CITY OF SANTA MONICA

CITY COUNCIL MINUTES

MAY 19, 1998

An adjourned regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:25 p.m., on Tuesday, May 19, 1998, in the Council Chambers.

Roll Call: Present: Mayor Robert T. Holbrook

Councilmember Ruth Ebner

Councilmember Michael Feinstein

Councilmember Ken Genser

Councilmember Paul Rosenstein

Absent: Councilmember Asha Greenberg

Mayor Pro Tem Pam O'Connor

Also Present: City Manager John Jalili

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

CLOSED SESSIONS: At 6:25 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Legal Counsel - Existing Litigation: Albert Steichen, et al. v. City of Santa Monica, Case No. SC 041 545.

ACTION: No reportable action taken.

16-B: Conference with Legal Counsel - Existing Litigation: Roseman v. City of Santa Monica, Case No. SS 007045.

ACTION: No reportable action taken.

16-C: Conference with Legal Counsel - Existing Litigation: Wil-Fourth Partnership v. City of Santa Monica, LASC Case No. BC 045458.

ACTION: Not heard.

16-D: Conference with Legal Counsel - Existing Litigation: Charmont Partners, Ltd. v. City of Santa Monica, LASC Case No. SS 007397.

ACTION: Not heard.

16-E: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of Santa Monica, LASC Case No. BC 172044.

ACTION: Not heard.

16-F: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director

Bargaining Unit: Santa Monica Police Officers Association (SMPOA)

ACTION: See agenda item 12-A.

RECONVENE - PLEDGE Council reconvened at 7:14 p.m., with all Councilmembers present. Mayor Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

8: ORDINANCES:

8-A: INTERIM ORDINANCE FOR SECOND DWELLING UNITS IN THE R1 AND OP1 DISTRICTS: Presented for introduction and first reading was an interim ordinance allowing second dwelling units in the R1 and OP1 Zoning Districts under specified circumstances clarifying the allowance of second units in multi-family residential districts and specifying standards for second units. Staff Report

On order of the Mayor, the public hearing was opened. Member of the public Joey Fullmer expressed her concerns. The following members of the public spoke in opposition to the proposed ordinance: James Isaacs, Hank Koning, Lou Moench, A. J. Jarasunas, and David Rosman.

There being no other speakers, the Mayor closed the public hearing. Discussion ensued on concerns raised by the speakers.

Motion by Councilmember Genser, seconded by Councilmember Rosenstein, to continue this item to the meeting of May 26, 1998. The motion was unanimously approved by voice vote, Councilmember Greenberg and Mayor Pro Tem O'Connor absent.

8-B: ORDINANCE TO ESTABLISH PREFERENTIAL PARKING ZONES ON PEARL STREET BETWEEN EUCLID STREET AND 11TH STREET AND ON STEWART STREET BETWEEN PICO BOULEVARD AND KANSAS AVENUE: Presented for introduction and first reading was an ordinance to establish Preferential Parking Zones NN and PP; and to approve the negative declarations for each proposed zone. Staff Report

On order of the Mayor, the public hearing was opened. Member of the public Joey Fullmer expressed her concerns. Member of the public Clarence-Jon Heisler spoke in support of the proposed ordinance and suggested waiving the annual fee for residents.

Members of the public Gustavo Garcia and Ken Ward spoke in support of the proposed ordinance.

There being no other speakers, the Mayor closed the public hearing.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to approve the negative declarations for proposed Preferential Parking Zones NN and PP, and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 3.08.520 AND 3.08.540 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONES NN AND PP," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Rosenstein, Ebner, and Mayor Holbrook

Noes: None

Absent: Councilmember Greenberg, Mayor Pro Tem O'Connor

8-C: ORDINANCE TO DESIGNATE PREFERENTIAL PARKING ZONES BY RESOLUTION: Presented for introduction and first reading was an ordinance of the City Council amending Section 3.08.030 of the Municipal Code to designate preferential parking zones by resolution. Staff Report

On order of the Mayor, the public hearing was opened. Member of the public Joey Fullmer expressed her concerns. The following members of the public spoke in support of the proposed ordinance: Janina Krupa, Susan Henderson, and Stefani Uhler.

There being no other speakers, the Mayor closed the public hearing.

Motion by Councilmember Feinstein, seconded by Councilmember Rosenstein, to approve the procedure changes outlined in the staff report, and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3.08.030 OF THE SANTA MONICA MUNICIPAL CODE TO AMEND THE PROCESS BY WHICH A PREFERENTIAL PARKING ZONE IS ESTABLISHED," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Genser, Feinstein, and Mayor Holbrook

Noes: None

Absent: Councilmember Greenberg, Mayor Pro Tem O'Connor

8-D: CLARIFICATION OF DEFINITION OF A LEGAL NONCONFORMING USE ORDINANCE: The ordinance was presented for second reading and adoption. Staff Report

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to hear speakers for this item. The motion was approved by voice vote, Councilmember Ebner opposed, Councilmember Greenberg and Mayor Pro Tem O'Connor absent.

Member of the public Sylvia Schniad urged Council to table this ordinance for reconsideration. Member of the public Taylor Uhler spoke in opposition to the proposed ordinance.

Motion by Councilmember Rosenstein, seconded by Councilmember Ebner, to adopt Ordinance No. 1911(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.18.030 TO CLARIFY THE DEFINITION OF A LEGAL NONCONFORMING USE AND SECTION 9.04.18.040 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW FOR THE CONTINUED USE OF NEIGHBORHOOD SERVING COMMERCIAL, GENERAL OFFICE AND MEDICAL BUILDINGS AND USES LOCATED ON RESIDENTIALLY ZONED PARCELS AS OF 1982 AND AUTOMOBILE DEALERSHIP BUILDINGS AND USES WHICH ARE LOCATED ON RESIDENTIALLY ZONED PARCELS," on second reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Feinstein, Mayor Holbrook

Noes: Councilmember Genser

Absent: Councilmember Greenberg, Mayor Pro Tem O'Connor

Councilmember Ebner was excused at 9:34 p.m.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to direct staff to work with the neighbors and affected dealers to try and develop standards to make dealers and neighborhoods more compatible with each other and report back on a six-month basis on the status of that effort. The motion failed by the following vote:

Ayes: Councilmembers Genser, Feinstein

Abstain: Councilmember Rosenstein

Noes: Mayor Holbrook

Absent: Councilmembers Ebner, Greenberg, Mayor Pro Tem O'Connor

MOTION TO HEAR SPEAKER OUT OF ORDER

Motion by Councilmember Feinstein, seconded by Councilmember Rosenstein, to hear member of the public Pro Se at this time. The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Mayor Pro Tem O'Connor absent.

Member of the public Pro Se discussed accessibility and safety issues as relates to Community Corporation.

8-E: REGULATION AND GRADING OF PUBLIC EATING PLACES (RESTAURANTS) ORDINANCE: The ordinance was presented for second reading and adoption. Staff Report

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Ordinance No. 1912(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5.05 TO THE SANTA MONICA MUNICIPAL CODE REGULATING PUBLIC EATING PLACES," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Holbrook

Noes: None

Absent: Councilmembers Ebner, Greenberg, Mayor Pro Tem O'Connor

9-A: PROPOSED COUNCIL RULES REGARDING TRAVEL AND RESOURCES AVAILABLE: Presented was the staff report recommending adoption of a resolution regarding Council travel, staff assistance, and other resources available. Staff Report

On order of the Mayor, the public hearing was opened. Member of the public Joey Fullmer expressed her concerns.

There being no other speakers, the Mayor closed the public hearing.

Motion by Councilmember Feinstein, seconded by Councilmember Rosenstein, to adopt Resolution No. 9270(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND EXPANDING RESOLUTION NUMBER 5532(CCS) REGARDING TRAVEL BY COUNCIL MEMBERS TO INCLUDE CITY COUNCIL GUIDELINES AND STANDARDS REGARDING COUNCIL TRAVEL, STAFF ASSISTANCE FOR AND OTHER RESOURCES AVAILABLE TO COUNCIL MEMBERS," amended as follows: Section 1B amended as follows: "... In the event a Councilmember is a member of the board or committee of one of the above- mentioned organizations and is required to attend additional out-of-City meetings, the Council may consider an additional one-time allocation..."

Motion by Councilmember Genser, accepted as friendly, to amend the motion to insert a new subsection F in Section 3 and renumber the subsequent subsections as follows: "F. Publications, professional journals, and other written, audio or video materials required by a Councilmember to conduct City business, as long as all materials are paid for from the Councilmember's budget allocation."

Motion by Councilmember Genser, accepted as friendly, to amend the motion to include travel expenses within the City of Santa Monica in Section 1E (Prohibited Expenses).

Motion by Councilmember Genser, accepted as friendly, to amend the motion to add Section III(J)(4), and renumber subsequent subsections, as follows: "All documents using City letterhead should be considered a public document; as such, documents shall be provided to the City Council office manager."

The motion, as amended, was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor Holbrook

Noes: None

Absent: Councilmembers Greenberg, Ebner, Mayor Pro Tem O'Connor

12-A: MEMORANDUM OF UNDERSTANDING WITH THE SANTA MONICA POLICE OFFICERS ASSOCIATION: Presented was the staff report recommending adoption of a resolution approving a 2% cost of living increase retroactive to July 1, 1997, and a 1% increase retroactive to January 1, 1998, and approval of a contract with the Santa Monica Police Officers Association.

Member of the public Joey Fullmer expressed her concerns.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to adopt Resolution No. 9271(CCS) approving the Memorandum of Understanding with the Santa Monica Police Officers Association, and approve Contract No. 7226(CCS). The motion was approved by the following vote:

Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Holbrook

Noes: None

Absent: Councilmembers Ebner, Greenberg, Mayor Pro Tem O'Connor

14-A: LOS ANGELES COUNTY WEST VECTOR CONTROL VACANCY: Matter continued to May 26, 1998.

14-B: COMMISSION ON OLDER AMERICANS VACANCY: Matter continued to May 26, 1998.

14-C: BAYSIDE DISTRICT CORPORATION VACANCIES: Matter continued to May 26, 1998.

14-D: RESIGNATION FROM BAYSIDE DISTRICT CORPORATION: Motion by Councilmember Feinstein, seconded by Councilmember Genser, to accept with regrets the letter of resignation of Joel McLafferty from the Bayside District Corporation and direct the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Mayor Pro Tem O'Connor absent.

14-E: FUNDING FOR FIREWORKS DISPLAYS TO THE "CELEBRATE AMERICA" CONCERT PROGRAM: Presented was the request of Mayor Holbrook to discuss an increase in funding of $5,000 for fireworks displays to the "Celebrate America" Concert Program to be held on Friday, July 3, 1998, at Santa Monica City College.

Member of the public Brian Hutchings expressed his concerns.

Motion by Councilmember Feinstein, seconded by Mayor Holbrook, to approve an increase in funding of $5,000 for fireworks displays to the "Celebrate America" Concert Program to be held on Friday, July 3, 1998, at Santa Monica City College. The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Mayor Pro Tem O'Connor absent.

14-F: RESIGNATION FROM SOCIAL SERVICES COMMISSION: Motion by Councilmember Feinstein, seconded by Mayor Holbrook, to accept with regrets the letter of resignation of Ralph Sanchez from the Social Services Commission and direct the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Mayor Pro Tem O'Connor absent.

15: PUBLIC INPUT: Member of the public Pat Gordon discussed issues relating to Palisades Park; made suggestions for accommodations for blind people in the parks; suggested wind chimes in the parks; and discussed the need for a landscape architect for the parks.

ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 10:20 p.m., to May 26, 1998, at 6:15 p.m.

ATTEST: APPROVED:

Maria M. Stewart,

City Clerk

Robert T. Holbrook,

Mayor