CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 11, 1995
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:33 P.M., on Tuesday, April
11, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Judy Abdo
Councilmember Ruth Ebner
(arrived at 6:37 P.M.)
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Pamela O'Connor
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.
4-B: PROCLAMATION/TAKE OUR DAUGHTERS TO WORK DAY: Mayor
Rosenstein presented a proclamation declaring April 27, 1995 to
be "Take our Daughters to Work Day" in the City of Santa
Monica.
Councilmember Ebner reported present at 6:37 P.M.
4-A: PLAQUES/PAST MEMBERS OF BOARDS AND COMMISSIONS: Mayor
Rosenstein presented plaques to past members of Boards and
Commissions.
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 Holbrook moved to approve the Consent Calendar
with the exception of Item Nos. 6-B, 6-F, 6-H, and 6-K, reading
resolutions and ordinances by title only and waiving further
reading thereof. 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
6-A: MINUTES APPROVAL: The City Council minutes of March 21,
1995, were approved as submitted, and March 28, 1995, as
amended.
6-C: DRIVE-IN/DRIVE-THROUGH/FAST FOOD RESTAURANTS: Ordinance
No. 1794(CCS), 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," was
adopted.
Staff Report
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8883(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
6-E: FINAL SUBDIVISION MAP/TRACT NO. 51850/TPC-316/425 IDAHO
AVENUE: Resolution No. 8884(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51850 AT 425
IDAHO AVENUE," was adopted.
Staff Report
6-G: MEMBERSHIP/CITIES FOR CLIMATE PROTECTION CAMPAIGN:
Resolution No. 8885(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE MEMBERSHIP
OF SANTA MONICA IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN,"
was adopted.
Staff Report
6-I: RESOLUTION/DAY WITHOUT VIOLENCE/APRIL 23, 1995:
Resolution No. 8887(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING APRIL 23, 1995,
AS A "DAY WITHOUT VIOLENCE" IN THE CITY OF SANTA MONICA," was
adopted.
Staff Report
6-J: AWARD OF BID/FINANCING/STREET SWEEPERS: Bid No. 2521 was
awarded to Municipal Leasing Associates in the amount of
$104,684.79 per year to provide lease/purchase financing of
three CNG-powered street sweepers for the Street Cleaning/Beach
Maintenance Division, Environmental & Public Works Management
Department.
Staff Report
END OF CONSENT CALENDAR
6-B: ZONING ORDINANCE/DEFINITIONS: Council asked questions of
staff. Mayor Pro Tempore Greenberg moved to adopt Ordinance
No. 1793(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTION
9.04.02.030 REGARDING DEFINITIONS," reading by title only and
waiving further reading thereof. Second by Councilmember
Holbrook. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
6-F: OPPOSITION/SENATE BILL 176/ASSEMBLY BILL 1947: Council
asked questions of staff. Mayor Pro Tempore Greenberg moved to
table the resolutions opposing the passage of Senate Bill 176
(Alquist) concerning the dissemination of information on
products containing hazardous ingredients and Assembly Bill
1947 (Battin) adding significant bureaucratic requirements for
all local ordinances concerning hazardous materials, until the
meeting of April 25, 1995. Second by Councilmember Ebner. The
motion was unanimously approved.
Staff Report
6-H: DECLARATION/DRUG-FREE ZONES: Councilmember Genser moved
to adopt Resolution No. 8886(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING PARKS
AND BEACHES, INCLUDING ADJACENT PARKING LOTS AND SIDEWALKS, TO
BE DRUG-FREE ZONES PURSUANT TO HEALTH AND SAFETY CODE SECTION
11380.5," reading by title only and waiving further reading
thereof, and request that staff report back with regard to
their plans for posting. Second by Mayor Pro Tempore
Greenberg. 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
6-K: FOURTH OF JULY FESTIVITIES: Presented was the staff
report recommending the approval of community-oriented Fourth
of July festivities. Discussion was held. Councilmember
Genser moved to request staff to amend its plan for addressing
the Fourth of July to include a "Dawn's Early Light" program on
the morning of July 4, 1995. Second by Councilmember Abdo.
Discussion was held. The motion failed by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Genser,
O'Connor
Negative: Councilmembers Ebner, Greenberg, Holbrook,
Mayor Rosenstein
Council asked questions of staff. Councilmember Genser moved
to endorse the proposed co-sponsorship of Santa Monica
College's July 1, 1995, fireworks celebration and production of
an afternoon community event in Palisades Park and the Santa
Monica Pier on July 4, 1995, with the amendment that as a
condition of funding the City receive acknowledgment
commensurate with the level of funding, and authorize staff to
proceed with event planning and preparation. Second by Mayor
Pro Tempore Greenberg. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
7-A: APPEAL/CUP 94-017/1233 THIRD STREET PROMENADE: Presented
was the appeal of Planning Commission denial of Conditional Use
Permit 94-017, 1233 Third Street Promenade.
Applicant/appellant: Richard Grossi, Santa Monica Sports Club.
Council asked questions of staff. Applicant/appellant Richard
Grossi spoke in support of the appeal. Council asked questions
of Mr. Grossi. At 7:21 P.M., Mayor Rosenstein declared the
public hearing open. Member of the public Joy Fullmer
expressed her concerns. Member of the public Dodd Mitchell
spoke in support of the appeal. Mayor Rosenstein closed the
public hearing at 7:33 P.M. Council asked questions of staff.
Discussion was held. Councilmember Genser moved to overturn
the denial of the Planning Commission and uphold the appeal and
grant the permit subject to the following conditions: alcohol
is only dispensed in the amount of space and the number of
seats that are shown on the plans; it is only valid as long as
this eating establishment is part of a health club operation;
alcohol can only be sold to patrons indicating their intent to
purchase a meal; and typical standard hours, percentages of
sales, etc. as are on most of the permits which have been
adopted; granting of the CUP is contingent on obtaining a
license from the Alcoholic Beverage Control; conditions be
posted on the property; and staff return with findings. Second
by Councilmember Holbrook. Council asked questions of staff.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser, Abdo
Negative: Mayor Rosenstein
Abstain: Councilmember Ebner
8-A: ORDINANCE/REQUIRED PARKING SPACES/COMMON SUBTERRANEAN
PARKING STRUCTURES: Presented was an ordinance for second
reading and adoption 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. Mayor Pro Tempore Greenberg moved to adopt
Ordinance No. 1795(CCS) 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 Genser. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
8-B: ORDINANCE/EARTHQUAKE RECOVERY ACT: Presented was an
ordinance for second reading and adoption amending and
reenacting the Earthquake Recovery Act. Mayor Pro Tempore
Greenberg moved to adopt Ordinance No. 1796(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING AND REENACTING THE EARTHQUAKE RECOVERY ACT," reading
by title only and waiving further reading thereof. Second by
Councilmember O'Connor. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Greenberg, Genser,
Ebner, Abdo, Mayor Rosenstein
8-C: ORDINANCE/PLANNING PERMITS/BUILDING PERMITS: Presented
was an ordinance for introduction and first reading amending
Article IX of the Santa Monica Municipal Code relating to the
term length of planning permits, commencement of use and
recommendation to adopt guidelines to address expiration of
building permits. Council asked questions of staff. At 8:05
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 8:07 P.M.
Councilmember Genser moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE ZONING
ORDINANCE REGARDING PERMIT LENGTH, COMMENCEMENT OF USE, AND
EXPIRATION," amending the second line of Section 9.04.20.08.040
to read that if the permit is for affordable housing for a
mixed use project where the housing units comprise over 75% of
the floor area that has received City, State of Federal funding
in which 50% of the units are deed-restricted to be affordable
to low income households and the remainder of the units are
deed-restricted to be affordable to moderate income households,
in the absence of a time period established by the Zoning
Administrator of Planning Commission on appeal and include this
definition in Section 10 also. Second by Mayor Pro Tempore
Greenberg. Staff clarified wording would be: "100%
affordable, at least 50% of which are affordable to low
income." The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
Councilmember Genser moved to ask staff, in addition to
proceeding with the guidelines, to explore ways in which the
City could by ordinance amend the Building Code to more
precisely define what "progress" is. Discussion was held.
Second by Mayor Pro Tempore Greenberg. The motion was
unanimously approved.
At 8:15 P.M., Council adjourned for a short recess. Council
reconvened at 8:35 P.M. with all members present except
Councilmember Ebner who reported present at 8:40 P.M.
9-A: RENOVATION PLANS/MILES MEMORIAL PLAYHOUSE: Presented was
the staff report recommending approval of basic renovation
plans for Miles Memorial Playhouse and use guidelines for the
facility. Members of the public Scott Page, Ken Breisch, and
Bruria Finkel spoke in support of the rehabilitation of Miles
Playhouse. Member of the public Joy Fullmer expressed her
concerns. Members of the public Jean McNeil Wyner, Louise
Gabriel, Maria Sirotti, Rosemary Miano, and Dorothy Irvine
suggested utilizing Miles Playhouse to house the Santa Monica
Historical Society Museum of History and Culture. Member of
the public Mary Booth spoke in support of a multi-purpose use
for Miles Playhouse and read a letter from Eve Rosso in support
of housing the Santa Monica Historical Society Museum in the
Miles Playhouse. Members of the public David Bendett and Didi
Wood spoke in support of the continued use of Miles Playhouse
by the Santa Monica Symphony. Members of the public Roger
Genser, Nan Friedman, Chris DeCarlo, Donna Sternberg, Lynn
Dally, Kym Kaplan, Leigh Curran, Richard Israel, Jon White-
Spunner, Anna Stramese, Dennis Zane, and Louise Bill urged
Council to maintain the major focus of performing arts for
Miles Playhouse. Members of the public Dolores Chavez, Susan
Obrow, and Paul Fernandez spoke in support of maintaining the
facility for promoting programming for youth through the arts.
Member of the public Rodney Punt spoke in support of a multi-
purpose use for Miles Playhouse. Member of the public Matt
Kramer conveyed the Arts Commission's support of concept "A" of
the design alternatives. Councilmember O'Connor moved to
approve the basic restoration concept for Miles Playhouse and
the proposed guidelines for use of the facility, including
moving forward with the proposed rehabilitation plan, and
elicit input from youth. Second by Councilmember Abdo.
Discussion was held. Council asked questions of staff.
Councilmember Genser moved to amend the motion to include
direction to staff to study the question of the location of the
electrical panel and keep the question of the removal of
softscape open. Council asked questions of staff. Motion
accepted as friendly. Discussion was held. Council asked
questions of staff. Discussion was held. Councilmember Genser
moved to extend the meeting to 11:30 P.M. The motion was duly
seconded and unanimously approved. Discussion continued. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor,
Greenberg, Genser, Abdo, Mayor
Rosenstein
Negative: Councilmembers Holbrook, Ebner
9-B: CLOSED SESSION: Held at end of meeting.
10-A: CONFIRMATION OF ASSESSMENT/TREE PLANTING: Presented was
the public hearing for the confirmation of assessment of costs
for tree planting on Colorado Avenue between 7th and 14th
Streets and adoption of a resolution approving the assessment
diagram and confirming assessment costs.
Staff Report
Councilmember Ebner and Mayor Pro Tempore Greenberg were
excused from the meeting at 11:05 P.M.
At 11:05 P.M., Mayor Rosenstein declared the public hearing
open. There being no one wishing to speak, Mayor Rosenstein
closed the public hearing. Councilmember Abdo moved to
acknowledge two protests and adopt Resolution No. 8888(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING ASSESSMENT DIAGRAM AND CONFIRMING
ASSESSMENT COSTS FOR TREE PLANTING AND APPURTENANT WORK ON
COLORADO AVENUE BETWEEN SEVENTH STREET AND FOURTEENTH STREET,"
reading by title only and waiving further reading thereof.
Second by Councilmember Holbrook. Council asked questions of
staff. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor,
Holbrook, Genser, Abdo, Mayor
Rosenstein
Absent: Councilmembers Greenberg, Ebner
14-A: LETTERS OF RESIGNATION/CONNIE JENKINS/RECREATION AND
PARKS COMMISSION/JOHN EZELL/AIRPORT COMMISSION: Councilmember
Abdo moved to accept with regrets the letters of resignation
from Connie Jenkins of the Recreation and Parks Commission and
John Ezell of the Airport Commission and authorize the City
Clerk to publish Notices of Unscheduled Vacancies. Second by
Councilmember Genser. The motion was unanimously approved,
Councilmember Ebner and Mayor Pro Tempore Greenberg absent.
14-B: NOTICE OF ANNUAL SCHEDULED VACANCIES/BOARDS AND
COMMISSIONS: Councilmember Abdo moved to authorize the City
Clerk to publish a Notice of Annual Scheduled Vacancies for
members of various Boards and Commissions. Second by
Councilmember Genser. The motion was unanimously approved,
Councilmember Ebner and Mayor Pro Tempore Greenberg absent.
14-C: ANALYSIS/SENATE BILL 1257: Presented was the request of
Councilmember Genser to direct the City Attorney to analyze
Senate Bill 1257, as modified by the Senate Judiciary
Committee, for its potential impacts on the City of Santa
Monica. Councilmember Genser moved to direct the City Attorney
to analyze Senate Bill 1257, as modified by the Senate
Judiciary Committee, for its potential impacts on the City of
Santa Monica. Second by Councilmember O'Connor. The motion
was unanimously approved, Councilmember Ebner and Mayor Pro
Tempore Greenberg absent.
14-D: PREPARATION OF ORDINANCE PROHIBITING ACTIVITY WITH
INTENT OF FORCING A VACANCY IN A RENTAL HOUSING UNIT:
Presented was the request of Councilmember Genser to direct the
City Attorney to prepare an ordinance which prohibits activity,
e.g., harassment, with the intent of forcing a vacancy in a
rental housing unit. Councilmember Genser moved to direct the
City Attorney to prepare an ordinance which prohibits activity,
e.g., harassment, with the intent of forcing a vacancy in a
rental housing unit. Second by Councilmember O'Connor.
Discussion was held. The motion was approved, Councilmember
Holbrook opposed, Councilmember Ebner and Mayor Pro Tempore
Greenberg absent.
14-E: POSSIBLE COMPROMISES/TENANT PROTECTIONS/PENDING AND
FUTURE TORCA CONVERSIONS: Presented was the request of
Councilmember Genser that Council direct City staff to notify
affected tenants of possible compromises in tenant protections
in pending and future TORCA conversions. Member of the public
Paul DeSantis urged Council to write a balanced letter
notifying tenants of their rights. Member of the public
Rosario Perry urged Council to delay notification to tenants
until after an analysis of the law is completed. Discussion
was held. Councilmember Genser moved to request staff to
provide and update information for residents and owners who are
currently or in the future undergoing the TORCA process as to
how pending legislation might affect their rights. Second by
Councilmember O'Connor. Discussion was held. The motion was
unanimously approved, Councilmember Ebner and Mayor Pro Tempore
Greenberg absent.
Councilmember Abdo moved to extend the meeting until the
conclusion of the Closed Session. Second by Councilmember
Genser. The motion was unanimously approved, Councilmember
Ebner and Mayor Pro Tempore Greenberg and absent.
14-F: DECLARE OPPOSITION/ASSEMBLY BILL 1944: Presented was
the request of Councilmember Genser that Council declare its
opposition to Assembly Bill 1944 (Murray), and to direct the
Mayor and City staff to express this position to the
Legislature and Governor. Member of the public Rosario Perry
spoke in support of opposing Assembly Bill 1944. Discussion
was held. Councilmember Genser moved that Council declare its
opposition to Assembly Bill 1944 (Murray) and to direct the
Mayor and City staff to express this position to the
Legislature and Governor. Second by Mayor Rosenstein.
Discussion was held. The motion was unanimously approved,
Councilmember Ebner and Mayor Pro Tempore Greenberg absent.
15: PUBLIC INPUT: Member of the public Mike Street urged
Council to adopt an ordinance concerning the legal tenancy of
spousal equivalents or domestic partnerships.
9-B: CLOSED SESSION: At 11:38 P.M., Council adjourned to
Closed Session for 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
except Councilmember Ebner and Mayor Pro Tempore Greenberg.
ADJOURNMENT: At 12:16 A.M., the meeting was adjourned in
memory of Venita Andrew.
ATTEST: APPROVED:
Clarice E. Dykhouse Paul Rosenstein
City Clerk Mayor