CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 1, 1997
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor O'Connor at 6:42 p.m., on Tuesday,
July 1, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pamela O'Connor
Mayor Pro Tem Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember Rosenstein led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
9-A: DRAFT OPEN SPACE ELEMENT/DRAFT PARKS AND RECREATION MASTER
PLAN/AIRPORT NON-AVIATION LAND USE FEASIBILITY STUDY: Presented
was the staff report recommending approval in concept of the
Draft Open Space Element, Draft Parks and Recreation Master
Plan, and Airport Non-Aviation Land Use Feasibility Study, with
additional staff recommendations, and recommending direction to
City staff to proceed with the required environmental review
for the Open Space Element and Parks and Recreation Master
Plan.
Motion by Councilmember Feinstein, to hear all speakers. The
motion died for lack of a second.
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem
Holbrook, to hear speakers who did not speak at the last
hearing. The motion was unanimously approved by voice vote.
Members of the public Susan White, Jim Lucas, Maureen Tucker,
and Mark Miller spoke in opposition to the use of Joslyn Park
as a dog park.
Member of the public Jean Gebman spoke in support of adding
ballfields in the community.
Members of the public Marshall Siskin and Bryna Skuro requested
as much consideration for additional community gardening space
as possible in all projects, including the airport and other
areas.
Member of the public Joan Vaupen thanked Council and staff for
supporting the Santa Monica City Cultural Arts Master Plan and
the recommendation to maintain the southside designers,
photographers, and other creative arts studios.
Member of the public Brian Ouzounian requested Council to
incorporate the land in the northwest corner of the Santa
Monica Airport into Clover Park.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to hear late speakers. The motion failed on voice
vote, Councilmembers Ebner, Greenberg, Rosenstein, and Mayor
Pro Tem Holbrook opposed.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser with the understanding that some amendments will be
made, to approve in concept the Draft Open Space Element,
including the supplemental report recommendations and language.
Motion by Councilmember Feinstein, accepted as friendly, to
amend the motion to explore the feasibility of either an
overpass or underpass at the intersection of Airport Avenue and
Dewey with the purpose of having it be a viable bicycle and
pedestrian connection. The amendment was accepted as friendly
provided that the amendment be more general and stipulate
merely a pedestrian connection rather than an overpass or
underpass. The motion was approved by voice vote with
Councilmember Greenberg opposed and Councilmember Rosenstein
abstaining.
Motion by Mayor O'Connor, accepted as friendly, to amend the
motion to add language to the establishment of the system of
pathways and linear open spaces recognizing the need for
wheelchair and stroller access.
Motion by Mayor O'Connor, accepted as friendly, to include
language recognizing that there are many private gardens
throughout the City that are in front yards or on easements
that are a gift to the community and contribute to the greening
of the City, and to encourage residents to have such gardens.
The main motion, as amended, was approved by the following
vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: Councilmember Rosenstein
Absent: None
Councilmember Rosenstein requested that the record reflect that
although he agrees with many of the ideas in the Open Space
Element he did not vote for it ultimately because he felt that
it would not be easily understood by average residents of the
community and therefore would not give them a clear idea of the
vision for the City.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to approve in concept the Draft Parks and Recreation
Master Plan.
Motion by Councilmember Greenberg, seconded by Councilmember
Ebner, to amend the motion to add language under the heading
"Off-leash Dog Areas," to relocate the dog park from Joslyn Park
to a permanent site to be determined based upon reports
submitted by staff to Council. The amendment failed by the
following vote:
Ayes: Councilmembers Ebner, Greenberg, Mayor Pro Tem
Holbrook
Noes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Absent: None
Mayor Pro Tem Holbrook requested that the record reflect that
while he believes the idea of a dog park is a good idea, he
feels that its present location is a poor choice.
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to stipulate that the location of off-leash areas in
the City will be determined by Council based upon a plan which
takes into account need, neighborhood compatibility, open space
configuration, and other appropriate conditions; to strike out
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 by Councilmember Genser, accepted as friendly, to amend
the motion to delete all language regarding Pearl Street in the
vicinity of Santa Monica College and John Adams Middle School
and, if deemed appropriate by staff, include substitute general
language applying citywide for a concept to be considered
citywide where feasible and appropriate. Revised language to
read: "To convert public areas, when feasible and appropriate,
in the City to create promenades after appropriate community
process."
On order of the Mayor, the City Council recessed at 9:40 p.m.,
and reconvened at 10:09 p.m., with all members present.
Motion by Councilmember Feinstein, accepted as friendly, to
amend the language relating to the goal expressed of "acquiring
five acres of additional land." be changed "to acquire a
minimum of five acres of land."
The main motion, as amended, was approved by the following
vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg,
Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to approve in concept the Airport Non-Aviation Land Use
Feasibility Study, subject to amendments.
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to proceed with the implementation of Phase I with
the goal of implementing Phase II, or its equivalent, in terms
of usable recreation space, leaving flexibility of how this
will ultimately be accomplished to allow for further
consideration of the remaining concerns regarding use of non-
aviation land at the airport.
Motion by Councilmember Greenberg, accepted as friendly, to
create some kind 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).
Councilmember Rosenstein introduced the consideration of artist
live/work space within the proposed plan. After considerable
discussion, it was the consensus that the matter would be
included and analyzed as part of the environmental impact
report process.
Mayor Pro Tem introduced the matter of the possibility of
finding an alternate site, in the event of a change in the use
of the area, for the monthly Antique Fair being held at the
airport. Staff advised the concern would be addressed.
The main motion, as amended, was approved by the following
vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to continue the meeting past 11:00 p.m. The motion
was approved by voice vote, Councilmember Ebner opposed.
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, that Policy 1.5 of the Open Space Element be
modified to apply to the City in general, consistent with the
language included in the Master Plan. The motion was
unanimously approved by voice vote.
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, to modify the Recreation and Parks Master Plan to
include language that there shall be an evaluation of the site
on the northwest corner of the airport for purposes of open
space, taking into consideration a variety of factors
consistent with the airport operations and necessary public
process.
Motion by Councilmember Ebner to amend the motion to include a
stipulation that the above would be subject to the state and
federal constitutions. Discussion ensued after which
Councilmember Ebner withdrew her motion.
The above main motion was approved by voice vote with
Councilmember Ebner abstaining.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to ask the City Manager to return to Council with a
plan to develop a community process for considering a ballot
measure for parks in 1998. The motion was unanimously approved
by voice vote.
13-A: CAROLANNE SUDDERTH/MAIN STREET COMMUNITY GARDENS/FIRST
ANNUAL OPEN HOUSE/JUNE 29, 1997: Presented was the request of
Carolanne Sudderth, representing Main Street Community Gardens,
to address Council regarding their first Annual Open House
which was held on Sunday, June 29, 1997. Information was
received and filed.
14-A: LETTER OF RESIGNATION/RODNEY PUNT/ARCHITECTURAL REVIEW
BOARD: Motion by Councilmember Greenberg, seconded by
Councilmember Ebner, to accept the letter of resignation of
Rodney Punt from the Architectural Review Board, and authorize
the City Clerk to publish a Notice of Vacancy. The motion was
unanimously approved by voice vote.
15: PUBLIC INPUT: Member of the public Brian Hutchings offered
his subscription to the magazine EIR to the Council and
discussed his attempts to have a "13" item placed on the agenda.
Member of the public John Medlin spoke in support of the Blue
Bus and congratulated Council on the adoption of the budget.
Member of the public Robert Newbold praised Council for its
actions this evening relating to the northwest corner area of
the 2300 block of Pier Avenue.
16: CLOSED SESSION: At 11:26 p.m., Council recessed to Closed
Sessions.
16-A: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Ring Trading Corp. v. City of Santa
Monica, Case No. BC172044.
ACTION: Not heard.
16-B: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Marc Miskey v. City of Santa Monica,
Case No. CV 97-4325.
ACTION: Not heard.
16-C: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Mobil Oil,
Case No. SC778141.
ACTION: Not heard.
16-D: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Miriam Zhito v. City of Santa Monica,
Case No. SC045124.
ACTION: Not heard.
16-E: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Cindy Luff v. City of Santa Monica,
Case No. SC041742.
ACTION: Not heard.
16-F: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Walther,
SC043522.
ACTION: Not heard.
16-G: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Century Southwest Cable Television,
Santa Monica, California,
DA 95-123 (C.S.B., rel. January 31, 1995)
ACTION: Heard, no reportable action taken.
16-H: CLOSED SESSION/CONFERENCE WITH LABOR NEGOTIATOR:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Administrative Team Associates (ATA)
Executive Pay Plan (EPP)
Legal Support Staff Association of Santa
Monica (LSSASM)
Management Team Associates (MTA)
Municipal Employees Association (MEA)
Public Attorneys Union (PAU)
Santa Monica Firefighters Local 1109
(SMFFA)
Santa Monica Police Officers Association
(SMPOA)
Supervisors Team Associates (STA)
United Transportation Union (UTU)
ACTION: Not heard.
16-I: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Anticipated Litigation: Two Cases.
ACTION: Approved the settlement agreement and release,
and authorized the City Manager to negotiate and
execute a settlement agreement with Shell Oil
Products Company, Chevron Products Company, and
any other party wishing to enter into the
agreement, regarding the matter of contamination
of the water at the Charnock Well Field.
ADJOURNMENT: At 12:55 a.m. the meeting was adjourned in memory
of Clo Hoover to July 8, 1997, at 6:30 p.m.
ATTEST: APPROVED:
Maria M. Stewart Pamela O'Connor
City Clerk Mayor