CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 28, 1995
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:34 P.M., on Tuesday, March
28, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Ruth Ebner
Councilmember Ken Genser
(arrived at 6:35 P.M.)
Councilmember Robert T. Holbrook
(arrived at 6:50 P.M.)
Councilmember Pamela O'Connor
(arrived at 6:38 P.M.)
Councilmember Judy Abdo
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
Councilmember Greenberg led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
Councilmember Genser reported present at 6:35 P.M. and
Councilmember O'Connor reported present at 6:38 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. Member of the
public Joy Fullmer 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
Ebner. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, O'Connor,
Mayor Rosenstein
Absent: Councilmember Holbrook
6-A: USED OIL OPPORTUNITY GRANT APPLICATION/CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD: Resolution No. 8880(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE
A USED OIL OPPORTUNITY GRANT APPLICATION TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD," was adopted.
Staff Report
6-B: EXTENSION OF TIME PERIOD/LANDMARKS COMMISSION CERTIFICATE
OF APPROPRIATENESS/REPLACEMENT FENCE/415 PACIFIC COAST HIGHWAY:
Resolution No. 8881(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE TIME PERIOD
FOR EXERCISING A CERTIFICATE OF APPROPRIATENESS PERMITTING A
REPLACEMENT FENCE AT 415 PACIFIC COAST HIGHWAY," was adopted.
Staff Report
6-C: PROFESSIONAL SERVICES CONTRACT/ROOF DESIGN SERVICES/PIER
CAROUSEL/CITY YARDS TRANSFER STATION: Contract No. 7135(CCS)
was approved with Pugh Scarpa Kodama Associates in an amount
not to exceed $82,000 for roof design services for the Pier
Carousel building roof and the City Yard transfer station.
Staff Report
6-D: PROFESSIONAL SERVICES CONTRACT/PREPARATION OF BIDDING
DOCUMENTS/ACCESSIBILITY IMPROVEMENTS: Contract No. 7136(CCS)
was approved with People's Housing Inc. in the amount of
$100,000, for the preparation of bidding documents for
accessibility improvements at various City locations.
Staff Report
END OF CONSENT CALENDAR
8-A: EARTHQUAKE RECOVERY ACT: Presented was an ordinance for
introduction and first reading amending the Earthquake Recovery
Act to allow variations in height and retention of non-
conforming setbacks in specified circumstances for replacement
buildings. At 6:42 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 6:43
P.M. Council asked questions of staff. Councilmember Holbrook
arrived at 6:50 P.M. Mayor Rosenstein moved to introduce the
ordinance for first reading as presented with the proviso to
add Section 11 to page 22, which would read: "For purposes of
the Planning Commission review of an application for Earthquake
Recovery Permit, two members of the Architectural Review Board,
appointed by that body, shall sit with and vote with the
Planning Commission and five affirmative votes will be required
for approval," and renumber subsequent sections. Second by
Mayor Pro Tempore Greenberg. Discussion was held.
Councilmember Abdo moved to amend the motion that page 21(c)(1)
of the ordinance be amended to stipulate that the Planning
Commission must make findings as follows: (1) the structure's
architectural design is compatible with the area in which it is
located; (2) the plans for the proposed building or structure
are expressive of good taste, good design, and, in general,
contributes to the image of Santa Monica as a place of beauty,
creativity, and individuality; and (3) the proposed building or
structure is not of an inferior quality such as to cause the
nature of the local neighborhood or environment to materially
depreciate in appearance or value. Discussion was held. The
motion was accepted as friendly. Discussion was held. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Abdo, Mayor Rosenstein
Negative: Councilmember Ebner
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING AND REENACTING THE EARTHQUAKE RECOVERY ACT," was
introduced for first reading, as amended, reading by title only
and waiving further reading thereof.
8-B: AMENDMENT TO ZONING ORDINANCE/DEFINITIONS/ADJUSTMENTS:
Presented was an ordinance for introduction and first reading
amending Zoning Ordinance Sections 9.04.02.030 regarding
definitions and 9.04.20.34.030 regarding adjustments. Council
asked questions of staff. At 7:24 P.M., Mayor Rosenstein
declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Member of the public Alex
Capron spoke in support of the adjusted amendment to the
definition of average natural grade. Mayor Rosenstein closed
the public hearing at 7:28 P.M. Council asked questions of
staff. The remainder of this item was trailed until later in
the meeting.
Staff Report
8-C: DRIVE-IN/DRIVE-THROUGH/FAST FOOD RESTAURANTS: Presented
was an ordinance for introduction and first reading requiring
drive-in, drive-through and fast food restaurants located
adjacent to residentially zoned properties to obtain a
conditional use permit for specified drive-up windows hours of
operation on an interim basis; and recommendation to adopt a
resolution of intention directing Planning Commission to
initiate an amendment to the Zoning Ordinance to regulate hours
of operation as of May 1, 1998. Council asked questions of
staff. At 7:53 P.M., Mayor Rosenstein declared the public
hearing open. Member of the public Joy Fullmer expressed her
concerns. Members of the public Jack Rubens, John Emanuelli,
and Mitesh Gala spoke in opposition to the proposed ordinance
and spoke in support of Foodmaker, Inc.'s proposal to
voluntarily reduce the hours of operation of the drive-through
and construct a sound wall. Member of the public Donald
Brandt, Leon Ferder, Giok Brandt, and Allison Velkes spoke in
support of the proposed ordinance and in opposition to the
proposal made by Foodmaker, Inc. Members of the public Judy
Silverman, Ron Velkes, and Sylvia Shniad spoke in support of
the proposed ordinance. Members of the public Linda Torres and
Robert Chairez spoke in opposition to the proposed ordinance.
Mayor Rosenstein closed the public hearing at 8:23 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 REQUIRING DRIVE-IN, DRIVE-THROUGH AND FAST
FOOD RESTAURANTS LOCATED ADJACENT TO RESIDENTIALLY ZONED
PROPERTIES TO OBTAIN A CONDITIONAL USE PERMIT FOR SPECIFIED
DRIVE-UP WINDOW HOURS OF OPERATION ON AN INTERIM BASIS,"
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
Council asked questions of staff. Mayor Pro Tempore Greenberg
moved to adopt Resolution No. 8882(CCS) entitled: "A
RESOLUTION OF INTENTION OF DIRECTING THE PLANNING COMMISSION TO
INITIATE A TEXT AMENDMENT OF THE COMPREHENSIVE LAND USE AND
ZONING ORDINANCE OF THE CITY OF SANTA MONICA," 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, Abdo, Mayor Rosenstein
Council asked questions of staff.
8-B: AMENDMENT TO ZONING ORDINANCE/DEFINITIONS/ADJUSTMENTS
(RESUMED): Discussion was held. Mayor Pro Tempore Greenberg
moved to introduce for first reading, as amended with regard to
average natural grade definition, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ZONING ORDINANCE SECTION 9.04.02.030 REGARDING
DEFINITIONS; AND SECTION 9.04.20.34.030 REGARDING ADJUSTMENTS,"
reading by title only and waiving further reading thereof.
Second by Councilmember Ebner. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
Councilmember Abdo moved to remand the remainder of this item
to staff for further work and that it be returned to Council.
Discussion was held. Second by Councilmember O'Connor. The
motion was unanimously approved.
At 8:31 P.M., Council adjourned for a short recess. Council
reconvened at 8:50 P.M. with all members present.
9-A: CONTRACT/FIVE STAR PARKING/BEACH PARKING LOTS: Presented
was the staff report recommending authorization for the City
Manager to negotiate and execute a contract with Five Star
Parking, in the amount of $1,061,391 for a three-year period,
for the operation and management of the Santa Monica beach
parking lots and approve appropriation. Council asked
questions of staff. At 8:56 P.M., Mayor Rosenstein declared
the public hearing open. Member of the public Joy Fullmer
expressed her concerns. Member of the public Joseph Lumer
presented himself for questions. Mayor Rosenstein closed the
public hearing at 8:57 P.M. Council asked questions of staff.
Councilmember Genser moved to approve Contract No. 7137(CCS)
with Five Star Parking, in the amount of $1,061,391 for a
three-year period, for the operation and management of the
Santa Monica beach parking lots. Second by Mayor Pro Tempore
Greenberg. Council asked questions of Joseph Lumer.
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
Mayor Pro Tempore Greenberg moved to appropriate $57,232 for
May and June 1995 beach parking operation under the new
contract. Second by Councilmember Genser. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
9-B: CLOSED SESSION: Held at end of meeting.
13-A: STEVE GARR/RENTAL OF PORTION OF PROPERTY/1315 ALTA
AVENUE: Presented was the request of Steve Garr to address
Council regarding rental of a portion of the property on 1315
Alta Avenue. Discussion was held. This item was received and
filed.
13-B: STACEY MICKELL/INCIDENT/POLICE DEPARTMENT: Presented
was the request of Stacey Mickell to address Council regarding
an incident with the Police Department. Council asked
questions of Ms. Mickell. Discussion was held. This item was
referred to staff.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Discussion was
held. Councilmember Abdo moved to continue the appointment to
the Airport Commission. Second by Councilmember Ebner. The
motion was approved, Councilmember Genser opposed.
Mayor Rosenstein announced that the floor would consider
nominations to the Arts Commission. Councilmember Abdo
nominated Chris DeCarlo. Discussion was held. Councilmember
Ebner nominated Bob Kronovet. Discussion was held. There
being no further nominations, nominations were closed. On a
call for the vote, Chris DeCarlo was appointed to the Arts
Commission for a term ending June 30, 1995.
Mayor Rosenstein announced that the floor would consider
nominations to the Bayside District Corporation. Mayor
Rosenstein nominated Don Wheeler. Councilmember Genser
nominated Nancy Desser. Councilmember Holbrook nominated
Sherry Kellogg. Discussion was held. There being no further
nominations, nominations were closed. On a call for the vote,
Don Wheeler was appointed to the Bayside District Corporation
for a term ending June 30, 1995.
Mayor Rosenstein announced that the floor would consider
nominations to the Commission on the Status of Women.
Councilmember O'Connor nominated Gloria Curiel. Discussion was
held. Councilmember Holbrook nominated Arthur Remen. There
being no further nominations, nominations were closed. On a
call for the vote, Gloria Curiel was appointed to the
Commission on the Status of Women for a term ending June 30,
1995.
Mayor Rosenstein announced that the floor would consider
nominations to the Housing Commission. Councilmember Abdo
nominated Herman Rosenstein. Discussion was held. There being
no further nominations, nominations were closed. On a call for
the vote, Herman Rosenstein was appointed to the Housing
Commission for a term ending June 30, 1998, Councilmember Ebner
refused to participate and was excused from the dais, Mayor
Rosenstein abstained.
The appointment to the Pier Restoration Corporation was
continued.
14-B: LETTER OF RESIGNATION/DIANNE GLINOS/RECREATION AND PARKS
COMMISSION: Councilmember Genser moved to accept with great
regret the letter of resignation from Dianne Glinos of the
Recreation and Parks Commission and authorize the City Clerk to
publish a Notice of Vacancy. Second by Mayor Pro Tempore
Greenberg. The motion was unanimously approved, Councilmember
Ebner absent.
14-C: SUPPORT OF AB1035/PROHIBITION OF LOITERING FOR THE
PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY OR PROSTITUTION:
Presented was the request of Mayor Pro Tempore Greenberg to
discuss support of AB1035 which will prohibit loitering for the
purpose of engaging in drug-related activity or prostitution.
Member of the public Joy Fullmer expressed her concerns. Mayor
Pro Tempore Greenberg moved that the City Council support
AB1035 and communicate to Assemblyman Katz and to the Public
Safety Committee, before whom this bill will be heard on April
4, 1995. Second by Councilmember Genser. The motion was
approved, Councilmember Ebner and Councilmember Abdo were
absent.
14-D: AUTHORIZATION/COMMISSION ON THE STATUS OF WOMEN/LOBBY/
ISSUES ON DOMESTIC VIOLENCE AND AFFIRMATIVE ACTION: Presented
was the request of Councilmember O'Connor to discuss
authorizing the Commission on the Status of Women to lobby in
Sacramento regarding issues on domestic violence and
affirmative action. Members of the public Laurie Newman and
Rita Lowenthal spoke in support of authorizing the Commission
on the Status of Women to lobby in Sacramento regarding issues
on domestic violence and affirmative action. Councilmember
Greenberg was excused from the dais. Member of the public Joy
Fullmer expressed her concerns. Discussion was held.
Councilmember O'Connor moved to authorize representatives of
the Commission on the Status of Women to lobby in Sacramento
regarding issues on domestic violence and affirmative action.
Second by Councilmember Abdo. The motion was unanimously
approved, Mayor Pro Tempore Greenberg and Councilmember Ebner
absent.
14-E: DECLARE OPPOSITION/SB1257/AB1944/VACANCY DECONTROL:
This item was tabled until all Councilmembers are present.
14-F: ENTRY IN TOURNAMENT OF ROSES PARADE: Presented was the
request of Councilmember Holbrook to discuss the City's entry
in the Tournament of Roses Parade. Councilmembers Ebner and
Greenberg returned to the dais. Council asked questions of
Councilmember Holbrook. Discussion was held. Councilmember
Holbrook moved to ask staff to make recommendations. Second by
Councilmember Genser. The motion was unanimously approved.
14-E: DECLARE OPPOSITION/SB1257/AB1944/VACANCY DECONTROL:
Presented was the request of Councilmember Genser that the City
Council declare its opposition to SB1257 (Costa) and AB1944
(Knowles), and that it declare its continued opposition to
vacancy decontrol. Councilmember Genser moved that Council
declare its firm opposition to SB1257 and AB1944, to declare
its continuous opposition to vacancy decontrol, and staff
communicate these positions to the legislature and the
governor. Second by Councilmember Abdo. Discussion was held.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concern on various issues. Member of the public Jim
Donaldson discussed airport issues. Member of the public
Richard Israel addressed Council with regard to the Miles Park
project.
9-B: CLOSED SESSION: At 10:27 P.M., Council adjourned to
Closed Session for conference with Legal Counsel with regard to
existing litigation as follows:
1. Santa Monica Housing Council v. City of Santa
Monica, LASC #SS005191;
2. In the Matter of Michael Landis and City of
Santa Monica, Case No. 571-34-9935-L-61721 (no
action taken);
and conference with labor negotiator:
1. City Negotiator: Karen Bancroft, Personnel
Director. Employee Organization: Municipal
Employees Association (MEA).
No action was taken.
At 12:15 A.M., Council reconvened with all members present.
Councilmember Holbrook moved to approve the proposed settlement
agreement which, among other things, defines the terms
"constraint" and "adequate sites," and establishes certain
procedures that will be followed in updating the Housing
Element to comply with state law. Second by Councilmember
Ebner. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook,
Greenberg, Ebner, Mayor
Rosenstein
Negative: Councilmembers O'Connor, Genser, Abdo
ADJOURNMENT: At 12:19 A.M., the meeting was adjourned to
Tuesday, April 11, 1995, at 6:30 P.M.
ATTEST: APPROVED:
Beth Sanchez Paul Rosenstein
Assistant City Clerk Mayor