CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 29, 1994
An adjourned meeting of the Santa Monica City Council was
called to order by Mayor Abdo at 6:40 P.M. on Tuesday, November
29, 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 6:45 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.
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.
Councilmember Holbrook reported present at 6:45 P.M.
Members of the public Joy Fullmer, Jane Dempsey, Barbara Brown,
Jerry Greenwalt, and Richard Bloom addressed items on the
Consent Calendar. Councilmember Greenberg moved to approve the
Consent Calendar, with the exception of Item No. 6-H, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by Councilmember Genser. 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 City Council minutes of November
15, 1994, were approved as presented.
6-B: REDEVELOPMENT PLAN: Ordinance No. 1778(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA, AMENDING THE REDEVELOPMENT PLAN FOR THE OCEAN PARK
REDEVELOPMENT PROJECT 1(A), AND ESTABLISHING CERTAIN
LIMITATIONS FOR THE REDEVELOPMENT PLAN PURSUANT TO THE
COMMUNITY REDEVELOPMENT LAW REFORM ACT OF 1993 (ASSEMBLY BILL
1290);"
Staff Report
Ordinance No. 1779(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE OCEAN PARK REDEVELOPMENT PROJECT
1(B), AND ESTABLISHING CERTAIN LIMITATIONS FOR THE
REDEVELOPMENT PLAN PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW
REFORM ACT OF 1993 (ASSEMBLY BILL 1290);" and
Ordinance No. 1780(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, AMENDING THE
REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT, AND
ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN
PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW REFORM ACT OF 1993
(ASSEMBLY BILL 1290)," were adopted on second reading.
6-C: DELETION OF 28TH STREET FROM SECONDARY TRUCK ROUTE:
Ordinance No. 1781(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 3.12.680 DELETING 28TH STREET FROM THE LIST OF
SECONDARY TRUCK ROUTES IN THE CITY," was adopted on second
reading.
Staff Report
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8738(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: ACCOUNTING ORDER/BASIC SERVICE RATES/CENTURY SOUTHWEST
CABLE TELEVISION: Resolution No. 8739(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING AN ACCOUNTING ORDER REGARDING BASIC SERVICES RATES AND
ASSOCIATED CHARGES OF CENTURY SOUTHWEST CABLE TELEVISION, INC.
FOR THE PERIOD COMMENCING JULY 15, 1994," was adopted.
Staff Report
6-G: PROFESSIONAL SERVICES CONTRACTS/SEISMIC EVALUATIONS:
Contract No. 7114(CCS) was approved with Holmes & Narver, EQE
International, and KPFF Consulting Engineers for a total amount
not to exceed $905,000 for the preparation of seismic
evaluations of 17 City-owned facilities.
Staff Report
6-H: SALARY RATES: Resolution No. 8840(CCS), entitled:
"RESOLUTION OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES
FOR THE NEW CLASSIFICATIONS OF COMMUNICATIONS MANAGEMENT
SUPERVISOR AND LIBRARY PAGE," was adopted, reading by title
only and waiving further reading thereof.
Staff Report
END OF CONSENT CALENDAR
6-F: PHASE II IMPROVEMENTS/CLOVERFIELD BOULEVARD: Presented
was the staff report recommending authorization to the City
Manager to negotiate and execute a contract with HDR
Engineering Inc. in an amount not to exceed $450,000 to design
Phase II improvements to Cloverfield Boulevard. Council asked
questions of staff. Councilmember Olsen moved to not award the
contract at this time and ask staff to return with bids after
the City Council has adopted the traffic plan for the Sunset
Park neighborhood. Second by Councilmember Genser. Discussion
was held. Councilmember Rosenstein moved a substitute motion
to authorize the City Manager to negotiate and execute a
contract with HDR Engineering, Inc. in an amount not to exceed
$450,000 for professional engineering design services on the
Cloverfield Boulevard Widening project - Phase II. Second by
Mayor Abdo. Discussion was held. The substitute motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Greenberg,
Holbrook, Rosenstein, V zquez,
Mayor Abdo
Negative: Councilmembers Genser, Olsen
7-A: APPEAL/CUP 94-010/PARKING STRUCTURE/1327 15TH STREET:
Presented was the appeal of Planning Commission approval of
Conditional Use Permit 94-010 to permit construction of a 1-
story, semi-subterranean parking structure at 1327 15th Street
to provide 36 of the 55 parking spaces required for the
addition of beds to an existing convalescent hospital located
at 1340 15th Street with the remaining required spaces provided
on the site at 1340 15th Street. Applicant: Golden State
Health Centers. Appellants: Arden Orlando and Friedrich
Weinstock. Appellant Friedrich Weinstock spoke in support of
the appeal and in opposition to the project. Denise Orlando,
speaking on behalf of Arden Orlando, spoke in support of the
appeal and in opposition to the project. Council asked
questions of Ms. Orlando. Rod Mayer, speaking on behalf of the
applicant, spoke in opposition to the appeal and in support of
the project. Council asked questions of Mr. Mayer. Member of
the public Joy Fullmer expressed her concerns. Mr. Weinstock
presented a rebuttal. Mr. Mayer presented a rebuttal. Council
asked questions of Mr. Mayer. Council asked questions of
staff. Councilmember Genser moved to deny the appeal and
uphold the Planning Commission decision with the following
added conditions: 1) the structure must be re-designed to
incorporate a roof, the enclosure of all walls, and to be more
compatible with the character of the existing property; 2) the
structure is to be utilized for parking only by individuals
related to the facility, i.e., patients, employees, visitors,
delivery persons, etc. Second by Councilmember Olsen.
Discussion was held. Councilmember Genser re-stated his motion
which was to remand this item to the Planning Commission to
study the possibility of re-designing the structure for
enclosure and set the goal that whatever the solution, if the
structure is not fully enclosed it must be demonstrated that it
will mitigate sufficiently the sound transference to the
residential properties as well as a roof would. Councilmember
Olsen seconded the restated motion. Discussion was held. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Genser, Mayor Abdo
Negative: Councilmembers Rosenstein, Holbrook
Absent: Councilmember Greenberg
Councilmember Greenberg noted that she left the room for a
moment but, for the record, she intended to vote "yes" on the
motion.
8-A: PROHIBITION OF SMOKING: Presented was an ordinance for
second reading and adoption amending Sections 4.44.010-.060 of
the Santa Monica Municipal Code prohibiting smoking in indoor
places of employment, bars, restaurants, hotel and motel lobby
areas, meeting and banquet rooms, warehouses, gaming clubs, and
employee breakrooms; and consideration of prohibiting smoking
in outdoor dining areas. Councilmember Olsen moved to adopt
Ordinance No. 1782(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 4.44.010,
4.44.020, 4.44.030, 4.44.040, 4.44.050 AND 4.44.060 PROHIBITING
SMOKING IN INDOOR PLACES OF EMPLOYMENT, BARS, RESTAURANTS,
HOTEL AND MOTEL LOBBY AREAS, MEETING AND BANQUET ROOMS,
WAREHOUSES, GAMING CLUBS, AND EMPLOYEE BREAKROOMS," reading by
title only and waiving further reading thereof. Second by
Councilmember Genser. Council asked questions of staff. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, V zquez, Mayor Abdo
Negative: Councilmembers Greenberg, Rosenstein
Councilmember Rosenstein requested that the record reflect that
he voted "no" on the above item; however, he supports the goal
of ending smoking in all indoor work places. Councilmember
Rosenstein said that his no vote is simply a matter of
expressing a different judgement as to how to achieve that end
and he believes that the difference is merely a matter of
judgement.
8-B: PAWNBROKERS: Presented was an emergency ordinance for
first reading and adoption prohibiting pawnbrokers in specified
portions of the C3 and C3C (Bayside) Districts on an interim
basis. Council asked questions of staff. At 8:33 P.M., Mayor
Abdo declared the public hearing open. Member of the public
Joy Fullmer expressed her concerns. Members of the public
Patricia Cohn and Richard Cohn spoke in opposition to the
proposed ordinance. Mayor Abdo closed the public hearing at
8:45 P.M. Council asked questions of staff.
Staff Report
At 8:45 P.M., Council adjourned for a short recess. Council
reconvened at 9:10 P.M. with all members present.
8-B: PAWNBROKERS (RESUMED): Mayor Abdo moved to ask staff to
address the concerns that will now be listed and to return with
an emergency item on December 13th. Second by Councilmember
Genser. List of concerns: 1) How any licenses to be issued to
any applicants in the Bayside District could be held-up until
the Bayside District Specific Plan can consider the issues and
that the standing of anyone on the list that is in the Bayside
District is not jeopardized from losing the opportunity to
obtain a license; and 2) freeze any new entities being added to
the list. Council asked questions of staff. The motion was
unanimously approved.
Staff Report
8-C: USE OF CITY-OWNED PARKING STRUCTURES: Presented was an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Section 3.36.280 relating to the use of
City-owned parking structures. Council asked questions of
staff. At 9:30 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 9:31 P.M.
Councilmember Rosenstein moved to introduce for first reading
an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING SECTION 3.36.280 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO THE USE OF CITY-OWNED PARKING
STRUCTURES," reading by title only and waiving further reading
thereof, and ask staff to further investigate the desirability
of developing restrictions for the beach lots. Second by
Councilmember Olsen. Discussion was held. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein
Negative: Councilmember V zquez, Mayor Abdo
8-D: HOURS OF OPERATION/DRIVE-UP WINDOWS: Presented was an
ordinance for introduction and first reading establishing hours
of operation for drive-up windows of drive-in, drive-through
and fast food restaurants located adjacent to residentially-
zoned properties on an interim basis. Council asked questions
of staff. At 9:55 P.M., Mayor Abdo declared the public hearing
open. Members of the public Mitesh Gala, Herbert Holt, Carolyn
Simmons, Trevor Cavell, and John Brown spoke in opposition to
the proposed ordinance. Members of the public Jane Dempsey,
Richard Bloom, Sylvia Shniad, Phyllis Duncan, Jennifer
Silverman, Galia Nitzan, Al Winn, Zoran Segina, Michele Segina,
Giok Brandt, Donald Brandt, Leon Ferder, Judy Silverman,
Allison Velkes, Ron Velkes, and Fred Bakshandeh spoke in
support of the proposed ordinance. Mayor Abdo closed the
public hearing at 10:46 P.M. Councilmember Genser moved to
introduce an ordinance similar to the one proposed, but that it
effect all drive-through portions of establishments adjacent to
residentially-zoned property. Second by Councilmember Olsen.
Discussion was held. Councilmember Genser moved to amend his
motion to direct the City Attorney to prepare an analysis
within the 45-day period of the ordinance, in conjunction with
the Planning Department, on those fast food restaurants that
have CUPs. The motion was accepted as friendly. Councilmember
Olsen moved to amend the motion that the trial period be for a
period of six months. 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 V zquez,
Rosenstein, Olsen, Holbrook,
Greenberg, Genser, Mayor Abdo
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING HOURS OF OPERATION FOR DRIVE-UP WINDOWS OF DRIVE-
IN, DRIVE-THROUGH AND FAST FOOD RESTAURANTS LOCATED ADJACENT TO
RESIDENTIALLY ZONED PROPERTIES ON AN INTERIM BASIS," was
introduced for first reading by title only as amended by
deleting the first clause of Section 2, inserting "after June
30, 1995,"deleting Section 3 and renumbering the following
sections.
9-A: IMPROVEMENTS AT SANTA MONICA AIRPORT: The recommendation
to direct the City Attorney to prepare an ordinance
establishing procedures for review of improvements at Santa
Monica Airport was continued to the meeting of January 10, 1995
by motion of Mayor Abdo, second by Councilmember Genser. The
motion was unanimously approved.
Staff Report
9-B: STATEMENT OF OVERRIDING CONSIDERATIONS/TRANSPORTATION
CONTROL MEASURES/SUNSET PARK: Councilmembers Greenberg and
V zquez and City Attorney Marsha Moutrie were excused from the
dias due to a possible conflict of interest. Councilmember
Olsen moved to adopt the Statement of Overriding Considerations
for the Compromise Plan. Second by Councilmember Genser. The
motion failed by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Olsen, Holbrook,
Genser
Negative: Councilmember Rosenstein, Mayor Abdo
Absent: Councilmembers V zquez, Greenberg
Councilmember Holbrook moved to ask staff to attempt to develop
a plan to mitigate traffic concerns in Sunset Park. Second by
Councilmember Rosenstein. Discussion was held. The motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein,
Holbrook, Mayor Abdo
Negative: Councilmembers Olsen, Genser
Absent: Councilmembers V zquez, Greenberg
Mayor Abdo moved to continue the meeting to its completion.
Second by Councilmember Genser. The motion was unanimously
approved.
9-C: CLOSED SESSION: Held at end of meeting.
12-A: MEMORANDA OF UNDERSTANDING/MANAGEMENT TEAM ASSOCIATES/
SUPERVISORS TEAM ASSOCIATION: To be heard after Closed
Session.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Abdo moved
to continue the appointments of members to Boards and
Commissions to the meeting of December 13, 1994. Second by
Councilmember Genser. The motion was unanimously approved,
Councilmember Olsen absent.
14-B: COMPENSATION ADJUSTMENT/CITY CLERK: To be heard after
Closed Session.
14-C: CONDITION OF PALISADES PARK HILLSIDE/GRAFFITI ON MONTANA
STAIRS/SANTA MONICA BUSINESS DISTRICT SIGN: Councilmember
Olsen withdrew his request to discuss the condition of the
Palisades Park hillside and the graffiti on the Montana stairs
and Santa Monica Business District sign.
14-D: RESPONSE TO PASSAGE OF PROPOSITION 187: Presented was
the request of Mayor Abdo to discuss the City Council's
response to the passage of Proposition 187. Mayor Abdo moved
to ask staff to prepare an information item on how Proposition
187 affects the City of Santa Monica. Second by Councilmember
Rosenstein. The motion was unanimously approved.
14-E: AUGMENT LINCOLN PARK RENOVATION PROJECT BUDGET:
Presented was the request of Councilmember Olsen to discuss
augmenting the Lincoln Park renovation project budget to
provide equipment and landscaping to complete the project as
approved by Council. Councilmember Olsen moved to appropriate
funds up to $4,000 to augment the Lincoln Park renovation
project budget to provide equipment and landscaping to complete
the project as approved by Council. Second by Mayor Abdo.
Council asked questions of Councilmember Olsen. Discussion was
held. Councilmember Olsen moved to modify his motion to
approve the spending of up to $4,000 on other needed items if
the contingency fund does not satisfy those needs. The motion
was accepted as friendly. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
V zquez, Mayor Abdo
14-F: VIRTUAL REALITY ENTERTAINMENT USE: Presented was the
request of Councilmember Rosenstein to discuss directing the
City Attorney to draft an amendment to Ordinance No. 1766(CCS)
to allow one virtual reality entertainment use in the C3C
district with approval of a Conditional Use Permit, and to
request that the Planning Commission provide its recommendation
on such an amendment. Councilmember Rosenstein moved to direct
the City Attorney to draft an amendment to Ordinance No.
1766(CCS) to allow one virtual reality entertainment use in the
C3C district with the approval of a Conditional Use Permit, and
to request that the Planning Commission provide its
recommendation on such an amendment. Second by Mayor Abdo.
Councilmember Genser moved a substitute motion to ask the
Planning Commission to consider this item as a part of the
Bayside specific planning process and that Council consider
this as a part of the Bayside specific planning process.
Second by Councilmember Olsen. Discussion was held. Council
asked questions of Tim Disney, Chairman/CEO of Virtual World.
The motion was unanimously approved.
14-G: USE OF COUNCIL CHAMBERS/SENATE NATURAL RESOURCES AND
WILDLIFE COMMITTEE: Presented was the request of Mayor Abdo to
discuss approval of the Senate Natural Resources and Wildlife
Committee to use the Council Chambers on December 8, 1994, and
waiver of the customary fee. Mayor Abdo moved to approve the
Senate Natural Resources and Wildlife Committee to use the
Council Chambers on December 8, 1994, and to waive the
customary fee. Second by Mayor Pro Tempore V zquez. The
motion was unanimously approved.
15: PUBLIC INPUT: Member of the public Art Casillas discussed
the problems of discrimination.
9-B: CLOSED SESSION: At 11:30 P.M., Council adjourned to
Closed Session for conference with Legal Counsel with regard to
existing litigation as follows:
Staff Report
1. Judy Cipriano v. City of Santa Monica, LASC Case
No. 029625;
2. Washington v. City of Santa Monica, USDC Case
No. CV 921884; and
3. Santa Monica Housing Council v. City of Santa
Monica, 2DC Case No. B088122; and
One case of anticipated litigation.
At 12:20 A.M., Council reconvened with all members present
except Councilmember Olsen.
City Attorney Moutrie announced that the cases of Cipriano and
Washington were not discussed and the case of Santa Monica
Housing Council was discussed but no action was taken. With
regard to one case of anticipated litigation and a potential
dispute with Santa Monica Amusement, City Attorney Mountrie
advised that Council voted to proceed with the settlement
agreement of the dispute and pursuant to that agreement the
City would deem timely filed the PRC's application to renew the
development permit and Santa Monica Amusement will cease any
claims against the City which it may have had as a result of
the permit's expiration.
Councilmember Holbrook moved to approve the settlement
agreement between the City of Santa Monica and Santa Monica
Amusement whereby the City would deem timely filed the PRC's
application to renew the development permit and Santa Monica
Amusement will cease any claims against the City which it may
have had as a result of the permit's expiration. Second by
Mayor Abdo. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Rosenstein, V zquez,
Mayor Abdo
Absent: Councilmember Olsen
12-A: MEMORANDA OF UNDERSTANDING/MANAGEMENT TEAM ASSOCIATES/
SUPERVISORS TEAM ASSOCIATION: Mayor Abdo moved to adopt
Resolution No. 8841(CCS) entitled: "RESOLUTION OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT TEAM
ASSOCIATES," reading by title only and waiving further reading
thereof. Second by Mayor Pro Tempore V zquez. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers V zquez,
Rosenstein, Holbrook, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Olsen
Mayor Abdo moved to adopt Resolution No. 8842(CCS) entitled:
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE SUPERVISORY TEAM ASSOCIATES," reading 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, Holbrook, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Olsen
14-D: COMPENSATION ADJUSTMENT/CITY CLERK: Mayor Abdo moved to
adopt Resolution No. 8843(CCS) entitled: "RESOLUTION OF THE
CITY OF SANTA MONICA AMENDING BENEFITS FOR THE POSITION OF CITY
CLERK," reading 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, Holbrook, Greenberg,
Genser, Mayor Abdo
Absent: Councilmember Olsen
ADJOURNMENT: At 12:25 A.M., the meeting was adjourned to
Tuesday, December 6, 1994, at 7:30 P.M., in memory of Beatrice
Oppenheimer, Sally Sullivan, and Erwin Prinz.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor