CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 12, 1994
A regular meeting of the Santa Monica City Council was called
to order by Mayor Abdo at 6:15 P.M. on Tuesday, July 12, 1994,
in the Council Chambers.
CLOSED SESSION: At 6:15 P.M., Council adjourned to Closed
Session to discuss the public employee evaluation of the City
Clerk.
At 7:08 P.M., Council reconvened with all members present.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Clarice E. Dykhouse
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
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. Member of the
public Joy Fullmer addressed items on the Consent Calendar.
Mayor Pro Tempore V zquez moved to approve the Consent
Calendar, 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 V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, and Mayor Abdo
6-A: MINUTES APPROVAL: The City Council minutes of June 21
and 28, 1994, were approved as presented.
6-B: PRIVATE REFUSE HAULER WASTE DIVERSION FEE: Ordinance No.
1753(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING A FEE ON SOLID WASTE
ENTERPRISES AND A SOLID WASTE REFUSE RATE STRUCTURE," was
adopted on second reading.
Staff Report
6-C: ESTABLISHMENT AND COLLECTION OF USER FEES/FEES FOR
SERVICES: Ordinance No. 1754(CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGARDING THE
ESTABLISHMENT AND COLLECTION OF USER FEES OR FEES FOR
SERVICES," was adopted on second reading.
Staff Report
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8780(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A
CONTINUING LOCAL EMERGENCY," was adopted.
Staff Report
6-E: FINAL SUBDIVISION MAP/PARCEL NO. 21879/TPC-224/1235 24TH
STREET: Resolution No. 8801(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 21879 AT 1235
24TH STREET," was adopted thereby approving a 4-unit tenant-
participating conversion project at 1235 24th Street.
Staff Report
6-F: FINAL SUBDIVISION MAP/TRACT NO. 51651/TPC-287/1522
FRANKLIN STREET: Resolution No. 8782(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
51651 AT 1522 FRANKLIN STREET," was adopted thereby approving a
6-unit tenant-participating conversion project at 1522 Franklin
Street.
Staff Report
6-G: FINAL SUBDIVISION MAP/TRACT NO. 50877/TPC-170/1021 12TH
STREET: Resolution No. 8783(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50877 AT 1021
12TH STREET," was adopted thereby approving a 23-unit tenant-
participating conversion project at 1021 12th Street.
Staff Report
6-H: FINAL SUBDIVISION MAP/TRACT NO. 51767/TPC-311/946-948 9TH
STREET: Resolution No. 8784(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51767 AT 946-
948 NINTH STREET," was adopted thereby approving a 7-unit
tenant-participating conversion project at 946-948 Ninth
Street.
Staff Report
6-I: SIDEWALKS/CURBS/DRIVEWAYS/PARKWAYS: Resolution No.
8785A(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A PUBLIC HEARING DATE ON AUGUST 9,
1994, FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE
SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS,
DRIVEWAYS, CURBS AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY
AREA (SR-94-190)," was adopted thereby setting a public hearing
date of August 9, 1994.
Staff Report
6-J: PROFESSIONAL SERVICE AGREEMENT/ENGINEERING AND
CONSTRUCTION MANAGEMENT/SANTA MONICA AIRPORT: Contract No.
7060(CCS) with Hodges & Shutt for engineering and construction
management of improvements at the Santa Monica Airport was
approved.
Staff Report
6-K: PROFESSIONAL SERVICE CONTRACT/ARCHITECTS/PARKING
STRUCTURE #5: Contract No. 7061(CCS) with Zeballos and
Smulevich Architects in the amount of $69,405.00 for
preparation of design and construction bidding documents for
Parking Structure #5 was approved.
Staff Report
6-L: AWARD OF BID/REPAIR TRANSIT COACHES: Bid #2494 was
awarded to Smith & Hartford Custom Coach at the hourly rate of
$25.00 to provide labor to repair damaged transit coaches for
the Transportation Department.
Staff Report
6-M: AWARD OF BID/DUCTILE IRON BELL AND SPIGOT PIPE/TYTON
JOINT: Bid #2497 was awarded to Pacific States Cast Iron Pipe
Company at specified unit prices to furnish and deliver ductile
iron bell and spigot pipe class 50, tyton joint, for various
City departments.
Staff Report
END OF CONSENT CALENDAR
8-A: NONPARABOLIC AND PARABOLIC ANTENNAS: The ordinance for
introduction and first reading amending Article IX, Chapter
9.04, Subchapter 9.04.10, part 9.04.10.06 of the Santa Monica
Municipal Code relating to the regulation of nonparabolic and
parabolic antennas and a resolution establishing a use permit
fee was continued to the meeting of July 19, 1994.
8-B: EARTHQUAKE RECOVERY ACT/ELLIS ACT: Presented was an
ordinance for introduction and first reading amending Ordinance
No. 1736(CCS), the Earthquake Recovery Act, concerning Ellis
Act withdrawn properties and the reoccupancy rights of
displaced tenants. At 7:15 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 7:17 P.M. Mayor Pro Tempore V zquez moved to introduce for
first reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EARTHQUAKE
RECOVERY ACT CONCERNING ELLIS ACT WITHDRAWN PROPERTIES AND THE
REOCCUPANCY RIGHTS OF DISPLACED TENANTS," reading by title only
and waiving further reading thereof. Second by Council Member
Holbrook. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
8-C: PROHIBITION OF BICYCLES, ROLLER SKATES, SKATEBOARDS AND
SIMILAR DEVICES WITH WHEELS/PUBLIC SAFETY: Presented was an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Sections 3.12.540, .590, .600, and .610
to authorize the City Parking and Traffic Engineer and the
Director of Community and Cultural Services to prohibit the use
of bicycles, roller skates, skateboards and similar devices
with wheels within their respective jurisdictions as public
safety needs dictate. Council asked questions of staff. At
7:40 P.M., Mayor Abdo declared the public hearing open. Brant
Feldman, David Carnevale, Mike Feinstein, Mitchel Karp, Ken
Schneider, John Weyand, and Steve Goldmaker spoke in opposition
to the ordinance as proposed. Member of the public Kathryn
Humphrey urged Council to allow for ample public comment before
imposing restrictions. Member of the public Joy Fullmer
expressed her concerns. Member of the public Ken Ward spoke in
support of the proposed ordinance. Councilmember Rosenstein
moved to hear a late speaker. Second by Mayor Pro Tempore
V zquez. The motion was unanimously approved. Member of the
public Casey Ure spoke in support of the proposed ordinance.
Councilmember Genser moved to ask staff to re-draft the
ordinance in such a fashion that closures will be permitted by
Council approval through a resolution. Second by Mayor Pro
Tempore V zquez. Discussion was held. Councilmember Genser
moved a substitute motion to introduce the ordinance for first
reading with the following amendments: 1) Page 2, SECTION
3.12.590 and SECTION 3.12.600, change the title to read:
"Regulation of roller skates...;" strike the words "Parking and
Traffic Engineer" and substitute the word "Council" and insert
the words "by resolution" after the word "regulations." Second
by Mayor Pro Tempore V zquez. Discussion was held.
Councilmember Greenberg moved to amend the motion to stipulate
that when the resolutions are returned for Council approval
that it be done after discussions are held with the School
District with regard to the school property issue and also to
pursue whatever avenues necessary to stop wheeled vehicles on
the street and sidewalk areas of the Promenade. The motion was
accepted as friendly. Discussion was held. Mayor Abdo movedto amend the motion to add a sentence to the bottom of SECTIONS
3.12.590 and 3.12.600 stating that notice of any such proposed
resolution shall be conspicuously posted ten days prior to the
hearing at the site proposed for regulation. The motion was
accepted as friendly. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, and Mayor Abdo
At 8:25 P.M., Council adjourned for a short recess. Council
reconvened at 8:45 P.M. with all members present.
9-A: PROJECT NEW HOPE: Presented was the staff report
recommending authorization for the City Manager to negotiate
and execute an option agreement with Project New Hope for a
long-term lease at 1642 Ocean Avenue. Council asked questions
of staff. Members of the public Sharon Ruhland, Bonnie
Johnstone, and Malcolm Boyd spoke in support of Project New
Hope. Member of the public Joy Fullmer expressed her concerns.
Members of the public Aldona Venckus, Leigh Kavanaugh, Daniel
Gregory, and John Jurenka spoke in opposition to locating the
Project New Hope facility at the Ocean Avenue location. Member
of the public Mike Feinstein spoke in strong support of the
project, but conveyed the OPCO Board's reservations with regard
to the proposed Ocean Avenue location. Member of the public
Dave Parais said that the Chamber of Commerce has not taken a
position for or against the project; it is, however, concerned
with the project's impact on the orderly development of the
City of Santa Monica. Members of the public Eric Parlee, John
Campbell, Carmen Guerrero, Joanne Yokota, Jack Plimpton, Robb
Berry, and Larry Pagnoni spoke in support of the Project New
Hope facility at the Ocean Avenue location. Member of the
public Donna Alvarez spoke in opposition to the project.
Member of the public Abby Arnold spoke in support of the
Project New Hope facility at the Ocean Avenue location and
discussed outreach efforts. Councilmember Holbrook moved to
hear a late speaker. Second by Councilmember Rosenstein.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez
Negative: Councilmember Genser, Mayor Abdo
Member of the public Laurel Roennau recommended that the Ocean
Avenue site not be awarded to Project New Hope at the present
time and instead a more complete study proceed including a
complete evaluation of all possible public sites. Council
asked questions of staff. Councilmember Genser moved to
authorize the City Manager to negotiate and execute an option
agreement with Project New Hope for a long-term lease at 1642
Ocean Avenue. Second by Councilmember Olsen. Discussion was
held. Councilmember Genser moved to extend the meeting to
12:00 Midnight. Second by Mayor Abdo. The motion was
approved, Councilmembers Greenberg, Holbrook, and Rosenstein
opposed. Discussion continued. Councilmember Holbrook moved a
substitute motion that Project New Hope be located at 502
Colorado. Second by Councilmember Greenberg. Discussion was
held. Councilmember Holbrook moved to table this item. The
motion died for lack of a second. The substitute motion failed
by the following vote:
Council vote: Affirmative: Councilmembers Greenberg,
Holbrook
Negative: Councilmember Genser, Olsen, Rosenstein,
V zquez, Mayor Abdo
Discussion was held. The main motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
Rosenstein, V zquez, Mayor Abdo
Negative: Councilmembers Greenberg, Holbrook
Councilmember Greenberg requested that the record reflect that
she voted "no" on this motion because she does not agree that
this project should be placed at this particular site.
Councilmember Holbrook requested that the record reflect that
he voted "no" on this motion because he does not agree that
this project should be placed at this particular site.
Councilmember Greenberg excused herself from the meeting at
11:28 P.M.
9-B: FEE SCHEDULE/WOODLAWN CEMETERY: The resolution revising
the fee schedule for Woodlawn Cemetery services was continued
to the meeting of July 19, 1994.
9-C: CLOSED SESSION: Held at the beginning and the end of the
meeting.
10-A: ANNUAL STREET RESURFACING PROGRAM: The public hearing
to confirm the assessment of costs for FY 1992-93 Annual Street
Resurfacing Program and appurtenant work and adoption of the
resolution was continued to the meeting of July 19, 1994.
Staff Report
10-B: RATE ORDER/CENTURY SOUTHWEST CABLE TELEVISION: The
public hearing to consider adoption of a resolution pursuant to
FCC regulations issuing a "rate order" regarding Century
Southwest Cable Television, Inc. basic service rates and
associated charges for the period from September 1, 1993 to
July 14, 1994, and requesting further information regarding
delinquent account charges was continued to the meeting of July
19, 1994.
13-A: RUFUS BAKER/TAXI PARKING ZONES: Rufus Baker, Director
of Operations, Santa Monica/Yellow Cab Co., presented his
request to address Council regarding taxi parking zones.
Discussion was held. Member of the public Per Ericson
discussed the need of taxi parking zones. Councilmember Genser
moved to direct staff to aggressively seek appropriate sites at
major destinations throughout the City for the placement of
taxi parking zones and to implement same and provide Council
with updates. Second by Councilmember Rosenstein. Discussion
was held. The motion was unanimously approved, Councilmember
Greenberg absent.
14-A: ANNUAL APPOINTMENTS/UNSCHEDULED APPOINTMENTS/BOARDS AND
COMMISSIONS: Mayor Abdo announced that the floor would
consider nominations to the Arts Commission. Mayor Abdo
nominated Sheila Goldberg. There being no further nominations,
nominations were closed. Councilmember Genser moved to
reappoint Sheila Goldberg by acclamation to the Arts Commission
for a term ending June 30, 1998. The motion was duly seconded
and unanimously approved, Councilmember Greenberg absent.
Mayor Abdo nominated Jorge Pardo. There being no further
nominations, nominations were closed. Mayor Abdo moved to
appoint Jorge Pardo by acclamation to the Arts Commission for a
term ending June 30, 1998. The motion was duly seconded and
unanimously approved, Councilmember Greenberg absent. Mayor
Abdo nominated Robin Faulk. There being no further
nominations, nominations were closed. Councilmember Genser
moved to appoint Robin Faulk by acclamation to the Arts
Commission for a term ending June 30, 1995. The motion was
duly seconded and unanimously approved, Councilmember Greenberg
absent.
Mayor Abdo announced that the floor would consider nominations
to the Housing Commission. Councilmember Rosenstein nominated
Frank Gruber. There being no further nominations, nominations
were closed. Mayor Abdo moved to appoint Frank Gruber by
acclamation to the Housing Commission for a term ending June
30, 1997. The motion was duly seconded and unanimously
approved, Councilmember Greenberg absent.
Mayor Abdo announced that the floor would consider nominations
to the Personnel Board. Mayor Pro Tempore V zquez nominated
Melanie Newkirk. Councilmember Genser nominated Betty Buhler.
There being no further nominations, nominations were closed.
Discussion was held. On a call for the vote, Melanie Newkirk
was appointed to the Personnel Board for a term ending June 30,
1999.
Appointments to the Bayside District Corporation, Commission on
Older Americans, Convention and Visitors Bureau, Recreation &
Parks Commission, and the Social Services Commission were
continued to the meeting of July 19, 1994.
14-B: LETTER OF RESIGNATION/KIM KARIE/CONVENTION & VISITORS
BUREAU: Mayor Abdo moved to accept with great regrets the
letter of resignation from Kim M. Karie of the Santa Monica
Convention & Visitors Bureau and authorize the City Clerk to
publish a Notice of Vacancy. Second by Councilmember Holbrook.
The motion was unanimously approved, Councilmember Greenberg
absent.
15: PUBLIC INPUT: Member of the public Ron Taylor requested
that an item be placed on the agenda to discuss the possibility
of funding a homeless camp.
9-A: CLOSED SESSION: At 11:45 P.M., Council adjourned to
Closed Session for the purpose of discussing the cases of
Galli/Cortez v. City of Santa Monica, et al., Case No. 91 K
62948, Arnold v. City of Santa Monica, et al., Case No. SC 000
775, City of Santa Monica v. Allied Surety Insurance Co., and
Haynes v. City of Santa Monica, Case No. SC 031 350; and to
discuss the public employee evaluation of the City Clerk.
Staff Report
At 12:02 A.M., Council reconvened with all members present
except Councilmembers Greenberg and Rosenstein.
Councilmember Holbrook moved to award settlement in the case of
Galli/Cortez v. City of Santa Monica, et al., Case No. 91 K
62948, in the amount of $21,500. Second by Mayor Pro Tempore
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
Councilmember Genser moved to award settlement in the case of
Arnold v. City of Santa Monica, et al., Case No. SC 000 775, in
the amount of $42,500. Second by Councilmember Holbrook. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Holbrook, Genser, Mayor Abdo
Absent: Councilmembers Rosenstein, Greenberg
Mayor Pro Tempore V zquez moved to award settlement in the case
of Haynes v. City of Santa Monica, Case No. SC 031 350, in the
amount of $17,500. Second by Mayor Abdo. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Holbrook, Genser, Mayor Abdo
Absent: Councilmembers Rosenstein, Greenberg
Mayor Pro Tempore V zquez moved to compromise the claim in the
bankruptcy of Allied Surety Insurance Co. in the amount of
$195,000. Second by Councilmember Holbrook. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Holbrook, Genser, Mayor Abdo
Absent: Councilmembers Rosenstein, Greenberg
The public employee evaluation with regard to the City Clerk
was held. No action was taken.
ADJOURNMENT: At 12:16 A.M., the meeting was adjourned to 6:00
P.M., July 19, 1994, in memory of George Zurow.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor