CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 21, 1995
An adjourned meeting of the Santa Monica City Council was
called to order by Mayor Rosenstein at 6:35 P.M., on Tuesday,
March 21, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
(arrived at 6:36 P.M.)
Councilmember Ruth Ebner
Councilmember Ken Genser
Councilmember Pamela O'Connor
Councilmember Judy Abdo
Absent: Councilmember Robert T. Holbrook
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
Councilmember Ebner led the assemblage in the Pledge of Alle-
giance to the Flag of the United States of America.
Mayor Pro Tempore Greenberg reported present at 6:36 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, Elizabeth Hoag, and Colin Petrie
addressed items on the Consent Calendar. Councilmember Genser
moved to approve the Consent Calendar reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by Councilmember O'Connor. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers O'Connor,
Greenberg, Genser, Ebner, Abdo,
Mayor Rosenstein
Absent: Councilmember Holbrook
6-A: MINUTES APPROVAL: The City Council minutes of February
7, 21, 28, and March 7, 1995, were approved as submitted.
6-B: UPPER-LEVEL STEPBACK REQUIREMENTS: Ordinance No.
1791(CCS) 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," was adopted.
6-C: REGULATION OF MASSAGE TECHNICIANS: Ordinance No.
1792(CCS) 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," was adopted.
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8874(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: SALARY RATE/MAINTENANCE CREW LEADER: Resolution No.
8875(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE
CLASSIFICATION OF MAINTENANCE CREW LEADER," was adopted.
6-F: U.S. CONSTITUTION DAY PARADE/SEPTEMBER 16, 1995:
Resolution No. 8876(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF
A PARADE OF SEPTEMBER 16, 1995, ON A ROUTE OTHER THAN THE
OFFICIAL CITY PARADE ROUTE," was adopted.
6-G: CERTIFICATION/STATEMENT OF OFFICIAL ACTION/APPEAL/DR
94-006/ARBORETUM DEVELOPMENT AGREEMENT/SUPERMARKET: The
Statement of Official Action for the Appeal of Planning
Commission denial of DR 94-006 (Arboretum Development Agreement
Review of specific buildings) to allow the construction of a
supermarket was approved.
6-H: AWARD OF CONTRACT/PICO-KENTER STORM DRAIN HYDROCARBON
SENSOR SYSTEM PROJECT: Contract No. 7134(CCS) was awarded to
Cecon Company, the lowest responsible bidder, for the
installation of the Storm Drain Hydrocarbon Sensor System, in
the amount of $209,000 contingent upon the execution of the new
Agreement and the City Engineer was authorized to issue any
necessary change orders to complete additional work in
conformance with the Administrative Instructions on change
orders.
6-I: SHORT RANGE TRANSIT PLAN UPDATE/LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY: The City Manager was
authorized to file the required Short Range Transit Plan
updates with the Los Angeles County Metropolitan
Transportation Authority and the Southern California
Association of Governments and to file applications for transit
subsidy funds made available by the Los Angeles County
Metropolitan Transportation Authority.
END OF CONSENT CALENDAR
4-A: PRESENTATION/HUD CERTIFICATES OF APPRECIATION/EARTHQUAKE
HOUSING PROGRAM: Mayor Rosenstein presented Certificates of
Appreciation from the U. S. Department of Housing and Urban
Development regarding Earthquake Housing Program.
7-A: CUP 94-009/EIR 95-001/STATEMENT OF OVERRIDING
CONSIDERATIONS/3223 SANTA MONICA BOULEVARD: Presented was the
staff recommendation to uphold the appeal and approve
Conditional Use Permit 94-009; adopt resolutions certifying
Environmental Impact Report 95-001 and adopt the Statement of
Overriding Considerations at 3223 Santa Monica Boulevard (auto
dealership with service bays). Applicant: Shahab Ghods.
Appellants: Judy Abdo and Kelly Olsen. There was no
presentation by the appellants. Applicant Shahab Ghods spoke
in support of the staff report, with the exception of Condition
No. 70, which mitigations will be offered to the City of Los
Angeles. Council asked questions of Mr. Ghods. Member of the
public Joy Fullmer expressed her concerns. Councilmember
Genser moved to hear a late speaker. Second by Councilmember
Abdo. The motion was unanimously approved, Councilmember
Holbrook absent. Member of the public Eveline Leigner
expressed her concern with the condition of the intersection at
Centinela. Applicant Shahad Ghods presented a rebuttal.
Council asked questions of staff. Mayor Pro Tempore Greenberg
moved to uphold the appeal and approve the CUP with the
modification that the offer to the City of Los Angeles as
outlined in Condition No. 70 be done when the Certificate of
Occupancy is granted. Second by Councilmember Ebner.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, O'Connor,
Mayor Rosenstein
Absent: Councilmember Holbrook
Mayor Pro Tempore Greenberg moved to adopt Resolution No.
8877(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT ON THE CHEVROLET/GEO AUTOMOBILE DEALERSHIP AT 3223 SANTA
MONICA BOULEVARD," and Resolution No. 8878(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MAKING CEQA FINDINGS NECESSARY TO APPROVE CHEVROLET/GEO
DEALERSHIP AT 3223 SANTA MONICA BOULEVARD AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATION," 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, O'Connor,
Mayor Rosenstein
Absent: Councilmember Holbrook
8-A: ORDINANCE/REQUIRED PARKING SPACES/COMMON SUBTERRANEAN
PARKING STRUCTURES: Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Sections 9.04.10.08.190 and 9.04.10.08.200 regarding
location of required parking spaces and common subterranean
parking structures. At 7:08 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 7:09 P.M. 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 9.04.10.08.190
AND 9.04.10.08.200 REGARDING COMMON SUBTERRANEAN PARKING
STRUCTURES AND LOCATION OF REQUIRED PARKING SPACES," 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 O'Connor,
Greenberg, Genser, Ebner, Abdo,
Mayor Rosenstein
Absent: Councilmember Holbrook
9-A: PROHIBITION OF DEVICES WITH WHEELS/THIRD STREET
PROMENADE/ PUBLIC PARKING STRUCTURES/DOUGLAS PARK/LINCOLN PARK:
Presented was the staff report recommending adoption of a
resolution pursuant to Santa Monica Municipal Code Sections
3.12.590, 3.12.600 and 3.12.610 to prohibit the use of roller
skates, skateboards, and similar devices with wheels on the
Third Street Promenade, in public parking structures, in
Douglas Park and Lincoln Park. Council asked questions of
staff. Member of the public Joy Fullmer expressed her
concerns. Members of the public Jacob Goldman, Gerald Goldman,
Richard Grossi, Robert Wright, and Tommy and Ryan spoke in
opposition to the proposed prohibitions. Member of the public
Casey Ure spoke in support of the proposed prohibitions.
Member of the public Jerry Rubin spoke in opposition to the
proposed prohibitions and suggested the adoption of a reckless
skating law. Councilmember Abdo moved to hear late speakers.
Second by Councilmember O'Connor. The motion was unanimously
approved, Councilmember Holbrook absent. Members of the public
Harry Perry, Sherry Leadmon, and Mike Feinstein spoke in
opposition to the proposed prohibitions and suggested the
adoption of a reckless skating law. Member of the public
Randall Ott spoke in opposition to the proposed prohibitions.
Council asked questions of staff. Discussion was held.
Councilmember O'Connor moved to direct staff to investigate
options such as a citywide reckless skating ordinance (with an
emphasis on parks and the Third Street Promenade) to determine
application and enforcement issues and investigate the
opportunities for after school activities for children and how
the parks play a part in that activity. Second by
Councilmember Abdo. Council asked questions of staff.
Discussion was held. Mayor Pro Tempore Greenberg moved a
substitute motion to have a total ban on skateboards, and
similar devices, in the parking structures; ask staff to
investigate whether or not there are areas in Lincoln Park and
Douglas Park which could be set aside for skating; ask staff to
investigate a reckless skating ban on the Promenade and
determine a definition for "reckless skating" (including flips,
backward skating, etc.) which would be either an infraction or
a misdemeanor, depending upon how the City would like to charge
it; and ask staff to conduct discussions with the schools to
determine if there is some way for the schools to allow skating
and bicycling on the school grounds. Second by Councilmember
Genser. Councilmember O'Connor withdrew her motion.
Councilmember Genser moved to amend the motion with regard to
skating in the parks that a stipulation be made as to where
skating should be prohibited rather than where it should be
allowed. Discussion was held. Councilmember Genser withdrew
his amendment. Councilmember Genser moved to amend the motion
to investigate the prohibition of skateboards on the Promenade.
The motion was accepted as friendly. Discussion was held. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, O'Connor
Negative: Mayor Rosenstein
Absent: Councilmember Holbrook
At 8:52 P.M., Council adjourned for a short recess. Council
reconvened at 9:11 P.M. with all members present.
9-B: SETTLEMENT AGREEMENT/NATIONAL MEDICAL ENTERPRISE:
Presented was the staff report recommending authorization for
the City Manager to negotiate and execute a settlement
agreement with National Medical Enterprise. Council asked
questions of staff. Member of the public Joy Fullmer expressed
her concerns. Members of the public Mat Millen, Peter Tigler,
and Chris Harding spoke in support of the staff recommendation.
Member of the public Merritt Coleman addressed items in the
staff report. Member of the public Sabine Schlosser spoke in
support of a fair settlement. Discussion was held.
Councilmember Genser moved to enforce the provisions for the
community room in the existing development agreement. The
motion died for lack of a second. Councilmember Abdo moved to
accept National Medical Enterprise's settlement proposal;
direct staff to work with the Pico Neighborhood Association and
Mid-City Neighbors to develop an acceptable plan for use of
these funds; and long-term park planning efforts include
strategies for enhancing parks and open space in the impacted
neighborhoods. Second by Mayor Pro Tempore Greenberg.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers O'Connor,
Greenberg, Ebner, Abdo, Mayor
Rosenstein
Negative: Councilmember Genser
Absent: Councilmember Holbrook
9-C: CLOSED SESSION: Held at end of meeting.
14-A: REVIEW STANDARDS/ZONING ORDINANCE/PEDESTRIAN
ORIENTATION/ NEW BUILDINGS AND REMODELS: Presented was the
request of Mayor Rosenstein to discuss directing staff to
review possible standards for the Zoning Ordinance to improve
pedestrian orientation of new buildings and remodels of
existing buildings in appropriate zones of the City.
Discussion was held. Mayor Rosenstein moved to ask staff to
return with a remedy for ensuring that retail facilities on
commercial strips are pedestrian oriented and pedestrian
friendly. Second by Councilmember Genser. The motion was
approved, Councilmember Ebner opposed, Councilmember Holbrook
absent.
14-B: SUPPORT OF SB335/PROVISION OF MINIMUM
SECURITY/APARTMENTS: Presented was the request of
Councilmember O'Connor to discuss support of SB335, which
requires that apartment owners provide minimum security in
rentals such as, lights, deadbolts, and window locks.
Councilmember O'Connor moved to support SB335. Second by
Councilmember Abdo. Discussion was held. The motion was
approved, Mayor Pro Tempore Greenberg abstained, Councilmember
Holbrook absent.
14-C: UPDATE/METHODS OF INCREASING CONTROLS/PURCHASE OF GUN
AMMUNITION AND FIREARMS: Presented was the request of Mayor
Rosenstein and Councilmember Abdo to request an update from
staff on methods of increasing controls on the purchase of gun
ammunition and firearms. Members of the public Joanne Leavitt
and Pam Brady spoke in support of the proposal. Councilmember
Abdo moved to hear late speakers. Second by Councilmember
O'Connor. The motion was unanimously approved, Councilmember
Holbrook absent. Members of the public Robert Wright and Joy
Fullmer expressed their concerns. Mayor Rosenstein moved to
direct staff to return with an ordinance based upon the
Pasadena ordinance controlling the sale of ammunition in the
City. Council asked questions of staff. Second by
Councilmember Abdo. Discussion was held. The motion was
unanimously approved, Councilmember Holbrook absent.
Councilmember Abdo moved to support the efforts of the
coalition and the City be a leader in this coalition for non-
violent Santa Monica and ask staff to take steps necessary to
move the City in this direction, and ask staff to coordinate
this with the school district, the college, and any other
institutions. Second by Mayor Rosenstein. Discussion was
held. The motion was approved, Councilmember Ebner abstained
and Councilmember Holbrook absent.
14-D: CALIFORNIA STATE DEPARTMENT OF JUSTICE/USE OF COUNCIL
CHAMBERS: Presented was the request of Mayor Rosenstein to
discuss approval of the California State Department of Justice
to use the Council Chambers on March 23, 1995, and waiver of
customary fee. Mayor Rosenstein moved to approve the
California State Department of Justice to use the Council
Chambers on March 23, 1995, and waive the customary fee.
Second by Councilmember Abdo. The motion was unanimously
approved, Councilmember Holbrook absent.
14-E: GUIDELINES/COUNCIL TRAVEL/EXPENSES/USE OF CITY AND
COUNCIL STAFF: Presented was the request of Mayor Pro Tempore
Greenberg to discuss directing staff to draft guidelines
defining the scope of authority of councilmembers as it
generally relates to travel, expenses, and use of city and
council staff. Mayor Pro Tempore Greenberg moved to direct
staff to draft guidelines with regard to segregating the travel
policy for councilmembers from the general city travel policy,
the implementation of a small expense account (approximately
$150 per year) for councilmembers, the use of city and council
staff and resources, and guidelines as to those tasks and
provision of information which staff can and cannot perform for
councilmembers. Second by Mayor Rosenstein. Discussion was
held. The motion was unanimously approved, Councilmember
Holbrook absent.
14-F: SUPPORT OF PUBLIC BROADCASTING: Presented was the
request of Mayor Rosenstein to adopt a resolution in support of
public broadcasting and direct staff to communicate this action
to the appropriate authorities. Mayor Rosenstein moved to take
a position in support of public financing of public
broadcasting and authorize staff to communicate this action to
the appropriate authorities. Second by Councilmember Abdo.
The motion was unanimously approved, Councilmember Holbrook
absent.
Councilmember Abdo moved to extend the meeting to 12:00
Midnight. Second by Councilmember O'Connor. The motion was
unanimously approved, Councilmember Holbrook absent.
14-G: RESTRIPING/OCEAN PARK BOULEVARD: Presented was the
request of Councilmember Ebner to discuss restriping of Ocean
Park Boulevard. Members of the public J. Steel, Susan
Papadakis, discussed noticing with regard to the restriping of
Ocean Park Boulevard. Member of the public Kip Kolodziejski
discussed noticing with regard to the restriping of Ocean Park
Boulevard and spoke in support of the City's original
agreement. Members of the public Mike Feinstein, Frank Gruber,
Jane Spiller, Bob Taylor, and Terri Walsh spoke in support of
restriping Ocean Park Boulevard. Mayor Pro Tempore Greenberg
moved to hear a late speaker. Second by Councilmember Genser.
The motion was unanimously approved, Councilmember Holbrook
absent. Member of the public Pauline Bohannon spoke in support
of restriping Ocean Park Boulevard. Councilmember Ebner moved
to direct staff to explore means of getting notice to the
citizens from the city about any kind of neighborhood traffic
plan that would impact the neighborhood and asked that staff
determine the cost to send notices directly and the cost to the
city to send notices through the neighborhood organizations.
Second by Councilmember Abdo. Council asked questions of
Councilmember Ebner. Discussion was held. The motion was
withdrawn.
14-H: COUNCIL TRAVEL ALLOWANCE/CALIFORNIA EXECUTIVE ACADEMY:
Presented was the request of Mayor Pro Tempore Greenberg for
approval of Council Travel Allowance to attend the California
Executive Academy, sponsored by the Governor's Office of
Intergovernmental Affairs, to be held on April 12 and 13, 1995,
in Sacramento. Mayor Pro Tempore Greenberg moved to approve
the attendance of any councilmember who so desires to attend
the California Executive Academy be allowed to utilize Council
Travel Allowance. Second by Councilmember Genser. The motion
was unanimously approved, Councilmembers Ebner and Holbrook
absent.
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns on various issues. Member of the public Pro Se
discussed the City's water policy as it applies to low income
seniors and low income disabled persons.
9-C: CLOSED SESSION: At 11:52 P.M., Council adjourned to
Closed Session for conference with Legal Counsel with regard to
the following:
1. Santa Monica Housing Council v. City of Santa Monica,
LASC #SS005191;
2. Watergarden Association v. City Council, et al., LASC
#BS032737;
3. Friends of Sunset Park v. City of Santa Monica, LASC
#BS032734;
4. In the Matter of Michael Landis and City of Santa
Monica, Case No. 571-34-9935-L-61721. Not discussed.
No action was taken.
At 12:34 A.M., Council reconvened, Councilmember Holbrook
absent.
ADJOURNMENT: At 12:36 A.M., the meeting was adjourned in
memory of Langdon Bower.
ATTEST: APPROVED:
Beth Sanchez Paul Rosenstein
Assistant City Clerk Mayor