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M-8/13/1996 I I I 244 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 13, 1996 A regular adjourned meetmg of the Santa Momca CIty CounCIl was called to order by Mayor Rosenstem at 639 pm, on Tuesday, August 13, 1996, in the Council Chambers Roll Call Present Mayor Paul Rosenstem Mayor Pro Tern Asha Greenberg Councdmember Judy Abdo CouncIlmember Ken Genser (arrIved at 6 46 pm) Councilmember Robert T. Holbrook CouncIlmember Pamela O'Connor Absent CouncIlmember Ruth Ebner Also Present CIty Manager John Jahh ASsIstant CIty Attorney Joseph Lawrence CIty Clerk Mana M Stewart CouncIlmember O'Connor led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of Amenca Cny Clerk Stewart announced that tomorrow. August 14th. at 5 00 p.m. IS the deadlIne to file nommatIOn papers for the offices of City CouncIL Rent Control Board. and Santa Momca- :\lalrbu limfied School DlstnCt Board of Trustees \-1ayor Rosenstem announced that Item No 10-A was wIthdra\\TI at the request of staff and wIll not be heard thlS evenmg 6. CO:\"SENT CALENDAR The Consent Calendar \vas presented, whereby all Items are consldered and approved m one motIon unless removed from the calendar for dISCUSSIOn Member of the pubhc 101 Fullmer dIscussed Items on the Consent Calendar. ~vlotlon b~ Councllmember Holbrook. seconded by CouncIlmember O'Connor. to approve the Consent Calendar. readmg resolullons by tItle only and WaIvmg further readmg thereof The motIon was approved by the follo\-vmg vote I August 13. 1996 245 Ayes Councilmembers Abdo, O'Connor, Holbrook, Mayor Pro Tern Greenberg. Mayor RosensteIn None Cooocllmembers Ebner. Genser I Noes Absent Councllmember Genser reported present at 6"46 p m 6-A: MINUTES APPROVAL The City CouncIl mmutes of July 9. and July 16. 1996, were approved as submitted 6-8: CONTINUING EXISTENCE OF ^ LOCAL EMERGENCY (JANUARY 1994 EARTHOUAKE DAMAGE) ResolutIon No 9071(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-C: APPLICATION FOR GRANT FUNDSILOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM! SAI'TA MONICA DRY WEATHER RUNOFF RECLAMATION PROJECT ResolutIOn 1\0 9072(CCS) enntled "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA1\TA M01\ICA APPROVING THE APPLICA TIOK FOR GRANT FUNDS FROM THE LOS ANGELES COCNTY DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY CO!vlPETITIVE GRA~T PROGRAM FOR THE DRY WEATHER RUNOFF I RECLAMATION FACILITY:" was adopted 6-D: FINAL MAPIPARCEL NO. 51918/ TPC-31912921 TENTH STREET Resolutlon No 9073(CCS) entItled "A RESOLUTION OF THE CITY COlNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVIl\'G A FI~AL SUBDIVISION MAP FOR PARCEL NO 51918 AT 2921 TENTH STREET:- was adopted thereby approVIng a 6-0011 tenant-partlclpatmg converSlOll project at 292] Tenth Street 6-E: FI~AL MAPfTRACT NO. 51594/TPC-291/827 BAY STREET ResolutlOll No 9074(CCSl entItled 'A RESOLUTION OF THE CITY CO"UNCIL OF THE CITY OF SANTA !'vfOKICA ACCEPTNG A:"\"D APPROVDJG A FINAL SUBDIVISION MAP FOR TRACT :-.JO 51 594 AT 827 BAY STREET." was adopted thereby approvmg a 9-umt tenant-partlclpatmg converSlOn project at 827 Bay Street 6-F: FI~AL PARCEL MAP NO. 24314/CONDOMINIUMS/843 FIFTEENTH STREET ResolutlOn:\o 9075(CCS) entItled "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA "\'TA MONICA ACCEPTING AND APPROV~G A FINAL SUBDIVISION \.1AP FOR PARCEL I'O 243]4 FOR A PROJECT AT 843 FIFTEENTH STREET:" was adopted thereby approvmg a 3-umt condommmm project at 843 FIfteenth Street I .., ... August 13. 1996 I I I 246 6-G: COMPLIANCE/1995 CONGESTION MANAGEMENT PROGRAM ResolutIOn No 9076(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089," was adopted b-H; MAXIMUM ALLOW ABLE INCOME LEVELSIMAXIMUM ALLOW ABLE RENTSIMAXIMUM ALLOWABLE PURCHASE PRICESIINCLUSIONARY UNITS ResolutIOn No 9077(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF mE CITY OF SANTA MONICA ESTABLISHING THE MAXIMUM ALLOWABLE RENTS AND MAXIMUM ALLOW ABLE PURCHASE PRlCES FOR THE INCLUSIONARY HOUSING PROGRAM;' was adopted 6-1: CLASSIFICATIONS/SALARIES ResolutIOn No 9078(CCS) entltled "A RESOlLTION OF THE CITY COUNCIL OF mE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICA nONS AND ADOPTING SALARY RA YES FOR RECORDS MANAGEMENT COORDINATOR. SENIOR ADMINISTRATIVE ANALYST - HOUSING AUTHORITY, SUPERVISING INSPECTOR. TRA.NSIT SERVICES MANAGER. TR.A.NSIT DEVELOPMENT AND INTER-GOVERNMENTAL RELATIONS MANAGER A1\D TR.ADES INTE~~." was adopted and new mformatlon provIded by staffpnor to the meetmg was mcorporated m the motlOn 6-J: AGREEMENTILOS ANGEl.ES UNIFIED SCHOOL DISTRICTINOTIFICATION OF PROPOSED LAUSD PROJECTS/CALIFORNIA ENVIRONMEl\T'fAL OUALITY ACT Contract No 6461 (CCS) was approved between LAUSD and the CIty of Santa MOllica to requHe the receIpt of CEQA documents from the LAUSD WhICh are for projects located Wlthm a ~-mIle radlUs outsIde the Cny of Santa MOlllca's boundanes 6-K: PHASE II/OPEN SPACE ELEMENTIPARKS AND RECREATION MASTER PLAN Contract No 6462(CCS) was approved WIth RO)"tA DeSIgn Group to prepare Phase II of the Open Space ElemenVParks and Recreatlon Master Plan for an amount not to exceed S191.268 6-L: A \VARD OF BIDIELEV AT OR MAINTENANCE SERVICE BId No 2577 was a\varded to Amtech Elevator ServIces. at a specIfied monthly rate. to proVIde complete elevator mamtenance serVice for fifteen (15) elevators located m SiX (6) parkmg structures 6-:\1: A 'YARD OF BIDrrOILET P APERffOILET SEAT COVERSIP APER TOWELS BId:--.1o 2579 \\'as awarded to The Walden Company. at specIfied unIt pnces. to furnIsh and dehyer toIlet paper. tOllet seat covers and paper towels ., ,) August 13. 1 996 247 6-N: AWARD OF BIDIDIESEL FURl~ Bid No. 2584 was awarded to General Petroleum. at I specified pnces, to furnIsh and delIver dIesel fuel 6-0: CANCELLATION OF CITY COUNCIL MEETING/AUGUST 27.1996' The regular CIty CouncIl meetmg scheduled for August 27, 1996. was canceled END OF CONSENT CALENDAR 7-A: APPEAL/CUP 95.0071DESIGN MODIFICATION/MODIFIED FEES/ RESIDENTIAL CONDOMINIUM PROJECT/I043-1045 11TH STREET The appeal of Planrung CommIsSIOn approval ofCondl1IOnal use PermIt 95-007 requestmg desIgn modIficatIOn and modified fees for a five-umt reSIdentIal condonumum project at 1043-1045 11 th Street was ,",lthdrawn at the request of the appellant Apphcant IraJ Sarvmn. Appellant Ene Parlee 8-A: EMERGENCY ORDINANCE/USE OF PUBLIC SIDEWALKS Presented was an emergency ordmance for adoptIOn deletmg Santa Maruca MumcIpal Code SectIOn 3 12.350, relatmg to the use of pubhc SIdewalks. and replacmg It WIth a prohIbItIOn agamst sIttmg or Iymg on SIdewalks m the BaysIde Dlstnct and on the ThIrd Str~et Promenade Roadway dunng specIfied hours. and declanng the presence of an emergency On order of the Mayor. the pubhc heanng was opened Members of the publIc Jerry Rubm. Ron I Taylor. and WIll y1clntosh spoke m OppOSItIOn to the proposed ordmance Members of the publIc 101 Fullmer and i\rt CasIllas expressed their concerns Member of the pubhc Merlyn Rudell spoke m support of the proposed ordmance Members of the pubhc Barbara Tenzer. Ron Cano. and Herb Katz spoke m support of the proposed ordmance WIth amendments to prohIbIt lymg dO\vn on benches and ledges. and amending the hours of enforcement to be from 6 a m to 1 00 a m J'vlembers of the pubhc June Thompson. Adamm Gntlefeld. RIch GroSSI. and Rod Barshool spoke m support of the proposed ordmance '''lth amendments to prohIbIt lymg dO,",TI on benches and ledges ylotlOn b". Councllmember Genser. seconded by Councllmember O'Connor. to hear late speakers The motIon was unanImously approved by VOIce vote. Councllmember Ebner absent \-1embers of the publIc Susan Dempsay. Madeleme Da\\'TI Warner. and Laune Romano spoke m suppon of the proposed ordmance Members of the publIc Steve Ramos and Edward Greenberg spoke III suppon of the proposed ordmance amendmg the hours of enforcement to be from 6 a m to 1 am ;\:lember of the pubhc 1ennafer Waggoner spoke m oppOSltlon to the proposed ordmance There bemg no other speakers. the Mayor closed the publIc heanng I 4 August 13. 1996 I I I 248 MotIOn bv Mayor Pro Tern Greenberg. seconded bv Councllmember Holbrook, to adopt the ordmance With the amendment that the hours of enforcement be changed to the hours of 6'00 a m and 1 00 am, and to amend the last sentence of SectlOn 5 to read: "Tlus Ordinance shall become effectIve upon adopnon " Monon by Councllmember GenseI. accept~d as fnendly, to amend the motIon to amend SectlOn 1 (b)(5) of the ordmance to read "SIttJ.ng on a chaIr or bench located on the pubhc SIdewalk which IS supphed by a pubhc agency. mcludmg ledges and steps bordenng the fountains and planter areas and bollards located wrtlun The Thud Street Promenade area ., DISCUSSion ensued on the nature of the findmgs upon which tlns ordmance was \'-Tltlen. on the need for mnnedmte legIslatIOn, on whether the ordmance, as wntten. addresses the underlymg concerns that created the need for tills type of legislatIOn, and on the fact that five affirmative votes are requued to adopt the ordmance ),'lotlon bv CouncIlmember Holbrook. seconded bv Mavor Pro Tern GreenberQ:. to contmue thiS - - - ordmance to a speCIal meetmg to be held on August 20. 1996. at 630 pm. and duect the CIty Attorney to prepare a regular ordmance m additIon to the emergency ordmance for conslderatlon. In the event the emergency ordmance does not receIVe the five reqUlred votes The motion was approved by the followmg vote Ayes Councllmembers Genser. Holbrook, O'Connor. Mayor Pro Tern Greenberg. Mayor Rosenstem Councllmember Abdo Councllmember Ebner ",oes Absent On order of the Mayor. the Cny CounCIl recessed at 8 SO pm. and reconvened at 920 pm. \Vlth all members present 9-A: LOCAL STANDARDS REGULATING SECOND UNITS Presented was the staff repon recommendmg that Cny CouncIl duect staff to prepare a local ordmance conSIstent Vo'lth State law creating local standards regulatmg second umts and return to CounCil WIth an urgency ordmance by September 14. 1996 Member of the pubhc 101 Fullmer expressed her concerns Member of the pubhc LeIgh Hovey spoke III oppOSItion to such an ordmance Members of the pubhc DaVid Rossman and Carl Lamben spoke III suppon of such an ordmance I'vlotlOn by Councllrnember Abdo. seconded bv Councl1member O'Connor. to direct staff to prepare d local ordmance conSistent WIth State la\v creatmg local standards regulatmg second umts and return to CounCIl WIth an urgency ordmance by September 14. 1996 The motion was approyed by the folloVI-'Ing vote 5 August 13. 1996 249 Ayes' Councilmembers Abdo, O'Connor, Holbrook. Genser, Mayor Pro Tern Greenberg, Mayor Rosenstem None Councilmember Ebner I Noes Absent 9-B: CLOSED SESSION Held at end ofmeetmg to-A: STREET LIGHT IMPROVEMENTS The recommendatIOn to hold a publIc heanng on the convemence and necessIty of the proposed street hght Improvements on 23rd Street (from WIlshIre Boulevard to Anzona Avenue). on 29th Street (from Pearl Street to Ocean Park Boulevard). and on Pnnceton Street (from Washmgton Avenue to WIlshire Boulevard). to acknowledge any publIc protests. and to adopt a resolutIOn findmg that the pubhc convemence and necessity reqUIres the mstallatIOn. and to order the constructIOn process to begm was withdrawn at the request of staff This Item '\.\111 be rescheduled and affected residents will be notIfied 14-A: APPOINTMENTSIBOARDS AND COMMISSIONS Mayor Rosenstem announced that the floor would consider nommatIOns to the CommISSIOn on the Status of Women CouncIlmember O'Connor nommated Etleen LlOson Counctlmember Holbrook nommated Jan Ludwmskl There bemg no other nommallons. nommatIons were closed On a call for the vote. Eileen Lipson was appomted to the CommlsslDn on the Status ~fWomen for a term endmg June 30.~OOO I Mavor Rosenstem announced that the floor would consIder nommatlOns to the RecreatlOn & Parh C Onl1nlSSlOl1 Councllmember O'Connor nommated Frank Schwem!el and Tim Walsh for reaDDomtment - ~ ~ IvIonon b~- Councilmember Genser. duly seconded. to reappomt Frank Schwengel and Terry Walsh by acclamatIOn to the Recreatwn & Parks CommlsslOn for terms endmg June 30.2000 The monon ''''as unammously approved by vOIce vote. CouncIlmember Ebner absent Councllmember O'Connor nommated Lupe Castro There bemg no other nommatlOns. nommatlOns were closed Mavor Rosenstem moved. duly seconded. to appomt Lupe Castro by acclamatIOn to the RecreatlOn & Parks CommlSSlOl1 for a term endmg June 30. 2000 The motIOn was unammously approved by VOlce vote. Councllmember Ebner absent Appomtments to the Alrport CommlSSlOl1. BUIldInS{ and Safety CommlSSlOn, Electrzcal Board of Appeal, Landmark...<; CommlsslOn Personnel Board. and Plumbmg & Alechamcal Board of ,4.ppea/\ ,,,ere contInued to the meetmg of September 10. 1996 I 6 August 13. 1996 I I I 250 14-B: LATE APPLICATIONSIMEMBERSIDP ON CITY BOARDS AND COMMISSIONS The request of CouncIlmember Ebner to dISCUSS the polley of recelvmg late appllcatlOns from apphcants mterested m membershIp on CIty boards and CommISSIons was contmued to the meetmg of September 10, 1996 14-C: PROHIBITION OF UNAUTHORIZED REMOVAL OF NEWSPAPERS Presented was the request of Mayor Rosenstem to mreet the CIty Anorney to draft an ordmanee that WIll prohlblt the unauthonzed removal of newspapers from news racks, store fronts and resldenual propertIes Member of the publIc Joi Fullmer expressed her concerns Mayor Rosenstein moved. seconded bv Mavor Pro Tern Greenbenz. to dIrect staff to draft and return \-"lIth an - - ordmance based upon the ordmance recently approved m San FranCISCO deahng WIth the prohIbmon of the unauthonzed removal of newspapers from news racks, store fronts and reSIdential propertIes The motIOn was unammously approved by VOIce vote. CouncIlmember Ebner absent 15: PUBLIC INPUT There were no speakers 9-A: CLOSED SESSION At 10 10 pm. CounCIl adjourned to Closed SessIOn for the purpose of Conference WIth Labor Negotiator C ny ~ egotIator Karen Bancroft, Personnel DIrector Bargammg Unlt MumcIpal Employees ASSOCIatIon (MEA) ..., Pubhc Employee EvaluatIOn - Employee TItle Cny Manager J"'o aCllon taken AD TOCR~~vlE1\T At 1040 p.m. the meetmg reconvened With all members present. except for Councllmember Ebner. and thereafter was adjourned to Tuesda}. August 20. 1996. at 630 p.m, In memor: of Elvma Lopez. I\tIIldred Judson. Helen Albert. and Mr Ehrler ~~~ APPROVED i~~ l ;{J~ \.jana:\l Ste\\-an en\ Clerk Paul Rosenstem Mayor I August 13. 1996