Loading...
M-032195302 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 21, 1995 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Rosenstein at 6:35 P.M., on Tuesday, March 21, 1995, in the Council Chambers. Roll Call: Present: Mayor Paul Rosenstein Mayor Pro Tempore Asha Greenberg (arrived at 6:36 P.M.) Councihmember Ruth Ebner Councihmember Ken Genser Councilmember Pamela O'Connor Councilmember Judy Abdo Absent: Councilmember Robert T. Holbrook Also Present: City Manager John Jalili City Attorney Marsha Jones Moutrie Assistant City Clerk Beth Sanchez Councilmember Ebner led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. Mayor Pro Tempore Greenberg reported present at 6:36 P.M. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Members of the public Joy Fullmer, Elizabeth Hoag, and Colin Petrie addressed items on the Consent Calendar. Councilmember Genser moved to approve the Consent Calendar reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember O'Connor. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers O'Connor, Greenberg, Genser, Ebner, Abdo, Mayor Rosenstein Absent: Councilmember Holbrook 6-A: MINUTES APPROVAL: The City Council minutes of February 7, 21, 28, and March 7, 1995, were approved as submitted. 1 March 21, 1995 303 6-B: UPPER-LEVEL STEPBACK REOUIREMENTS: Ordinance No. 1791(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL' OF THE CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE TO ESTABLISH UPPER-LEVEL STEPBACK REQUIREMENTS IN THE R2, R3, R4, AND R3R ZONING DISTRICTS, AND AMENDING UPPER-LEVEL STEPBACK REQUIREMENTS IN THE BR R3 OVERLAY DISTRICT, "was adopted. 6-C: REGULATION OF MASSAGE TECHNICIANS: Ordinance No. 1792(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.104.030, 6.104.080, 6.104.110 AND 6.104.170 RELATING TO REGULATION OF MASSAGE TECHNICIANS, " was adopted. 6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution No. 8874(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-E: SALARY RATE/MAINTENANCE CREW LEADER: Resolution No. 8875(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF MAINTENANCE CREW LEADER," was adopted. 6-F: U.S. CONSTITUTION DAY PARADE/SEPTEMBER 16 1995: Resolution No. 8876(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE OF SEPTEMBER 16, 1995, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was adopted. 6-G: CERTIFICATION/STATEMENT OF OFFICIAL ACTION/APPEAL/DR 94-006/ARBORETUM DEVELOPMENT AGREEMENT/SUPERMARKET: The Statement of Official Action for the Appeal of Planning Commission denial of DR 94-006 (Arboretum Development Agreement Review of specific buildings) to allow the construction of a supermarket was approved. 6-H: AWARD OF CONTRACT/PICO-KENTER STORM DRAIN HYDROCARBON SENSOR SYSTEM PROJECT: Contract No. 7134(CCS) was awarded to Cecon Company, the lowest responsible bidder, for the installation of the Storm Drain Hydrocarbon Sensor System, in the amount of $209,000 contingent upon the execution of the new Agreement and the City Engineer was authorized to issue any necessary change orders to complete additional work in conformance with the Administrative Instructions on change orders. 6-I: SHORT RANGE TRANSIT PLAN UPDATE/LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY: The City Manager was authorized to file the required Short Range Transit Plan updates with the Los Angeles County Metropolitan 2 March 21, 1995 304 Transportation Authority and the Southern California Association of Governments and to file applications for transit subsidy funds made available by the Los Angeles County Metropolitan Transportation Authority. END OF CONSENT CALENDAR 4-A: PRESENTATION/HUD CERTIFICATES OF APPRECIATION/EARTHQUAKE HOUSING PROGRAM: Mayor Rosenstein presented Certificates of Appreciation from the U. S. Department of Housing and Urban Development regarding Earthquake Housing Program. 7-A: CUP 94-009/EIR 95-001/STATEMENT OF OVERRIDING CONSIDERATIONS/3223 SANTA MONICA BOULEVARD: Presented was the staff recommendation to uphold the appeal and approve Conditional Use Permit 94-009; adopt resolutions certifying Environmental Impact Report 95-001 and adopt the Statement of Overriding Considerations at 3223 Santa Monica Boulevard (auto dealership with service bays). Applicant: Shahab Ghods. Appellants: Judy Abdo and Kelly Olsen. There was no presentation by the appellants. Applicant Shahab Ghods spoke in support of the staff report, with the exception of Condition No. 70, which mitigations will be offered to the City of Los Angeles. Council asked questions of Mr. Ghods. Member of the public Joy Fullmer expressed her concerns. Councilmember Genser moved to hear a late speaker. Second by Councilmember Abdo. The motion was unanimously approved, Councilmember Holbrook absent. Member of the public Eveline Leigner expressed her concern with the condition of the intersection at Centinela. Applicant Shahad Ghods presented a rebuttal. Council asked questions of staff. Mavor Pro Tempore Greenber¢ moved to uphold the appeal and approve the CUP with the modification that the offer to the City of Los Angeles as outlined in Condition No. 70 be done when the Certificate of Occupancy is granted. Second by Councilmember Ebner. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, O'Connor, Mayor Rosenstein Absent: Councilmember Holbrook Mayor Pro Tempore Greenberg moved to adopt Resolution No. 8877(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE CHEVROLET/GEO AUTOMOBILE DEALERSHIP AT 3223 .SANTA MONICA BOULEVARD," and Resolution No. 8878(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING CEQA FINDINGS NECESSARY TO APPROVE CHEVROLET/GEO DEALERSHIP AT 3223 SANTA MONICA BOULEVARD AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION," reading by title only and waiving further reading thereof. Second by Councilmember Ebner. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, O'Connor, Mayor Rosenstein Absent: Councilmember Holbrook 3 March 21, 1995 305 8-A: ORDINANCE/REOUIItED PARKING SPACES/COMMON SUBTERRANEAN PARKING STRUCTURES: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 9.04.10.08.190 and 9.04.10.08.200 regarding location of required parking spaces and common subterranean parking structures. At 7:08 P.M., Mayor Rosenstein declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Rosenstein closed the public hearing at 7:09 P.M. Mayor Pro Tempore Greenber¢ moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.10.08.190 AND 9.04.10.08.200 REGARDING COMMON SUBTERRANEAN PARKING STRUCTURES AND LOCATION OF REQUIRED PARKING SPACES, "reading by title only and waiving further reading thereof. Second by Councilmember Ebner. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers O'Connor, Greenberg, Genser, Ebner, Abdo, Mayor Rosenstein Absent: Councilmember Holbrook 9-A: PROHIBITION OF DEVICES WITH WHEELS/THIltD STREET PROMENADE/ PUBLIC PARKING STRUCTURES/DOUGLAS PARK/LINCOLN PARK: Presented was the staff report recommending adoption of a resolution pursuant to Santa Monica Municipal Code Sections 3.12.590, 3.12.600 and 3.12.610 to prohibit the use of roller skates, skateboards, and similar devices with wheels on the Third Street Promenade, in public parking structures, in Douglas Park and Lincoln Park. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Members of the public Jacob Goldman, Gerald Goldman, Richard Grossi, Robert Wright, and Tommy and Ryan spoke in opposition to the proposed prohibitions. Member of the public Casey Ure spoke in support of the proposed prohibitions. Member of the public Jerry Rubin spoke in opposition to the proposed prohibitions and suggested the adoption of a reckless skating law. Councilmember Abdo moved to hear late speakers. Second by Councilmember O'Connor. The motion was unanimously approved, Councilmember Holbrook absent. Members of the public Harry Perry, Sherry Leadmon, and Mike Feinstein spoke in opposition to the proposed prohibitions and suggested the adoption of a reckless skating law. Member of the public Randall Ott spoke in opposition to the proposed prohibitions. Council asked questions of staff. Discussion was held. Councilmember O'Connor moved to direct staff to investigate options such as a citywide reckless skating ordinance (with an emphasis on parks and the Third Street Promenade) to determine application and enforcement issues and investigate the opportunities for after school activities for children and how the parks play a part in that activity. Second by Councilmember Abdo. Council asked questions of staff. Discussion was held. Mayor Pro Tempore Greenbere moved a substitute motion to have a total ban on skateboards, and similar devices, in the parking structures; ask staff to investigate whether or not there are areas in Lincoln Park and Douglas Park which could be set aside for skating; ask staff ,to investigate a reckless skating ban on the Promenade and determine a definition for "reckless skating" (including flips, backward skating, etc.) which would be either an infraction or a misdemeanor, depending upon how the City would like to charge it; and ask 4 March 21, 1995 306 staff to conduct discussions- with the schools to determine if there is some way for the schools to allow skating and bicycling on the school grounds. Second by Councihnember Genser. Councihnember O'Connor withdrew her motion. Councilmember Genser moved to amend the motion with regard to skating in the parks that a stipulation be made as to where skating should be prohibited rather than where it should be allowed. Discussion was held. Councilmember Genser withdrew his amendment. Councilmember Genser moved to amend the motion to investigate the prohibition of skateboards on the Promenade. The motion was accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, O'Connor Negative: Mayor Rosenstein Absent: Councilmember Holbrook At 8:52 P.M., Council adjourned for a short recess. Council reconvened at 9:11 P.M. with all members present. 9-B: SETTLEMENT AGREEMENT/NATIONAL MEDICAL ENTERPRISE: Presented was the staff report recommending authorization for the City Manager to negotiate and execute a settlement agreement with National Medical Enterprise. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Members of the public Mat Millen, Peter Tigler, and Chris Harding spoke in support of the staff recommendation. Member of the public Merritt Coleman addressed items in the staff report. Member of the public Sabine Schlosser spoke in support of a fair settlement. Discussion was held. Councilmember Genser moved to enforce the provisions for the community room in the existing development agreement. The motion died for lack of a second. Councilmember Abdo moved to accept National Medical Enterprise's settlement proposal; direct staff to work with the Pico Neighborhood Association and Mid-City Neighbors to develop an acceptable plan for use of these funds; and long-term park planning efforts include strategies for enhancing parks and open space in the impacted neighborhoods. Second by Mayor Pro Tempore Greenberg. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers O'Connor, Greenberg, Ebner, Abdo, Mayor Rosenstein Negative: Councilmember Genser Absent: Councilmember Holbrook 9-C: CLOSED SESSION: Held at end of meeting. g March 21, 1995 307 14-A: REVIEW STANDARDS/ZONING ORDINANCE/PEDESTRIAN ORIENTATION/ NEW BUILDINGS AND REMODELS: Presented was the request of Mayor Rosenstein to discuss directing staff to review possible standards for the Zoning Ordinance to improve pedestrian orientation of new buildings and remodels of existing buildings in appropriate zones of the City. Discussion was held. Mayor Rosenstein moved to ask staff to return with a remedy for ensuring that retail facilities on commercial strips are pedestrian oriented and pedestrian friendly. Second by Councilmember Genser. The motion was approved, Councilmember Ebner opposed, Councilmember Holbrook absent. 14-B: SUPPORT OF SB335/PROVISION OF MINIMUM SECURITY/APARTMENTS: Presented was the request of Councilmember O'Connor to discuss support of SB335, which requires that apartment owners provide minlnum security in rentals such as, lights, deadbolts, and window locks. Councilmember O'Connor moved to support SB335. Second by Councilmember Abdo. Discussion was held. The motion was approved, Mayor Pro Tempore Greenberg abstained, Councilmember Holbrook absent. 14-C: UPDATE/METHODS OF INCREASING CONTROLS/PURCHASE OF GUN AMMUNITION AND FIItEARMS: Presented was the request of Mayor Rosenstein and Councilmember Abdo to request an update from staff on methods of increasing controls on the purchase of gun ammunition and firearms. Members of the public Joanne Leavitt and Pam Brady spoke in support of the proposal. Councilmember Abdo moved to hear late speakers. Second by Councilnember O'Connor. The motion was unanimously approved, Councilmember Holbrook absent. Members of the public Robert Wright and Joy Fullmer expressed their concerns. Mayor Rosenstein moved to direct staff to return with an ordinance based upon the Pasadena ordinance controlling the sale of ammunition in the City. Council asked questions of staff. Second by Councilmember Abdo. Discussion was held. The motion was unanimously approved, Councilmember Holbrook absent. Councilmember Abdo moved to support the efforts of the coalition and the City be a leader in this coalition for non-violent Santa Monica and ask staff to take steps necessary to move the City in this direction, and ask staff to coordinate this with the school district, the college, and any other institutions. Second by Mayor Rosenstein. Discussion was held. The motion was approved, Councilmember Ebner abstained and Councilmember Holbrook absent. 14-D: CALIFORNIA STATE DEPARTMENT OF JUSTICE/USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Rosenstein to discuss approval of the California State Department of Justice to use the Council Chambers on March 23, 1995, and waiver of customary fee. Mayor Rosenstein moved to approve the California State Department of Justice to use the Council Chambers on March 23, 1995, and waive the customary fee. Second by Councilmember Abdo. The motion was unanimously approved, Councilmember Holbrook absent. 14-E: GUIDELINES/COUNCIL TRAVEL/EXPENSES/USE OF CITY AND COUNCIL STAFF: Presented was the request of Mayor Pro Tempore Greenberg to discuss directing staff to draft guidelines defining the scope of authority of councilmembers as it generally relates to March 21, 1995 308 travel, expenses, and use of city and council staff. Mavor Pro Tempore Greenberg moved to direct staff to draft guidelines with regard to segregating the travel policy for councilmembers from the general city travel policy, the implementation of a small expense account (approximately $150 per year) for councilmembers, the use of city and council staff and resources, and guidelines as to those tasks and provision of information which staff can and cannot perform for councilmembers. Second by Mayor Rosenstein. Discussion was held. The motion was unanimously approved, Councihnember Holbrook absent. 14-F: SUPPORT OF PUBLIC BROADCASTING: Presented was the request of Mayor Rosenstein to adopt a resolution in support of public broadcasting and direct staff to communicate this action to the appropriate authorities. Mayor Rosenstein moved to take a position in support of public financing of public broadcasting and authorize staff to communicate this action to the appropriate authorities. Second by Councihnember Abdo. The motion was unanimously approved, Councilmember Holbrook absent. Councihnember Abdo moved to extend the meeting to 12:00 Midnight. Second by Councilmember O'Connor. The motion was unanimously approved, Councilmember Holbrook absent. 14-G: RESTRIPING/OCEAN PARK BOULEVARD: Presented was the request of Councilmember Ebner to discuss restriping of Ocean Park Boulevard. Members of the public J. Steel, Susan Papadakis, discussed noticing with regard to the restriping of Ocean Park Boulevard. Member of the public Kip Kolodziejski discussed noticing with regard to the restriping of Ocean Park Boulevard and spoke in support of the City's original agreement. Members of the public Mike Feinstein, Frank Gruber, Jane Spiller, Bob Taylor, and Terri Walsh spoke in support of restriping Ocean Park Boulevard. Mavor Pro Tempore Greenbere moved to hear a late speaker. Second by Councilmember Genser. The motion was unanimously approved, Councilmember Holbrook absent. Member of the public Pauline Bohannon spoke in support of restriping Ocean Park Boulevard. Councilmember Ebner moved to direct staff to explore means of getting notice to the citizens from the city about any kind of neighborhood traffic plan that would impact the neighborhood and asked that staff determine the cost to send notices directly and the cost to the city to send notices through the neighborhood organizations. Second by Councilmember Abdo. Council asked questions of Councilmember Ebner. Discussion was held. The motion was withdrawn. 14-H: COUNCIL TRAVEL ALLOWANCE/CALIFORNIA EXECUTIVE ACADEMY: Presented was the request of Mayor Pro Tempore Greenberg for approval of Council Travel Allowance to attend the California Executive Academy, sponsored by the Governor's Office of Intergovernmental Affairs, to be held on April 12 and 13, 1995, in Sacramento. Mayor Pro Tempore Greenberg moved to approve the attendance of any councilmember who so desires to attend the California Executive Academy be allowed to utilize Council Travel Allowance. Second by Councilmember Genser. The motion was unanimously approved, councilmembers Ebner and Holbrook absent. '7 March 21, 1995 309 15: PUBLIC INPUT: Member of the public Toy Fulhner expressed her concerns on various issues. Member of the public Pro Se discussed the City's water policy as it applies to low income seniors and low income disabled persons. 9-C: CLOSED SESSION:. At 11:52 P.M., Council adjourned to Closed Session for conference with Legal Counsel with regard to the following: 1. Santa Monica Housine Council v. City of Santa Monica, LASC #SS005191; 2. Watergarden Association v. City Council, et al., LASC #BS032737; 3. Friends of Sunset Park v. Citv of Santa Monica, LASC #BS032734; 4. In the Matter of Michael Landis and City of Santa Monica, Case No. 571-34- 9935-L-61721. Not discussed. No action was taken. At 12:34 A.M., Council reconvened, Councihnember Holbrook absent. ADJOURNMENT: At 12:36 A.M., the meeting was adjourned in memory of Langdon Bower. ATTEST: ~~~~ Beth Sanchez Assistant City Clerk APPROVED: 4~ Paul Rosenstein Mayor 8 March 21. 1995