CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 28, 1995
A special meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:30 P.M., on Tuesday, February
28, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Ruth Ebner
(arrived at 6:45 P.M.)
Councilmember Ken Genser
(arrived at 6:32 P.M.)
Councilmember Robert T. Holbrook
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.
Councilmember Genser reported present at 6:32 P.M.
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 Joy Fullmer, Ivan Evilsizer, Pennie Contos, and Ron
Taylor addressed items on the Consent Calendar. 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 O'Connor,
Holbrook, Greenberg, Genser,
Abdo, Mayor Rosenstein
Absent: Councilmember Ebner
6-B: MODIFICATION OF DUE DATES/REPORTS/TAX REMITTANCES/PARKING
FACILITY TAX LAW: Ordinance No. 1789(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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," was adopted.
6-C: REPAIR CRITERIA/RETROFITTING STANDARDS/CRITICAL
FACILITIES: Ordinance No. 1790(CCS) entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
SECTION 1 OF ORDINANCE NUMBER 1737(CCS) REGARDING REPAIR
CRITERIA AND RETROFITTING STANDARDS FOR CRITICAL FACILITIES AND
AMENDING MUNICIPAL CODE SECTION 8.04.230," was adopted.
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8870(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A
CONTINUING LOCAL EMERGENCY," was adopted.
6-E: FINAL SUBDIVISION MAP/TRACT NO. 50892/TPC-263/520 STRAND
STREET: Resolution No. 8871(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50892 AT 520
STRAND STREET," was adopted thereby approving a ten-unit
tenant-participating conversion project at 520 Strand Street.
6-F: FINAL SUBDIVISION MAP/TRACT NO. 51594/TPC-291/827 BAY
STREET: The resolution approving Final Subdivision Map for
Tract No. 51594 for a 9-unit Tenant-Participating Conversion
project TPC-291 at 827 Bay Street was withdrawn at the request
of staff.
6-G: REVISION OF FEES/SANITATION/BIN RENTAL/BIN ROLL-OUT/USED
TIRE RECYCLING CENTER: Resolution No. 8872(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING FEES CHARGED FOR SANITATION, BIN RENTAL, AND BIN ROLL-
OUT SERVICES," was adopted thereby establishing tire
processing/waste diversion fees at the City Transfer Station.
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Councilmember Genser moved to approve
the minutes of the meeting of February 14, 1995, and continue
the minutes of the meeting of February 7, 1995, to the meeting
of March 21, 1995. Second by Councilmember Abdo. The motion
was unanimously approved, Councilmember Ebner absent.
6-H: ADDITIONAL REFUNDS/BASIC SERVICE RATES/CENTURY SOUTHWEST
CABLE TELEVISION: Council asked questions of staff.
Councilmember Genser moved to adopt Resolution No. 8873(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING A RATE ORDER REGARDING ADDITIONAL REFUNDS
OF BASIC SERVICE RATES BY CENTURY SOUTHWEST CABLE TELEVISION,
INC.," reading 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 O'Connor,
Holbrook, Greenberg, Genser,
Abdo, Mayor Rosenstein
Absent: Councilmember Ebner
By virtue of the above action, refunds will be provided to
subscribers of an additional $0.36 per month for basic service
tier overcharges for the period commencing April 1, 1994 and
ending July 14, 1994.
Councilmember Ebner reported present at 6:45 P.M.
8-A: PREFERENTIAL PARKING ZONE DD: City Attorney Moutrie
excused herself from deliberations on this item due to a
possible conflict of interest. Mayor Pro Tempore Greenberg
moved to hear speakers on this item. Second by Councilmember
O'Connor. The motion was unanimously approved. 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. At 6:50
P.M., Mayor Rosenstein declared the public hearing open.
Member of the public Dorothy Chapman stated her support of the
compromise of 2-hour preferential parking and stated her
preference of the hours of 8:00 A.M. to 6:00 P.M., five days
per week. Mayor Rosenstein closed the public hearing at 6:55
P.M. Discussion was held. Councilmember Genser moved to adopt
the staff recommendation with the amendment that from the mid-
point between the alley south of Pico and the alley north of
Pearl northward on 24th, 25th, and 26th Streets there be no
parking without a permit during the operative hours. Second by
Councilmember Holbrook. Council asked questions of staff.
Discussion was held. Mayor Pro Tempore Greenberg moved to
amend the motion that only 24th Street be included. The motion
was accepted as friendly. Council asked questions of staff.
Councilmember Abdo moved to amend the motion that the zones end
at 6:00 P.M. The motion was accepted as friendly. Discussion
was held. Councilmember Genser moved to amend his motion to
ask staff to work with Grant School to coordinate the
implementation of the parking zone so that it is coordinated
with the completion of the construction at Grant School. The
motion was accepted as friendly. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
By virtue of the above action, the negative declaration was
approved, revenue budget increases were approved, and an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 3.08.420 TO THE SANTA
MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE
DD," was introduced for first reading, as amended, by title
only, waiving further reading thereof.
City Attorney Moutrie returned to the dias.
8-B: UPPER-LEVEL STEPBACK REQUIREMENTS: Presented was an
ordinance for introduction and first reading amending the
Zoning Ordinance to establish upper-level stepback requirements
in the R2, R3, R4, and R3R Zoning Districts, and amending
upper-level stepback requirements in the BR R3 Overlay
District. Council asked questions of staff. At 7:16 P.M.,
Mayor Rosenstein declared the public hearing open. Member of
the public Joy Fullmer expressed her concerns. Mayor
Rosenstein closed the public hearing at 7:17 P.M. Mayor Pro
Tempore Greenberg moved to introduce for first reading, with
findings, an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE ZONING
ORDINANCE TO ESTABLISH UPPER-LEVEL STEPBACK REQUIREMENTS IN THE
R2, R3, R4, AND R3R ZONING DISTRICTS, AND AMENDING UPPER-LEVEL
STEPBACK REQUIREMENTS IN THE BR R3 OVERLAY DISTRICT," reading
by title only and waiving further reading thereof. Second by
Councilmember Abdo. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
8-C: REGULATION OF MASSAGE TECHNICIANS: Presented was an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Sections 6.104.030, 6.104.080, 6.104.110
and 6.104.170 relating to regulation of massage technicians.
Council asked questions of staff. At 7:34 P.M., Mayor
Rosenstein declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. Members of the
public Bill Armour, Roz Ritte, and Anne Riouallon spoke in
opposition to the proposed ordinance and made suggestions.
Mayor Rosenstein closed the public hearing at 7:44 P.M.
Council asked questions of staff. 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 SECTIONS 6.104.030,
6.104.080, 6.104.110 AND 6.104.170 RELATING TO REGULATION OF
MASSAGE TECHNICIANS," amending SECTION 3(u) to read: "...at
any hotel, motel, or other commercial establishment except in
the office of the customer. For purposes of this subsection, a
hotel room shall not be considered an office," reading by title
only and waiving further reading thereof. Second by
Councilmember Holbrook. Discussion was held. Councilmember
Abdo moved to amend the motion to direct the City Attorney to
study further the Shiatsu needs. The motion was accepted as
friendly. Discussion was held. An amendment asking staff to
return with any other suggestions which warrant Council
consideration from the legitimate massage community was
included in the motion. Councilmember Abdo moved to amend the
motion to ask staff to look at the list of communicable
diseases for their appropriateness to the profession. The
motion was accepted as friendly. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
Mayor Pro Tempore Greenberg moved to add emergency Item No. 9-
B: Closed Session, and noted that the necessity for this
action is due to the fact that the lawsuit was received after
the agenda was posted. Second by Councilmember Genser. The
motion was unanimously approved.
At 8:00 P.M., Council adjourned for a short recess. Council
reconvened at 8:24 P.M. with all members present.
At 8:25 P.M., a Special City Council/Housing Authority/
Redevelopment Agency Special Joint Meeting was convened.
Housing Authority
Roll Call: Present: Chair Paul Rosenstein
Vice Chair Asha Greenberg
Commissioner Judy Abdo
Commissioner Ruth Ebner
(arrived at 8:26 P.M.)
Commissioner Ken Genser
Commissioner Robert T. Holbrook
Commissioner Pamela O'Connor
Also Present: Secretary John Jalili
Authority Attorney Marsha Moutrie
Assistant Authority Clerk Beth Sanchez
Redevelopment Agency
Roll Call: Present: Chair Paul Rosenstein
Chair Pro Tempore Asha Greenberg
Agency Member Judy Abdo
Agency Member Ruth Ebner
(arrived at 8:26 P.M.)
Agency Member Ken Genser
Agency Member Robert T. Holbrook
Agency Member Pamela O'Connor
Also Present: Executive Director John Jalili
Agency Attorney Marsha Jones Moutrie
Assistant Agency Secretary Beth Sanchez
HA/RA-1: MINUTES APPROVAL: Vice Chair/Chair Pro Tempore
Greenberg moved to approve the Housing Authority minutes of
November 22, 1994, and the Redevelopment Agency minutes of
January 24, 1995. Second by Commissioner/Agency Member Abdo.
The motion was approved, Commissioner/Agency Member O'Connor
abstained, Commissioner/Agency Member Ebner absent.
Councilmember/Commissioner/Agency Member Ebner reported present
at 8:26 P.M.
CC/HA/RA-2: FY 1994-95 MID-YEAR BUDGET REVENUE AND EXPENDITURE
CHANGES: Presented were resolutions of City Council, Housing
Authority, and Redevelopment Agency approving FY 1994-95 Mid-
Year budget revenue and expenditure changes. To be considered
with Item No. 9-A.
9-A: BUDGET PRIORITIES/POLICIES/FY 1995-96: Presented was a
public hearing to consider staff recommended budget priorities
and policies, receipt of public input, and direction to staff
regarding preparation of the FY 1995-96 City budget.
At 8:36 P.M., Mayor Rosenstein declared the public hearing
open. Member of the public Joy Fullmer expressed her concerns.
Members of the public Rosemary Regalbuto and Mark Olson spoke
in support of the Meals On Wheels program. Member of the
public Frank Schwengel spoke in support of the proposed 1995-96
budget for the Community and Cultural Services Division of the
City as proposed by the Recreation and Parks Commission.
Members of the public Janet Bregar and Lauren Burton spoke in
favor of support for social service agencies. Member of the
public Clay Evans spoke in favor of support for recreation
programs. Members of the public Rebecca Refuerzo and Alisa
Donner spoke in favor of support for programs for at-risk
youth. Member of the public Jennifer Wolch spoke in favor of
support for dog parks and social services. Councilmember
Genser moved to hear a late speaker. Second by Councilmember
Abdo. The motion was unanimously approved. Member of the
public Denis Karpeles spoke in favor of support of youth sports
programs. Mayor Rosenstein closed the public hearing at 9:10
P.M. Council asked questions of staff. Councilmember Abdo
moved, on behalf of the City Council, to approve the staff
recommendation, including the resolutions which recommend
revenue and expenditure budget changes, including the City's
earthquake recovery budget for public facilities, personnel
actions, and various fee increases to complete implementation
of fees previously approved in the Adopted Budget for FY 1994-
95; and approve the reimbursement list between the
Redevelopment Agency and the General Fund. Second by
Councilmember Holbrook. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
Agency Member Abdo moved, on behalf of the Redevelopment
Agency, to approve the staff recommendation, including the
resolutions which recommend revenue and expenditure budget
changes, including the City's earthquake recovery budget for
public facilities, personnel actions, and various fee increases
to complete implementation of fees previously approved in the
Adopted Budget for FY 1994-95; and approve the reimbursement
list between the Redevelopment Agency and the General Fund.
Second by Agency Member Holbrook. The motion was approved by
the following vote:
Redevelopment Agency vote:
Affirmative: Authority Members Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Chair Rosenstein
Commissioner Abdo moved, on behalf of the Housing Authority, to
approve the staff recommendation, including the resolutions
which recommend revenue and expenditure budget changes,
including the City's earthquake recovery budget for public
facilities, personnel actions, and various fee increases to
complete implementation of fees previously approved in the
Adopted Budget for FY 1994-95; and approve the reimbursement
list between the Redevelopment Agency and the General Fund.
Second by Commissioner Holbrook. The motion was approved by
the following vote:
Housing Authority vote:
Affirmative: Commissioners Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Chair Rosenstein
By virtue of the above action, Resolution No. 8866(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REVISING VARIOUS PERMIT AND USER FEES;"
Resolution No. 8867(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE
FISCAL YEAR 1994-95;"
Resolution No. 66(HAS) entitled: "A RESOLUTION OF THE HOUSING
AUTHORITY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR
THE FISCAL YEAR 1994-95;"
Resolution No. 447(RAS) entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AMENDING THE
BUDGET FOR THE FISCAL YEAR 1994-95;" and
Resolution No. 8868(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR
THE CLASSIFICATIONS OF GENERAL LEDGER SUPERVISOR AND PAYROLL
SUPERVISOR," were passed, approved, and adopted, reading by
title only and waiving further reading thereof.
At 10:00 P.M., the Special City Council/Housing Authority/
Redevelopment Agency Special Joint Meeting was adjourned and
the City Council Meeting was reconvened.
9-B: CLOSED SESSION: Held at end of meeting.
10-A: ASSESSMENT COSTS/REPAIRS TO SIDEWALKS/DRIVEWAYS/CURBS/
REMOVAL OF PAVEMENT: Presented was 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). Council asked questions of staff. At 10:02 P.M.,
Mayor Rosenstein declared the public hearing open. There being
no one wishing to speak, the public hearing was closed. Mayor
Pro Tempore Greenberg moved to acknowledge one protest and
adopt Resolution No. 8869(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE
ASSESSMENT COSTS AND THE REPORT OF THE SUPERINTENDENT OF
STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS,
CURBS AND REMOVAL OF DAMAGED PAVEMENT IN THE PARKWAY AREA ON
VARIOUS STREETS (SR-95-191)," reading by title only and waiving
further reading thereof. Second by Councilmember Ebner. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
14-A: APPOINTMENTS/LANDMARKS COMMISSION: Mayor Rosenstein
announced that the floor would consider nominations to the
Landmarks Commission. Councilmember O'Connor nominated Richard
Scott Page. There being no further nominations, nominations
were closed. Councilmember Genser moved to appoint Richard
Scott Page by acclamation to the Landmarks Commission for a
term ending June 30, 1997. The motion was duly seconded and
unanimously approved.
14-B: LETTER OF RESIGNATION/RALPH MECHUR/PLANNING COMMISSION:
Councilmember Abdo moved to accept the resignation of Ralph
Mechur from the Planning Commission with extraordinarily great
regrets and authorize the City Clerk to publish a Notice of
Unscheduled Vacancy. Second by Councilmember Genser.
Discussion was held. The motion was unanimously approved.
14-C: DECLARATION OF PARKS, BEACHES AND ADJACENT AREAS AS
DRUG-FREE ZONES: Presented was the request of Councilmember
Genser to declare the parks, beaches and adjacent areas as
drug-free zones in conformance with Section 11308.5 of the
Health and Safety Code. Councilmember Genser moved to direct
the City Attorney to prepare the appropriate resolutions
declaring the parks and beaches drug-free zones. Second by
Councilmember Abdo. Discussion was held. The motion was
unanimously approved.
14-D: EARTHQUAKE RECOVERY ORDINANCE: Presented was the
request of Councilmembers Genser and Holbrook to discuss
amending the Earthquake Recovery Ordinance. Members of the
public Teresa Rodriguez, Irma Vargas, and Umberto Capiro spoke
in support of amending the Earthquake Recovery Ordinance.
Councilmember Genser moved to amend the ordinance to allow for
the reconstruction of a damaged structure to a height and
square footage no greater than the preexisting structure, allow
the retention of existing non-conforming building elements,
provided no new non-conformities are created. Second by Mayor
Pro Tempore Greenberg. Discussion was held. Councilmember
Genser moved to amend his motion to direct staff to return with
the amendment as soon as possible. The motion was accepted as
friendly. The motion was unanimously approved.
14-E: YOUTH COMMISSION: Presented was the request of Mayor
Rosenstein and Councilmember Abdo to discuss creating a youth
commission which would concentrate on child care and youth
issues. Members of the public Irene Zivi, Stephen Alpert,
Joanne Leavitt, and Dave Quail spoke in support of the creation
of a youth commission. Member of the public Joy Fullmer
expressed her concerns. Mayor Rosenstein moved to direct staff
to investigate the creation of a youth commission in the City
that would concentrate on child care and youth issues and that
the investigation not only look at other mechanisms like this
in other cities but also involve those in the community who are
working on programs for young people and child care issues, as
well as athletic programs for young people, and include the
schools in those discussions, and return with a proposal as to
how a viable commission can be set-up and with ideas about
membership and a description of its tasks and functions.
Second by Councilmember Abdo. Discussion was held. The motion
was unanimously approved.
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns on various issues. Member of the public Jim
Donaldson discussed the Airport Commission meeting of February
27, 1995, and various airport issues. Member of the public
Dave Quail discussed human rights problems. Member of the
public Pro Se registered his support for the ADA.
9-B: CLOSED SESSION: At 10:56 P.M., Council adjourned to
Closed Session for conference with Legal Counsel with regard to
pending litigation as follows:
1. Doucette, et al. v. City of Santa Monica,
regarding homeless residents.
No action was taken.
ADJOURNMENT: At 11:25 P.M., the meeting was adjourned to
Tuesday, March 7, 1995, at 7:30 P.M., in memory of Holly
Bendik.
ATTEST: APPROVED:
Beth Sanchez Paul Rosenstein
Assistant City Clerk Mayor