF RESTAURANT SEATING LIMITATION ON MAIN STREET ORDINANCE: Presented for first reading and introduction was an ordinance of the City of Santa Monica amending Section 9.04.08.28.070 of the Municipal Code to establish a restaurant seating limitation of 101 seats in the CM District on the east side of Main Street, north of Ocean Park Boulevard. On order of the Mayor Pro Tern, the public hearing was opened. Members of the public Clarence-Jon Heisler, Rick Laudati, and Janet Gilbert spoke it opposition to the proposed ordinance. Members of the public Jeff Gilbert and Roger Genser spoke in support of the proposed ordinance only if it is tied to the CUP process and that the "by right" seating limit remain at 49. Member of the public Brian Hutchings expressed his concern. There being no more speakers, the Mayor Pro Tern closed the public hearing. Motion by Councilmember Genser, seconded by Councilmember Feinstein, to introduce the ordinance for first reading, substituting a cap of 75 seats instead of 101 seats. The motion was approved by the following vote: 6 February 10, 1998 REPEAL OF 1 % LOCAL BIDDING PREFERENCE Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tern O'Connor None Mayor Holbrook Noes: Absent: Motion by Councilmember Feinstein to ask staff to return with a report on the status of the proliferation of food uses on Main Street. Second by Councilrnember Genser with the amendment to add a report on the status 0 enforcement activities. The motion was unanimously approved by voice vote, Mayor Holbrook absent. 8-B: APPROVAL OF ALTERNATE LOCAL BUSINESS OUTREACH PROGRAM AND REPEAL OF 1 % LOCAL BIDDING PREFERENCE ORDINANCE: Presented for first reading and introduction was an ordinance of the City of Santa Monica amending Municipal Code Sections 2.24.090 and 2.24.100 and repealing Ordinance No. 1762(CCS) to delete the 1 % bidding preference for Santa Monica businesses submitting informal and formal bids, and the recommendation to approve the proposed Local Business Outreach Program. On order of the Mayor Pro Tern, the public hearing was opened. Members of the public Joey Fullmer and Brian Hutchings expressed their concerns. Member of the public John Medlin suggested that the bidding preference be increased to 5%. There being no other public speakers, the Mayor Pro Tern closed the public hearing. Motion by Councilmember Genser. seconded by Councilmember Feinstein, to approve the Local Business Outreach Program, with the proviso that all Santa Monica businesses be treated equally, without regard to any organization to which they belong. Motion by Councilmember Rosenstein, accepted as friendly, to amend the motion to support any inexpensive effort, which is not labor intensive, to encourage local businesses to participate in the bidding process. The motion, as amended, was approved by the following vote: Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser, Feinstein, Mayor Pro Tern O'Connor None Mayor Holbrook Noes: Absent: 7 February 10, 1998 AMENDMENT TO STREET VENDOR ORDINANCE Motion by Councilmember Greenbera. seconded by Councilmember p,... to introduce on first reading an ordinance of the City of Santa Monic; amending Municipal Code Sections 2.24.090 and 2.24.100 and repeahhe Ordinance No. 1762(CCS) to delete the 1 % bidding preference for Santa Monica businesses submitting informal and formal bids. Substitute motion by Councilmember Genser. seconded by Councilmembc Feinstein, to ask staff to return with an amendment to the Municipal Code to reinstitute the 1 % local bidding preference. The substitute motion faile, by the following vote: Ayes: Noes: Councilmembers Genser, Feinstein Councilmembers Ebner, Rosenstein, Greenberg, Mayor Pro Tern O'Connor Mayor Holbrook Absent The main motion was approved by the following vote: Ayes: Councilmembers Greenberg, Rosenstein, Ebner, Mayor Pro Tern O'Connor Councilmembers Feinstein, Genser Mayor Holbrook Noes: Absent: Councilmember Genser requested that the record reflect that he believ~ that the Council made a wrong decision in that it ultimately is going to cost taxpayers money. 8-C: AMENDMENT TO "STREET VENDOR" ORDINANCE: Presented for first reading and introduction was an ordinance of the City of Santa Monica amending Municipal Code Section 6.36.030 relating to street vending. On order of the Mayor Pro Tern, the public hearing was opened. Members of the public Jennafer Waggoner and Joey Fullmer expressed their concerns. Members of the public Jerry Rubin and Brian Hutchings spoke in support of the adoption of the heartland exemption. Member of the public David Busch spoke in support of the proposed ordinance, including books and tapes as exceptions. There being no other speakers, the Mayor Pro Tern closed the public hearing. 8 February 10, 1998 CONSIDERATION OF REMAINDER OF AGENDA RECESS Motion by Councilmember Genser" seconded by Mayor Pro Tern O'Connor, to introduce the ordinance for first reading, amended to delete the reference to books in Section 6.36.030(g). The motion was approved by the following vote: Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tern O'Connor None Mayor Holbrook Noes: Absent: CONSIDERATION OF REMAINDER OF AGENDA: Mayor Pro Tern O'Connor noted that due to the hour, the fact that Mayor Holbrook is absent, and it will be necessary for Councilmember Greenberg to be excused at 11 :00 p.m., consideration should be given to the remainder of the agenda. Motion by Mayor Pro Tern O'Connor. seconded by Councilmember Feinstein, to continue the Housing Commission Appointment to the meeting of February 17, 1998. The motion was unanimously approved by voice vote, Mayor Holbrook absent. On order of the Mayor Pro Tern, the City Council recessed at 10:05 p.m., and reconvened at 10:15 p.m., with all members present, except Mayor Holbrook. Motion by Mayor Pro Tern O'Connor, seconded by Councilmember Greenberg, to continue the following items to the meeting of February 17, 1998: 9- A: Concept Design for renovation of Douglas Park and the playgrounds in Clover, Joslyn, Marine, and Ozone Parks" 13-A: Request of Phillip Gearhart, owner of The Shack restaurant, to address Council regarding the use of adjacent private property as a parking lot for his business. and, to consolidate items 8-D, 8-E, and 8-F, related to preferential parking, receive public input on those three items continue the deliberations and action to the meeting of February 17, 1998. The motion was unanimously approved by voice vote, Mayor Holbrook absent. 9 February 10, 1998 PREFERENTIAL PARKING ZONES 1999 ROSE PARADE 8-D: PREFERENTIAL PARKING ZONE ON 14TH BETWEEN MONTANA A VENUE AND ALTA A VENUE: Presented for first reading and introduction was an ordinance of the City of Santa Monica adding Section 3.08.480 to the municipal code to establish Preferential Parking Zone J1. 8-E: PREFERENTIAL PARKING ZONE ON 15TH BETWEEN MONTANA A VENUE AND AL TA A VENUE: Presented for first reading and introduction was an ordinance of the City of Santa Monica amending Section 3.08.180 of the municipal code to modify the hours in Preferential Parking Zone G. 8-F: PREFERENTIAL PARKING ZONE ON CENTINELA A VENUE BETWEEN WILSHIRE BOULEVARD AND LIPTON A VENUE: Presented for first reading and introduction was an ordinance of the City of Santa Monica adding Section 3.08.500 to the municipal code to establish Preferential Parking Zone LL. On order of the Mayor Pro Tern, the public hearing was opened. Members of the public Berel Shinban, Carol Salva, Gerard Healy, Vera Kalil, and Susan Zachary spoke in support of penn it parking for 14th Street. Member of the public Brian Hutchings expressed his concern: Members of the public Tony Stenger, Ray Dillman, Mary Jo Stenger, Phil Dunn, James Taylor, Bill Gerfield, and George Yamauchi spoke in support of permit parking for 15th Street. Member of the public Mary Dell Gunsberg, spoke in support of penn it parking on Centinela. There being no other speakers, the Mayor Pro Tern closed the public hearing. Motion by Councilmember Genser, seconded by Councilmember Feinstein, to continue the above three preferential parking items as " Continued 5 items" to the meeting of February 17, 1998. The motion was unanimously approved by voice vote, Mayor Holbrook absent. 13-B: POSSmLE PARTICIPATION IN THE 1999 ROSE PARADE: The request of Connie Schurr, representing the Ninety-Nines, Inc., to address Council regarding the City's possible participation in the 1999 Rose Parade was continued to the meeting of February 17, 1998. 10 February 10, 1998 COlJNCILMEMBER DISCUSSION ITEMS RESIGNATION FROM HOUSING COMMISSION 14-A: RESIGNATION FROM THE HOUSING COMMISSION: Motion by Councilmember Fei.nsteinr seconded by Mayor Pro Tern O'Connor, to accept with regrets the resignation of Barbara Filet from the Housing Commission and approve authorization for the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, Mayor Holbrook absent. HOUSING COMMISSION 14-B: HOUSING COMMISSION APPOINTMENT: The appointmen APPOINTMENT to the Housing Commission to one unscheduled vacancy for a tenn endin; June 30, 1998, was continued to the meeting of February 17, 1998. POSTING HEALTH GRADES FOR RESTAURANTS INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES STUDY OF POTENTIAL AFFECTS OF GLOBAL WARMING Councilmember Greenberg excused herself at 10:48 p.m. 14-C: ENFORCEMENT OF POSTING HEALTH GRADES FOR RESTAURANTS IN THE CITY OF SANTA MONICA: Presented Wet the request of Councilmember Rosenstein to discuss directing staff to prepare an ordinance authorizing Los Angeles County Health Department to enforce the posting of health grades for restaurants in the City of Santa Monica. Motion by Councilmember Rosenstein, seconded by Councilmember Eh.ner, to direct staff to prepare an ordinance authorizing Los Angeles County Health Department to enforce the posting of health grades for restaurants in the City of Santa Monica. The motion was unanimously approved by voice vote, Councilmember Greenberg and Mayor Holbrook absent. Motion by Mayor Pro Tern O'Connor, seconded by Councilmember Genser, to combine items 14-D and 14-E for discussion. The motion was unanimously approved by voice vote, Councilmember Greenberg and Mayor Holbrook absent. 14-D: SCAG PARTICIPATION IN THE INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES IICITIES FOR CLIMATE PROTECTION CAMP AIGNII: Presented was the request of Councilmember Feinstein for the City Council to discus recommending that SCAG pass a resolution to participate in The International Council for Local Environmental Initiatives *Cities for Climate Protection Campaign*. 14-E: STUDY OF POTENTIAL AFFECTS OF GLOBAL WARMING: Presented was the request of Councilmember Feinstein for the City Council to discuss recommending that SCAG seek scientific, 11 February 10, 1998 academic and/or other institutions to study the potential affects of glob~ I warming on the Southern California region. Such a study should inc the coastal areas of Southern California. Member of the public Brian Hutchings expressed his concerns. Motion by M~or Pro Tern O'Connor, seconded by Councilmember Genser, to recommend that SCAG pass a resolution to participate in The International Council for Local Environmental Initiatives .Cities for Climate Protection Campaign* and recommend that SCAG seek scientific, academic and/or other institutions to study the potential affects of global warming on the Southern California region, including the coastal areas of Southern California. The motion was unanimously approved by voice vote, Councilmember Greenberg and Mayor Holbrook absent. PUBLIC INPUT 15. PUBLIC INPUT: Member of the public Judy Abdo discussed an article in the L. A. Times this morning relating to some possible adverse effects of tap water and the actions being taken by MWD to address this Issue. Member of the public Wiley Drake discussed homeless issues. Member 01 the public Jeffrey Gale discussed police violence against members of t}1o Food Not Bombs organization, and other homeless issues. Councilmember Ebner excused herself from the meeting at 10:58 p.m. Motion by Councilmember GenseL seconded by Councilmember Feinsteir to continue the meeting past 11:00 p.m. The motion was unanimously approved by voice vote, Councilmembers Ebner and Greenberg, and Mayc Holbrook absent. Member of the public David Busch discussed homeless issues. Member 0 the public Brian Hutchings discussed the situation with Iraq. ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11 :06 p.m., to Tuesday, February 17, 1998. ATTEST: APPROVED: Maria M. Stewart City Clerk Pamela O'Connor Mayor Pro Tern 12 February 10, 1998