CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 9, 1995
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:36 P.M., on Tuesday, May 9,
1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Judy Abdo
Councilmember Ruth Ebner
Councilmember Ken Genser
(arrived at 6:42 P.M.)
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-A: PROCLAMATION/PRESERVATION WEEK/MAY 14, 1995: Mayor
Rosenstein presented a proclamation declaring the week of May
14, 1995 as "Preservation Week" in the City of Santa Monica.
Councilmember Genser reported present at 6:42 P.M.
4-B: PRESENTATION/FIRE DEPARTMENT: Fire Chief Bridges
presented commendations to Laura Hernandez, Disaster
Coordinator, and Jim Hone, Fire Division Chief, for their
contributions to the Oklahoma City bombing recovery effort.
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 Ron Taylor and Joy Fullmer discussed items on the
Consent Calendar. Mayor Pro Tempore Greenberg moved to approve
the Consent Calendar, with the exception of Item Nos. 6-A, 6-D
and 6-E, 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 O'Connor, Ebner,
Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8897(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-C: REJECTION OF BID/HAZARDOUS MATERIALS RESPONSE VEHICLE:
Bid No. 2520 to purchase a hazardous materials response vehicle
for lease/purchase for the Fire Department was rejected.
Staff Report
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Discussion was held. Councilmember
Genser moved to continue the minutes of the meetings of April
11 and 25, 1995, and ask the City Clerk, to the best of her
ability, to revise same to indicate the actual attendance of
Councilmembers throughout the meetings. Second by
Councilmember O'Connor. Discussion was held. Mayor Rosenstein
moved a substitute motion to approve the minutes of the
meetings of April 11 and 25, 1995, as prepared. Second by
Mayor Pro Tempore Greenberg. Discussion was held. The
substitute motion was approved, Councilmembers Abdo, Genser,
and O'Connor opposed.
6-D: AWARD OF CONTRACT/STRIPING/SIGNING MODIFICATION/BROADWAY/
7TH, 11TH AND 17TH STREETS: Discussion was held. Mayor
Rosenstein moved to award Contract No. 7141(CCS) to Sterndahl
Enterprises Inc., the lowest responsible bidder, in the amount
of $73,622 for the installation of striping and signing
modifications along Broadway, from Lincoln to 26th Street; 7th,
11th and 17th Streets, from Wilshire to Pico Boulevard; and
authorize the City Parking and Traffic Engineer to issue any
change orders necessary to complete additional work to the
extent of funds available in accordance with the Administrative
Instruction on Change Orders. The motion was duly seconded.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Genser,
O'Connor, Mayor Rosenstein
Negative: Councilmembers Ebner, Greenberg, Holbrook
6-E: GUARANTY AGREEMENT/AMBAC/SURETY BOND/WASTEWATER
ENTERPRISE REVENUE BONDS 1993 REFUNDING SERIES: Mayor Pro
Tempore Greenberg and Councilmember Ebner excused themselves
from deliberation on this item due to a possible conflict of
interest. Mayor Rosenstein moved to adopt Resolution No.
8898(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE EXECUTION AND DELIVERY OF
A GUARANTY AGREEMENT AND OTHER MATTERS RELATED THERETO,"
reading by title only and waiving further reading thereof. The
motion was duly seconded. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Genser,
Holbrook, O'Connor, Mayor
Rosenstein
Absent: Councilmembers Ebner, Greenberg
8-A: ORDINANCES/LIGHT MANUFACTURING AND STUDIO DISTRICTS:
Presented were ordinances for second reading and adoption
amending Section IX of the Santa Monica Municipal Code to
create the light manufacturing and studio district and amending
the official districting map to establish districts in portions
of former M1 and C5 districts. Councilmember Genser moved to
adopt the zoning map. Second by Councilmember Abdo. 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 amend Article IX of the
Santa Monica Municipal Code to establish standards for the
light manufacturing and studio district. Second by
Councilmember Ebner. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Greenberg, Holbrook, Mayor
Rosenstein
Negative: Councilmembers Genser, O'Connor
Councilmember Abdo stated for the record that she voted for
this motion because we did allow housing as artists studios and
housing for homeless shelters and various other definitions of
affordable transitional housing though it would be better to
allow housing in a broader sense.
Mayor Rosenstein stated for the record that he voted for this
motion so that we would have revitalization and not stagnation
in the area.
By virtue of the above action, Ordinance No. 1799(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP TO ESTABLISH
THE LIGHT MANUFACTURING AND STUDIO DISTRICT IN PORTIONS OF THE
FORMER M1 AND C5 DISTRICTS," was adopted on second reading by
title only, waiving further reading thereof; and
Ordinance No. 1800(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE
SANTA MONICA MUNICIPAL CODE TO CREATE THE LIGHT MANUFACTURING
AND STUDIO DISTRICT," was adopted on second reading by title
only, waiving further reading thereof.
8-B: ORDINANCE/PROCEDURES AND POLICIES/CDBG PROGRAM:
Presented was an ordinance for second reading and adoption
amending Santa Monica Municipal Code Sections 2.68.010 and
2.68.030 - .080 relating to procedures and policies of the
Community Development Block Grant Program. Mayor Pro Tempore
Greenberg moved to adopt Ordinance No. 1801(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 2.68.010,
2.68.030, 2.68.040, 2.68.050, 2.68.060, 2.68.070 AND 2.68.080
RELATING TO PROCEDURES AND POLICIES OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM," 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 Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
8-C: ORDINANCE/REGISTRATION OF AMMUNITION SALES: Presented
was an ordinance for introduction and first reading adding
Chapter 3.25 to the Santa Monica Municipal Code regarding
registration of ammunition sales. Council asked questions of
staff. At 7:30 P.M., Mayor Rosenstein declared the public
hearing open. Members of the public Irene Zivi, Joanne
Leavitt, Mayor Rick Cole (City of Pasadena), and Susan Cloke
spoke in support of the proposed ordinance. Member of the
public Joy Fullmer expressed her concerns. Members of the
public Bruce Jochim and John Jurenka spoke in opposition to the
proposed ordinance. Mayor Rosenstein closed the public hearing
at 7:50 P.M. Council asked questions of staff. Mayor
Rosenstein moved to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 3.25 TO THE SANTA MONICA MUNICIPAL
CODE REGARDING REGISTRATION OF AMMUNITION SALES," reading by
title only and waiving further reading thereof, and ask staff
to communicate this action with other cities in the region.
Second by Councilmember Genser. Councilmember Genser moved to
amend the motion to also ask staff to prepare a letter for the
Mayor's signature thanking the City of Pasadena for showing
leadership on this issue. The motion was accepted as friendly.
Discussion was held. Council asked questions of staff. Mayor
Pro Tempore Greenberg moved to amend the motion to ask staff to
research the possibility of regulating the purchase of
ammunition through the mail and report back to Council. The
motion was accepted as friendly. Council asked questions of
staff. 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-D: ORDINANCE/AMENDING C4, C6, AND M1 DISTRICTS: Presented
was an ordinance for introduction and first reading amending
various provisions of the Zoning Ordinance related to the C4,
C6, and M1 districts, accessory building standards; landscaping
standards and parking standards provisions; repealing certain
provisions of the project design and development standards; and
adding provisions regarding development spanning zoning
districts, automobile washing facilities, and operating hours
of certain auto-related uses. Council asked questions of
staff. At 8:12 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 8:13
P.M. Council asked questions of staff. Councilmember Genser
moved to introduce the ordinance with findings with substitute
language as follows: SECTION 2, 9.04.08.26.030(b) to read:
"Expansion of existing automobile dealerships indoor or outdoor
area, up to ten percent but not to exceed an additional five
thousand square feet, whichever is less," and amend
9.04.08.26.040 to be consistent with the language on page 2
which would be: "Automobile dealerships, or expansion of
existing automobile dealerships indoor or outdoor area by more
than ten percent, or more than five thousand square feet,
whichever is less," and also add in paragraph (I), page 8 of
the ordinance and paragraph (f), page 9 of the ordinance,
inserting the words "and unenclosed" so that the paragraphs
each read as follows: "A shower which is outside and
unenclosed may be permitted." Second by Councilmember
O'Connor. Discussion was held. Councilmember Abdo moved to
amend the motion to ask staff to study the flexibility and the
administration of this process with regard to when there is a
large differential between ground levels of two properties with
regard to fence height. The motion was accepted as friendly.
Councilmember Genser moved to amend the motion to remove the
language "whichever is less" from 9.04.08.26.030(b). The
motion was accepted as friendly. The motion was approved by
the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
At 8:30 P.M., Council adjourned for a short recess. Council
reconvened at 8:50 P.M. with all members present.
9-A: CLOSED SESSION: Held at end of meeting.
10-A: PUBLIC HEARING/HUD CONSOLIDATED PLAN/FUNDING
ALLOCATIONS/ HOME/HUD: Presented was the public hearing on the
draft five-year U.S. Department of Housing and Urban
Development HUD Consolidated Plan (FY 1995-96 to FY 1999-2000)
and recommendation to adopt the Plan and proposed funding
allocations for FY 1995-96 Home Investment Partnership Act
(HOME) and Community Development Block Grant (CDBG) funds.
Council asked questions of staff. At 9:01 P.M., Mayor
Rosenstein declared the public hearing open. Member of the
public Anthony Ephriam discussed the plan as it relates to Pico
Neighborhood. Member of the public Joy Fullmer expressed her
concerns. Members of the public Franceye Smith, Donna Alvarez,
and Beth Leder-Pack spoke in support of the consolidated plan.
Mayor Rosenstein closed the public hearing at 9:20 P.M.
Council asked questions of staff. Councilmember Genser moved
to adopt the Consolidated Plan including the proposed FY 1995-
96 funding allocations for HOME and CDBG entitlement funds with
the change to increase the money from CDBG that is currently
targeted at $250,000 for a Citywide Affordable Housing Program
to $351,911 to be transferred from Virginia Avenue Park
improvements. Second by Councilmember Abdo. Council asked
questions of staff. Discussion was held. Councilmember Genser
moved to amend the motion to strike the staff recommendation to
remove $101,911 from redevelopment for housing and replace with
language that stipulates that staff shall include the
restoration of funds for Virginia Avenue Park when the budget
is prepared. The motion was accepted as friendly. The motion
was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Genser,
O'Connor, Mayor Rosenstein
Negative: Councilmembers Ebner, Greenberg, Holbrook
Mayor Pro Tempore Greenberg requested that the record reflect
that she voted "no" on this item because it reduces the funds
for Virginia Avenue Park and the plan does not adequately
address public safety and economic opportunities for Santa
Monica residents.
Councilmember Holbrook requested that the record reflect that
he voted "no" on this item because he believes that the report
and recommendations of staff were appropriate and he supported
that.
Councilmember Ebner requested that the record reflect that she
voted "no" on this item because it took money away from
Virginia Avenue Park, it did not in any way address the needs
of the residents of Pico Neighborhood, and although she
supported the staff recommendation she cannot support the
amendment which eliminated funds for open space.
13-A: THOMAS F. SCULLY/REBUILDING/VETERANS' MEMORIAL:
Presented was the request of Thomas F. Scully to address
Council regarding rebuilding the veterans' memorial. Council
asked questions of Mr. Scully. Members of the public Reuben
Wein, Abban Grey, and Harold Boston spoke in support of
rebuilding the veterans' memorial. Discussion was held.
Councilmember Abdo moved to direct staff to return with
proposals to restore the memorial, including up-to-date
language and veterans through current times, and research the
possibility of an eternal flame. Second by Councilmember
Genser. Discussion was held. Mayor Pro Tempore Greenberg
moved to amend the motion that the proposals be presented when
the budget is presented. The motion was accepted as friendly.
Discussion was held. The motion was unanimously approved.
14-A: LETTER OF RESIGNATION/STEPHEN HARBY/LANDMARKS
COMMISSION: Councilmember Holbrook moved to accept with
regrets the resignation of Stephen Harby of the Landmarks
Commission and authorize the City Clerk to publish a Notice of
Unscheduled Vacancy. Second by Councilmember Genser. The
motion was unanimously approved.
14-C: MAYORAL APPOINTMENT/COUNCIL LIAISONS/SANTA MONICA-MALIBU
UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION/SANTA MONICA
COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES: Mayor Rosenstein
announced the appointment of himself and Councilmember Holbrook
as liaisons with Santa Monica-Malibu Unified School District
Board of Education and Santa Monica Community College District
Board of Trustees.
14-B: SET PUBLIC HEARING/MID-CITY TRAFFIC PLAN: Mayor
Rosenstein and Councilmember Holbrook declared conflicts of
interest and excused themselves from the proceedings.
Presented was the request of Councilmember Ebner to discuss
setting a public hearing regarding the Mid-City Traffic Plan.
Council asked questions of staff. Discussion was held.
Councilmember Ebner moved to hold a public hearing regarding
the Mid-City Traffic Plan and direct staff to report back on
the results of the last six months. Second by Mayor Pro
Tempore Greenberg. Discussion was held. Councilmember Genser
moved to extend the meeting to its conclusion. Second by
Councilmember O'Connor. The motion was unanimously approved,
Councilmember Holbrook and Mayor Rosenstein absent. Discussion
continued. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Ebner, Greenberg
Negative: Councilmembers Abdo, Genser, O'Connor
Absent: Councilmember Holbrook, Mayor Rosenstein
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns on various issues. Member of the public John
Jurenka discussed housing issues, scheduling of the agenda, and
problems he has been having with the utility companies. Member
of the public Jule Lamm discussed the Airport Commission and
airport issues. Member of the public Daniel Ehrler introduced
himself as the new Executive Director of the Santa Monica
Chamber of Commerce. Member of the public Mike Feinstein
invited Council to OPCO's annual "Community Congress, Townhall,
and Soapbox" on Saturday, May 20, 1995, at 12:00 Noon, and
discussed the proposed content of the meeting.
9-A: CLOSED SESSION: At 11:17 P.M., Council adjourned to
Closed Session for conference with Legal Counsel with regard to
three cases of existing litigation as follows:
1. Len Doucette, et al. v. City of Santa Monica, et al.,
USDC No. CV-95 1136 WDK (MCX);
2. Aguilar v. City of Santa Monica, LASC No. 92C-01340; and
3. Friends of Sunset Park v. City Council, LASC Nos. BS 032
734 and BS 033 146.
At 11:55 P.M., Council reconvened with all members present.
Councilmember Holbrook moved to award settlement of $20,500 in
the case of Aguilar v. City of Santa Monica. 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
No action was taken on the remaining two cases.
ADJOURNMENT: At 11:57 P.M., the meeting was adjourned in
memory of Mary Green and Alexander Greenberg.
ATTEST: APPROVED:
Clarice E. Dykhouse Paul Rosenstein
City Clerk Mayor