CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 13, 1995
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:35 P.M., on Tuesday, June 13,
1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember Ruth Ebner
Councilmember Robert T. Holbrook
(arrived at 6:40 P.M.)
Councilmember Pamela O'Connor
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Clarice E. Dykhouse
Mayor Pro Tempore Greenberg led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
4-A: PRESENTATION/RETIREMENT PLAQUE/CITY CLERK/CLARICE E.
DYKHOUSE: Mayor Rosenstein presented a proclamation declaring
June 14, 1995, as "City Clerk Day" in the City of Santa Monica
and a retirement plaque to City Clerk Clarice E. Dykhouse in
honor of her retirement.
Ann Hiller, representative of Senator Tom Hayden's office,
presented a Certificate of Recognition from Senator Hayden to
Clarice E. Dykhouse in honor of her retirement.
4-B: PRESENTATION OF PETITIONS/GUN CONTROL/STUDENTS/PS #1
ELEMENTARY SCHOOL: Representatives from PS #1 Elementary
School presented petitions regarding gun control to the City
Council.
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, Len Doucette, and Ron Taylor discussed
items on the Consent Calendar. Mayor Pro Tempore Greenberg
moved to approve the Consent Calendar, with the exception of
Item Nos. 6-E, 6-F, 6-H, 6-I, 6-J, and 6-L, 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-A: MINUTES APPROVAL: The City Council minutes of May 23,
June 5, June 6, and June 7, 1995, were approved as submitted.
6-B: ORDINANCE/AUTOMOBILE LUBRICATION FACILITIES: Ordinance
No. 1804(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION
9.04.14.050 REGARDING AUTOMOBILE REPAIR FACILITIES," was
adopted.
Staff Report
6-C: ORDINANCE/CHANGE ASSESSMENT/MONTANA AVENUE BUSINESS
IMPROVEMENT ASSESSMENT DISTRICT: Ordinance No. 1805(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ORDINANCE NUMBER 960(CCS) TO CHANGE THE
ASSESSMENT LEVIED IN THE MONTANA AVENUE BUSINESS IMPROVEMENT
ASSESSMENT DISTRICT," was adopted.
Staff Report
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8905(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-G: CONTRACT/PURCHASE OF HEAVY-DUTY HAZARDOUS MATERIALS
RESPONSE VEHICLE: Resolution No. 8908(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT
FOR THE PURCHASE OF A HEAVY-DUTY HAZARDOUS MATERIALS RESPONSE
VEHICLE," was adopted.
Staff Report
6-K: ADOPTION OF ACCOUNTING ORDER/CHARGES/CENTURY SOUTHWEST
CABLE TELEVISION: Resolution No. 8904(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING AN ACCOUNTING ORDER REGARDING BASIC SERVICE, CONVERTER
BOX AND REMOTE CONTROL CHARGES OF CENTURY SOUTHWEST CABLE
TELEVISION, INC.," was adopted.
Staff Report
END OF CONSENT CALENDAR
6-E: FUND TRANSFER AGREEMENT/PROPOSITION 116/BROADWAY BICYCLE
LANE PROJECT: Discussion was held. Councilmember Abdo moved
to adopt Resolution No. 8906(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
CITY MANAGER TO EXECUTE A FUND TRANSFER AGREEMENT FOR
PROPOSITION 116 FUNDS FOR THE BROADWAY BICYCLE LANE PROJECT,"
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, Genser,
Abdo, Mayor Rosenstein
Negative: Councilmember Ebner, Greenberg, Holbrook
By virtue of the above action, the execution of a fund transfer
agreement between the City and the California Transportation
Commission for the Proposition 116 grant for the Broadway
bicycle lane project was authorized.
6-F: BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB821/PLACED ON
RESERVE UNTIL ELIGIBLE USES ARE IDENTIFIED: Council asked
questions of staff. Mayor Pro Tempore Greenberg moved to adopt
Resolution No. 8907(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION
FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND PLACING
THE FUNDS ON RESERVE UNTIL THE CITY IDENTIFIES A SPECIFIC
IMPLEMENTATION PROJECT," amended to incorporate wording to
include pedestrian improvements, 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, Ebner,
Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-H: PROSECUTION OF CERTAIN OFFENSES AS INFRACTIONS RATHER
THAN MISDEMEANORS: Council asked questions of staff.
Councilmember Genser moved to direct staff to prepare the
appropriate ordinances so that certain offenses may be
prosecuted as infractions. Second by Councilmember Holbrook.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor, Ebner,
Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-J: CONTRACT/PREPARATION OF HOUSING ELEMENT AND UPDATE
ENVIRONMENTAL IMPACT REPORT/ANALYSIS OF HOUSING DATA:
Discussion was held. Council asked questions of staff. Mayor
Rosenstein moved to: 1) authorize the City Manager to
negotiate and execute a contract with Cotton/Beland/Associates,
Inc. for an amount not to exceed $79,847 for preparation of the
1996-2000 Housing Element Update and EIR; 2) authorize the City
Manager to negotiate and execute a contract with Hamilton
Rabinovitz and Alschuler for an amount not to exceed $167,090
for preparation of specialized analyses to support preparation
of the 1996-2000 Housing Element Update and EIR; and 3)
appropriate $174,437 from General Fund reserves to Account
Number 01-210-267-00000-5506-00000 for FY 94/95 for the Housing
Element Update and EIR. Second by Councilmember Abdo. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor, Ebner,
Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-I: PREPARATION OF UPDATE/CIRCULATION ELEMENT/EIR: Council
asked questions of staff. Discussion was held. Mayor
Rosenstein moved to authorize the City Manager to negotiate and
execute a contract with Fehr & Peers Associates for an amount
not to exceed $70,000 to prepare an update to the Circulation
Element and amend the contract after adoption of the 1995/96
budget to include the approximate $30,000 cost to prepare an
Environmental Impact Report. Second by Councilmember Genser.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor, Ebner,
Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
By virtue of the above action, Contract No. 7144(CCS) was
approved.
6-L: DESIGN AND CONSTRUCTION BIDDING DOCUMENTS/BEACH
IMPROVEMENT GROUP PROJECT: Councilmember Genser excused
himself from the dias at 7:30 P.M. due to a possible conflict
of interest. Councilmember Abdo moved to: 1) authorize the
City Manager to negotiate and execute a contract for the
preparation of design and construction bid documents with
Wallace, Roberts & Todd for the non federally-funded portion of
the Beach Improvement Group Project including Palisades Park
Improvement - Phase II and the South Beach Improvements from
Pier to Bay Street in the amount of $778,000; 2) authorize the
City Manager to negotiate and execute a contract for the
preparation of design and construction bid documents with
Wallace, Roberts & Todd for the design, including preparation
of all necessary environmental review and documentation, of the
federally-funded portion of the Beach Improvement Group Project
including the Gateway Coastal Corridor, the Pier Bridge
Widening, and the California Incline Bridge Replacement,
contingent upon successful completion of a financial audit
performed by Caltrans, in the amount of $838,000; and 3)
appropriate $100,000 to Account Number 01-770-402-20095-8905-
99399 for the Wallace, Roberts & Todd design contract for the
non federally-funded portion of the Beach Improvement Group
Project for design and bid document preparation for the
additional project areas. Second by Councilmember O'Connor.
Council asked questions of staff. Discussion was held. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor, Ebner,
Greenberg, Holbrook, Abdo, Mayor
Rosenstein
Absent: Councilmember Genser
By virtue of the above action, Contract Nos. 7147 and 7148 (CCS)
were approved.
Councilmember Genser returned to the dias at 7:40 P.M.
8-A: DRIVE-UP WINDOW HOURS OF OPERATION: Presented was an
emergency ordinance for introduction and adoption requiring
existing 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. Council asked questions of
staff. At 7:45 P.M., Mayor Rosenstein declared the public
hearing open. Member of the public Joy Fullmer expressed her
concerns. Members of the public Judy Silverman, Leon Ferder,
Jennifer Silverman, Giok Brandt, and Donald W. Brandt spoke in
support of the proposed ordinance. Mayor Rosenstein closed the
public hearing at 7:56 P.M. Mayor Pro Tempore Greenberg moved
to adopt Ordinance No.1806 (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 AND DECLARING THE PRESENCE OF AN EMERGENCY,"
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, Holbrook,
Genser, Greenberg, Ebner,
O'Connor, Mayor Rosenstein
8-B: ELIMINATION OF PROMOTABILITY AS A RATING
FACTOR/PROMOTIONAL COMPETITIVE EXAMINATIONS: Presented was an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Section 2.04.250 to eliminate
promotability as a rating factor in promotional competitive
examinations. Council asked questions of staff. At 8:02 P.M.,
Mayor Rosenstein declared the public hearing open. Member of
the public Joy Fullmer expressed her concerns. Member of the
public Steven H. Brackett spoke in support of the proposed
ordinance. Mayor Rosenstein closed the public hearing at 8:05
P.M. Discussion was held. 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 MUNICIPAL CODE SECTION 2.04.250 RELATING TO
COMPETITIVE EXAMINATIONS," 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 O'Connor, Ebner,
Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
9-A: CITY COUNCIL GUIDELINES: Presented was the
recommendation to adopt a resolution amending and expanding
Resolution No. 5532(CCS) regarding travel by Council members to
include City Council guidelines and standards relating to
travel, staff assistance and other resources, and options
regarding seating arrangements and voting order. Council asked
questions of staff. Member of the public Joy Fullmer expressed
her concerns. Discussion was held regarding travel policy.
Staff was directed to prepare a new draft.
Staff Report
At 8:15 P.M., Council adjourned for a short recess. Council
reconvened at 8:50 P.M. with all members present.
9-A: CITY COUNCIL GUIDELINES (RESUMED): Discussion was held.
Councilmember Abdo moved that Council Members be seated
alphabetically. Second by Council Member O'Connor. Mayor Pro
Tempore Greenberg moved a substitute motion that Council
Members be seated by drawing lots. Second by Council Member
Holbrook. Discussion was held. The substitute motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Holbrook,
Greenberg, Ebner, Mayor
Rosenstein
Negative: Councilmembers Abdo, Genser, O'Connor
Mayor Pro Tempore Greenberg moved that votes be done by seating
order, alternating from each end. Second by Councilmember
Genser. Councilmember Abdo moved a substitute motion to vote
alphabetically, reversing in the manner currently done. Second
by Councilmember Genser. Discussion was held. The substitute
motion failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
O'Connor
Negative: Councilmembers Holbrook, Greenberg, Ebner,
Mayor Rosenstein
The main motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook,
Greenberg, Ebner, Mayor
Rosenstein
Negative: Councilmembers Abdo, Genser, O'Connor
Discussion was held. The remainder of this item was continued
to the end of the meeting.
9-B: PROCEDURES/REVIEW OF IMPROVEMENTS/SANTA MONICA AIRPORT:
Presented was the staff report recommending Council direct the
City Attorney to prepare an ordinance establishing procedures
for review of improvements at the Santa Monica Airport.
Council asked questions of staff. Discussion was held. Member
of the public Ann Hiller, on behalf of Senator Tom Hayden,
spoke in support of the staff recommendation and made
suggestions with regard to notification procedures. Member of
the public Joy Fullmer expressed her concerns. Members of the
public Eric Parlee, co-president of SPAN, urged the preparation
and implementation of a land use document. Members of the
public Brookie Westbrook and Donna Westbrook spoke in
opposition to relinquishing approval authority to
administrative approval. Members of the public James
Donaldson, Virginia Ernst, and Robert Newbold spoke in
opposition to the staff recommendation. Discussion was held.
Councilmember Genser moved to refer the staff recommendations
to the Airport Commission, the Planning Commission and public
workshops, with no endorsement from the Council. Second by
Councilmember Holbrook. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers O'Connor, Ebner,
Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
9-C: CLOSED SESSION: Not held.
13-A: JOSEPH BARUCH/FUNCTIONS/RENT CONTROL BOARD: Joseph
Baruch addressed Council regarding the functions of the Rent
Control Board. Council asked questions of Mr. Baruch. No
action taken.
13-B: JOSEPH DiPASQUALE/SAFETY CONCERNS/INTERSECTION/19TH
STREET AND IDAHO AVENUE: The request of Joseph A. DiPasquale
to address Council regarding safety concerns at the
intersection of 19th Street and Idaho Avenue was continued to
the meeting of June 27, 1995, at the request of Mr. DiPasquale.
13-C: CHRISTOPHER PELHAM/DEBBIE PINTHUS/SANTA MONICA DOG
OWNERS GROUP/RELOCATION OF OFF-LEASH AREA/MARINE PARK:
Presented was the request of Christopher Pelham and Debbie
Pinthus of Santa Monica Dog Owners Group to address Council
regarding the relocation of the off-leash area at Marine Park.
Council asked questions of staff. Councilmember Abdo moved to
extend the meeting to 11:30 P.M. The motion was duly seconded
and unanimously approved. Council asked questions of staff.
Members of the public Ann Auganon, John Bates, Andrea Halpern,
and Charles Janoski indicated their support of the relocation
of the off-leash area in Marine Park. By cou;ncil consent it
was Referred to staff.
13-D: BARBARA FILET/SOUNDWALL/10TH AND 17TH STREETS:
Presented was the request of Barbara Filet to address Council
requesting that a soundwall be placed between 10th and 17th
Streets along the freeway. Council asked questions of Ms.
Filet. Council asked questions of staff. Discussion was held.
Referred to staff.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor
Rosenstein announced that the floor would consider nominations
to the Bayside District Corporation. Councilmember Genser
moved to reappoint the two incumbents, Don Wheeler and Dennis
Zane, for full terms ending June 30, 1998. By Council consent,
applicants were reappointed by acclamation.
Mayor Rosenstein announced that the floor would consider
further nominations to the Bayside District Corporation.
Councilmember Genser nominated Nancy Dresser. Mayor Pro
Tempore Greenberg nominated Sherry Kellogg. Discussion was
held. There being no further nominations, nominations were
closed. On a call for the vote, Nancy Dresser was appointed to
the Bayside District Corporation for a full term ending June
30, 1998.
Mayor Rosenstein announced that the floor would consider
further nominations to the Bayside District Corporation. Mayor
Pro Tempore Greenberg nominated Sherry Kellogg. Discussion was
held. Councilmember Abdo moved to continue this appointment to
the meeting of June 20, 1995. Second by Councilmember
O'Connor.
Councilmember Abdo moved to extend the meeting until the agenda
was completed. Second by Mayor Rosenstein. The motion was
unanimously approved.
Discussion was held. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
O'Connor
Negative: Councilmembers Holbrook, Greenberg, Ebner,
Mayor Rosenstein
Councilmember O'Connor nominated Jean MacNeil Weiner. There
being no further nominations, nominations were closed. On a
call for the vote, Sherry Kellogg was appointed to the Bayside
District Corporation for a full term ending June 30, 1998.
Remaining appointments were continued to the meeting of June
20, 1995.
14-B: AMENDMENTS/NUISANCE ABATEMENT ORDINANCES/ORDINANCE
PROHIBITING PUBLIC NUDITY IN PARKS AND BEACHES/AMENDMENTS
CLARIFYING DISTINCTIONS BETWEEN NIGHTCLUBS AND RESTAURANTS:
The request of Mayor Pro Tempore Greenberg to discuss
instructing the City Attorney to draft amendments to the City's
nuisance abatement ordinances to simplify the current
procedures, an ordinance prohibiting public nudity in parks and
beaches, and amendments to the Santa Monica Municipal Code
clarifying the distinctions between nightclubs and restaurants
was continued to the meeting of June 20, 1995.
14-C: IMPLEMENTATION OF PROCEDURE TO INFORM COUNCIL/PENDING
RECOMMENDATIONS/CITY CLERK/CITY ATTORNEY: The request of Mayor
Pro Tempore Greenberg to discuss implementing a procedure to
inform the Council of pending recommendations from the City
Clerk and City Attorney was continued to the meeting of June
20, 1995.
9-A: CITY COUNCIL GUIDELINES (RESUMED): Lots were drawn by
Councilmembers to determine seating order. The following order
was drawn, seated from left to right will be: Councilmember
Abdo, Councilmember O Connor, Councilmember Ebner, Mayor
Rosenstein, Councilmember Holbrook, Mayor Pro Tem Greenberg and
Councilmember Genser.
Staff Report
15: PUBLIC INPUT: Members of the public Jim Donaldson and
Virginia Ernst expressed their concerns with airport issues.
ADJOURNMENT: At 11:41 P.M., the meeting was adjourned to June
20, 1995 at 6:30 P.M., in memory of Josh Lowenthal.
ATTEST: APPROVED:
Clarice E. Dykhouse Paul Rosenstein
City Clerk Mayor