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M-7/16/1996 I I I 219 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 16, 1996 An adjourned regular meetIng of the Santa MOllica CIty CouncIl was called to order by Mayor Rosenstem at 735 pm, on Tuesday, July 16. 1996. m the CouncIl Chambers Roll Call Present Mayor Paul Rosenstem Mayor Pro Tern Asha Greenberg Councilmember Judy Abdo CouncIlmember Ruth Ebner Councilmember Ken Genser CouncIlmember Robert T Holbrook Absent Councilmember Pamela O'Connor Also Present: CIty Manager John Jal1h CIty Attorney Marsha Jones Moutne CIty Clerk Mana M Stewart Councllmember Ebner led the assemblage III the Pledge of AllegIance to the Flag of the Umted States of Amenca Crty Clerk Stewart announced that the filmg penod for vanous electIve offices. to be voted on at the I'\ovember S. 1996 mwnclpal electIOn, opened yesterday at 8 00 a m and the filmg penod \>,'111 end August 9. 1996. at 500 p.rn There are four Cll)' CounCIl seats up for electIon, two Rent Control Board seats, three seats for the Santa Moruca-Mahbu Umfied School DIStrIct Board. and three seats for the College Dlstnct Board There wIll be an electIOn workshop held Thursday, J ul y 17th. at 12 30 P m m the Council Chambers where the electIon process and procedures will be revle\\'ed and nommatlon papers WIll be issued to persons mterested m fihng as a candIdate. 55-1: LPDATErrOTAL ENERGY SERVICES CONCEPTIPUBLIC SAFETY fACILITY A Study SesslOn was conducted ",herem an update on the Total Energy ServIces Concept for the proposed new PublIc Safety Facihty was presented by Cnug Perkms. DIrector of EnVironmental and PublIc Works Management, assIsted by John Pmlhps of the CalifornIa Energy CoalItIon and Mark Shunk. VIce PreSIdent of Enova Energy, a potential pro\-ider of services CouncIl members asked questIOns of staff relative to long-term optIOns. the matter of deregulanon of the unlmes. up from costs and on-gomg operatmg costs. and potentlal costs andior savmgs to July 16. 1996 220 the CIty No formal actIon taken on tlus matter The report was receiVed and filed. I 6. CONSENT CALENDAR The Consent Calendar was presented. whereby all Items are consIdered and approved m one motIon unless removed from the calendar for discussion Member of the pubhc John Jurenka spoke m opposItIon to Item 6-B. and JOl Fullmer dIscussed Items on the Consent Calendar At the request of Mayor Pro Tern Greenberg. Item No 6-B was removed At the request of Councilrnember Genser, Item No 6-C was removed m order that he might ask questIOns of staff MotIon bv CouncIlmember Genser. seconded bv Mayor Pro Tern Greenberg. to approve the Consent Calendar. except for Items 6-B and 6-C. readmg resolutIOns by tItle only and Walvmg further reading thereof The mOUon was approved by the follO\vmg vote Ayes Councllmembers Genser, Holbrook. Ebner. Abdo. Mayor Pro Tern Greenberg. Mayor Rosenstem None Councllmembp:r 0' Connor Noes Absent 6-A: PACIFIC PARK GRAND OPENING FIREWORKS CELEBRATION The range of dates for PacIfic Park's grand openmg celebratIon fireworks dIsplay was approved for a Fnday between July 26 and August 11. 1996, and WIll comcIde WIth the openmg of the roller coaster The ne,,, date \\'111 be subject to staff approval and be submItted to staff at least 1 0 days m I advance of the event E~D OF CO~SE~T CALENDAR 6-B: ACOUISITION. CONSTRUCTION AND CO MPLETION/CERT A1N MUNICIPAL Il\IPROVE'-lENTSIPROPOSED PUBLIC SAFETY FACILITY lvlayor Pro Tern Greenberg asked quesuons of staff relatIve to the amount to be financed and to the method of the financmg Staff answered questIons Mayor Pro Tern Greenberg restated the pubhc necessity for the constructIon of the publIc safety buildmg Mohon hv Mayor Pro Tern Greenberg, seconded by Councllmernber Ebner, to adopt ResolutIOn "}.lo 90581CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA~TA MONICA DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION. CONSTRUCTION AND COMPLETION OF CERTAIN MCNICIPAL IMPROVEMENTS AND THEIR FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS:" readmg by tItle only and waiving further readmg thereof The motion was approved by the followmg vote Ayes Councllrnembers Genser. Holbrook. Ebner. Abdo. Mayor Pro Tern Greenberg. Mayor Rosenstem I 2 July 16, 1996 I I I 221 Noes Absent None Councilmember O'Connor 6-C: CONFLICT OF INTEREST CODE/BA YSIDE DISTRICT CORPORATION Manon bv Councllmernber GenseL seconded bv Mayor Pro Tern GreenbenL to approve the amended ContlICt oflnterest Code for the BaYJIde Distnct CorporatIon The motIon was approved by the followmg vote Ayes CouncIlmembers Genser. Holbrook. Ebner, Abdo, Mayor Pro Tern Greenberg. Mayor Rosenstem None Councdmember 0 'Connor Koes Absent The Mayor announced that the next two Items. 7-A and 7-B, Will be combrned and heard concurrently 7-A: APPEAL/CUP 95-017/DRIVE-UP WThl))OW/JACK-IN-THE-B0X/2025 LINCOLN BOL"LEV ARD The CIty Attorney presented a summary of the settlement proposal for Appeal 96-004 of Plannmg ConulllsslOn Approval of Cond1l10nal Use PermIt ApplIcatIOn (CUP 95-017) to allow the late-mght operatIon of the dnve-up \\>1ndow m the Jack-m-the-Box restaurant located at 2025 Lmcoln Boulevard 7-B: APPEAL/CUP 95-016/VAR 95-033/DRIVE-UP WINDOW/JACK-IN-THE-BOX RESTAlJR<\NT/2423 '\lILSHIRE BOULEVARD The CIty Attorney presented a summary of the settlement proposal for Appeal 95-016 of Planmng CornnllssIOn Approval of CondltIonal t.;se Permit ApphcatlOn (CUP 95-016) and Vanance ApplIcatIOn (V AR 95-033) to allow the late- mght operatIon of the dnve-up \\olndow III the Jack-m-the-Box restaurant located at 2423 \VIIshlre Boulevard On order of the Mayor. the CIty CouncIl recessed at 8 15 pm.. and reconvened at 8 35 P rn , with all members present except Councllmember O'Connor On order of the Ivlayor. the public heanng was opened Members of the publIc Fred Bakshandeh. Tom F ranClS. Susan Henderson, Leon F erder. Robert Wnght. PhyllIS Duncan. Judy SIlverman. Alhson Velkes. GIOk Brandt. Jenmfer SIlverman. and Donald Brandt spoke III opposItIon to the proposed settlement agreement. Member of the publIc Andre Cronthal spoke in support ofthe proposed settlement agreement The Mayor closed the pubhc heanng j\..totlOrt by CouncIlmember AbdO, seconded bv Mayor Pro Tern Greenberg. to extend the meetmg past 11 00 P m The motlon was unammously approved by VOIce vote, CQuncilmember o "Connor absent City Attorney Moutne adVised that a closed seSSIOn would be held regardmg Items 7-A and 7-B ..., ;) July 16, 1996 222 at the next CouncIl meetmg on July 23, 1996 On order of the Mayor. the heanngs were contmued to July 30, 1996 I CLOSED SESSION Held at end of meetmg 14-A: APPOINTMENTSIBOARDS AND COMMISSIONS Airport COffirnISSlOn (1) Architectural Review Board (2) Arts ComnllsslOn (5) Bayslde Dlsmct CorporatIOn (4) BUlldmg and Safety (1) CornImSSlOn on the Status of Women (1) Electncal Board of Appeals (1) Housmg ConmnsslOn (1) Landmarks CommiSSIOn (2) Plumbmg & Mechamcal Board of Appeals (1) Socml ServIces CommissIon (2) Vacant unexpired terms Bayslde Distnct CorporatIOn - 1 (exp 6/30/98) Housmg CommlsSlOn - 1 (exp 6/30/98) Landmarks Commlsslon - 1 (exp 6/30/98) The Mayor opened the meetmg for pubhc comment Member of the publIc Robert Given requested support for hiS appoIntment to the AIrport ComrmsslOn I ~vlonon b~- Councllmember Abdo. seconded by Councllmember Genser. to make the appoIntments: to the Arts CommlssIOn thiS evemng The motIOn was approved by VOIce vote. Councllmember Ebner abstammg and Councllmember O'Connor absent fv1ayor Rosenstem announced that the floor would conSider nommaIlons to the Arts CommlsslOn Councllmember Abdo nomInated Mat Kramer. Harnett McCauley. Annette Smunons. Neal Goldberg. and Larrx Shapiro Councllmember Abdo amended her nommatlOn to nommate three Incumbents }..fat Kramer. Harnett McCauley. and i\nnette SImmons Councilmember Genser moved. duly seconded, to appomt Mat Kramer, Hamen McCauley. and Annette Sllnmons by acc1amatlon to the Arts CommISSIOn The motIon was approved by vOIce vote, Councllmember Holbrook opposed. Councllmember Ebner abstammg and Councllmember O'Connor absent Councllmember Abdo nomInated Neal Goldberg There bemg no other nommatlOns. nomm3tlOns were closed Councllmember Abdo moved. duly seconded. to appoint Neal Goldberg by acclamatIOn to the Arts CommiSSIOn The motlOn was approved by vOIce vote, CouncIlmember Holbrook opposed. CouncIlmember Ebner abstaJ.mng. and Councilmember Q" Connor absent I 4 July 16, 1996 I I I 223 Councllmember Holbrook stated. for the record, that he IS not votmg for Mr Goldberg because Zip code 90402 IS nearly unrepresented m boards and commIssIons and yet people contmue to be appomted who eIther do not reSIde III the CIty or who reSide outSIde of zip code 90402 and he does not belIeve that thIs IS a very representatIve boards and comnnSSlOns system CouncIlmember Abdo nommated Larry ShapIro Councilmember Holbrook nommated Ehzabeth Btoom There bemg no other nommatIOns, nommatlOns were closed On a call for the vote. no one nommee receIved a maJonty of votes CouncLlmember Abdo nommated Larry Shapiro CQuncilmember Ebner nommated Elizabeth Bloom NommatlOns were WIthdrawn Councllmember Abdo nommated Lrrry ShapIro Councilmember Holbrook nommated ElIzabeth Bloom There bemg no other nommatIOns. nommal1ons were closed No nominee receIved a maJonty of votes The vacancy was held to July 23, 1996 The Cny Clerk asked for clanficatlon as to whtch of the two remammg seats. held by Bruna Fmkel and Jascha Kessler was bemg filled by !vIr Goldberg The CIty Clerk was dIrected to drm\' stnws and notlf}' the pames mvolved. l\!layor Rosenstem announced that the floor would consider nommatlOns to the Housmg C OnmllSSlOn ~vlaY(lr Rosenstem nommated Lonng Emde There bemg no other nommatIOns. nommatIOns were closed On a call for the vote. Lonng Emlle was appomted to the Housmg CommissIOn for a full term expmng June 30,2000 One appomtment to the Housmg Commisszon was held to the meehng of July 23,1996 A motIon was made::- duly seconded. to make appomtments to the Bayszde DzstrIct Corporatlon thiS evenmg The motIon failed by VOice vote, Councl1members Abdo, Genser. and Mayor Rosenstem opposed Appomtments to the Azrport Commzsszon. Archztectural Revzel-v Board. Bayslde Dzstrzct CorporarlOn. BUIldmg and Safelf' CommzsslOn. Commlsszon on the Status a/Women, Electrzcal Board ofAppals. Landmarks Commzsszon, Plumbmg & Mechamcal Board of Appeals. Soczal Scrl'lces CommISSIOn. and one appomtment to the Arts CommISSIOn and Housmg Commzsszon were held to the meetmg of July 23. 1996 5 July 16. 1996 224 14-B: FIRE SPRINKLERS/SINGLE FAMILY HOMES Presented was the request of I CouncIlmember Abdo to dIrect the FIre Department to modIfy the method of Implementmg the ordmance requmng spnnklers m smgle faIntly homes Motion bv'Counctlmember Abdo. seconded bv CouncIlmember Gens~r, to dIrect staff to return wIth a qUlck report on the method of Implementmg the spnnkler ordmance The motIon was unammously approved by VOIce vote. Councllmember O'Connor absent J5: PUBLIC INPUT There were no speakers MotlOn by Councilmember Abdo. seconded by CouncIlmember Holbrook. to add one case of p()tent1a~ litIgatIon to the Closed SeSSIOn The motIon was unammously approved by VOlce vote. Councllmember O'Connor absent 9-A: CLOSED SESSION At 12'05 am. CouncIl adjourned to Closed SeSSIOn for the purpose of conference With Legal Counsel Conference With Legal Counsel - EXIstmg LlUgatIOn. Sohe v CItv of Santa Momca. Supenor Court Case No SC 037802 2 Conference With Legal Counsel- PublIc Employee EvaluatIOn Employee Title CIty Attorney City Manager I ~ .J AntiCIpated lItlgatlOn. One case. No actiOn taken A1 1 05 a ill. CouncIl reconvened WIth all members present except CouncIlmember O'Connor ADJOUR}\;"MENT . At 1 05 am. the meetIng was adjourned III memory of Karl Arnold, member of the MosquIto Abatement Board ATTEST lu~_~~ APPROVED ~~ \.lana ~1 Stewart CIty Clerk Paul Rosenstem Mayor I 6 July 16. 1996