CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 13, 1994
An adjourned meeting of the Santa Monica City Council was
called to order by Mayor Abdo at 6:30 on Tuesday, December 13,
1994, in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Councilmember Ruth Ebner
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
Councilmember Pamela O'Connor
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.
Councilmember Greenberg moved to add Item No. 14-F to the
agenda. Second by Councilmember Holbrook. The motion was
unanimously approved.
5-A: SELECTION OF MAYOR: Councilmember Genser moved to
combine Item No. 5-A with Item No. 5-B. Second by
Councilmember Holbrook. Discussion was held. The motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Ebner, Genser,
Holbrook,
Negative: Councilmembers Greenberg, O'Connor,
Rosenstein, Mayor Abdo
Mayor Abdo opened the floor to nominations for Mayor.
Councilmember O'Connor nominated Ken Genser for the first year
of a split term and Paul Rosenstein for the second year of a
split term. There being no other nominations, nominations were
closed. A majority was not reached by the following vote:
Council vote: Affirmative: Councilmembers Genser, O'Connor,
Negative: Councilmembers Ebner, Greenberg, Holbrook,
Rosenstein, Mayor Abdo
Councilmember O'Connor nominated Paul Rosenstein. There being
no other nominations, nominations were closed. The nomination
was approved by the following vote:
Council vote: Affirmative: Councilmembers Ebner, Greenberg,
Holbrook, O'Connor, Rosenstein,
Mayor Abdo
Abstain: Councilmember Genser
Paul Rosenstein was elected as Mayor for a two-year term and
assumed his seat.
5-B: SELECTION OF MAYOR PRO TEMPORE: Mayor Rosenstein opened
the floor to nominations for Mayor Pro Tempore. Councilmember
Abdo nominated Pamela O'Connor. Mayor Rosenstein nominated
Asha Greenberg. There being no other nominations, nominations
were closed. On a call for the vote, the vote on the
nominations was as follows:
Pamela O'Connor - Councilmembers Abdo, Genser, O'Connor
Asha Greenberg - Councilmembers Ebner, Greenberg, Holbrook,
Rosenstein
Asha Greenberg was elected as Mayor Pro Tempore for a two-year
term.
Discussion was held. In the spirit of unity, Councilmember
Abdo and Councilmember O'Connor also changed their vote to
Greenberg.
At 6:48 P.M., a Special City Council/Parking Authority/
Redevelopment Agency Special Joint Meeting was convened.
Parking Authority
Roll Call: Present: Chair Paul Rosenstein
Authority Member Judy Abdo
Authority Member Ruth Ebner
Authority Member Ken Genser
Chair Pro Tempore Asha Greenberg
Authority Member Robert T. Holbrook
Authority Member Pamela O'Connor
Also Present: Executive Director John Jalili
Authority Attorney Marsha Jones Moutrie
Authority Clerk Clarice E. Dykhouse
Redevelopment Agency
Roll Call: Present: Chair Paul Rosenstein
Agency Member Judy Abdo
Agency Member Ruth Ebner
Agency Member Ken Genser
Chair Pro Tempore Asha Greenberg
Agency Member Robert T. Holbrook
Agency Member Pamela O'Connor
Also Present: Executive Director John Jalili
Agency Attorney Marsha Jones Moutrie
Agency Secretary Clarice E. Dykhouse
RA-1: MINUTES APPROVAL: Agency Member Abdo moved to approve
the Redevelopment Agency minutes of November 22, 1994. Second
by Chair Pro Tempore Greenberg. The motion was unanimously
approved with Agency Members Ebner and O'Connor abstaining.
CC/PA-2: REVENUE AND ACCESS CONTROL EQUIPMENT/DOWNTOWN PARKING
STRUCTURES: The recommendation to authorize the City Manager
to negotiate and execute a contract with SECOM to provide and
install revenue and access control equipment in the six
downtown parking structures for an amount not to exceed
$778,116 and appropriate $140,000, was withdrawn at the request
of staff.
RA-3: ANNUAL REPORT: Presented was the staff report
recommending approval of the Redevelopment Agency Annual Report
for Fiscal Year 1993-94 and direction to the Executive Director
to transmit the report to the California Department of Housing
and Community Development. Member of the public Joy Fullmer
expressed her concerns. Agency Member Abdo moved to approve
the Redevelopment Agency Annual Report for Fiscal Year 1993-94
and direct the Executive Director to transmit the report to the
California Department of Housing and Community Development.
Second by Agency Member Holbrook. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
At 6:56 P.M., the Special City Council/Parking
Authority/Redevelopment Agency 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. Member of the
public Joy Fullmer addressed items on the Consent Calendar.
Councilmember Abdo moved to approve the Consent Calendar, with
the exception of Item No. 6-A, reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by Mayor Pro Tempore Greenberg. The motion was approved
by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
6-B: HOURS OF OPERATION/DRIVE-UP WINDOWS: Ordinance No.
1783(CCS) 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 adopted.
6-C: AWARD OF BID/REFUSE PACKERS: Bid #2511 was awarded to
Haaker Equipment Company in the amount of $116,439.11 for two
20-cubic yard rear loading refuse packers for the Solid Waste
Division, Environmental and Public Works Management Department.
6-D: AWARD OF BID/BOAT: Bid #2514 was awarded to Seaway Boat
Company in the amount of $159,452.25 to furnish and deliver one
30-ft. boat for the Harbor Division, Police Department.
6-E: AWARD OF BID/SUPPLIES: Bid #2515 was awarded to Waxie
Sanitary Supply at specified unit prices to furnish and deliver
supplies for various departments.
6-F: AWARD OF BID/LOADER: Bid #2517 was awarded to Coastline
Equipment Corporation in the amount of $135,252.96 for one 4-
wheel loader with specialized bucket for the Solid Waste
Division, Environmental and Public Works Management Department.
6-G: AWARD OF CONTRACT/STREET IMPROVEMENTS/MISCELLANEOUS
PAVING: Contract No. 7119(CCS) was awarded to Damon
Construction Company in the amount of $2,471,791.60 for FY 94-
95 street improvements and miscellaneous paving work and
$200,000 was appropriated.
6-H: AWARD OF CONTRACT/NEW ROOFS: Contract No. 7120(CCS) was
awarded to Eberhard Complete Roofing and Waterproofing Company
in the amount of $65,696 for the installation of new roofs on
the Solid Waste building and Water and Wastewater storage areas
located at the City Yards.
6-I: CONSTRUCTION OF SOUNDWALL: Contract No. 7121(CCS) was
approved with CALTRANS for construction of a soundwall on the
south side of Santa Monica Freeway and Cloverfield Boulevard to
Stewart Street.
6-J: LEASE AMENDMENT/TYPHOON RESTAURANT: An amendment to
Contract No. 5418(CCS) with Brian Vidor for the Typhoon
Restaurant space was approved.
6-K: MOU/US-EPA/GREEN LIGHTS PROGRAM: Contract No. 7125(CCS),
a memorandum of understanding, was approved with the United
States Environmental Protection Agency's Green Lights Program,
a pollution prevention and energy efficiency program.
6-L: AGREEMENT/EDISON/ENERGY EFFICIENCY DEMONSTRATION PROJECT:
Contract No. 7122(CCS) was approved with Southern California
Edison to implement an energy efficiency demonstration project
and continue negotiations with Southern California Edison and
the Gas Company for development of a City-wide energy
efficiency plan.
6-M: LEGAL AID FOUNDATION: Contract Nos. 7123(CCS) and
7124(CCS) were approved with Legal Aid Foundation of Los
Angeles, for legal services and domestic violence intervention,
and St. John's Child Study Center, for at-risk youth services.
6-N: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL/CUP
94-008/625 MONTANA AVENUE: The Certification of Statement of
Official Action for appeal of Planning Commission approval of
Conditional Use Permit 94-008 to allow a change from a Type 20
(Off-Sale Beer and Wine) alcohol license to a Type-21 (Off-Sale
General) alcohol license in conjunction with a wine store
located at 625 Montana Avenue was approved.
6-O: TRANSMITTAL/COMPREHENSIVE ANNUAL FINANCIAL REPORT: The
transmittal of a Comprehensive Annual Financial Report for the
Fiscal Year ended June 30, 1994, was approved.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Councilmember Abdo moved to approve
the City Council minutes of November 22, and 29, 1994. Second
by Mayor Pro Tempore Greenberg. The motion was unanimously
approved, with Councilmembers Ebner and O'Connor abstaining.
8-A: PREFERENTIAL PARKING ZONE DD: City Attorney Moutrie
excused herself from participating in this item due to a
conflict of interest. Presented was an ordinance for
introduction and first reading adding Section 3.08.420 to the
Santa Monica Municipal Code to establish preferential parking
Zone DD in the area on 24th, 25th and 26th Streets between Pico
Boulevard and Pearl Street, and Pearl Street between
Cloverfield Boulevard and 26th Street. Council asked questions
of staff. At 7:15 P.M., Mayor Rosenstein declared the public
hearing open. Members of the public Barbara Moss, Dan Camarda,
Jennifer Polhemus, Robert Moline, JoEllen Moline, Toni Dragon,
Inese Verzemnieks, Maggie Wells, Dorothy Chapman, Christine
Thomas, Maria Leon, Teresa Rose, Gilbert Rodriguez, Irene Zivi,
and Nat Trives spoke in opposition to the proposed ordinance.
Members of the public Walter Benettes, Gambhir Singh, Margo
Chan Steinman, Neil Schmidt, Peter Tigler, and Dorothy
Fitzsimons spoke in support of the proposed ordinance. Mayor
Pro Tempore Greenberg moved to hear late speakers. Second by
Councilmember O'Connor. The motion was unanimously approved.
Members of the public Bob Kronovet, Cathy Miller, and William
Dearn spoke in opposition to the ordinance. Mayor Rosenstein
closed the public hearing at 8:10 P.M. Council asked questions
of staff. Councilmember Abdo moved to introduce the ordinance
for first reading with the recommended modification proposed by
staff and approve the revenue budget increase set forth in the
staff report. Second by Mayor Pro Tempore Greenberg.
Discussion was held. Councilmember Abdo moved to put aside the
original motion and amend her motion to approve the Negative
Declaration. Second by Councilmember Greenberg. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
Discussion was held. Councilmember Holbrook moved to amend the
motion that preferential parking not include weekends or
holidays. The motion was accepted as friendly. Councilmember
Holbrook moved to amend the motion so that whatever plan is
finally adopted is not implemented until the ES construction at
Grant School has been completed and the earthquake damage at
the college has been completed. Councilmember Abdo stated that
the first half of the amendment is friendly but the second part
is not. Councilmember Holbrook withdrew the second part of the
motion. Councilmember Holbrook moved to amend the motion to
limit the 2-hour parking zone on 24th Street to the parking
spaces located between Pearl Court and Pearl Street. The
motion was not accepted as friendly and died for lack of a
second. Councilmember Holbrook moved to amend the motion that
this ordinance not be implemented until a determination is made
as to how it will impact the college. Discussion was held.
The motion was accepted as friendly if the intent is to conduct
discussions with regard to the college parking issue.
Discussion was held. Councilmember Abdo moved to amend her
motion that the ordinance not be implemented until the school
year ends or the construction is complete, whichever is sooner.
The motion was accepted as friendly. Councilmember Holbrook
moved to amend the motion that from the alley that parallels
Pearl on 24th Street to Pico on 24th Street be an ordinary
preferential parking district. The motion was not accepted as
friendly. Second by Mayor Pro Tempore Greenberg. The motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Holbrook,
Greenberg
Negative: Councilmembers O'Connor, Genser, Ebner,
Abdo, Mayor Rosenstein
Discussion was held. Councilmember Genser moved to continue
this item to the next meeting and if councilmembers have items
they wish to be addressed by staff that they may do so. The
motion was accepted as friendly. Discussion was held.
Councilmember Abdo withdrew her motion as a motion to vote on
at the moment but the motion is to be on the table and that the
item be continued to the next appropriate meeting as soon as
staff feels that they are able to do so. Second by Mayor Pro
Tempore Greenberg. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
9-A: CLOSED SESSION: At 9:07 P.M., Council adjourned to
Closed Session for conference with Legal Counsel with regard to
existing litigation as follows:
1. Khoury v. City of Santa Monica, Los Angeles Superior
Court Case No. SC014513;
2. Santa Monica Housing Council v. City of Santa Monica,
2DC Case No. B088122; and
3. Judy Cipriano v. City of Santa Monica, LASC Case No.
029625;
and conference with Labor Negotiator.
At 10:15 P.M., Council reconvened with all members present.
City Attorney Moutrie announced that no action was taken in the
cases of Santa Monica Housing Council and Cipriano. In the
case of Khoury, settlement was approved in the amount of
$20,000.
8-B: CLOSURE OF CIVIC CENTER GROUNDS DURING LATE NIGHT HOURS:
Mayor Pro Tempore Greenberg moved to adopt Ordinance No.
1784(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4.08.094 TO THE MUNICIPAL
CODE CLOSING THE CIVIC CENTER GROUNDS DURING LATE NIGHT HOURS,"
reading by title only and waiving further reading thereof.
Second by Councilmember Holbrook. Discussion was held. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Ebner, Greenberg,
Holbrook, O'Connor, Mayor
Rosenstein
Negative: Councilmembers Abdo, Genser
8-C: CITY-OWNED PARKING STRUCTURES: Mayor Pro Tempore
Greenberg moved to adopt Ordinance No. 1785(CCS) 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. Second by
Councilmember Genser. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Mayor Rosenstein
Negative: Councilmember Abdo
8-D: PAWNBROKERS: Presented was an emergency ordinance for
first reading and adoption prohibiting pawnbrokers in specified
portions of the C3 and C3C (Bayside) Districts and prohibiting
the issuance of new business licenses for pawnbrokers on an
interim basis. Council asked questions of staff. At 10:30
P.M., Mayor Rosenstein declared the public hearing open.
Members of the public Joy Fullmer and Beloved Quail expressed
their concerns. Members of the public Richard Cohn and
Patricia Cohn spoke in opposition to the proposed ordinance.
Discussion was held. No action was taken.
10-A: BICYCLE MASTER PLAN: By Council consent, this item was
continued to later in the meeting.
13-A: LAURALEE ASCH/MUNICIPAL EMPLOYEES ASSOCIATION:
Presented was the request of Lauralee Asch, Municipal Employees
Association President, to address Council to greet new
Councilmembers and provide an update on MEA.
13-B: STAN BECKER/EDGEMAR DEVELOPMENT: Presented was the
request of Stan Becker to address Council regarding access and
exit to/from Second Street from the Edgemar Development on Main
Street (between Ocean Park Boulevard and Hollister). Members
of the public Dawn Cotter and Lou Anne Neill complained about
noise problems created by the Edgemar Development. Council
asked questions of staff. No action taken.
14-A: APPOINTMENTS OF MEMBERS/BOARDS AND COMMISSIONS: The
appointments of members to Boards and Commissions was continued
to the meeting of January 10, 1995.
14-B: NOTICE OF UNSCHEDULED VACANCY/PLANNING COMMISSION:
Presented was the request from the City Clerk for authorization
to publish a Notice of Unscheduled Vacancy for Pam O'Connor on
the Planning Commission due to her election to the City
Council. Member of the public Beloved Quail expressed his
concerns. Mayor Pro Tempore Greenberg moved to authorize the
City Clerk to publish a Notice of Unscheduled Vacancy for Pam
O'Connor on the Planning Commission due to her election to the
City Council. Second by Councilmember Genser. The motion was
unanimously approved.
Mayor Pro Tempore Greenberg moved to extend the meeting to
11:15 P.M. Second by Councilmember Ebner. Discussion was
held. The motion was unanimously approved.
14-C: RECONSIDERATION OF SMOKING ORDINANCE: Presented was the
request of Councilmember Holbrook to discuss reconsideration of
the Smoking Ordinance. Council asked questions of staff.
Members of the public Jerry Rubin, John Rodriguez, Trisha Roth,
and Kenneth Ward spoke in opposition to reconsideration of the
smoking ordinance. Member of the public Bill Worcester spoke
in support of reconsideration of the smoking ordinance.
Discussion was held. Councilmember Holbrook moved to
reconsider the smoking ordinance and that it be an emergency
reconsideration. Second by Councilmember Ebner. Discussion
was held. Councilmember Holbrook moved to amend his motion to
direct staff to prepare two ordinances, one regular and one
emergency, and Council will, based on the hearing and the
facts, determine the type of ordinance it wishes to pass, if
any. Second by Councilmember Ebner. Discussion was held.
Councilmember Greenberg moved to extend the meeting to 11:30
P.M. Second by Councilmember Ebner. The motion was
unanimously approved. Councilmember Genser moved to amend the
motion that this hearing be held after the January 31, 1995,
campaign disclosure filing deadline. Second by Councilmember
Abdo. Discussion was held. The motion failed by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
O'Connor
Negative: Councilmembers Ebner, Greenberg, Holbrook,
Mayor Rosenstein
Discussion was held. The main motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Ebner, Greenberg,
Holbrook, Mayor Rosenstein
Negative: Councilmembers Abdo, Genser
Abstain: Councilmember O'Connor
14-D: AMENDMENT OF RULES/COUNCIL TRAVEL: The request of
Councilmember Rosenstein to discuss amending the rules for
Councilmember travel so that it would be necessary for lame
duck members to obtain a public vote of the Council to
authorize any travel at City expense was continued to the
meeting of January 10, 1995.
14-E: AMENDMENT TO EARTHQUAKE RECOVERY ORDINANCE/HEIGHT
MODIFICATIONS: Presented was the request of Councilmember
Holbrook to discuss directing staff to amend the earthquake
recovery ordinance to permit height modifications to commercial
structures under certain conditions. Council asked questions
of staff. Discussion was held. Councilmember Holbrook moved
to ask staff to prepare the appropriate ordinance amendments
and, at the same time, track the project through, provide a
certain level of discretionary review, and allow for
articulation within the same amount of envelope. Second by
Mayor Pro Tempore Greenberg. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
14-F: WAIVER OF FEE/LIGHTPOLE BANNERS/JEWISH FEDERATION
COUNCIL: Presented was the request of Councilmember Greenberg
to discuss waiver of fee for display of lightpole banners to
promote the Jewish Federation Council fundraising event called
Super Sunday to be held on February 26, 1995. Discussion was
held. This item was referred to staff for the preparation of a
letter to the Jewish Federation Council explaining the City's
ordinance.
Mayor Pro Tempore Greenberg moved to hear public input and
continue Item No. 10-A to the meeting of January 10, 1995.
Second by Councilmember O'Connor. Discussion was held.
Councilmember Genser moved a substitute motion to hear Item No.
10-A this evening. Second by Councilmember Abdo. Discussion
was held. The substitute motion failed, Councilmembers Ebner,
Holbrook, O'Connor, and Mayor Rosenstein opposed. The main
motion was unanimously approved.
10-A: BICYCLE MASTER PLAN: The recommendation to conduct a
public hearing on the Bicycle Master Plan; approve the Bicycle
Master Plan; and adopt resolutions certifying the Environmental
Impact Report, adopting a mitigation monitoring program and
amending the Land Use and Circulation Element of the General
Plan to incorporate the bicycle route network was continued to
the meeting of January 10, 1995.
15: PUBLIC INPUT: Member of the public Art Casillas
congratulated Councilmembers Ebner and O'Connor and discussed
discrimination and problems in Pico Neighborhood. Member of
the public Joy Fullmer expressed concerns.
ADJOURNMENT: At 11:33 P.M., the meeting was adjourned to
Tuesday, January 10, 1995.
ATTEST: APPROVED:
Clarice E. Dykhouse Paul Rosenstein
City Clerk Mayor