CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 12, 1994
A regular meeting of the Santa Monica City Council was called to
order by Mayor Abdo at 6:43 P.M. on Tuesday, April 12, 1994, in
the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
(arrived at 6:53 P.M.)
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Clarice E. Dykhouse
Councilmember Rosenstein led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
4-A: PROCLAMATION/DAY WITHOUT VIOLENCE: Mayor Abdo presented
a proclamation declaring April 16, 1994, as a "Day Without
Violence," in the City of Santa Monica and the County of Los
Angeles.
4-B: PROCLAMATION/NATIONAL LIBRARY WEEK: Mayor Abdo presented
a proclamation declaring the week of April 17-23, 1994, as
"National Library Week" in the City of Santa Monica.
Councilmember Holbrook reported present at 6:53 P.M.
At 6:55 P.M., a Special City Council/Housing Authority Joint
Meeting was convened.
Housing Authority
Roll Call:Present: Chair Judy Abdo
Vice Chair Antonio V zquez
Commissioner Ken Genser
Commissioner Asha Greenberg
Commissioner Robert T. Holbrook
Commissioner Kelly Olsen
Commissioner Paul Rosenstein
Also Present: Secretary John Jalili
Authority Attorney Marsha Moutrie
Authority Clerk Clarice E. Dykhouse
HA-1: MINUTES: Commissioner Holbrook moved to approve the
Housing Authority minutes of March 8, 1994. Second by
Commissioner Greenberg. The motion was unanimously approved.
CC/HA-2: ANNUAL CONTRIBUTIONS CONTRACTS/EMERGENCY HOUSING
ASSISTANCE CERTIFICATES: Presented was the staff report
recommending adoption of a resolution authorizing the Executive
Director to execute the Annual Contributions Contracts for 65
emergency housing assistance certificates. Commissioners asked
questions of staff. Member of the public Joy Fullmer expressed
her concerns. Commissioner Holbrook moved, on behalf of the
Housing Authority, to adopt Resolution No. 62(HAS) entitled:
"A RESOLUTION OF THE SANTA MONICA HOUSING AUTHORITY AUTHORIZING
THE EXECUTIVE DIRECTOR TO EXECUTE THE ACC FOR 65 EMERGENCY
CERTIFICATES," reading by title only and waiving further
reading thereof. Second by Vice Chair V zquez. The motion was
approved by the following vote:
Housing Authority vote:
Affirmative: Commissioners Genser, Greenberg,
Holbrook, Olsen, Rosenstein, V zquez,
Chair Abdo
Councilmember Holbrook moved, on behalf of the City Council, to
approve FY 1993/94 budget changes set forth in the staff
report. Second by Mayor Pro Tempore V zquez. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
CC-3: HOME TRUST FUND GUIDELINES: Presented was the staff
report recommending approval of the HOME Trust Fund Guidelines
and designating Community Corporation of Santa Monica as the
Community Housing Development Corporation authorized to receive
HOME set-aside funds. Council asked questions of staff.
Member of the public Geraldine Moyle presented herself for
questions and subsequently answered questions of Council.
Member of the public Joy Fullmer expressed her concerns.
Councilmember Genser moved to approve the HOME Trust Fund
Guidelines and designate Community Corporation of Santa Monica
as the Community Housing Development Corporation (CHDO)
authorized to receive HOME set-aside funds, with the addition
to request staff to include policy language stating that the
City shall endeavor to ensure that housing funded under this
program will be disbursed throughout the City. Second by
Councilmember Holbrook. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
At 7:05 P.M., the Special City Council/Housing Authority
Special Joint Meeting was adjourned and the City Council
Meeting was reconvened.
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 Craig Heard, Joy Fullmer, and Ron Taylor discussed
items on the Consent Calendar. Mayor Pro Tempore V zquez moved
to approve the Consent Calendar, with the exception of Item
Nos. 6-B, 6-F, and 6-H, reading resolutions and ordinances by
title only and waiving further reading thereof. Second by
Councilmember Holbrook. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
6-A: MINUTES APPROVAL: The minutes of City Council meeting of
March 22, 1994, were approved as submitted and minutes of the
meeting of March 29, 1994, were approved as corrected.
6-C: FINAL SUBDIVISION MAP/TRACT NO. 51036/TPC-184/1431
STANFORD STREET: Resolution No. 8741(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
51036 AT 1431 STANFORD STREET," was adopted thereby approving a
6-unit tenant-participating conversion project at 1431 Stanford
Street.
Staff Report
6-D: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/DENIAL/TEXT
AMENDMENT 92-011/GARAGE ACCESSORY BUILDINGS: The Certification
of the Statement of Official Action for the denial of Text
Amendment 92-011 to modify the development standards related to
garage accessory buildings was approved.
Staff Report
6-E: AWARD OF CONTRACT/CANOPY SOFFIT/LIGHTING FIXTURES/CIVIC
AUDITORIUM: Contract No. 7007(CCS) was awarded to T & J Field
Construction, Inc. in the amount of $67,225 for the
construction of a canopy soffit and installation of lighting
fixtures at the Civic Auditorium.
Staff Report
6-G: AWARD OF BID/CNG POWERED SEDAN: Bid #2482 was awarded to
Prestige Ford in the amount of $25,164.44 for a CNG powered
sedan for the Cemetery Division of the General Services
Department.
Staff Report
6-I: LEASE/AIR CAPITAL, INC./SANTA MONICA AIRPORT: Contract
No. 7008(CCS) was executed with Air Capital Inc. for hangar
space at Santa Monica Airport.
Staff Report
6-J: LEASE/BILL'S AIRPLANE AND REPAIR/SANTA MONICA AIRPORT:
Contract No. 7009(CCS) was executed with Bill's Airplane and
Repair Inc. for hangar space at Santa Monica Airport.
Staff Report
6-K: SHORT RANGE TRANSIT PLAN: The City Manager was
authorized to file updates to the Short Range Transit Plan and
apply for funds.
Staff Report
END OF CONSENT CALENDAR
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Council asked
questions of staff. Discussion was held. Councilmember Genser
moved to adopt Resolution No. 8740(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY,"
reading by title only and waiving further reading thereof, with
the addition to ask staff to report back on the issue of
homelessness and make changes deemed appropriate when the
resolution is considered again. Second by Mayor Pro Tempore
V zquez. Discussion was held. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
6-F: AWARD OF BID/GATEWAY OUTDOOR ADVERTISING/ADVERTISING
CONCESSION: Council asked questions of staff. Mayor Pro
Tempore V zquez moved to continue the item and reopen the bid
to add a provision to show preference for the use of women and
minority contractors. Second by Councilmember Olsen.
Discussion was held. Councilmember Genser moved a substitute
motion to award Bid #2483 to Gateway Outdoor Advertising Co.,
based on their proposal, and to authorize the City Manager to
execute a contract with Gateway Outdoor Advertising Co., for
the transit bus advertising concession. Second by
Councilmember Greenberg. Discussion was held. The substitute
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Rosenstein, Mayor Abdo
Negative: Councilmembers Olsen, V zquez
Mayor Pro Tempore V zquez requested that the record reflect
that he voted "no" on this item and it had nothing to do with
who is the highest bidder but rather a policy issue in that the
City will be giving up a contractor that is currently operating
a business using minority-owned subcontractors for 30% of the
contract.
Councilmember Genser moved to direct staff to report back to
Council as soon as possible and make recommendations as
appropriate to look at provisions to make the bidding process
more conducive to reaching the goals which are on record that
some benefits are given to women- and minority-owned businesses
and to review possible incentives. Second by Mayor Pro Tempore
V zquez. The motion was unanimously approved.
6-H: AWARD OF BID/MANERI SIGN COMPANY/HIGH INTENSITY STREET
NAME SIGNS: Discussion was held. Councilmember Genser moved
to delay award of this bid for 90 days. Second by Mayor Abdo.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
At 8:26 P.M., Council adjourned for a short recess. Council
reconvened at 8:50 P.M. with all members present.
7-A: APPEAL/DENIAL OF TEXT AMENDMENT 93-001/CUP 93-001/1703-
1715 OCEAN FRONT WALK: Presented was the appeal of Planning
Commission recommendation of denial of Text Amendment 93-001;
Conditional Use Permit 93-001 at 1703-1715 Ocean Front Walk
(previously referenced as 1702 Appian Way). Applicant/
Appellant: Santa Monica Hotel Associates, Ltd. Council asked
questions of staff. George Caplan, speaking on behalf of the
applicant/appellant spoke in support of the appeal but advised
Council that he is not speaking in support of a Text Amendment.
Council asked questions of the applicant/appellant. Member of
the public Susan Whittle discussed accommodations promised by
the developer addressing concerns of surrounding neighbors.
Member of the public Stephanie Barbanell spoke in support of
the Bed and Breakfast project with certain reservations and
recommendations. Member of the public Leigh Kavanaugh spoke in
support of the Bed and Breakfast project. George Caplan
presented a rebuttal. Council asked questions of staff.
Councilmember Rosenstein moved to refer this item back to the
Planning Commission and they have the power to make the final
decision unless it is appealed to Council; that Council advise
the Planning Commission that the plan as presented to Council
this evening appears to be superior to the other plans and the
condominium option; ask the Planning Commission to determine
the Proposition S questions; ask the Planning Commission to
consider any other appropriate conditions of approval that
would be wise to make with this project. Second by
Councilmember Greenberg. Council asked questions of staff.
Discussion was held. Councilmember Genser moved to amend the
motion to neutralize the language with regard to the project
being presented as being better than the project which was
originally presented and to direct the Planning Commission to
work with the City Attorney's office and the Planning staff to
make an analysis as to how this project, or any subsequent
modifications of it, conforms or does not conform to
Proposition S. The motion was accepted as friendly.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
8-A: PROHIBITION OF HOME OCCUPATION PERMITS AND BUSINESS
LICENSES/FIREARMS: Presented was an emergency ordinance for
introduction and adoption prohibiting home occupation permits
and business licenses for the sale, transfer, or lease of
firearms or munitions in any residential district, providing
for the revocation of existing permits, establishing a
Conditional Use and police permit system. Council asked
questions of staff. At 10:23 P.M., Mayor Abdo declared the
public hearing open. Member of the public Joy Fullmer
expressed her concerns. Mayor Abdo closed the public hearing
at 10:26 P.M. Councilmember Olsen moved to adopt Ordinance No.
1735(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROHIBITING HOME OCCUPATION PERMITS AND
BUSINESS LICENSES FOR THE SALE, TRANSFER, OR LEASE OF FIREARMS
OR MUNITIONS IN ANY RESIDENTIAL DISTRICT, PROVIDING FOR THE
REVOCATION OF EXISTING PERMITS, ESTABLISHING A CONDITIONAL USE
AND POLICE PERMIT SYSTEM AND DECLARING THE EXISTENCE OF AN
EMERGENCY," reading by title only and waiving further reading
thereof. Second by Mayor Pro Tempore V zquez. Councilmember
Olsen moved to amend the motion to add a SECTION 5(g) as
follows: "The proposed use is not within 1,500 feet of any
other similar use, any daycare facility or any elementary,
middle, junior, or high school." The motion was accepted as
friendly. Council asked questions of staff. Discussion was
held. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
Councilmember Olsen moved to work with Alcohol, Tobacco, and
Firearms and notify them, as well as the Department of Justice,
that this ordinance has been adopted and then compile for them
a list of individuals whom the City knows are operating outside
the City of Santa Monica ordinances and to work with ATF to
contact these people and ask them to comply with the City
ordinance and to use the City of Oakland security standards as
guidelines for the City of Santa Monica ordinance. Second by
Councilmember Genser. Discussion was held. The motion was
unanimously approved.
9-A: CLOSED SESSION: Held at end of meeting.
10-A: NONDISPOSAL FACILITY ELEMENT: Presented was the public
hearing regarding the Nondisposal Facility Element which
describes the solid waste facilities and programs that will
implement the state's diversion goal and fulfill AB3001
reporting requirements and adoption of a resolution. At 10:35
P.M., Mayor Abdo declared the public hearing open. Member of
the public Joy Fullmer expressed her concerns. Mayor Abdo
closed the public hearing at 10:36 P.M. Councilmember
Greenberg moved to adopt Resolution No. 8743(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE NONDISPOSAL FACILITY ELEMENT WHICH DESCRIBES THE
SOLID WASTE FACILITIES AND PROGRAMS WHICH WILL IMPLEMENT THE
STATE'S DIVERSION GOAL AND FULFILL AB3001 REPORTING
REQUIREMENTS," reading by title only and waiving further
reading thereof. Second by Councilmember Holbrook. The motion
was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
13-A: ARTHUR MORTELL/TYPE 42 LICENSE: Presented was the
request of Arthur Mortell to address Council regarding his Type
42 license and Conditional Use Permit. Council asked questions
of staff. Councilmember Genser moved to request staff to draft
an amendment to the Municipal Code, under the subject of the
earthquake emergency ordinance, that would allow for the
transfer of this permit to 123 Broadway, subject to the
elimination of the CUP at the current location; if possible,
draft this requirement very narrowly so that it only applies to
this type of use and return with a recommendation. Second by
Councilmember Rosenstein. Council asked questions of staff.
Councilmember Rosenstein moved to amend the motion to request
that this be brought back to Council and Planning Commission at
the respective body's last meeting in May. Councilmember
Genser agreed to amend his motion to direct that this amendment
be brought back as soon as possible. Discussion was held. The
motion was unanimously approved.
14-A: APPOINTMENT OF MEMBER/PIER RESTORATION CORPORATION:
Mayor Abdo announced that the floor would consider nominations
to fill vacancies of members to the Pier Restoration
Corporation. Councilmember Rosenstein nominated Rich Casale
for a term ending November 9, 1994. Mayor Abdo moved to
appoint Rich Casale by acclamation. The motion was duly
seconded and unanimously approved.
14-B: NOTICE OF VACANCIES/ANNUAL APPOINTMENTS/BOARDS AND
COMMISSIONS: Mayor Abdo moved to authorize the City Clerk to
publish a Notice of Vacancies for annual appointments to Boards
and Commissions. Second by Mayor Pro Tempore V zquez. The
motion was unanimously approved.
14-C: LETTER OF RESIGNATION/GERI M. LITVAK/LANDMARKS
COMMISSION: Mayor Abdo moved to accept the letter of
resignation from Geri M. Litvak with regrets and authorize the
City Clerk to publish a Notice of Vacancy concurrent with the
other notices. Second by Councilmember Genser. The motion was
unanimously approved.
14-D: ENFORCEMENT/PARK CLOSURE ORDINANCE/ESTABLISHMENT OF
POLICE PATROL DETAIL: The request of Councilmember Olsen to
discuss enforcement of the Park Closure Ordinance and
establishment of a Palisades Park/Ocean Avenue Police Patrol
Detail for the Palisades Park/Ocean Avenue area was continued
to the meeting of April 19, 1994.
Mayor Pro Tempore V zquez moved to extend the meeting to 11:30
P.M. Second by Councilmember Rosenstein. The motion was
unanimously approved.
14-E: USE OF CITY-OWNED PROPERTY/1642 OCEAN AVENUE: Presented
was the request of Councilmember Rosenstein to discuss
directing staff to investigate the best use of City-owned
property at 1642 Ocean Avenue. Council asked questions of
staff. Member of the public Leigh Kavanaugh urged Council to
begin a public process with regard to the subject property.
Members of the public Michael McCarthy, Abby Arnold, and Jack
Plimpton spoke in support of the New Hope Project, which is
housing for individuals with disabilities. Councilmember
Rosenstein moved to extend the meeting to 12:00 Midnight.
Second by Mayor Pro Tempore V zquez. The motion was
unanimously approved. Member of the public JoAnne Yokota spoke
in support of the New Hope Project, which is housing for
individuals with disabilities. Discussion was held.
Councilmember Rosenstein moved to direct staff, in an
expeditious manner, to report on the City's options for the use
of this site, part of which would include meeting with Project
New Hope and exploring whether this site could be used by
Project New Hope and returning to Council with a report and at
the same time it is imperative to encourage and initiate a
public process so that people in the community can learn about
this and can be a part of effecting the shape of Project New
Hope as well as being able to express themselves to the City
Council as to how they feel about the project; direct staff to
explore legal questions such as rent control, gas tax refund,
and any other legal questions and at the same time request that
staff investigate other possible sites in the City for Project
New Hope. Second by Councilmember Genser. Discussion was
held. Councilmember Genser moved to amend the motion that if
it is deemed that the proposed site is inappropriate then
another site within the City of Santa Monica should be found,
working within the time frame that is prescribed by the grant.
The motion was accepted as friendly. Discussion was held.
Councilmember Rosenstein moved to amend his motion to ask
Planning staff to become involved in this and re-look the issue
of the 35' setback on Ocean Avenue and return to Council with
the issue as a policy issue. The amendment was not accepted as
friendly and died for lack of a second. Discussion was held.
The motion was approved, Councilmember Holbrook opposed.
14-F: COSTA RENT CONTROL BILL: The request of Councilmember
Genser to discuss opposing AB1320, the Costa Rent Control Bill,
and directing staff to take appropriate action to advocate its
defeat was continued to the meeting of April 19, 1994.
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns. Member of the public Dan Cohen discussed health
care issues.
9-A: CLOSED SESSION: At 12:00 Midnight, Council adjourned to
Closed Session for consideration of the following:
Conference with Legal Counsel/Existing Litigation:
1. City of Los Angeles v. City of Santa Monica,
Case No. BC 068717;
2. Gutman v. City of Santa Monica, Case No. CV92-
0860 RMT;
3. Ventrice v. City of Santa Monica, Case No.
SC021132.
Conference with Labor Negotiator:
1. City Negotiator: Karen Bancroft, Personnel
Director.
Employee Organization: Service Employees
International Union (SEIU).
Councilmember Robert Holbrook moved to adopt Resolution No.
8742 (CCS) entitled: "A RESOLUTION OF THE COUNCIL OF THE CITY
SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH LOCAL 347, SERVICE EMPLOYEES
INTERNATIONAL UNION, AFL-CIO," reading by title only and
waiving further reading thereof. Second by Mayor Pro Tempore
Antonio V zquez. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Holbrook, Genser, Mayor Abdo
Absent: Councilmembers Rosenstein, Greenberg
At 12:35 A.M., Council reconvened with all members present.
ADJOURNMENT: At 12:36 A.M., the meeting was adjourned in
memory of Angus M. McLeod, Wilda Di Mario, and Joe L. Walling
to April 19, 1994, at 6:30 P.M.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor