CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 14, 1995
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:35 P.M., on Tuesday, February
14, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Ruth Ebner
Councilmember Ken Genser
Councilmember Robert T. Holbrook
(arrived at 6:49 P.M.)
Councilmember Pamela O'Connor
Councilmember Judy Abdo
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
Councilmember O'Connor led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
At 6:36 P.M., a Special City Council/Parking Authority Special
Joint Meeting was convened.
Parking Authority
Roll Call: Present: Chair Paul Rosenstein
Chair Pro Tempore Asha Greenberg
Authority Member Judy Abdo
Authority Member Ruth Ebner
Authority Member Ken Genser
Authority Member Robert T. Holbrook
(arrived at 6:49 P.M.)
Authority Member Pamela O'Connor
Also Present: Executive Director John Jalili
Authority Attorney Marsha Jones Moutrie
Assistant Authority Clerk Beth Sanchez
PA-1: MINUTES APPROVAL: Authority Member Abdo moved to
approve the Parking Authority minutes of January 10, 1995.
Second by Authority Member O'Connor. The motion was
unanimously approved.
CC/PA-2: AMPCO SYSTEM PARKING/DOWNTOWN PARKING STRUCTURES:
Presented was the staff report recommending authorization for
the City Manager to negotiate and execute a contract with AMPCO
System Parking for operation and management of six downtown
parking structures. Council asked questions of staff.
Councilmember Holbrook reported present at 6:49 P.M. Member of
the public Joy Fullmer expressed her concerns. Discussion was
held. Councilmember Genser moved to continue this item and ask
staff to study the alley exit issue and the night time street
parking issue. The motion died for lack of a second.
Discussion was held. Councilmember Greenberg moved to award
Contract No. 7133 (CCS) to AMPCO System Parking for management
and operation of the downtown parking structures in an amount
not to exceed $568,000 in the first year, and ask staff to
study the issues of alley exits, report back on the status of
short-term meter parking and report back on consultations with
Santa Monica Place. Second by Councilmember Genser.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
Parking Authority vote:
Affirmative: Authority Members Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Chair Rosenstein
At 7:35 P.M., the Special City Council/Parking 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. Mayor Pro
Tempore Greenberg 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 Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
6-A: TRANSPORTATION MANAGEMENT PLAN: Ordinance No. 1787(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING VARIOUS SECTIONS OF CHAPTER 9.16 OF THE
MUNICIPAL CODE RELATED TO TRANSPORTATION MANAGEMENT," was
adopted on second reading.
Staff Report
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8861(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
END OF CONSENT CALENDAR
8-A: DEVELOPMENT AGREEMENT AMENDMENT/ARBORETUM DEVELOPMENT:
Presented was an ordinance for second reading and adoption
approving the Development Agreement Amendment between Arboretum
Development Partners, L.P., a California Limited Partnership
and the City of Santa Monica. Mayor Pro Tempore Greenberg
moved to adopt on second reading Ordinance No. 1788(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT
BETWEEN ARBORETUM DEVELOPMENT PARTNERS, L.P., A CALIFORNIA
LIMITED PARTNERSHIP AND THE CITY OF SANTA MONICA," reading by
title only and waiving further reading thereof. Second by
Councilmember Ebner. Discussion was held. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Ebner, Abdo,
Mayor Rosenstein
Negative: Councilmember Genser
8-B: PREFERENTIAL PARKING ZONE DD: The 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, will be considered at
the meeting of February 28, 1995.
8-C: CLARIFICATION OF BUILDING STANDARDS/LANDSCAPING
STANDARDS/ PARKING STANDARDS: The ordinance for introduction
and first reading amending Santa Monica Municipal Code Article
IX to clarify RVC, C4, C6, M1, accessory building standards,
landscaping standards, and parking standards; elimination of
various site review development standards and a duplicate
standard for OP roof decks; creation of standards relating to
development spanning zoning districts; revision of the North of
Wilshire stepback formulae; creation of standards and use
allowances for automobile washing facilities; and restriction
of operating hours of certain auto-related uses was withdrawn
at the request of staff.
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 8:10 P.M., Mayor Rosenstein declared the public
hearing open. Member of the public Joy Fullmer expressed her
concerns. Members of the public Zoran Segina, Sabine
Schlosser, John Corbus, Merritt Coleman, Albert Winn, Scott
Portnoff, and Sylvia Schniad spoke in support of the
restriction of hours of operation for drive-through windows.
Members of the public Jack Rubens, John Emanuelle, and Mitesh
Gala suggested mitigation measures of a sound wall and closure
of the drive-through from 2:00 A.M. to 6:00 A.M.
Staff Report
At 8:50 P.M., Council adjourned for a short recess. Council
reconvened at 9:12 P.M. with all members present.
8-D: HOURS OF OPERATION/DRIVE-UP WINDOWS (Resumed): Members
of the public Jane Dempsey, Allison Velkes, Ron Velkes, Jo
Ellen Steinlau, Jennifer Silverman, Judy Silverman, and Kelly
Olsen spoke in support of the restriction of hours of operation
for drive-through windows. Members of the public Leon Ferder,
Giok Brandt, Donald Brandt, Dahlia Nitzan, and Phyllis Duncan
spoke in support of the staff recommendation. Member of the
public Dave Osborne suggested mitigation measures of a sound
wall and closure of the drive-through from 2:00 A.M. to 6:00
A.M. Mayor Rosenstein closed the public hearing at 9:40 P.M.
Council asked questions of staff. Councilmember Genser moved
to continue the existing ordinance with a phase-in period to
June 30, 1995. Second by Councilmember O'Connor. Discussion
was held. Mayor Pro Tempore Greenberg moved a substitute
motion to ask the City Attorney to draft an ordinance that
requires all non-CUP drive-through restaurants to apply for
CUPs within sixty days and that the fees be waived; in
considering whether or not to grant the CUPs, the Planning
Commission keep in mind that the City does not allow drive-
through restaurants between the hours of 10:00 P.M. and 7:00
A.M.; Planning staff increase communication and find ways to
communicate with the neighbors so that they have a mechanism
that works to address the problems that they have with these
particular businesses; and the ordinance will provide that all
businesses that have drive-through restaurants, whether they be
CUPs or non-CUPs, be phased-out in the City within the period
of three years so that they cannot operate between the hours of
10:00 P.M. and 7:00 A.M. Second by Councilmember Ebner.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
8-E: MODIFICATION OF DUE DATES/REPORTS/TAX REMITTANCES/PARKING
FACILITY TAX LAW: Presented was an ordinance for introduction
and first reading amending Santa Monica Municipal Code Section
6.70.040 to modify the due dates for the reports and tax
remittances required by the parking facility tax law. At 10:00
P.M., Mayor Rosenstein declared the public hearing open. There
being no one wishing to speak, Mayor Rosenstein closed the
public hearing. Mayor Pro Tempore Greenberg moved to introduce
for first reading an ordinance entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 6.70.040 TO MODIFY THE DUE DATES FOR THE
REPORTS AND TAX REMITTANCES REQUIRED BY THE PARKING FACILITY
TAXES LAW," reading by title only and waiving further reading
thereof. Second by Councilmember Genser. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
8-F: REPAIR CRITERIA/RETROFITTING STANDARDS/CRITICAL
FACILITIES: The ordinance for introduction and first reading
amending Section 1 of Ordinance No. 1737(CCS) regarding repair
criteria and retrofitting standards for critical facilities and
amending Santa Monica Municipal Code Section 8.04.230 was
continued to the meeting of February 21, 1995.
9-A: AMENDED GUIDELINES AND PROCEDURES/MULTI-FAMILY EARTHQUAKE
REPAIR LOAN PROGRAM: Presented was the staff report requesting
approval of amended guidelines and procedures for the Multi-
family Earthquake Repair Loan (MERL) program, funding
distribution by program category, and budgeting of $25,000,000
in Emergency Supplemental Community Development Block Grant
funds. Council asked questions of staff. Councilmember Abdo
moved to extend the meeting past 11:00 P.M. Second by
Councilmember Genser. The motion was unanimously approved.
Questions of staff continued. At 11:07 P.M., Mayor Rosenstein
declared the public hearing open. Members of the public Karin
Paley and John Given communicated the recommendations of the
Housing Commission. Member of the public Joy Fullmer expressed
her concerns. Members of the public Bill Caras, Marios
Savvides, and Andre Deloje spoke in opposition to the staff
recommendation and made suggestions. Members of the public
Beth Leder-Pack, Joan Ling, and David Pettit spoke in support
of columns 1, 3, and 4; however, expressed concern with column
2. Member of the public Rosario Perry spoke in support of the
inclusion of column 2. Mayor Rosenstein closed the public
hearing at 12:20 A.M.
Staff Report
Mayor Pro Tempore Greenberg moved to continue the remainder of
the meeting, with the exception of Item No. 13-A, to February
21, 1995. Second by Councilmember Genser. Discussion was
held. The motion was unanimously approved.
9-B: CLOSED SESSION: Not held.
10-A: ASSESSMENT COSTS/REPAIRS TO SIDEWALKS/DRIVEWAYS/CURBS/
REMOVAL OF PAVEMENT: The public hearing and recommendation to
adopt a resolution confirming assessment costs and the report
of the Superintendent of Streets regarding repairs to damaged
sidewalks, driveways, and curbs and removal of damaged pavement
in the parkway area on various city streets (SR-95-191) was
continued to the meeting of February 28, 1995.
Staff Report
10-B: SAFETY ELEMENT: The public hearing on the Safety
Element and final Environmental Impact Report; adoption of
resolutions certifying the final Environmental Impact Report,
approving the adoption of the Safety Element, amending the
Public Safety and Seismic Safety Elements of the General Plan,
making findings necessary to approve the Safety Element and
adopting the mitigation monitoring program for the Safety
Element of the General Plan was continued to the meeting of
February 21, 1995.
Staff Report
13-A: PRO SE/ L. A. MALKIN/WATER RATE REDUCTIONS/CONSERVATION
FEE EXEMPTIONS/LOW INCOME SENIORS/DISABLED PERSONS: Presented
was the request of Pro Se and L. A. Malkin to address Council
regarding instituting water rate reductions and conservation
fee exemptions for low income seniors or disabled persons.
Councilmember Genser moved to ask staff to explore the
possibility of establishing water rate reductions and
conservation fee exemptions for low income seniors or disabled
persons. Second by Mayor Rosenstein. The motion was
unanimously approved. Discussion was held.
14-A: APPOINTMENTS/BOARDS AND COMMISSION: The appointments of
members to Boards and Commissions was continued to the meeting
of February 21, 1995.
14-B: LETTER OF RESIGNATION/GREGORY SPIESS/BAYSIDE DISTRICT
CORPORATION: The acceptance of the letter of resignation from
Gregory Spiess of the Bayside District Corporation and
authorization for the City Clerk to publish a Notice of
Unscheduled Vacancy was continued to the meeting of February
21, 1995.
15: PUBLIC INPUT: Members of the public Jim Donaldson and Ed
Fidelman spoke regarding the Airport Commission. Member of the
public Irma Vargas discussed the Earthquake Recovery Act and
the impact it has had with regard to reconstruction of her
mother's house.
ADJOURNMENT: At 12:45 A.M., the meeting was adjourned to
Tuesday, February 21, 1995, at 6:30 P.M.
ATTEST: APPROVED:
Beth Sanchez Paul Rosenstein
Assistant City Clerk Mayor