CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 17, 1995
An adjourned meeting of the Santa Monica City Council was
called to order by Mayor Rosenstein at 6:35 P.M., on Tuesday,
October 17, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Judy Abdo
Councilmember Ken Genser
(arrived at 6:40 P.M.)
Councilmember Ruth Ebner
Councilmember Robert T. Holbrook
Councilmember Pamela O'Connor
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember O'Connor led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
Councilmember Genser reported present at 6:40 P.M.
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 and Ron Taylor discussed items on the
Consent Calendar. Councilmember Holbrook moved to approve the
Consent Calendar, reading resolutions and ordinances 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 Genser, Greenberg,
Holbrook, Ebner, O'Connor, Abdo,
Mayor Rosenstein
6-A: TEXT AMENDMENT/HOURS OF OPERATION/DRIVE-UP WINDOWS:
Ordinance No. 1819(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 9.04.14.090 REGARDING DRIVE-IN, DRIVE-THROUGH, FAST
FOOD AND TAKE-OUT RESTAURANTS," was adopted on second reading.
Staff Report
6-B: GAME ARCADES/ALCOHOL AND FOOD SERVING ESTABLISHMENTS:
Ordinance No. 1820(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING GAME ARCADES
AND ESTABLISHING LIMITATIONS ON THE NUMBER OF ALCOHOL AND FOOD
SERVING ESTABLISHMENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C
DISTRICTS ON AN INTERIM BASIS," was adopted on second reading.
Staff Report
6-C: ESTABLISHMENT OF DOMESTIC PARTNER REGISTRY: Ordinance
No. 1821(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADDING CHAPTER 4.60 TO THE SANTA
MONICA MUNICIPAL CODE TO ESTABLISH A DOMESTIC PARTNERSHIP
REGISTRY," was adopted on second reading.
Staff Report
6-D: DOMESTIC PARTNERSHIPS: Ordinance No. 1822(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.40.020 AND
4.40.040 TO DELETE PROCEDURAL PROVISIONS RELATING TO DOMESTIC
PARTNERSHIP; TO CLARIFY THAT CHAPTER 4.40 DOES NOT ESTABLISH
LANDLORD-TENANT RELATIONSHIPS, TO ADD A PROVISION REGARDING
LANDLORD NOTIFICATION, AND TO AMEND THE PROVISION ON
SUBTERFUGE," was adopted on second reading.
Staff Report
6-E: EARTHQUAKE RECOVERY ACT: Ordinance No. 1823(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING AND REENACTING THE EARTHQUAKE RECOVERY
ACT," was adopted on second reading.
Staff Report
6-F: POSTED SPEED LIMITS: Ordinance No. 1824(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.490 TO
ESTABLISH POSTED SPEED LIMITS ON VARIOUS CITY STREET SEGMENTS,"
was adopted on second reading.
Staff Report
6-G: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution
No. 8947(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-H: SUPPORT/CALIFORNIA LOW-EMISSION AND ZERO-EMISSION VEHICLE
PROGRAM: Resolution No. 8948(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF THE
CALIFORNIA LOW-EMISSION AND ZERO-EMISSION VEHICLE (LEV/ZEV)
PROGRAM," was adopted.
Staff Report
6-I: CANCEL REGULAR CITY COUNCIL MEETING/OCTOBER 24, 1995/HOLD
ADJOURNED REGULAR CITY COUNCIL MEETING/NOVEMBER 7, 1995: The
recommendation to cancel the regular City Council meeting of
October 24, 1995, and hold an adjourned regular City Council
meeting on November 7, 1995, was approved.
6-J: AGREEMENT/SCHEMATIC DESIGN DOCUMENTS/PRELIMINARY
CONSTRUCTION COST ESTIMATE/DEMOLITION & REPLACEMENT/FIRE
STATION #2: Contract No. 7168(CCS) was approved with Morphosis
and Wolf/Lang/Christopher Architects, Inc. in an amount not to
exceed $78,000 for the preparation of schematic design
documents and preliminary construction cost estimate for the
demolition and replacement of Fire Station #2.
Staff Report
6-K: AWARD OF CONTRACT/CITYWIDE ROOF REPAIR/REPLACEMENT
PROJECT/CONTRACT I: Contract No. 7169(CCS) was awarded to
Scholten Roof Service Company in the amount of $276,520 for the
Citywide Roof Repair/Replacement Project - Contract I at
various City facilities.
Staff Report
6-L: AWARD OF CONTRACT/CITYWIDE ROOF REPAIR/REPLACEMENT
PROJECT/CONTRACT II: Contract No. 7170(CCS) was awarded to Leo
Lee Inc., dba Allstate Roofing Co., in the amount of $248,978
for the Citywide Roof Repair/Replacement Project - Contract II
at various City facilities.
Staff Report
END OF CONSENT CALENDAR
8-A: INDUSTRIAL WASTEWATER CONTROL: Presented was an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Chapter 5.20 concerning industrial
wastewater control. Mayor Rosenstein opened the meeting for
public comment. Member of the public Joy Fullmer expressed her
concerns. Mayor Rosenstein closed the meeting for public
comment.
Staff Report
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 CHAPTER 5.20 OF
THE SANTA MONICA MUNICIPAL CODE CONCERNING INDUSTRIAL
WASTEWATER CONTROL," reading by title only and waiving further
reading thereof. Second by Councilmember Ebner. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Ebner, Holbrook, Greenberg,
Genser, Mayor Rosenstein
8-B: DEFINITIONS/ADJUSTMENTS: Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Section 9.04.02.030 regarding definitions, and Section
9.04.20.34.030 regarding adjustments. Council asked questions
of staff. Mayor Rosenstein opened the meeting for public
comment. Member of the public Joy Fullmer expressed her
concerns. Mayor Rosenstein closed the meeting for public
comment. Council asked questions of staff.
Staff Report
Councilmember Genser moved to introduce for first reading 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; AND SECTION 9.04.20.34.030
REGARDING ADJUSTMENTS," amended to include the following
technical changes: 1) delete the word "enclosure" from the
last sentence of the definition of Accessory Living Quarters;
2) definition of Finished First Floor amended to read: "...(3)
feet above the average natural grade,...;" 3) definition of
Garage, Semi-Subterranean amended to read: "...(3) feet above
the average natural grade,...;" and 4) definition of Mobilehome
Park amended to read: "one (1) or more trailers or coaches in
use for long-term human habitation..." Second by Councilmember
O'Connor. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Ebner, O'Connor, Abdo,
Mayor Rosenstein
Mayor Pro Tempore Greenberg moved to direct staff to return
with information regarding the "boardinghouse" definition and
what possible issues or problems may arise because of the
construction of the definition. Second by Councilmember Ebner.
Discussion was held. The motion was unanimously approved.
Councilmember Ebner was excused at 7:18 p.m.
8-C: DEED RESTRICTIONS: Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Article IX to require deed restrictions for certain
projects in commercial districts which receive a density or
height bonus. Council asked questions of staff. Mayor
Rosenstein declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. Mayor Rosenstein
closed the public hearing.
Staff Report
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 ARTICLE IX OF THE
MUNICIPAL CODE TO REQUIRE DEED RESTRICTIONS FOR CERTAIN
PROJECTS IN COMMERCIAL DISTRICTS WHICH RECEIVE A DENSITY OR
HEIGHT BONUS," 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 Abdo, O'Connor,
Holbrook, Greenberg, Genser,
Mayor Rosenstein
Absent: Councilmember Ebner
Councilmember Ebner returned at 7:21 P.M.
8-D: ENHANCED SUPPLEMENTAL FIRE SAFETY AND PREVENTION
REQUIREMENTS (FIRE SPRINKLERS): Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Section 8.04.120 relating to enhanced supplemental fire
safety and prevention requirements (fire sprinklers) to include
all new construction. Council asked questions of staff. Mayor
Rosenstein declared the meeting open for public comment.
Member of the public Joy Fullmer expressed her concerns. Mayor
Rosenstein closed public comment.
Staff Report
Councilmember Holbrook 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
SECTION 8.04.120 RELATING TO SUPPLEMENTAL FIRE SAFETY AND
PREVENTION REQUIREMENTS," with Division 3.01(d) amended to read
as follows: "The Fire Chief and Building Official are
authorized to promulgate standards regarding the installation
and type of automatic fire sprinkler systems required by this
Division," and with the understanding that the language and
date references throughout the ordinance will conform, reading
by title only and waiving further reading thereof. Second by
Councilmember O'Connor. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Greenberg,
Holbrook, Ebner, O'Connor, Abdo,
Mayor Rosenstein
9-A: CLOSED SESSION: Held at end of meeting.
11-A: EXPANSION OF MEMBERSHIP/SOCIAL SERVICES COMMISSION:
Presented was the recommendation to consider the Social
Services Commission's request to direct the City Attorney to
prepare an ordinance amending Santa Monica Municipal Code
Section 2.60.020 expanding the membership of the Social
Services Commission from seven to nine members. Discussion was
held.
Mayor Pro Tempore Greenberg moved to continue this item to the
next meeting. Second by Councilmember Ebner. Discussion was
held. Councilmember Genser moved a substitute motion to direct
the City Attorney to draft an ordinance amending Section
2.60.020 of the Santa Monica Municipal Code to increase the
number of members on the Social Services Commission from seven
to nine members, schedule this item as soon as possible for
discussion and public comment, and ask staff to request that an
appropriate number of delegates from the Commission be in
attendance at the meeting in order to answer questions. Second
by Councilmember Abdo. Council asked questions of staff. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
O'Connor, Abdo, Mayor Rosenstein
Negative: Councilmembers Greenberg, Ebner
14-A: APPOINTMENTS OF MEMBERS/BOARDS AND COMMISSIONS: Mayor
Rosenstein announced that the floor would consider nominations
to the Recreation & Parks Commission. Mayor Pro Tempore
Greenberg nominated Neil Carrey. Councilmember O'Connor
nominated Susan Henderson. Councilmember Holbrook nominated
Beth Kaplan. There being no further nominations, nominations
were closed. Discussion was held. All nominations were
withdrawn and there being no objections, the appointments of
members to the Recreation & Parks Commission and the Bayside
District Corporation were continued to the meeting of November
7, 1995.
14-B: PROHIBITION/JUVENILES LOITERING IN PUBLIC PLACES TO
AVOID OBLIGATION OF ATTENDING SCHOOL: Presented was the
request of Mayor Rosenstein for Council to discuss directing
the City Attorney to prepare an ordinance to prohibit juveniles
from loitering in public places for the purpose of avoiding
their obligation to attend school. Mayor Rosenstein moved to
direct the City Attorney to prepare an analysis relative to the
need of an ordinance prohibiting juveniles from loitering in
public places for the purpose of avoiding their obligation to
attend school. Discussion was held. The motion was seconded
by Councilmember Ebner and unanimously approved.
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns on various issues.
9-A: CLOSED SESSION: At 8:30 P.M., Council adjourned to
Closed Session for conference with Legal Counsel:
The City Attorney announced that a potential litigation issue
had arisen after preparation of the agenda and required
discussion by the City Council, with no action taken.
Existing litigation:
1. Len Doucette, et al. v. City of Santa Monica, et al., USDC
No. CV-95 1136 WDK (MCX);
Anticipated litigation:
1. One case of potential litigation.
Held. No action taken. Information only.
Public Employee Evaluation:
Title: City Attorney
City Manager
At 11:50 P.M., Council reconvened with all members present.
ADJOURNMENT: At 11:50 P.M., the meeting was adjourned to
November 7, 1995, at 6:30 P.M., in memory of Michael Heisley.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor