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M-7/8/1997 I I I 181 CITY OF SANT A l\fO~ICA CITY COUNCIL MINUTES JL'L Y 8, 1997 A regular adjourned meetmg of the Santa Momca Cn)' CouncIl was called to order by Mayor O'Connor at 640 pm, on Tuesday, July 8. 1997. III the CouncIl Chambers Roll Call Present Mayor Pamela O'Connor Mayor Pro Tern Robert T Holbrook (arnwd at 6 50 pill) Councllmember Ruth Ebner Councllmember MIchael F emstem CouncIlmember Ken Genser Councllmember Asha Greenberg Councllmember Paul RosensteIn Also Present CIty Manager John Jahh CIty Attorney Marsha Jones Moutne CIty Clerk Marla ~1 Stewart Councllmember Greenberg led the assemblage In the Pledge of Allegiance to the Flag of the Umted States of Amenca. MotIon bv Councllmember Rosenstem. seconded bv Councllmember Genser. to conduct a - - Closed SeSSIOn subsequent to Item No 8-B to dISCUSS the ~fobIl OIl lItIgatIOn and one case of antICIpated lItIgatIOn The motlon was unammously approved by VOIce vote, Mayor Pro Tern Holbrook absent 6. CONSENT CALENDAR The Consent Calendar ""as presented. ",,-hereby all Items are conSidered and approved III one motIon unless removed from the calendar for dISCUSSIOn CouncIlmember Rosenstem adVIsed that he has a conflIct of Interest on a portlOn ofItem No 6-G as he hYes and owns property m the area ofPnnceton Street CouncIlmember Greenberg declared a conflIct of mtere.st on a part of Item No 6-G as she hves on 15th Street 1 July 8. 1997 182 MotIon by CounCllmember Genser. seconded by CouncIlmember F einstem. to separate Item No I 6-G from the hearmg on the Consent Calendar so that If any members of the publIc WIsh to speak on anythIng except Item No 6-G they can do so at thIS tIme The motIon ,"vas unammously approved by VOIce vote. Mayor Pro Tern Holbrook absent Members of the publIc Joey Fullmer and Bnan Hutchmgs dIscussed !terns on the Consent Calendar At the request of CouncIl member Ebner. Item Nos 6-C and 6-F were removed from the Consent Calendar :\hyor Pro Tern Holbrook arnved at 6 50 p m MotIon by Councllmember Femstem. seconded by Councllmember Rosenstem. to approve the Consent Calendar_ \VIth the exceptIOn ofItem 1\os 6-C and 6-F. readmg resolutIOns and ordmances by tItle only and \Valvmg further readmg thereof The motIon \vas approved by the follmvmg vote Ayes CouncIlmembers Ebner. Rosenstem. Greenberg. Genser, FemsteIn. Mayor Pro Tern Holbrook. Mayor O'Connor None ::\ one I Noes Absent 6-A: MI1\'"UTES APPROVAL The CIty CouncIl mInutes of the meetmgs of June 10. and June 1 7. 1997, were approved as submItted 6-B: CONTINUIl\"G EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994 EARTHOl7AKE DA__'fAGE) Resolutlon No 9159(CC5) entItled "A RESOLUTJO~ OF THE CITY COUNCIL OF THE CITY OF SA.NTA ~10~ICA DECLARIKG THE EXISTENCE OF A CONTIKUIKG LOCAL EMERGE)JCY." was adopted 6-D: EARTHOUAKE RECOVERY REDEVELOPl\'lENT PROJECT AREA TAX INCREl\fE~T REVE]'\'"UES ResolutIon No 9160(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA :V10NICA ELECTING TO RECEIVE A PA YMENT PURS-cANT TO CALIFOR.'l"IA GOVERNfvIENT CODE SECTION 33607 5 OF THE COMMlJ?'ITY REDEVELOPMENT LA \V WITH RESPECT TO THE SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT AREA:' was adopted 2 July 8. 1997 I I I I 183 6-E: STATE GR<\NT ASSISTANCE TO LOCAL LA \V ENFORCE~fENT AGENCIES PROJECT/ALCOHOL SALES/ALCOHOL-RELATED CRIME ResolutIOn No 9161(CCS) entItled "A RESOLUTIOK OF THE CITY COL~CIL OF THE CITY OF SANTA MO~ICA TO ACCEPT FUNDS THROUGH THE STATE GRc.\NT ASSISTANCE TO LOCAL LA \V ENFORCEMENT AGE:-.JCIES PROJECT ADMIKISTERED BY THE DEPARTylENT OF ALCOHOLIC BEVERc-\GE CO~TROL AND AUTHORIZING THE CITY MAI\'AGER TO EXECUTE THE CONTRACT WITH THE STATE:' was adopted and Contract ~o 6709(CC5) WIth the State of CalIforma was approved 6-H: CO~TR.;\CT /DESIGX DRA \VINGS/COl\;STRUCTION DOCliMENTSIPUBLIC SAFETY FACILITY ContractNo 6711(CC5) ,vas approved ,vith D\vorsky Associates, In an amount not to exceed $3,240.000 to prepare deSIgn dra\Cnngs and constructIOn documents for the PublIc Safety FaCIlIty- 6-1: OIL RECYCLINGIHOUSEHOLD HAZARDO{;S \VASTE/GRANT DOCUi\-1E~T A TION ResolutIOn Ko 9162(CC5) entItled "A RESOL UnOK OF THE CITY COL"'NCIL OF THE CITY OF SANTA ~10~ICA AUTHORIZING THE CITY ).lA~AGER TO S"CBMIT A~D EXECCTE USED OIL RECYCLIKG AND HOCSEHOLD HAZARDOUS WASTE GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE IvlANAGE!"IE~T BOARD:' was adopted 6-J: CONTRIBUTION/SlJMMER SEl\Ul\;ARII~J}EPENDENT CITIES ASSOCIATIOl\; A contnbutIOn m the amount of~5.000 \vas approved III support ofthe Summer SemInar sponsored by the Independent CItIes AssocIatlon (ICA) END OF COKSE")J"T CALEKDAR 6-C: STATE)1IE~T OF OFFICIAL ACTION/APPEAL/FINAL .MITIGATED l\;EGATIVE DECLAR.\ TIO~ITEXT AlVtENDMENT 97-001fV ARlANCE 95-015/CUP 97-002/ DEVELOP.ME~T REVIE\V 95-002/SENIOR HOUSIXGlPrBLIC PARKING STRUCTL"RE/1136-1144 FOL~TH STREET CouncIlmember Ebner adVised that she removed thIS Item from the Consent Calendar because she IS gomg to abstam from votmg ~,lotlon by CouncIlmember Femstem, seconded by CouncIlmember Genser, to approve the Statement of OffiCIal ActlOn for Appeal of the Approval of Fmal :Yhl1gated :\'egatrve DeclaratIon (IS 96-004). Text Amendment 97-001. Vanance 95-015. COndItIOnal Use PermIt 97-002. and Development Renew 95-002 to permIt constructIon of a 66-unlt semor hOUSIng project and a public parkmg structure located at 1136-1144 F ounh Street The motIon was approved by the followmg vote " .J July 8. 1997 184 Ayes Abstam ~oes Absent CouncIlmembers RosensteIn, Genser, Femstem, Mayor O'Connor Councllmembers Ebner, Greenberg. \1ayor Pro Tern Holbrook None None I 6-F: CONTRACT/A~AL YSESll\fODIFICATIONSIINCLUSIONARY HOUSING ORDINANCE Councllmember Ebner advIsed that she removed thIS Item from the Consent Calendar m order to ask quesHons relatmg to the contract amount and scope of work Staff responded to CouncIlmember Ebner' s questIOns MotIon by CouncIlmember FeInstem. seconded by CounC1lmember Genser, to approve Contract No 671OfCCS) '"Ylth HamIlton. RabmovItz. and Alschuler, m an amount not to exceed $98.740. for the preparatIOn of analyses related to modIficatIOns of the CIty'S Inc1usIOnary Housmg Ordmance The mOHon was approved by the followmg vote Ayes CouncIlmembers Ebner. Rosenstem. Greenberg. Genser. Femstem, Mayor Pro Tern Holbrook. yIayor O'Connor None ?-oJ one ~oes Absent 6-G: PREFERENTIAL PARKING ZO~ES Presented was the staffreport recommendmg dIrectIon to the CIty Attorney to prepare ordmances to establish SIX new preferentIal parkIng zones at varIOUS locatIOns III the CIty and to dIrect staff to conduct an envIronmental evaluatIOn of the proposed zones It was the consensus of CounCIl that members of the publIc would be heard on this matter and then the actIOn ",auld be spllt to aIlo\v CouncIlmembers havmg a conflIct of mterest ,"VIth a portIOn ofthe recommendatIOn to vote on the remammg portIon I ylembers of the publIc Deanna Choumard. Carol Salva, Gertrude Shmbane. Marlene Bronson. Frank MItchelL and Vera KalIl spoke m support of the preferentIal parkmg zone for 14th Street ylember of the publIc Beverly Padway spoke III support of the preferentIal parlang zone for Centmela Members of the publIc Nooshm Sharafi, Ronald Cohen, and Kathy MItchell spoke III support of the preferentIal parking zone on 22nd Street l\1embers of the publIc Serene Meshel-D1l1man. Jenny Rush, PhIl Dunn, WIlham Gurfield. Joan Gurtleld. Tony Stenger. and Mary Jo Stenger spoke m support of resIdentlal permIt parkmg only tor 15th Street \.1embers of the pubhc DaVId MOlr, Jamna Krupa. SylVIa Shmad. DaVId Shmad, Susan Henderson, Cathenne Leatherbarrmv. and Steve RamIrez spoke In support of the preferentIal parkmg zone for Pnnceton Street 4 July 8. 1997 I I I I 185 Members of the publIc Vanessa Serrano, Shule)' ReId. Rosa GutIerrez. Carolann Belmont. RIchard Belmont. Sandra Rmmrez, Damelle SmIth, Alex Kopelevlch. and LOUIS Warren spoke m support of the preferentIal parkmg zone for 18th Street J\'Ionon by Councllmember Femstem. seconded by CouncIlmember Rosenstem. to hear late speakers The motIon ,vas approved by VOIce vote \vIth Mayor Pro Tern Holbrook opposed :\-lembers of the publIc DIane Golomb and PatnCIa Stephens spoke m support of the preferential parkIng zone for 18th Street ~lember of the pubhc Amam Abu-Zamzam spoke m support of the preferennal parkmg zone for 22nd Street I\Jotlon by CouncIlmember Genser. seconded by Councllmemher Femstem. to approve the staff recommendatlOn pertammg to all zones except Pnnceton and. m additIOn, direct staff to prepare enough analysIs to conSIder the optIOns for havmg a -'no parkmg at any time"' on 15th Street except by permn or mcludmg the option ofhavmg "no parkmg except by permIt'" on only certam days of the \veek. and that there be conSIderatIOn of longer hours on 22nd Street. mcludmg untIl 900 P m The motIOn ,vas approved by the followmg vote Ayes CounCllmembers Ebner. Rosenstein, Greenberg. Genser, Feinstein. Mayor Pro Tern Holbrook. Mayor O'Connor 1\ one ~one :\'oes Absent It was the consensus of CounCIL based on tIllS dISCUSSIOn, that staff IS to return WIth a report on the process of SituatIOns \:rhere a handIcapped mdIVIdual. who IS a tenant. requests a handIcapped parkmg space and the landlord's SIgnature IS reqmred but the landlord refuses to SIgn Councllmember Rosenstem was excused at 805 pm Monon by Councllmember Genser. seconded by Councllmember Femstem, to request that staff proceed. 'WIth the Intent to focus on Pnnceton Street, and not gomg to the pOlllt where a longer ennronmental process IS needed, and also request that staff mclude m the analYSIS, even If Just for Pnnceton Street, gomg untIl mIdmght mstead of Just 7 00 P ill The motion \vas approved by the fa llowmg yote Ayes Councllmembers Ebner. Greenberg. Genser, Femstem. Mayor Pro Tern Holbrook. Mayor O. Connor ~one Councllmember Rosenstem Koes Absent 5 July 8. 1997 186 MotIon by Councllmember Femstem. seconded by Councllmember Genser. to hear a speaker out I of order for publIc mput The motIon "..'as unanImously approved by VOIce vote WIth Councll- member Rosenstem absent CouncIlmember Rosenstem returned to the dIas 15: PlJBLIC INPUT Member of the publIc Pro Se requested that Housmg CommIssIOn meetmgs be televIsed The meellng returned to the regular order of the agenda )vlotIOn by Councllmember Greenberg, seconded bv Councllmember FeInstem, to hear Closed SeSSIOn Item No 16-C out of order and conduct such Closed SeSSIOn dunng the follo"vmg break The motion was unammously approved by VOIce vote On order of the "Ylayor. the CIty CouncIl recessed at 8 53 p.m 16-C: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEl i EXistmg LmgatlOn CIty of Santa Momca V MobIl all, Case No SC778141 ACTIO).J Heard )\0 actIOn taken I 16~H: CLOSED SESSION/CONFERE~CE \VITH LEGAL COUNSEL Antlclpated LItigatIOn One Case ACTION Heard No actIOn taken On order of the Mayor. the en)' CouncIl reconvened at 9 31 pm, \Vlth all members present 8-A: ORDINANCEIDEFINITIONIINCIDEl\"T AL ARTS AND ENTERT AINl\1ENT USES Presented was an ordmance for IntroductIOn and first readmg amendmg ArtIcle IX (the Zomng Ordmance) to add a defimtIOn of "mcIdentaI arts and entertaInment uses" and establIshmg standards for such uses III the Mam Street Commercial DIstrIct On order ofthe Mayor. the pubhc hearmg was opened yfembers of the publIc Lynne Bronstem and Fred Starner spoke m support of the proposed ordmance "ylember of the pubbc Joey Fullmer expressed her concerns 6 July 8. 1997 I I I I 187 .\{embers of the publIc Rexford Sherman. John Gabree, Andrew Lederer, Harry RedlIch. LeslIe Paunessa, Charles RItter. and Robb Fulcher spoke III support of the proposed ordmance. hoyvever, expressed concern \vIth proposed fees There bemg no further speakers, the :\tlayor closed the publIc hearIng Motlon by CouncIlmember Ebner, seconded by CouncIlmember Genser, to mtroduce the ordmance IvlotlOn by CouncIlmember Genser. seconded by CouncIlmember Femstem. to amend the motIon to add a clause III each sectIOn stIpulatmg that there be no cover charge SubstItute motIOn bv CouncIlmember Genser. seconded bv CounCllmember Femstem. to ask staff - - to return WIth an mtenm ordmance. If necessary. to legalIze the temporary uses for an mtenm penod, staff to develop an appropnate permIt to run WIth the establIshment for eIther a set penod of tlme or to run WIth the busmess. and not run WIth the land. reVIeyV a ne\.v category for fee structure for thIS penod and evaluate the appropnateness of It bemg cIty\vlde The motlon was approved by the followmg vote Ayes CouncIlmembers Femstem. Genser. Rosenstem. .\1ayor Pro Tern Holbrook, "Yfayor 0' Connor CouncIlmembers Greenberg, Ebner ).Jane None Abstam Noes Absent 8-B: ORDIl'lANCE/CURFE\VS Presented for first readmg was an ordmance amendmg Santa MOnIca MUnICIpal Code SeCtlon 4 08 370 relatmg to curfe\vs MotIon by CouncIlmember Genser, seconded by CouncIlmember FeInsteIn. to contmue the meetmg past 11 00 p m The motIon \vas unanImously approved by VOIce yote On order of the Mayor. the publIc hearmg was opened "ylember of the publIc Joey Fullmer expressed her concerns There bemg no further speakers. the .\tlayor closed the pubhc hearmg ).'lotlon by CounCllmember Greenberg, seconded by CouncIlmember Genser. to mtroduce the ordmance for first readmg amendmg It to stnke ExceptIOn ~o 6," on the SIdewalk abuttmg the mmor's reSIdence:' and addmg an exceptIOn for mmors dIrectly proceedmg to or dIrectly returnmg from a publIc meetIng or a place of pub he entertamment. e g . mane. play. sportmg e\ ent. dance. or school aCtlvIty 7 July 8. 1997 188 On order of the Mayor. thIS Item was temporarlly tabled untIl after consIderatlOn ofItem No 9- I A. m order for the CIty Attorney to prepare appropnate language 9-A: FINA~CIAL Il\'IPACTS/SETTLEMENT AGREEME~T/l\'ITBF. CONTAi"II~ATION Presented was the staff report recommendmg dIscussIOn ofthe financial lmpacts of the approved settlement agreement concermng MTBE contammatlOn of the CIty'S water supply and recommendmg consIderatIOn of rebates and/or reductlon of\vater rate surcharge. and adoptIOn of an appropnatIOn resolutIOn On order of the Mayor, the publIc hearmg \vas opened IvIembers of the publIc Joey Fullmer and Bnan Hutchmgs expressed theIr concerns There bemg no further speakers. the Mayor closed the publIc hearmg :\lotIOn by CouncIlmember FeInstem. seconded by CouncIlmember Genser. to approve staff recommendatIOn to reduce the ongomg MTBE surcharge by 50% and rebate 50% of past surcharge payments receIved to date, approve budget actIons. and adopt ResolutIOn No 9163(CCS) entItled "A RESOLuTION OF THE CITY COLNCIL OF THE CITY OF SANTA ~'fOI\lCA REDUCING THE EXISTING WATER Rl-\ TE SURCHARGE:' readmg by tItle only and WaIvmg further readmg thereof The motIOn was approved by the follO\vmg vote Ayes CouncIlmembers F emstem. Genser. Greenberg. Rosenstem. Ebner. :Ylayor Pro Tern Holbrook, Mayor O' Connor None None I ~oes Absent 8-8: ORDINANCEfCURFE\VS (Resumed) The motIOn was clanfied to mtroduce for tirst readmg an ordmance entltled 'AN ORDIN/u'\CE OF THE CITY COU~CIL OF THE CITY OF SANTA MONICA A:YIE),fD:P-{G SA:--JTA MONICA ~vIUNICIPAL CODE SECTION 4 08370 RELATING TO CURFEWS:' amended as follows Page 2. SectIOn (3) amended to read -. "EstablIshment'" means any pnvately-owned place of bus mess operated for a profit to wlnch the publIc IS mvlted except a place of publIc entertamment. such as a mOVIe. play. sportmg event. dance. or school aCtIVIty;' strike exceptlOn 6. add m presently.exIstmg exceptlDn for mmors ,,,-ho are dIrectly proceedmg to or duectly returmng home from a pubhe meetmg or a place of pub he entertamment. such as a mOVIe. play_ sportmg event. dance. or school actIVIty The motlDn was approved by the followmg vote 8 July 8. 1997 I I I I 189 Ayes Councdmembers Ebner. Rosenstem. Greenberg. Genser. FeInsteIn. Mayor Pro Tern Holbrook. Mayor O'Connor Kone Kone ~oes Absent 13-A: JAl\lES TYLER/GRIGSBY AUTOMOTIVE SITE/104 BROAO\VAY. Presented \vas the request of James Tyler. Arclutect FAIA. to address the eny CouncIl regardmg the Gngsby AutomotIve Sne at 401 Broadway In the Cny of Santa MOnIca Councllmember Ebner excused herself from the meetmg at 12 05 a m MotIon by CouncIlmember Genser. seconded by CouncIlmember Femstem, to duect staff to ImtIate a text amendment applymg to those non-conformmg automobIle busInesses m the Bayslde DIstnct whIch eXIsted as of a past date certaIn. \Vlth the understandmg that they can make physIcal Improyements, but they must be m conformance \nth the downtown urban desIgn standards The ffiotlDn ,vas unammously approyed wnh CouncIlmember Ebner absent 14-A: APPOIXTMENTS/BOARDS AND CO)tIMISSIONS AppOIntments to the followmg boards and comffilSSIOns for terms expmng June 30, 1997. \"-'ere contmued to the meetIng of August 12. 1997 AcceSSIbIlIty Appeals Board (2) Auport CommIsslDn (1) Archnectural ReVIew Board (2) Arts CommISSIon (2) BaysIde DIstnct CorporatlDn (3) BUIldIng & Safety (1) CommIsslDn on Older Amencans (2) CommIsslDn on the Status of Women (3) ConventlDn and VIsItors Bureau (2) Housmg CommISSIon (4) Landmarks CommIsslDn (2) LIbrary Board (1) :\letropolItan Cooperatlye LIbrary System Adnsory Board (1) Personnel Board (2) Plannmg CommISSIOn (1 ) RecreatIOn & Parks CommISSIOn (1) Socml ServIces CommISSIon (2) 14-B: SUPPORT/SE~ATE BILL 500/BA~/SATURDAY NIGHT SPECIALS Presented 'vas the request of CouncIl member Genser that the CIty CouncIl support Senate Bill 500 (Polanco) whIch. If enacted. would proVIde for a stateWIde ban on "Saturday NIght SpeCials . 9 July 8. 1997 190 MotIon by CounCllmember Genser. seconded by CouncIlmember Femstem, to take a posItIOn of I support of Senate BIll 500 (Polanco) and ask staff to draft a letter for the Mayor's sIgnature to be sent to the appropnate mdIvIduals f\..fember of the publIc Bnan Hutchmgs expressed lns concerns The motion was unanImously approved by VOIce vote. Councl1member Ebner absent IS: PUBLIC I~'PUT Member of the publIc John Jurenka dIscussed water and CIty cleanhness problems Member of the publIc Bnan Hutclnngs dIscussed watershed Issues 16: CLOSED SESSION At 12 16 a.ill. CouncIl recessed to Closed SeSSIOn 16-A: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL EXlstmg lltlgatlOn Rmg Tradmg Corp v CIty of Santa MOllIca. Case No BC172044 ACTIO~ Not heard 16-B: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL EXIstmg LItIgatIOn Marc MIske)' v CIty of Santa :VlonIca. Case No CV 97-4325 I ACTIO)J Heard No reportable actIOn taken 16-D: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL EXIstmg LItIgatIOn '\1mam ZhItO v CIty of Santa MOUlca. Case No 5C045124 ACTION Kot heard 16-E: CLOSED SESSION/CONFERENCE \VITH LEGAL COUl\'SEL EXIstmg LmgatlOn Cmdy Luffv CIty of Santa MOllIca. Case:\o SC041742 ACTIO~ Not heard 10 July 8. 1997 I I I ...... I 191 16-F: CLOSED SESSIOX/CONFERENCE \VITH LEGAL COUl\"SEL EXIstmg LItrgatIon CItv of Santa MOnIca v Walther. SC043522 ACTION. Heard. No reportable actIOn taken 16-G: CLOSED SESSION/CO~FEREXCE \VITH LABOR ~EGOTIATOR CIty NegotIator Bargammg Umts Karen Bancroft, Personnel DIrector Admmlstratrve Team ASSOCIates (ATA) ExecutIve Pay Plan (EPP) Legal Support Staff AssocIatIon of Santa MOnIca (LSSASI\.-1) ~lanagement Team AssocIates (MTA) I\1urnCIpal Employees ASSOClatIOn (MEA) Public Attorneys Union (PAU) Santa :Vlomca FIrefighters Local 1109 (S)'lFFA) Santa MOnIca Pollee Officers ASSOCIatIon (SMPOA) SuperVIsors Team ASSOCIates (STA) Umted TransportatIOn Cmon (UTU) ACTIO:\ Heard ~ 0 reportable actIOn taken 16-H: CLOSED SESSION/CONFERENCE \VITH LEGAL COL'~SEL AntICIpated LitIgatIOn One Case ACTION Heard No reportable actIOn taken ADJOVRN:\IENT At 1 30 am, the meetmg was adjourned to July 22. 1997, at 6 30 p m ATTEST ~~ APPROVED. l (- ~_ieM;V\~' ~ ::VIana Iv! S te" art City Clerk Pamela O' Connor 11 July 8, 1997