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M-9/24/1996 I I I 264 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 24, 1996 A regular adjourned meetmg of the Santa Momca Cny CouncIl was called to order by Mayor Rosenstem at 6 35 pm. on Tuesday. September 24, 1996. m the CouncIl Chambers Roll Call Mayor Paul Rosenstein Mayor Pro Tern Asha Greenberg CouncIlmember Judy Abdo Councllmember Ruth Ebner Councllmember Ken Genser CouncIlmember Robert T Holbrook Councllmember Pamela O'Connor Present Also Present CIty Manager khn Jalih CIty Attorney Marsha Jones Moutne City Clerk Mana M Stewart Councllmember Holbrook led the assemblage III the Pledge of AllegIance to the Flag of the Umted States of Amenca I:"iSPIRA TION A moment of mSplratlOn was proVIded by the John Adams MIddle School S trIn g Quartet 4-A: PROCLAMATIO~/OCTOBER 1996/CRIl\IE PREVE~TION MONTH Mayor Rosenstem presented a proclamatIOn declanng October 1996 as "Cnme PreventIOn iUonth" III the en',,' of Santa Momca. 6. CO~SE"NT CALENDAR The Consent Calendar was presented. whereby all Items are conSIdered and approved m one motIOn unless removed from the calendar for dISCUSSIOn :Vlayor Rosenstem announced that Item No 6-R has been contIllued to the meetmg of October 8. 1996 J\.Iembers of the public Don Bryson. JOt Fullmer. JIm Palmer, and Dons Ganga. dIscussed Items on the Consent Calendar At the request of Councllmember Genser. Item 1\0 6-1'\ \vas removed from the Consent Calendar. at the request of ~.1ayor Pro T em Greenberg Item No 6-1 was removed from the Consem Calendar September 24. 1996 265 MotIOn by Councllmember O'Connor. seconded by Mavor Pro Tern Greenberg, to approve the I Consent Calendar, With the exceptlOn ofItern Nos 6-1 and 6-N, readmg ordmances and reso1utJ.ons by tItle only and walVmg further readmg thereof The motIOn was approved by the followmg vote Ayes Councllmembers Abdo. O'Connor, Ebner. Holbrook. Genser. Mayor Pro Tern Greenberg, Mayor Rosenstem None None Noes Absent 6-A: ~nNUTES APPROVAL' The City CouncIl mmutes of September 10. 1996, were approved as submItted 6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994 EARTHQUAKE DAMAGE) ResolutIOn No 9087(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTD\~ING LOCAL EMERGENCY." was adopted 6-C: MODIFICATION OF STEPBACK STANDARD~ILIGHT MAl'i'UFACTURING AND STUDIO DISTRICT Ordmance No 1862(CCS) entItled <'AN ORDINA1~CE OF THE CITY COLTNCIL OF THE CITY OF SAKT A MONICA AMENDING SANTA MONICA :\'1UXICIPAL CODE SECTION 9 04 08 35 050 REGARDING BUILDING STEPBACK REQLTIRElvlE:JTS IN THE LMS DISTRICT," \-vas adopted on second readmg I 6-D: tTTILITY USERS TAX Ordmance Ko 1863(CCS) entitled "Ai""\' ORDINANCE OF THE CITY COL~CIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6 72 010. 6 72 070 AKD 6 72 090 TO THE SANTA MONICA MUKICIPAL CODE." ,vas adopted on second readmg 6-E: CLARIFICATION OF USESIBA YSIDE COMl\'IERCIAL DISTRICT Ordmance No 1864((CS) entItled "AK ORDINANCE OF THE CITY COU)JCIL OF THE CITY OF SAKTA \lO-:\lC A AME!\DING CERTAr.-l PROVISIO~S OF PART 9 04 08 15 OF THE ZONn-iG ORDI).;ANCE GOVERNDJG THE BA YSIDE COMMERCIAL DISTRICT TO CLARIFY THE REQUIRE~vIE:-JTS FOR SIDE\V ALK CAFES. TO CLARIFY THE BUILDING STEPBACK REQCIRENIE::\TS AND TO REVISE THE PER BLOCK LIMITATIONS ON THE NUMBER OF FOOD USES. ALCOHOL OUTLETS AND FAST FOOD COURTS PERl\.1ITTED IN THE BSe DISTRICT:' was adopted on second readmg 6-F: PROCEDURES FOR MAKING APPOINTMEl\"TS/CITY BOARDS AND CO,"DUSSIO!'lS ResolutIon 1"0 9088(CCS) entItled '1\ RESOLliTION OF THE CITY COL:.:eIL OF THE CITY OF SANTA MO);ICA REPEALING RESOLLTIOK NUMBER 6R42(CCSf AND SETTING FORTH THE PROCEDURES FOR .\1AKING APPOINTMENTS I TO CITY BOARDS AND CO?vIMISSIONS .- \\'as adopted "1 September 24_ 1996 I I I 266 6-G: A WARD OF BID/CAR CONVERSIONS The award of BId No. 2597 was dIvIded between PursUIt. for patrol car converSIons, at specIfied unit prices, and with FIre-Bann Corp.. for detectIve car conversIOns, at speCIfied urnt pnces, for the PolIce Department 6-H: AWARD OF BIDIBRAKE SERVICE AND REPAIRSIPOLICE VEHICLES BId No 2596 was awarded to Midas Santa Momca, at specified umt pnces, to prOVIde brake servIce and repaIrs for polIce vehIcles for the PolIce Department 6-J: AWARD OF BIDIHOT ASPHALT CONCRETE PAVING MIXES BId No 2591 was a\.varded to Industnal Asphalt. at specified urnt prIces, to provIde and delIver hot asphalt concrete pavmg mIxes for the Street Mamtenance DIVISiOn, EnVIronmental and PublIc Works Department 6-K: A \VARD OF BIDIMISCELLANEOUS TR~SH BIN PARTS Bid No 2593 was awarded to ConsolIdated Fabncators Corp _ at speCIfied umt pnces, to furrush and delIver mIscellaneous trash bm parts for the SolId Wasre Management DIVISIOn. EnVIronmental and PublIc Works Department 6-L: FI1\"AL TRACT MAP NO. 24337 /CONDOMINIUMS/1351 PALISADES BEACH ROAD Resolution No 9089(CCS) entItled "A RESOLllTIO:N OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING fu~D APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO 24337 FORA PROJECT AT 1351 PALISADES BEACH ROAD:' was adopted thereby approvmg a 3-umt condommIUm project 6-M: LEASE AGREEMENT/FIRST FEDERt\L BANK OF CALIFORNIAlATMffHIRD STREET PROMENADE Contract 1'0 6531(CCS) \vas approved WIth FIrst Federal Bank of C ahfomw for the mstallatIOn of an A TM Machme on the ThIrd Street Promenade 6-0: 'YATER AND WASTEWATER CAPITAL FACILITY FEE REPORT The \Vater and \Vastewater C apHal F acllIty Fee Report was renewed and accepted. as reqUIred by Government Code SectlOn 66006 6-P: GE~ER>\L ASSISTANCE BENEFITS PAYMENTS ResolutIon Ko 9090(CCS) entItled . A RESOLuTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQlTESTll\G THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO OPPOSE REDeCTIONS OR FURTHER LIMITATIO:\'S TO GENERA.L ASSISTANCE BE!\EFITS PA YJ\:fENTS:' \vas adopted 6-0: GRA:\'"T ALLOCATIONS Contract 1\os 6532(CCS). 6533(CCS), and 6534(CCS) \vere adopted thereby approvmg grant allocatIOns to Legal AId FoundatIOn of Los Angeles (LAFLA) m the amount of $95.833 for enhanced tenant/landlord servIces to Santa MOllIca reSIdents. appro\ mg allocatIon to Santa Momca College 11l the amount of $140.000 for employment and support serVIces to '"at-nsk"" youth resIdmg m Santa Momca. and allocatIng up to $19.167 to Legal Aid FoundatlOn of Los Angeles for one-tlme program and facIlIty start-up costs contmgent upon a budget approved by Cny staff .., j September 24. 1996 267 6-R: WAIVER OF FEES AND P ARKINGILEAGUE OF WOMEN VOTERS' The request I to waIve fees and parlong costs at the East Wmg of the CIvic Center for a forum to be hosted by the League of Women Voters was contmued to the meetmg of October 8.1996 END OF CONSENT CALENDAR 6-1: A WARD OF BIDIUNIFORM RENTAL AND CLEANING Staff answered questIons regardmg cost MotIon bv Mayor Pro Tern Greenberg. seconded bv CouncIl member Genser, to award Bid No 2583 to \Velch's Umform Rental Company, at specIfied umt pnces. to proVIde umform rental and cleamng servIces for varIOUS CIty departments The motIon was approved by the followmg vote ~oes Absent CouncIlmembers Abdo. O.Connor. Ebner, Holbrook, Genser. Mayor Pro Tern Greenberg. Mayor Rosenstem None Kone Aves 6-N: PROFESSIONAL SERVICES CONTRACT/CONSULTING SERVICES/ PREPARe<\. TION OF MASTER PLAN/CORPORATION YARD CouncIlmernber Genser requested thIS matter be put over for one week III order to ask questIOns of staff I ~lotlOn hy CouncIlmember Genser. seconded bv Mayor Pro Tern Greenberg:. to contmue thIS !tern to the meetmg of October 8. 1996 The motIon was unammously approved by VOIce vote i-A: APPEAL/CUP 95-017/DRIVE-lJP \VINDO\V/JACK-IN-THE-BOX/2025 LINCOLN BOrLEYARD Appeal 96-004 ofPlanrung ComnllsslOn Approval ofCondmonal Use Pemut ApplIcatIOn (CCP 95-017) to allow the late-mght operatIon of the dnve-up wmdow In the Jack- m-the-Box restaurant located at 2025 Lmcoln Boule\ard untIl May 1. 1998. was contmued to the meetmg of October 8. 1996 7 -B~ APPEAL/CUP 95-0161V AR 95-033/DRlVE-UP WINDOW IJACK-IN- THE-BOX REST ArRo\~T/2423 WILSHIRE BOULEVARD Appeal 95-016 ofPlanmng CommISSIOn Approya) of CondJt1onal Use PermIt ApplIcatIOn (CUP 95-016) and VarIance ApphcatIOn (V AR 95-033) to allmv the late-mght operatIOn of the dnve-up wmdow m the Jack-m-the-Box restaurant located at 2423 \VllshIre Boulevard untIl May 1, 1998. was contmued to the meetmg of October 8. 1996 8-A' l'RGE:"iCY ORDINANCE/SECOND VNITS IN Rl ZONING DISTRICT Presented \yas an ordIllance for IntroductIOn and adoptIOn establIshmg standards for the al1o\.vance of second umts III the R1 zomng dIstrIct (smgle famIly reSIdentIal) on an mtenm baSIS and declarmg I the presence of an emergency. pursuant to prOVlSIOns of State law 4 September 24. 1996 I I I 268 On order of the Mayor, the publIc heanng was opened The followmg members of the publIc spoke m opposition to the ordmance Patnck Mallens. Norman Peterson, Nma Terebmsla. Kenneth Cameron, Edward Hurst. Edward Karklyn, Jean SedIllos. Terry Grabosla. Wolfgang Kummer, SIdney Wolmsky. LeIgh Hovey, and Ernmahe Hodgm The followmg members of the publIc spoke m support of the ordmance Mehrdad Farlvar. Geraldme Kennedy, David Rosman, Carl Lambert, Jenmfer Polhemus, Hank Komng and Dan Stem Member ofthe publIc J01 Fullmer expressed her concerns Member of the publIc ChriS Hardmg suggested that tlns Item be remanded to staff for draftmg of an ordmance encouragmg the umts. 111 compbance With State law. while ensunng that the umts are compatIble "VIth the neIghborhoods m whIch they WIll be located \."lember of the publIc Jerome PrewomIk urged CouncIl to sohclt a legal opInIOn from someone \\ ho IS WIthout bIaS on the matter "lotIon by Ma~'or Pro Tern Greenberg. seconded by CouncIlmember Abdo, to hear two late speakers The motIOn \'\.-as unammously approved by vOIce vote rvlembers of the publIc Lou Moench and Robert Wnght spoke In OpposltIon to the ordmance There pemg no other speakers, the Mayor closed the pubhc heanng DISCUSSIOn ensued as to the effects on the Cny If the proposed ordmance IS adopted. of takIng no actlOn and thereby havmg the State regulatIons rule. or, of consIdermg an ordmance that would prohIbIt the ~econd umts III questIOn There was further dISCUSSIOn as to whether the comments recel\'ed from the publIc can be used to establIsh findmgs to prohlbn the proposed second unIts On order of the ?vIayor. the Cny CouncIl recessed at 9 15 pm. and reconvened at 944 pm. \-\'Ith all mem bers present I'dotIon b~. CounCllmember Abdo. seconded by Councllmember Ebner. to adjOurn to Closed Sesslon pursuant to CalIfornIa Government Code Sectlon 54956 9(3)(d) In order to consult WIth the Cn: Attorney regardmg a statement of threatened lItIgatIon made by a member of the publIc dunng the publIc hearmg The motIon was unanImously approved by YOlCe vote CouncIl adlourned to Closed SesslOn at 9 45 pm. and reconvened at ] 0 22 wnh all members present The Clty Attorney announced that there '-..-as no reponable actlon taken dunng Ciosed SeSSIOn 5 September 24. 1996 269 Mayor Rosenstem asked COl.ll1cll to bnefly devIate from the regular order of the agenda III order I to allow a member of the public to speak at "PublIc Input", III advance. so as to allow hIm to use publIc transportatIOn to return home before the buses the evenlllg. There were no ObjectIons to the request PUBLIC INPUT Member of the publIc Pro Se requested that fundlllg be made avaIlable to teleVIse the HouSlllg ComnussIOn meetlllgs On order of the Mayor, the CIty CounCIl returned to the regular agenda order 8-A: URGENCY ORDINANCE/SECOND UNITS IN Rl ZONING DISTRICT (Resumed) MotIon by Councllmember Holbrook, seconded bv CouncIlmember Ebner, to not accept the recommendatIon of staff, and to mstruct staffto return at the regular meetmg of October 8. 1996, WIth a new recommendatIOn 10 mtroduce for first readmg an ordmance that prohIbIts rental umts In the Rl area. \vIth appropnate findmgs. and to have the second readmg and adoptIOn of the ordlllance at a contmued regular meetmg to be held on October 15. 1996. at 7 30 P m .\tlotIOn by Councllmember Genser. accepted as frIendly. t,:" amend the motIOn to not ask for staff recommendatIOn. but to merely ask them to return WIth the ordmance as deSCrIbed by Councllmember Holbrook The motIon \vas approved by the followmg vote- I A\es Counctlmembers Genser. Holbrook. Ebner. O'Connor. Ivlayor Pro Tern Greenberg Councllmember Abdo. )"layor Rosenstem ~one " oes Absent :\lotIOn by Councllmember O'Connor. seconded bv Councllmember Genser. to extend the . . meeting past 11 p ill The motion ,"vas unammously approved by VOIce vote Request to diSCUSS Item 8-A agam: At 11 20 P ill _ after takmg actlon on the matters remammg on the agenda. Councllmember O.Connor requested takmg up dISCUSSIOn of thIS ordmance agam \'!otlOn by Councllmember O'Connor. seconded bv Councllmember Abdo, to add to the motIon - - to dIrect staff to also return WIth the current staff recommendatIOn WIth development standards as presented thIS evemng for Item No 8-A for consIderatIOn at the meetmg of October 8. 1996 It \\as c1dnfied that the motIon for 8-A. as approved. was speCIfic as to not mcludmg staffs recommendatIon. and therefore could not be amended as \'vas bemg asked Councllmember O'Connor changed her motlon as follows I 6 September 24. 1996 I I I 270 MotIon by CouncIlmember O'Connor. seconded by Councilmember Holbrook, to have another roll of the motIOn MotIOn was approved by vOice vote F ollowmg IS the motIOn. as prevIously made. Motion bv CouncIimember Holbrook. seconded by Councllmember Ebner. to not accept the recommendatIon of staff, and to Instruct staff to return at the regular meetmg of Octoher 8. 1996, WIth a new recommendatIOn to mtroduce for first readmg an ordmance that prohIbits rental unIts III the R 1 area. \-Vlth appropnate findmgs. and to have the second readmg and adoption of the ordmance at a contmued regular meetmg to be held on October 15.1996. at 730 p m ).'lot1On by Councdmember Genser. accepted as fnendly. to amend the motIOn to not ask for staff recommendatIOn. but to merely ask them to return With the ordinance as described by CouncIlmember Holbrook The motIon was approved by the followmg vote Aves Councllmembers Genser. Holbrook. Ebner. Mayor Pro Tern Greenberg Councllmember O'Connor. Abdo, Mayor Rosenstem None l\oes Absent Coul1Cllmember O'Connor requested that the record reflect that she voted "no" on the above nem because she belIeves that the City IS losmg an opportumty to set locally-developed standards regulatmg second umts \Jayor Rosenstem requested that the record reflect that he voted "no" on the above Item because the recommendatIOn by staff IS a superIor way to protect the smgle-famIly neighborhood to the current SItuation. \yhICh seems to be where the Council IS headmg Councrlmember Abdo requested that the record reflect that she voted "no" on the above Item because she feels that It ""'111 cause problems among neIghbors. and expressed the behefthat thIs \q11 cause a hardshIp for those mdlvlduals who currently have such UUlts Further. she stated she doe;;; not belte,:e that the Impact on the Rl zone wlll not be that great from the second units 8-B: DEMOLITIONfEARTHOUAKE DAMAGED RED AND YELLO'V TAGGED BCILDI::\GS Presented was an ordmance for mtroducllon and first readmg amendmg sectIOn q 04 1 n 16 010 of the Santa MOnIca MUUlcIpaJ Code to allow the demolItIOn of earthquake damaged red and yellow tagged bUIldmgs "vIthaut a replacement project permIt On order of the :Ylayor. the publIc heanng was opened Member of the publIc Jm Fullmer e\.pres:'.ed her concerns There bemg no other speakers. the tvlayor closed the publIc hearmg C0uIK1lmember Ebner excused at 11 15 pm \10tI0I1 1:\\ "'1a}.(l[ Pm Tern Greenberg. seconded b~' Councllmember Genser. to mtroduce an 7 September 24. 1996 271 ordmance entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA I MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9 04 10 16010 CONCERNING DEMOLITION PERMIT REQUIREMENTS," readmg by title only and Wa1vmg further readmg thereof The motIon was approved by the followmg vote Ayes: Councllmembers Abdo, O'Connor, Holbrook, Genser. Mayor Pro Tem Greenberg. Mayor Rosenstem None Councllmember Ebner Koes Absent Councllmember Ebner returned at 11 16 P m 9-A: CLOSED SESSION The eny Attorney advIsed that 1t was not necessary to hold closed seSSIOns t 4-A: APPOINTMENTS/BOARDS AND COMMISSIONS: ~vlayor Rosenstem announced that the floor would consIder nommatIons to the AIrport C'ommlsslon Councllmember Abdo nomInated Bernard HarrIS There beIng no other nommatIOns. nommatIOllS \,,'ere closed CounCllmember Abdo moved. seconded by Councllmember Ebner. to appomt Bernard HarrIS by acclamatIOn to the AIrport Commlsszon for a term endIng June 30. 2000 The motIOn \vas unammously approved by VOIce vote I \fa~. or Rosenstem announced that the floor would consIder nommatlOns to the Landmarks ( Onmll\51011 Counulmember O'Connor nommated BIll Bolton There bemg no other nommatlOns. nommatlOns "vere closed BIll Bolton was appoInted by acclamatIOn to the Landmarks COmml'lqrJJ1 for a term endmg June 30. 2000 The mOl1on was unammously approved by VOIce "ote 15: Pl:BLIC INPLT There \vas no one wIshmg to speak AD IOl-R:-.1ME"-'"T At II 25 pm. the meetmg "vas adjourned to Tuesday. October 8. 1996. at <1 30 r m _ 111 memory of Carl Gordon ATT[ST ~~~ APPROVED ~~ I TvlanJ \1 Stewart en'- Clerk. Paul Rosenstem Mayor 8 September 24. 1996