CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 11, 1995
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:34 P.M., on Tuesday, July 11,
1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Pamela O'Connor
Councilmember Judy Abdo
Absent: Mayor Pro Tempore Asha Greenberg
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Acting City Clerk Beth Sanchez
Councilmember Ebner led the assemblage in the Pledge of Alle-
giance to the Flag of the United States of America.
4-A: WELCOME/SUPERINTENDENT AND PRESIDENT/SANTA MONICA
COLLEGE/DR. PIEDAD F. ROBERTSON: Council welcomed Dr. Piedad
F. Robertson, the new Superintendent and President of Santa
Monica College.
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 discussed items on the Consent Calendar.
Council asked questions of staff. Councilmember Holbrook moved
to approve the Consent Calendar, reading resolutions and
ordinances by title only and waiving further reading thereof.
Second by Councilmember Abdo. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Abdo, Mayor Rosenstein
Abstain: Councilmembers Ebner, O'Connor
Absent: Councilmember Greenberg
6-A: MINUTES APPROVAL: The City Council minutes of June 20
(as corrected), 21 and 27, 1995, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8918(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: AWARD OF CONTRACT/REMODEL WATER AND WASTEWATER
FACILITY/CITY YARDS/CONSTRUCT ACCESSIBILITY IMPROVEMENTS /
WOODLAWN CEMETERY: Contract No. 7150(CCS) was approved with
BEGL Construction Company, Inc. in the amount of $377,000 to
remodel the Water and Wastewater facility at the City Yards and
construct accessibility improvements at Woodlawn Cemetery.
Staff Report
6-D: CONTRACT/IMPLEMENTATION/COMPUTERIZED CASE MANAGEMENT
SYSTEM: Contract No. 7151(CCS) was approved with Automated
Case Management Systems, Inc. in the amount of $108,000 to
implement a computerized case management system.
Staff Report
6-E: CONTRACT/DISTRIBUTION/HOUSEHOLD HAZARDOUS WASTE VIDEO:
Contract No. 7152(CCS) was approved with the California
Integrated Waste Management Board to distribute a household
hazardous waste video.
Staff Report
6-F: ALTERNATE PARADE ROUTE/FESTIVAL OF THE CHARIOTS:
Resolution No. 8919(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF
A PARADE ON JULY 30, 1995 ON A ROUTE OTHER THAN THE OFFICIAL
CITY PARADE ROUTE," was adopted.
Staff Report
6-G: AGREEMENT/COMPLETION OF PHASE 2/CENTRAL IRRIGATION
CONTROLLER PROJECT: Contract No. 7153(CCS) was approved with
ETo Limited in the amount of $36,175 for completion of Phase 2
of the Central Irrigation Controller Project.
Staff Report
END OF CONSENT CALENDAR
8-A: REESTABLISHMENT OF PENALTY/NONPAYMENT OF ASSESSMENTS /
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA: Presented was
an ordinance for second reading and adoption amending Sections
2 and 3 of Ordinance No. 725(CCS) reestablishing a penalty for
nonpayment of assessments due in the downtown parking and
business improvement area. Councilmember Holbrook moved to
adopt Ordinance No. 1808(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 2
AND 3 OF ORDINANCE NO. 725(CCS) REESTABLISHING A PENALTY FOR
NON-PAYMENT OF ASSESSMENTS DUE IN THE DOWNTOWN PARKING AND
BUSINESS IMPROVEMENT AREA," amended to correct SECTION 2 /
SECTION 3 to stipulate, "...less five percent (5%) thereof as
the cost of collection..." Second by Councilmember O'Connor.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Ebner, Holbrook, Genser, Mayor
Rosenstein
Absent: Councilmember Greenberg
8-B: STREET PERFORMANCE REGULATIONS/THIRD STREET PROMENADE:
Presented was an emergency ordinance for introduction and
adoption amending Sections 6.36.020, -.100 and -.110, Chapter
2A of Article VI of the Santa Monica Municipal Code related to
street performance regulations for the Third Street Promenade;
a resolution establishing parameters of designated areas for
performing on the Third Street Promenade and fees for street
performer's permit. Council asked questions of staff. At 7:22
P.M., Mayor Rosenstein declared the public hearing open.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Randy Brook spoke in opposition to a
restriction on amplification. Member of the public Ron Cano
spoke in support of the proposed ordinance and suggested the
outright banning of amplification and suggested decriminalizing
the violations by having administrative revocation of the
permit rather than criminal prosecution. Member of the public
Jerry Rubin spoke in opposition to the proposed ordinance.
Member of the public Dennis Zane spoke in support of the
proposed ordinance and suggested decriminalizing the violations
by having administrative revocation of the permit rather than
criminal prosecution. Mayor Rosenstein closed the public
hearing at 7:42 P.M. Council asked questions of staff.
Councilmember Holbrook moved to adopt the staff recommendation
with an amendment to the ordinance that amplification may only
take place during the hours of 9:00 A.M. to 5:00 P.M., Sunday
through Thursday, and from 9:00 A.M. to 7:00 P.M., Friday,
Saturday, and holidays. Second by Mayor Rosenstein.
Discussion was held. Councilmember Genser moved a substitute
motion to continue this matter to the earliest possible agenda
(the next meeting, if possible, or, alternatively, the
following meeting), and ask staff to study the issue of
administrative remedy with regard to permit violations for this
district only. Second by Councilmember Abdo. Discussion was
held. Councilmember Abdo moved to amend the substitute motion
to effect a team effort of enforcement utilizing existing
ordinances. The motion was accepted as friendly. Discussion
was held. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
O'Connor, Abdo, Mayor Rosenstein
Negative: Councilmember Ebner
Absent: Councilmember Greenberg
Councilmember Ebner requested that the record reflect that she
voted "no" on this motion because she feels that if this issue
is an emergency then it is an emergency and it should be back
in two weeks.
At 8:20 P.M., Council adjourned for a short recess. Council
reconvened at 8:42 P.M. with all members present.
8-C: EXPANSION OR INTENSIFICATION/EXISTING AUTOMOBILE REPAIR
FACILITIES: Presented was an ordinance for introduction and
first reading amending the Zoning Ordinance to allow for the
expansion or intensification of existing automobile repair
facilities in BCD, C2, C3 and C3-C zoning districts. At 8:44
P.M., Mayor Rosenstein declared the public hearing open.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Ken Kutcher spoke in support of the
proposed ordinance. Mayor Rosenstein closed the public hearing
at 8:48 P.M. Councilmember Ebner moved to introduce for first
reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE
SANTA MONICA MUNICIPAL CODE TO ALLOW FOR THE EXPANSION OR
INTENSIFICATION OF AUTOMOBILE REPAIR FACILITIES IN THE BCD, C2,
C3, AND C3-C ZONING DISTRICTS," with findings, 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, O'Connor,
Ebner, Holbrook, Genser, Mayor
Rosenstein
Absent: Councilmember Greenberg
8-D: PROHIBITION OF NUDITY IN PUBLIC PLACES: Presented was an
ordinance for introduction and first reading adding Section
4.08.670 to the Santa Monica Municipal Code prohibiting nudity
in public places. At 8:51 P.M., Mayor Rosenstein declared the
public hearing open. Member of the public Joy Fullmer
expressed her concerns. Member of the public Kathy Knight
expressed concern that the proposed ordinance not interfere
with breast feeding. Mayor Rosenstein closed the public
hearing at 8:55 P.M. Discussion was held. Councilmember
Genser moved to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 4.08.670 TO THE SANTA MONICA
MUNICIPAL CODE PROHIBITING NUDITY IN PUBLIC PLACES," amended to
include an exclusion which specifically provides that the
ordinance does not prohibit women from breast feeding infants
in public, 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 Genser, Holbrook,
O'Connor, Abdo, Mayor Rosenstein
Absent: Councilmembers Greenberg, Ebner
Councilmember Ebner was absent from the dias at the time of the
above vote and returned to the dias at 8:59 P.M.
8-E: STORMWATER MANAGEMENT ENTERPRISE FUND/USER FEE:
Presented was an ordinance for introduction and first reading
adding Chapter 7.56 to the Santa Monica Municipal Code to
establish the City's storm drainage system as a City
enterprise, a stormwater management fee and a stormwater
enterprise fund. Council asked questions of staff. At 9:46
P.M., Mayor Rosenstein declared the public hearing open.
Member of the public Mark Gold spoke in support of the proposed
ordinance. Member of the public Joy Fullmer expressed her
concerns. Councilmember Ebner excused herself from the dias at
10:10 P.M. Councilmember Abdo moved to take a short recess
until Councilmember Ebner returns to the dias. Second by
Councilmember Genser. The motion was approved, Councilmember
Ebner absent.
Staff Report
At 10:10 P.M., Council adjourned for a short recess. Council
reconvened at 10:14 P.M. with all members present.
8-E: STORMWATER MANAGEMENT ENTERPRISE FUND/USER FEE (RESUMED):
Members of the public Dennis Zane and Steve Davis spoke in
support of the proposed ordinance. Members of the public
Daniel Ehrler and R. Wright spoke in opposition to the proposed
ordinance and requested the postponement of action on this
item. Councilmembers Abdo and Genser read portions of a letter
from member of the public Chris Reed in support of the proposed
ordinance. Mayor Rosenstein closed the public hearing at 10:28
P.M.
Staff Report
Discussion was held. Councilmember Holbrook withdrew Item No.
14-C.
8-E: STORMWATER MANAGEMENT ENTERPRISE FUND/USER FEE (RESUMED):
Councilmember Abdo moved to introduce for first reading an
ordinance to establish a Stormwater Management Enterprise Fund
and approve a Stormwater Management User Fee. Second by
Councilmember Genser. Discussion was held. Mayor Rosenstein
moved to extend the public portion of the meeting to 11:30
P.M., and then adjourn to Closed Session. Second by
Councilmember Ebner. The motion was unanimously approved,
Mayor Pro Tempore Greenberg absent. Discussion continued. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Holbrook, Genser, Mayor
Rosenstein
Negative: Councilmember Ebner
Absent: Councilmember Greenberg
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING CHAPTER 7.56 TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH THE CITY'S STORM DRAINAGE SYSTEM AS A CITY UTILITY
AND ENTERPRISE, A STORMWATER MANAGEMENT FEE AND A STORMWATER
ENTERPRISE FUND," was introduced on first reading by title
only, waiving further reading thereof.
Councilmember Abdo moved to establish a new revenue account
number 34-500-661-00000-0550-10000 with a FY 1995-96 budget of
$611,739. Second by Councilmember Genser. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Holbrook, Genser, Mayor
Rosenstein
Negative: Councilmember Ebner
Absent: Councilmember Greenberg
Councilmember Abdo moved to have Council send a letter to the
Rent Control Board urging them to review this issue carefully
and to allow a pass-through of the fee for all rental units.
Second by Councilmember O'Connor. The motion was unanimously
approved, Mayor Pro Tempore Greenberg absent.
9-A: CLOSED SESSION: Not held.
13-A: CAROL RICHARDS/BURMA FORUM/HUMAN RIGHTS VIOLATIONS IN
BURMA: Presented was the request of Carol Richards, Ph.D, and
members of the Santa Monica-based Burma Forum, Rainforest
Action Network, Earth Trust, Greenpeace and Santa Monica
College-based Green Corps to address Council regarding human
rights violations in Burma. Members of the public Kathy Knight
and Louisa Craig spoke in support of the proposal set forth by
Carol Richards. Councilmember Genser moved to direct staff to
investigate the situation in Burma further and return with a
resolution implementing a policy that would prohibit the City
from doing business with companies that do business in Burma.
Second by Councilmember O'Connor. Discussion was held. The
motion was unanimously approved, Mayor Pro Tempore Greenberg
absent.
13-B: JOSEPH DiPASQUALE/SAFETY CONCERNS/19TH STREET AND IDAHO
AVENUE: Joseph DiPasquale was not in attendance at the
meeting. Councilmember Genser moved to receive and file the
request of Joseph A. DiPasquale to address Council regarding
safety concerns at the intersection of 19th Street and Idaho
Avenue. Second by Councilmember Abdo. The motion was
unanimously approved, Mayor Pro Tempore Greenberg absent.
13-C: BILL WORDEN/HANGAR RELOCATIONS/LDA INSTRUMENT
APPROACH/SANTA MONICA AIRPORT: Presented was the request of
Bill Worden, President of the Santa Monica Airport Association,
to address Council regarding hangar relocations and the
proposed LDA instrument approach at the Santa Monica Airport.
Council asked questions of Mr. Worden. Member of the public
Daniel Cytron spoke in support of Mr. Worden's request to place
the issue of hangar relocations on a future Council agenda.
Councilmember Abdo moved to extend the meeting to 12:00
Midnight. Second by Mayor Rosenstein. The motion was
unanimously approved, Mayor Pro Tempore Greenberg absent.
Member of the public Terry Ballas discussed problems at the
airport and with members of the Airport Commission. Council
asked questions of staff. This item was referred to staff for
preparation of an information item.
13-D: MARILYN ALEXANDER/MASSAGE THERAPY: Presented was the
request of Marilyn Alexander to address Council regarding
amending the current massage therapy ordinance. Council asked
questions of staff. Councilmember Abdo moved to ask staff to
review the current ordinance and see if there is a way to allow
seated, clothed massages, and some definition of appropriate
places. Second by Councilmember Ebner. The motion was
unanimously approved, Mayor Pro Tempore Greenberg absent.
13-E: ENRIQUE RENALDO/TAXICAB PARKING: Presented was the
request of Enrique Renaldo to address Council regarding taxicab
parking, Santa Monica Municipal Code Section 6.48.080. Council
asked questions of Mr. Renaldo. Council asked questions of
staff. This item was referred to staff.
14-A: APPOINTMENTS/MEMBERS/BOARDS AND COMMISSIONS:
Councilmember Abdo moved to hear the public on this item this
evening, close the public hearing tonight, and continue this
item to the meeting of July 25, 1995. The motion was duly
seconded and approved. Members of the public Robert Convey, Jay
Becker, Linda Wenze, and Dan Ryan discussed the Airport
Commission. Mayor Rosenstein moved to extend the meeting past
12:00 Midnight. Second by Councilmember Ebner. The motion was
approved, Councilmember Genser opposed, Mayor Pro Tempore
Greenberg absent. Members of the public Brian Buell, Daniel
Cytron, Terry Ballas, and Bill Worden discussed the Airport
Commission. The remainder of this item was continued to the
meeting of July 25, 1995.
14-B: INDEMNIFICATION/OVERSIGHT OF OPERATIONS/ACCOUNTABILITY/
BAYSIDE DISTRICT CORPORATION/PIER RESTORATION CORPORATION: The
request of Councilmember Ebner to discuss the extent of the
City's obligation to indemnify the Bayside District Corporation
(BDC) and the Pier Restoration Corporation (PRC), the City's
oversight of BDC and PRC operations, and accountability issues
associated with these organizations was continued to the
meeting of July 25, 1995.
14-C: RENAMING OF LINCOLN PARK/CHRISTINE EMERSON REED PARK:
The request of Mayor Rosenstein and Councilmember Holbrook to
direct staff to take appropriate action to rename Lincoln Park
as Christine Emerson Reed Park and set a dedication date was
withdrawn.
14-D: CHILD CARE EXPENSES/OFFICIAL CITY TRAVEL: Presented was
the request of Councilmember Ebner to receive authorization for
child care expenses associated with official City travel.
Discussion was held. Mayor Rosenstein moved to approve
Councilmember Ebner's request for child care expenses
associated with official City travel. Second by Councilmember
Ebner. The motion was unanimously approved, Mayor Pro Tempore
Greenberg absent. Councilmember Abdo moved to ask staff to
investigate the status of child care policy for commissioners
and return to Council with an information item. Second by
Councilmember Genser. Discussion was held. The motion was
unanimously approved, Mayor Pro Tempore Greenberg absent.
15: PUBLIC INPUT: There were no speakers.
ADJOURNMENT: At 12:20 A.M., the meeting was adjourned in
memory of Margaret Zizzi and Sam Wiesman.
ATTEST: APPROVED:
Beth Sanchez Paul Rosenstein
Acting City Clerk Mayor