CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 8, 1995
A regular meeting of the Santa Monica City Council was called
to order by Mayor Pro Tempore Greenberg at 6:30 P.M., on
Tuesday, August 8, 1995, in the Council Chambers.
Roll Call: Present: Mayor Pro Tempore Asha Greenberg
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Pamela O'Connor
Councilmember Judy Abdo
Absent: Mayor Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Acting City Clerk Beth Sanchez
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
At 6:32 P.M., a Special City Council/Public Financing Authority
Special Joint Meeting was convened.
Public Financing Authority
Roll Call: Present: Chair Pro Tempore Asha Greenberg
Authority Member Ken Genser
Authority Member Robert T. Holbrook
Authority Member Ruth Ebner
Authority Member Pamela O'Connor
Authority Member Judy Abdo
Absent: Chair Paul Rosenstein
Also Present: Executive Director John Jalili
Authority Counsel Marsha Jones Moutrie
Acting Secretary Beth Sanchez
CC/PFA-1: 1995 AIRPORT FACILITIES CERTIFICATES OF
PARTICIPATION:
Presented were resolutions authorizing the execution and
delivery of various agreements and documents concerning the
issuance of 1995 Airport facilities Certificates of
Participation (COP's) for redemption of 1985 Airport facilities
COP's in an aggregate principal amount not to exceed
$5,000,000. Member of the public Joy Fullmer expressed her
concerns. Councilmember Holbrook moved, on behalf of the City
Council, to adopt Resolution No. 8931(CCS) entitled:
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A
FACILITIES LEASE, A LEASE AGREEMENT, A TRUST AGREEMENT AND A
PURCHASE CONTRACT WITH RESPECT TO THE EXECUTION AND DELIVERY OF
CERTIFICATES OF PARTICIPATION (1995 AIRPORT FACILITIES
REFUNDING), AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
CERTIFICATES IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED
$5,000,000, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL
STATEMENT IN CONNECTION THEREWITH AND AUTHORIZING THE EXECUTION
OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS,"
reading 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,
Ebner, O'Connor, Abdo, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
Authority Member Holbrook moved, on behalf of the Public
Financing Authority, to adopt Resolution No. 1(PFAS) entitled:
"RESOLUTION OF THE BOARD OF DIRECTORS OF THE SANTA MONICA
PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND
DELIVERY BY THE AUTHORITY OF A FACILITIES LEASE, A LEASE
AGREEMENT, A TRUST AGREEMENT AND AN ASSIGNMENT AGREEMENT WITH
RESPECT TO THE EXECUTION AND DELIVERY OF CITY OF SANTA MONICA
CERTIFICATES OF PARTICIPATION (1995 AIRPORT FACILITIES
REFUNDING), AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
CERTIFICATES IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED
$5,000,000 AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS
AND CERTIFICATES AND RELATED ACTIONS IN CONNECTION THEREWITH,"
reading by title only and waiving further reading thereof.
Second by Authority Member Ebner. The motion was approved by
the following vote:
Public Financing Authority vote:
Affirmative: Authority Members Genser,
Holbrook, Ebner, O'Connor, Abdo,
Chair Pro Tempore Greenberg
Absent: Chair Rosenstein
Councilmember Ebner moved to approve the recommended technical
budget adjustments. Second by Councilmember Holbrook. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Ebner, O'Connor, Abdo, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
At 6:39 P.M., the Special City Council/Public Financing
Authority Special Joint Meeting was adjourned and the City
Council Meeting was reconvened.
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.
Councilmember Holbrook moved to approve the Consent Calendar,
with the exception of Item Nos. 6-F, 6-G, 6-I, and 6-J, 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 Abdo, O'Connor,
Ebner, Holbrook, Genser, Mayor
Pro Tempore Greenberg
Absent: Mayor Rosenstein
6-A: MINUTES APPROVAL: The City Council minutes of July 18,
and 25, 1995, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8925(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: CONFORMANCE/CONGESTION MANAGEMENT PROGRAM: Resolution
No. 8926(CCS), entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE
WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE
CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089," was adopted.
Staff Report
6-D: AWARD OF BID/UNLEADED FUEL/REJECTION OF BIDS/DIESEL FUEL:
Bid No. 2540 was awarded to Kristen Schaffner Petroleum at
specified unit prices to furnish and deliver unleaded fuel with
a one-year renewal option; bids for diesel fuel were rejected.
Resolution No. 8927(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
DIESEL FUEL," was adopted.
Staff Report
6-E: PURCHASE OF MISCELLANEOUS RECYCLED PAPER: Bid #2537 was
rejected and Resolution No. 8928(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 MISCELLANEOUS RECYCLED PAPER," was adopted.
Staff Report
6-H: AWARD OF CONTRACT/EARTHQUAKE/PERMANENT REPAIRS/CITY-OWNED
BUILDINGS: Contract No. 7157(CCS) was approved with John
Tomberlin Construction in the amount of $201,275 for earthquake
and other permanent repairs of City-owned buildings and
Contract No. 7158(CCS) was approved with CMTS for construction
management services in an amount not to exceed $51,000.
Staff Report
6-K: PROFESSIONAL SERVICES CONTRACT/CONGESTION MANAGEMENT
MEASURES: Contract No. 7160(CCS) for professional services was
approved with JHK & Associates in the amount of $949,000 for
design and system implementation and monitoring services for
congestion management measures such as signal synchronization
associated with the Santa Monica Smart Corridor Extension
Project.
Staff Report
END OF CONSENT CALENDAR
6-I: COMMERCIAL STREETSCAPE FINANCING PROGRAM: Council asked
questions of staff. Discussion was held. Councilmember Abdo
moved to authorize the City Manager to accept two (2) EDA
grants, an $84,300 Planning Grant and a $3,118,915
Implementation Grant; execute documents necessary to formally
accept such Grants for the purposes outlined in the staff
report; authorize the appropriation of an additional $2,000 to
be included with the existing fiscal year 1995/96 revenue and
expenditure accounts for the EDA Planning Grant; and establish
a Commercial Streetscape Financing Program, to be funded by
$3,118,915 in EDA Implementation Grant monies. Second by
Councilmember Genser. The motion was approved by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Holbrook, Genser, Mayor Pro
Tempore Greenberg
Negative: Councilmember Ebner
Absent: Mayor Rosenstein
6-J: WATER AND WASTEWATER RATE STUDY: Council asked questions
of staff. Discussion was held. Councilmember Genser moved to
authorize the City Manager to negotiate and execute a contract
with David M. Griffith and Associates, Ltd. in the amount of
$78,380 to perform a water and wastewater rate study. Second
by Councilmember Abdo. Discussion was held. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Holbrook, Genser, Mayor Pro
Tempore Greenberg
Negative: Councilmember Ebner
Absent: Mayor Rosenstein
Councilmember Ebner requested that the record reflect that she
voted "no" on this item because this study will cost the City
$93,980 and it seems inconceivable to her that with the amount
of money spent on the runoff fund that this was not taken into
account. Councilmember Ebner said that a staff member said
that the water hook-up charges have increased significantly
since they were instituted in 1990 and her fear is, based on
the track record of the utilities, that if there is a new
charge put in place, it will also increase significantly and
she does not think that this is in the interests of the
citizens of the City. Staff responded that the current water
rates were established in 1990 and have not changed since that
time.
By virtue of the above action, Contract No. 7159(CCS) was
approved.
6-F: REJECTION OF BID/DUMP TRUCK: To be heard in conjunction
with Item No. 6-G.
Staff Report
6-G: REJECTION OF BID/CAB/CHASSIS/COLLECTION-TYPE BODY/SEMI-
AUTOMATIC BIN DUMPERS: To be heard in conjunction with Item
No. 6-F.
Staff Report
Council asked questions of staff. Councilmember Holbrook moved
to reject all bids and direct staff to negotiate with
manufacturers regarding the construction of an alternate fuel
vehicle for a dump truck for the Water Division, Environmental
and Public Works Management Department (6-F) and for a 29,000
GVWR cab/chassis with collection type body and semi-automatic
bin dumpers for the Recycling Division, Environmental and
Public Works Management Department (6-G). Second by
Councilmember O'Connor. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Ebner Holbrook, Genser, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
By virtue of the above action, Bid #2522 (6-F) and Bid #2525
(6-G) were rejected.
8-A: DEED RESTRICTIONS/CERTAIN PROJECTS/COMMERCIAL DISTRICTS:
The ordinance for introduction and first reading amending the
Zoning Ordinance to require deed restrictions for certain
projects in Commercial Districts which receive a density or
height bonus will be considered at the meeting of September 12,
1995.
8-B: DEFINITIONS/NIGHTCLUB/RESTAURANT: Councilmember Holbrook
moved to accept no more requests to speak. Second by
Councilmember Ebner. Discussion was held. Councilmember
Holbrook withdrew his motion. Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Section 9.04.02.030, regarding Zoning Ordinance
definitions of nightclub and restaurant. Council asked
questions of staff. At 7:24 P.M., Mayor Pro Tempore Greenberg
declared the public hearing open. Members of the public Teresa
Rodriguez, Mark Castaldo, Germaine Goodrich, Cameron Walker,
Susan Kamei, Algis Aras, Michael Klein, Scott Jacobs, Carol
Reinstein, and Liz Wade spoke in support of the proposed
ordinance. Member of the public Joy Fullmer expressed her
concerns. Member of the public Maryanne Solomon suggested
amending the proposed ordinance to require that any
establishment with amplified music be required to have a CUP.
Member of the public Alan Cohen spoke in opposition to the
proposed ordinance. Members of the public Tony Palermo and
Richard Bloom spoke in opposition to the proposed ordinance as
written. Councilmember Ebner moved to hear late speakers.
Second by Councilmember O'Connor. The motion was unanimously
approved, Mayor Rosenstein absent. Member of the public John
Loftin spoke in support of the proposed ordinance. Member of
the public Stephanie Barbanell urged Council to retain the
language currently in the Municipal Code defining restaurants
rather than adopting the new language. Member of the public
Beth Leder-Pack suggested amending the proposed ordinance to
require that any establishment with amplified music be required
to have a CUP. At 7:56 P.M., Mayor Pro Tempore Greenberg
closed the public hearing. Council asked questions of staff.
Councilmember Genser moved to direct the City Manager and City
Attorney to rapidly evaluate available options and take action
to deal with immediate concerns as expressed by public speakers
this evening with regard to Tampico & Tilly's as seems
appropriate. Second by Councilmember Abdo. Discussion was
held. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Ebner, O'Connor, Abdo, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
Discussion was held. Councilmember Genser moved to introduce
for first reading the ordinance amending Municipal Code Section
9.04.02.030 regarding Zoning Ordinance definitions and direct
staff to include language stipulating that in the definition of
restaurant amplified music would not be allowed and no more
than two musicians would be allowed. Second by Councilmember
Holbrook. Discussion was held. Councilmember Holbrook moved
to amend the motion to ask staff to somehow consider the
character of the performers, e.g., mariachis, with the
character of the restaurant. Discussion was held.
Councilmember Ebner moved a substitute motion to introduce for
first reading the ordinance amending Municipal Code Section
9.04.02.030 regarding Zoning Ordinance definitions and direct
staff to study both the noise level and the issue of proximity
of the restaurant/nightclub to residential versus commercial
areas as it relates to enforcement and include such language in
the ordinance at a later time. Second by Mayor Pro Tempore
Greenberg. Discussion was held. Councilmember Genser moved to
amend his motion to remove the amplification restriction
portion. Discussion was held. Councilmember Genser moved to
bifurcate this into two issues: (1) approve the staff
recommendation, and (2) direct staff to return with an
emergency ordinance addressing issues discussed this evening at
the same time as the second reading of the ordinance being
considered this evening. Discussion was held. The motion was
duly seconded and unanimously approved, Mayor Rosenstein
absent. Discussion was held. The substitute motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Ebner, O'Connor, Abdo, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
By virtue of the above action, 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 OF NIGHTCLUB AND RESTAURANT," was introduced for
first reading by title only, waiving further reading thereof.
Councilmember Holbrook moved to instruct staff to review all
available options to deal with the issue of nightclubs and
restaurants and the other issues of problems in the community
that were outlined earlier and return at the next meeting with
an emergency ordinance. Second by Councilmember Ebner. The
motion was unanimously approved, Mayor Rosenstein absent.
At 8:36 P.M., Council adjourned for a short recess. Council
reconvened at 9:00 P.M. with all members present.
8-C: VIOLATIONS OF VARIOUS MUNICIPAL CODE SECTIONS: Presented
was an ordinance for introduction and first reading amending
various Santa Monica Municipal Code sections to make violations
of these sections chargeable either as infractions or
misdemeanors and amending Municipal Code Sections 1.08.010 and
4.12.170 to clarify that Municipal Code violations are
misdemeanors unless the Code provides otherwise. Council asked
questions of staff. At 9:04 P.M., Mayor Pro Tempore Greenberg
declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Member of the public Stephanie
Barbanell spoke in support of the proposed ordinance. Mayor
Pro Tempore Greenberg closed the public hearing at 9:07 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 SANTA MONICA MUNICIPAL CODE
SECTIONS 3.20.020, 4.08.270, 4.12.140, 5.08.300, 6.48.080, AND
7.48.020 TO MAKE VIOLATIONS OF THESE SECTIONS CHARGEABLE EITHER
AS INFRACTIONS OR MISDEMEANORS AND AMENDING MUNICIPAL CODE
SECTIONS 1.08.010 AND 4.12.170 TO CLARIFY THAT MUNICIPAL CODE
VIOLATIONS ARE MISDEMEANORS UNLESS THE CODE PROVIDES
OTHERWISE," 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, O'Connor,
Ebner Holbrook, Genser, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
9-A: PREFERENTIAL PARKING ZONES: Presented was a staff
recommendation to direct the City Attorney to prepare
ordinances establishing four new preferential parking zones
along (A) the area bounded by and including Euclid Street,
Ocean Park Boulevard, 23rd Street and Ashland Avenue (Santa
Monica College zone); (B) 7th Street between Michigan Avenue
and Pico Boulevard; (C) Navy Street and Ozone Street between
Lincoln Boulevard and 7th Street, and Longfellow Street between
Ozone Street and Marine Street; and (D) Strand Street between
Lincoln Boulevard and 7th Street. Council asked questions of
staff. Member of the public Joy Fullmer expressed her
concerns. Members of the public Thomas Elias, Jose Martinez,
Roger Director, and Thomas Rose spoke in support of the
preferential parking zones. Members of the public Kirsten
Seiffert and Terrie Silverman spoke in opposition to the
preferential parking zones. Member of the public Alta
McCausland relinquished her time to show a video tape
addressing parking problems. Councilmember Genser moved to
waive Council rules and allow speakers to relinquish their time
in order to show a video tape addressing parking problems.
Discussion was held. The motion died for lack of a second.
Councilmember Abdo moved to view the video tape addressing
parking problems after the speakers have spoken and it would be
acceptable if speakers wish to relinquish their time. Second
by Councilmember Holbrook. The motion was unanimously
approved, Mayor Rosenstein absent. Member of the public Robert
McCausland relinquished his time to show a video tape
addressing parking problems. Members of the public William
Anderson, Marilyn Elias, Jordan Elias, Joyce Roberts, Marie
Bro, Gary Sloate, Bob Krueger, Tom Miller, and Monica Mason
spoke in support of the preferential parking zones. Members of
the public Norm Patino, Jake Zambas, Walt Zambas, Nancy
Cattell, Eric Parlee, Stephen Alpert, Richard Johnson, Herb
Katz, Dolores McGinty, and Ken Ogawa spoke in opposition to the
preferential parking zones. Member of the public Mike
Goldsmith spoke in support of permit parking on the east side
and re-established parking on the west side of 7th Street.
Member of the public Richard Bloom expressed concern with
adequate notice and made suggestions. Member of the public
Nathaniel Trives expressed the belief of Santa Monica College
that an EIR is necessary if Council contemplates proceeding
with expanding the preferential zone around the college.
Councilmember Genser moved to hear a late speaker. Second by
Councilmember Abdo. The motion was unanimously approved, Mayor
Rosenstein absent. Member of the public Jerry Green spoke in
opposition to the preferential parking zones. Member of the
public Thomas Elias showed a video tape addressing parking
problems. Council asked questions of staff. Councilmember
Genser moved to direct the City Attorney to prepare ordinances
establishing four preferential parking zones as outlined in the
staff report; direct Planning Staff to conduct an environmental
evaluation of the proposed zones; and upon adoption of
ordinances establishing these zones, revise budget revenue
account 01-210-415-00000-0029-10000 to reflect $6,000 in
additional revenue from the sale of new preferential parking
permits. Second by Councilmember O'Connor. Council asked
questions of staff. Discussion was held. Mayor Greenberg
moved to extend the meeting to 11:45 P.M. Second by
Councilmember O'Connor. The motion was unanimously approved,
Mayor Rosenstein absent. Discussion continued. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, O'Connor,
Abdo, Mayor Pro Tempore Greenberg
Negative: Councilmembers Holbrook, Ebner
Absent: Mayor Rosenstein
Councilmember Ebner requested that the record reflect that she
voted "no" on this item because she believes that it is the
role of government to find better solutions and this is a
citywide problem, not merely a problem at the college.
Councilmember Ebner stated her belief that the City is headed
toward ultimately having a wire fence around the City with a
big "keep out" sign because there is no plan and there is no
vision and she is not sure that this is what she wants Santa
Monica to be and she is not sure that she wants to live in a
gated community. Councilmember Ebner stated her opinion that a
better solution would be to find someplace else to put the
cars; the cars are not going away.
Councilmember Holbrook requested that the record reflect that
he voted "no" on this item because he did not feel that it was
necessary to do an EIR and felt that only the blocks where the
residents signed a petition should be included.
Councilmember Genser moved to direct staff to investigate
problems, and take action if appropriate, near the bank on
Ocean Park Boulevard and the automobile dealership on Lincoln
Avenue which may be in violation of permits. Second by
Councilmember Abdo. The motion was unanimously approved, Mayor
Rosenstein absent.
Councilmember Genser moved to place an item on the next agenda,
when Mayor Rosenstein will be present, to establish a committee
of those Councilmembers desiring to take a different approach
to address parking problems and ask them to make
recommendations to Council on how the parking problems in
neighborhoods be resolved. Second by Councilmember O'Connor.
The motion was unanimously approved, Mayor Rosenstein absent.
9-B: CONTRACTS/ARCHITECTURAL SERVICES/PROJECT MANAGEMENT
SERVICES/ POLICE, FIRE AND EMERGENCY OPERATIONS CENTER:
Presented was the staff report recommending authorization for
the City Manager to negotiate and execute contracts with
Dworsky Associates for architectural services in an amount not
to exceed $800,000 and the JCM Group for project management
services in an amount not to exceed $134,000 for the Police,
Fire and Emergency Operations Center, and appropriate $358,000
from the Public Safety Facility Reserve. Council asked
questions of staff. Members of the public Eric Parlee, Herb
Katz, Dan Ehrler, and Frank Gruber spoke in support of the
staff recommendation. Council asked questions of staff.
Councilmember Ebner moved to authorize the City Manager to
negotiate and execute a contract with Dworsky and Associates
for architectural services for an amount not to exceed
$800,000; authorize the City Manager to negotiate and execute a
contract with the JCM Group for $134,000 for project management
services; approve all required budget actions outlined above;
and authorize the City Manager to issue any necessary change
orders to complete additional work in conformance with the
Administrative Instructions on change orders. 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
Pro Tempore Greenberg
Absent: Mayor Rosenstein
9-C: CLOSED SESSION: Held at end of meeting.
12-A: MEMORANDUM OF UNDERSTANDING/LEGAL SUPPORT STAFF
ASSOCIATION: To be considered during Closed Session.
12-B: MEMORANDUM OF UNDERSTANDING/UNITED TRANSPORTATION UNION:
To be considered during Closed Session.
12-C: SALARY AND BENEFITS/CITY CLERK: To be considered during
Closed Session.
13-A: MEL AND KATHLEEN WEINSTEIN/PREPARATION OF ORDINANCE/CAR
ALARMS/DIESEL FUMES: Presented was the request of Mel and
Kathleen Weinstein to address Council requesting preparation of
an ordinance regarding car alarms in auto dealer lots and
diesel fumes from delivery vehicles. Council asked questions
of Mr. Weinstein. Council asked questions of staff.
Councilmember Genser moved to ask staff to explore the alarm
issue as soon as possible and return to Council no later than
mid-November with an interim ordinance and encourage staff to
explore the off-loading issue as part of the discussions being
held with automobile dealers. Second by Councilmember Abdo.
Discussion was held. The motion was unanimously approved,
Mayor Rosenstein absent.
Councilmember Abdo moved to extend the meeting to 12:30 A.M.
Second by Mayor Pro Tempore Greenberg. The motion was
approved, Councilmember Holbrook opposed, Mayor Rosenstein
absent.
13-B: TONY JAY/INTEREST/RENTAL DEPOSITS: The communication
received from Tony Jay requesting to address Council to request
that renters be entitled to receive interest earned on their
rental deposits was received and filed because Mr. Jay was not
in attendance.
14-A: 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 September 12, 1995.
14-B: LETTER OF RESIGNATION/DENNIS ZANE/BAYSIDE DISTRICT
CORPORATION: Councilmember Holbrook moved to accept with
regret the letter of resignation from Dennis Zane of the
Bayside District Corporation and authorize the City Clerk to
publish a Notice of Vacancy. Second by Councilmember Ebner.
The motion was unanimously approved, Mayor Rosenstein absent.
15: PUBLIC INPUT: Member of the public Jule Lamm discussed
problems with the Airport Commission.
9-A: CLOSED SESSION: At 11:47 P.M., Council adjourned to
Closed Session for conference with Legal Counsel:
Staff Report
Existing litigation:
1. Delene Stromberg v. City of Santa Monica, LASC Case No.
SC 032 640;
2. Kennebruew, et al. v. City of Santa Monica, LAMC Case
No. 94K 14810;
3. Macias v. City of Santa Monica, LASC Case No. SC 016
392;
4. Myrick v. City of Santa Monica, USDC Case Nos. CV 942247
GHK and CV 943684 GHK.
Conference with Labor Negotiator:
1. City Negotiator: Karen Bancroft, Personnel Director
Bargaining Unit: Administrative Team Associates (ATA)
Executive Pay Plan (EPP)
Legal Support Staff Association of Santa
Monica (LSSASM)
Management Team Associates (MTA)
Municipal Employees Association (MEA)
Public Attorneys Union (PAU)
Santa Monica Firefighters IAFF Local 1109
Santa Monica Police Officers Association
(SMPOA)
Supervisors Team Associates (STA)
United Transportation Union (UTU)
Public Employment:
1. Title: City Clerk
At 12:25 A.M., Council reconvened with all members present
except Mayor Rosenstein.
9-C: CLOSED SESSION: Councilmember Abdo moved to approve
settlement in the amount of $18,000 in the case of Delene
Stromberg v. City of Santa Monica. Second by Councilmember
Ebner. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Ebner, O'Connor, Abdo, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
Councilmember Ebner moved to approve settlement in the amount
of $53,600 in the case of Kennebruew, et al. v. City of Santa
Monica. Second by Mayor Pro Tempore Greenberg. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Ebner, O'Connor, Abdo, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
Mayor Pro Tempore Greenberg moved to approve settlement in the
amount of $57,452.32 in the case of Macias v. City of Santa
Monica. Second by Councilmember Ebner. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Ebner, O'Connor, Abdo, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
Mayor Pro Tempore Greenberg moved to approve settlement in the
amount of $400,000 in the case of Myrick v. City of Santa
Monica. Second by Councilmember Ebner. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Ebner, O'Connor, Abdo, Mayor Pro
Tempore Greenberg
Absent: Mayor Rosenstein
12-A: MEMORANDUM OF UNDERSTANDING/LEGAL SUPPORT STAFF
ASSOCIATION: Councilmember Abdo moved to adopt Resolution No.
8929(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE LEGAL
SUPPORT STAFF ASSOCIATION OF SANTA MONICA, reading by title
only and waiving further reading thereof. Second by Mayor Pro
Tempore Greenberg. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Holbrook, Genser, Mayor Pro
Tempore Greenberg
Abstain: Councilmember Ebner
Absent: Mayor Rosenstein
12-B: MEMORANDUM OF UNDERSTANDING/UNITED TRANSPORTATION UNION:
The resolution authorizing the City Manager to execute a
Memorandum of Understanding with the United Transportation
Union (UTU) was continued to the meeting of September 12, 1995.
12-C: SALARY AND BENEFITS/CITY CLERK: Councilmember Genser
moved to adopt Resolution No. 8930(CCS) entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING
SALARY AND BENEFITS FOR THE POSITION OF CITY CLERK, reading by
title only and waiving further reading thereof, appointing
Maria M. Stewart to the position of City Clerk effective
September 11, 1995. Second by Councilmember Abdo. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Ebner, Holbrook, Genser, Mayor
Pro Tempore Greenberg
Absent: Mayor Rosenstein
ADJOURNMENT: At 12:30 A.M., the meeting was adjourned in
memory of Claire Branfman, Barbara J. Wagner, and Richard
Neustadt.
ATTEST: APPROVED:
Beth Sanchez Asha Greenberg
Acting City Clerk Mayor Pro Tempore