M-7/1/1997
174
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JL"L Y 1, 1997
A regular adjourned meetmg ofthe Santa yIOlllCa CIty CouncIl was called to order by Mayor
O'Connor at 642 pm. on Tuesday. July L 1997, m the CouncIl Chambers
Roll Call
Present
Mayor Pamela O'Cormor
Mayor Pro Tern Robert T Holbrook
Councllmember Ruth Ebner
Councllmember MIchael F emstem
Councllmember Ken Genser
Councllmember Asha Greenberg
Councllmember Paul Rosenstem
Also Present
CIty "Manager John Ja1111
CIty Attorney Marsha Jones Moutne
City Clerk ~larta M Stewart
Councllmember Rosenstem led the assemblage m the Pledge of AllegIance to the Flag of the
L~ll1ted States of Amenca
9-A: DRAFT OPE:\" SPACE ELEl\fENTillRAFT PARKSA~D RECREATIO~ MASTER
PLA~/AlRPORT 1~"ON-A VIATIO~ LAXD L'SE FEASIBILITY STUDY Presented was the
staff report recommendlllg apprm-"al ill concept of the Dlaft Open Space Element, Draft Parks
and Recreatlon Master Plan. and AIrport Non-AVIatIOn Land Use FeaSIbIlIty Study, \\lth
addItional staff recommendations. and recommendmg directIon to CIty staff to proceed \vith the
reqmred envIronmental reVle\.v for the Open Space Element and Parks and RecreatIOn "Master
Plan
rvlotIOn by CouncIlmember F emstein, to hear all speakers The motIOn dIed for lack of a second
Mallon by Councdmember Femstem, seconded bv Mayor Pro Tern Holbrook. to hear speakers
\\'ho dId not speak at the last hearmg The motlOn was unammously approved by VOIce vote
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Members of the publIc Susan WhIte, Jim Lucas, Maureen Tucker. and Mark MIller spoke m
OpposItIOn to the use of Joslyn Park as a dog park
Member of the publIc Jean Gebman spoke m support ofaddmg ball fields m the commull1ty
Members ofthe publIc Marshall SIskm and Bryna Skuro requested as much conSIderatIOn for
addItIonal conunumty gardemng space as pOSSIble m all proJects, mcludmg the auport and other
areas
Member of the publ1c Joan Vaupen thanked CouncIl and staff for supportIng the Santa ~lonICa
CIty Cultural Arts Master Plan and the recommendatIon to mamtam the southslde deSIgners,
photographers, and other creatIve arts studIOS
Member of the publIc Bnan Ouzouman requested CouncIl to mcorporate the land III the
northwest comer of the Santa Momca AIrport mto Clover Park
MotlOn by Councllmember F eInstem. seconded by Councllmember Genser. to hear late speakers
The motIOn faIled on VOIce vote. Counctlmembers Ebner. Greenberg, Rosenstem. and Mayor Pro
T em Holbrook opposed
~'Iotion by Councllmember Feinstem, seconded by Councllmember Genser \\'11h the
understandmg that some amendments \\'111 be made. to approve m concept the Draft Open Space
Element. mcludmg the supplemental report recommendatlons and language
11otlOn by COlillcllmember Femstem, accepted as fnendly. to amend the mOTIon to explore the
feasIbIlIty of eIther an overpass or underpass at the mtersectlon of AIrpOrt Avenue and De,vey
WIth the purpose of havmg It be a VIable bIcycle and pedestnan COlUlectlOn The anlendment ,vas
accepted as fnendly prOVIded that the amendment be more general and stIpulate merely a
pedestnan comlectlOn rather than an overpass or underpass The motIOn was approved by VOIce
vote \-"'Ith Councllmember Greenberg opposed and Councllmember Rosenstem abstammg
MotIOn by Mayor O'Connor. accepted as fnendly. to amend the mOl1on to add language to the
establIshment of the system of pathways and lInear open spaces recogmzmg the need for
\-vheelchmr and stroller access
1-1otlon by "Ylayor O.Connor. accepted as fnendly. to mclude language recogmzmg that there are
many pnvate gardens throughout the CIty that are m front yards or on easements that are a gIft to
the commumty and contnbute to the greemng of the City. and to encourage reSidents to have
such gardens
The mam motIOn. as amended. was approved by the followmg vote
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July 1, 1997
176
Ayes
CouncIlmembers Fe1Ostem. Genser, Greenberg, Ebner.
Mayor Pro Tern Holbrook Mavor O'Connor
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Councllrnember Rosenstem
~one
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)Joes
Absent
Councllmember Rosenste1O requested that the record reflect that although he agrees "'vlth many of
the Ideas 10 the Open Space Element he did not vote for It ultimately because he felt that It \'\'~ould
not be easIly understood by average resIdents ofthe commumty and therefore .vould not give
them a clear Idea of the VISIOn for the CIty
MotIOn by Councllmember Fe1Ostem. seconded by Councllmember Genser. to approve 10
concept the Draft Parks and RecreatIOn Master Plan
~lotlon by Councllmember Greenberg:. seconded by Councllmember Ebner. to amend the motlon
to add language under the head10g "Off-leash Dog Areas." to relocate the dog park from Joslyn
Park to a permanent SIte to be deternuned based upon reports submitted by staffto CounCil The
amendment failed by the follow1Og vote
Ayes
:'\oes
Absent
CouncIlmernbers Ebner. Greenberg. Mayor Pro Tern Holbrook
Councllrnembers Rosenstein. Genser. Femstem. Mayor O'Connor
None
Mayor Pro Tern Holbrook requested that the record reflect that \",'hIle he beheves the Idea of a
dog park IS a good Idea, he feels that Its present locatIOn IS a poor chOlce
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:vlotIOn by Councllmernber Gensel. accepted as frIendly, to amend the motion to stIpulate that
the locatIOn of off-leash areas III the CIty wIll be detenmned by CounCIl based upon a plan ,,,,hICh
takes mto account need, neIghborhood compatIbIlIty. open space configuratIOn. and other
appropnate condItIOns, to stnke om language about PacIfic Park on the bottom of page 17, top of
page 20 of the plan, and strIke out any other SImIlar language
MotIon bv Councllmember Genser. accented as fnend1v. to amend the motIon to delete all
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language regardmg Pearl Street m the vIcImty of Santa ~lomca College and John Adams :vbddle
School and. If deemed appropnate by staff. 10clude substItute general language applY10g cltY,'vlde
for a concept to be consIdered CItYWIde where feaSIble and appropnate Rensed language to
read '"T 0 convert publIc areas. when feaSIble and appropnate, m the Crty to create promenades
after appropnate commumty process -,
On order of the :\tlayor. the CIty CounCIl recessed at 940 pm. and reconvened at 10 09 pill.
WIth all members present
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~lotlOn bv CouncIlmember Femstem. accepted as fnendly. to amend the language relatmg to the
goal expressed of "acqmnng five acres of addItIOnal land .. be changed ..to acqUIre a mmnnum
of five acres ofland ,.
The mam motIOn. as amended. "vas approved by the followmg vote
Ayes
CouncIlmembers Ebner. Rosenstem. Greenberg. Genser. Femstem,
Mayor Pro Tern Holbrook, ~1ayor O'Connor
None
None
Noes
Absent
MotIon by CouncIlmember F emstem. seconded by Councllmember Genser, to approve m
concept the AIrport Non-AVIatIOn Land Use FeasIbIlny Study, subject to amendments
rvfotIon by CouncIlmember Gensel. accepted as frIendly, to amend the motIon to proceed WIth
the Implementallon of Phase I WIth the goal of Implementmg Phase II. or Its eqUIvalent. m terms
of usable recreatIOn space.leavmg fleXIbIlIty ofho\'nhIs wll1 ultImately be accomphshed to
allow for further conSIderatIOn of the remammg concerns regardmg use of non-aVIatIon land at
the auport
~lotlon by CouncIlmember Greenberg. accepted as frIendly, to create some kmd of a buffer zone
between the spaces for people use and the spaces that are deSIgnated as dog park areas (not to
preclude AlternatIve 4 on page 5)
Councllmember Rosenstem mtroduced the consideratIOn of artist lnee/work: space wnhm the
proposed plan After conSiderable discussIOn. It \vas the consensus that the matter \vould be
lllcluded and analyzed as part of the enVlfonmentallmpact report process
~-1ayor Pro Tem mtroduced the matter of the posslbihty offindlllg an alternate sIte. m the event
of a change III the use of the area for the monthly AntIque FaIr bemg held at the aIrport Staff
adVised the concern \vould be addressed
The mam motIon, as amended, was approved by the followmg vote
Ayes:
Councllmembers Femstem. Genser, Greenberg. Rosenstelll, Ebner.
Mayor Pro Tern Holbrook. Mayor O'Connor
)Jane
None
Noes
Absent
MotIon by CouncIlmember Genser. seconded by Councllmember Femstelll, to contmue the
meetmg past II 00 p m The motIon was approved by VOIce vote. Councllmember Ebner
opposed
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MotIon bv CouncIlmember Genser. seconded by CouncIlmember Rosenstem, that Pohcy 1 5 of I
the Open Space Element be modIfied to apply to the CIty m general. consIstent ,vlth the language
mcluded 1ll the Master Plan The motIOn was unarumously approved by VOICe vote
:MotIOn by Councllmember Genser. seconded by Councllmember Rosenstem. to modIfY the
RecreatIOn and Parks Master Plan to mclude language that there shall be an evaluatIOn of the SIte
on the northwest corner ofthe aIrport for purposes of open space, takmg mto conSIderatIOn a
vanety of factors consIstent \Vlth the aIrport operatIOns and necessary pubhc process
Motion by CouncIlmember Ebner to amend the motion to mc1ude a stlpUlatIOn that the above
would be subject to the state and federal conStItutIOns DISCUSSIOn ensued after \vhlch
CouncIlmemher Ebner WIthdrew her motIOn
The above mam motlon \vas approved by VOIce vote \.\'1th CouncIlmember Ebner abstaImng
Monon by Councllmember Rosenstem. seconded by CouncIlmemher F emstem. to ask the CIty
Manager to return to CounCIl WIth a plan to develop a communIty process for consldenng a
ballot measure for parks 111 1998 The motlon was unanImously approved by VOIce vote
13-A: CAROLA~NE SUDDERTH~'IAI:"l STREET CO~nnJNITY GARDENSIFIRST
A'~rAL OPEN HOUSE/JU~E 29.1997 Presented \vas the request ofCarolanne Sudderth.
representmg Mam Street CommunIty Gardens, to address CounCIl regardmg theIr first Annual
Open House whIch was held on Sunday. June 29. 1997 InformatIOn was receIved and filed
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14-A: LETTER OF RESIGl\'ATIONIRODNEY PUNT/ARCHITECTURAL REVIE\V
BOARD MotIOn by Counctlmember Greenberg. seconded by Councllmember Ebner. to accept
the letter of resIgnatIOn of Rodney Punt from the ArchItectural ReVIew Board. and authonze the
CIty Clerk to publIsh a NotIce of Vacancy The motIOn ,vas unammously approved by vOIce
vote
15: Pl::-BLIC I~PUT Member of the publIc Bnan Hutchmgs offered hIS subscnptlOn to the
magazme EIR to the CouncIl and dIscussed hIS attempts to have a "13" Item placed on the
agenda
rvlember of the publIc 101m Medlm spoke m support of the Blue Bus and congratulated CounCIl
on the adoptlOn of the budget
Member of the publIc Robert Newbold prmsed Councll for its actIOns thiS evemng relatmg to the
northwest comer area of the 2300 block of PIer Avenue
16: CLOSED SESSION At 11 26 pm. CounCIl recessed to Closed SeSSlOns
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16-A: CLOSED SESSION/CONFERENCE 'VITH LEGAL COUNSEL
EXlstmg Lmgatlon Rmg Tradmg Corp v City of Santa MOUlCa. Case;\o BC172044
ACTION Not heard
16-B: CLOSED SESSION/CO~FERENCE 'VITH LEGAL COUNSEL
EXlstmg LItlgatIOn Marc Mlskey v CIty of Santa MOUlca. Case;'\Jo CV 97-4325
ACTI00J Not heard
16-C: CLOSED SESSION/CONFERE~CE 'VITH LEGAL COCl\'"SEL
EXlstmg L1l1gatlon CIty of Santa MOUlca v MobIl 011, Case No SC778141
ACTION Not heard
16-D: CLOSED SESSION/CO~FERE~CE 'VITH LEGAL COUNSEL
EXlstmg L1l1gatlon Mmam Zluto v Cny of Santa Momca. Case No SC045124
ACTION ~ot heard
16-E: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL
EXlstmg LItlgatIOn Cmdy Luff V CIty of Santa ~Iomca, Case Xo SC041742
ACTION Not heard
16-F: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL
EXIstmg L1l1gatlon Cltv of Santa MOUlca v \Valther. SC043522
ACTION Not heard
16-G: CLOSED SESSION/CONFERENCE \VITH LEGAL COU~SEL
EXlstmg LItIgatIOn Century Southwest Cable TelevlSlon. Santa MOllica. CahfornIa.
DA 95-123 (C S B . reI January 31. 1995)
ACTIOK Heard, no reportable actIOn taken
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July 1. 1997
180
16-H: CLOSED SESSION/CONFEREI\TE WITH LABOR NEGOTIATOR
CIty NegotIator
Bargammg Cmts
Karen Bancroft. Personnel Director
Admlmstratlve Team Associates (ATA)
Executive Pay Plan (EPP)
Legal Support Staff ASSOCiatIOn of Santa Momca (LSSASM)
Management Team Associates (MTA)
~1unlclpal Employees ASSociatIOn (MEA)
Pubhc Attorneys Dmon (PAD)
Santa Momca FIrefighters Loeall109 (SMFFA)
Santa Momca Pollee Officers ASSOCiatIOn (SMPOA)
Supervisors Team ASSOCIates (STA)
United TransportatIOn Umon (CTU)
ACTIOI\" ~ot heard
16-1: CLOSED SESSIO~/CONFERE"XCE \-V....TH LEGAL COUNSEL
AntIcipated LItIgatIOn Two Cases
ACTION
Approved the settlement agreement and release. and authonzed the Cny
Manager to negotlate and execute a settlement agreement \VIth Shell 011
Products Company. Chevron Products Company. and any other party
wIshmg to enter mto the agreement, regardmg the matter of contammatlOn
of the water at the Charnock Well Field
ADJOURN:\1ENT At 12 55 a m the meetmg was adjourned III memory ofC10 Hoover to July
8. 1997. at 6 30 P ill
ATTEST
APPROVED
,
/~ DCPtU-
pamela O"Connor
t1aYOr
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Mana M Ste\vart
City Clerk
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July I, 1997
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