CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 7, 1995
An adjourned regular meeting of the Santa Monica City Council was
called to order by Mayor Rosenstein at 6:39 P.M., on Tuesday,
November 7, 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
Councilmember Pamela O'Connor
Also Present: City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember Holbrook led the assemblage in the Pledge of Alle-
giance to the Flag of the United States of America.
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 Joseph Baruch, Joy Fullmer, Virginia Ernst, Jim Donaldson,
and Donna Westbrook discussed items on the Consent Calendar.
Councilmember Holbrook requested that Item 6-D be pulled from the
Consent Calendar. Councilmember Genser requested that Items 6-I
and 6-K be pulled from the Consent Calendar. Councilmember
O'Connor moved to approve the Consent Calendar, with the
exception of Item Nos. 6-D, 6-I and 6-K, 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 Genser,
Greenberg, Holbrook,
Ebner, O'Connor, Abdo,
Mayor Rosenstein
Negative: None
6-A: MINUTES APPROVAL: The City Council minutes of October 10
and 17, 1995, were approved as submitted.
6-B: INDUSTRIAL WASTEWATER CONTROL: Ordinance No. 1825(CCS)
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," was adopted.
Staff Report
6-C: DEFINITIONS/ADJUSTMENTS: Ordinance No. 1826(CCS) 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,"
was adopted as amended.
Staff Report
6-E: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution No.
8949(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-F: NEW CLASSIFICATIONS/SALARY RATES: Resolution No. 8950(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES
FOR GRAFFITI REMOVAL TECHNICIAN, RESOURCE EFFICIENCY INSPECTOR,
ENVIRONMENTAL OUTREACH SPECIALIST, FIRE SAFETY COORDINATOR,
SENIOR CIVIL ENGINEER, MAINTENANCE MANAGEMENT ANALYST,
ADMINISTRATIVE SERVICES OFFICER - EARTHQUAKE RECOVERY
ADMINISTRATOR AND STORMWATER MANAGEMENT PROGRAM COORDINATOR;" and
Resolution No. 8951(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATES FOR THE
NEW CLASSIFICATIONS OF VIDEO INTERN, VIDEO TECHNICIAN I AND VIDEO
TECHNICIAN II," were adopted.
Staff Report
6-G: AMENDMENT TO CONTRACT/PERS: Resolution No. 8952(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SANTA MONICA," was
adopted, thereby amending the contract to provide Section 21382.4
Third Level of 1959 Survivor Benefits pursuant to Article 6
(commencing with Section 21380) for local police members only;
and setting a public hearing on November 14, 1995 to approve the
amendment.
Staff Report
6-H: AWARD OF CONTRACT/TRAFFIC SIGNAL INSTALLATION: Contract
No. 7171(CCS) was awarded to Taft Electric Company in the amount
of $100,399 for traffic signal installation at the intersections
of Ocean and Montana Avenues and Neilson Way and Hill Street.
Staff Report
6-J: APPROVAL OF STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 93-001/1703 OCEAN FRONT WALK: The Statement of Official Action for
the appeal of the approval of Conditional Use Permit 93-001
allowing construction for a project at 1703 Ocean Front Walk was
approved.
Staff Report
END OF CONSENT CALENDAR
6-D: ENHANCED SUPPLEMENTAL FIRE SAFETY AND PREVENTION
REQUIREMENTS (FIRE SPRINKLERS): Council asked questions of
staff. Councilmember Holbrook moved to adopt Ordinance No.
1827(CCS) 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," 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 Genser,
Greenberg, Holbrook,
Ebner, O'Connor, Abdo,
Mayor Rosenstein
Negative: None
6-I: AWARD OF CONTRACT/REPAIRS AND MAINTENANCE
IMPROVEMENTS/SANTA MONICA MUNICIPAL AIRPORT: Councilmember
Genser moved to continue this item to the meeting of November 14,
1995, and ask staff to meet with residents and address concerns
raised. Second by Councilmember Abdo. Council asked questions
of staff. Discussion was held. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser,
Greenberg, Holbrook,
Ebner, O'Connor, Abdo,
Mayor Rosenstein
Negative: None
6-K: SPECIAL ELECTION/GANN OVERRIDES: Council asked questions
of staff. 1)Council directed staff to clarify what the election
date will be in four years, if the initiative passes, since this
election will be in March and the approval of the voters is for
four years, and 2) how does the sunset date affect projects
already in the pipeline. The motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser,
Greenberg, Holbrook,
O'Connor, Abdo, Mayor
Rosenstein
Negative: Councilmember Ebner
8-A: DEED RESTRICTIONS: Presented was an ordinance for second
reading and adoption amending Santa Monica Municipal Code Article
IX to require deed restrictions for certain projects in
commercial districts which receive a density or height bonus.
Councilmember Ebner moved to adopt Ordinance No. 1828(CCS)
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
O'Connor. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo,
O'Connor, Ebner,
Holbrook, Greenberg,
Genser, Mayor Rosenstein
Negative: None
8-B: INCREASE NUMBER OF MEMBERS/SOCIAL SERVICES COMMISSION:
Presented was an ordinance for introduction and first reading
amending Santa Monica Municipal Code Section 2.60.020 to increase
the number of members on the Social Services Commission from
seven to nine. Council asked questions of staff. Alan Toy,
Social Services Commissioner, spoke in support of the action and
answered questions of City Council. Members of the public Joseph
Baruch and Joy Fullmer expressed their concerns. Member of the
public Mildred Rosenstein, Carol Rowe, and Michele Wittig spoke
in support of increasing the number of members on the Social
Services Commission.
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 SANTA MONICA MUNICIPAL CODE SECTION
2.60.020 TO INCREASE THE NUMBER OF MEMBERS ON THE SOCIAL SERVICES
COMMISSION FROM SEVEN TO NINE," reading by title only and waiving
further reading thereof. Second by Councilmember Abdo.
Discussion was held. Mayor Pro Tempore Greenberg moved to table
this item and consider it with Item No. 14-C. Second by
Councilmember Ebner. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Greenberg,
Holbrook, Ebner
Negative: Councilmembers Genser,
O'Connor, Abdo, Mayor
Rosenstein
Discussion was held. The original motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser,
O'Connor, Abdo, Mayor
Rosenstein
Negative: Councilmembers Greenberg,
Holbrook, Ebner
Mayor Pro Tempore Greenberg requested that the record reflect
that she voted "no" on this item because she believes that this
motion should have been considered with Item No. 14-C.
Councilmember Holbrook requested that the record reflect that he
voted "no" on this item because he feels that as commissions grow
larger it means that meetings will last longer for the
commissioners, there are more people on the dias, it is necessary
to prepare and deliver more documents, resulting in more staff
time and this is why he is reluctant to have commissions larger
than seven members.
Councilmember Ebner requested that the record reflect that she
voted "no" on this item because she feels that this motion should
have been heard in conjunction with Item No. 14-C.
Councilmember Abdo moved to ask staff to prepare a brief but
comprehensive memo to Council (and subsequently present same as a
press release) indicating all of the work that is being done for
youth in the community. Second by Councilmember Genser.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Genser,
O'Connor, Abdo, Mayor
Rosenstein
Negative: Councilmembers Greenberg, Holbrook,
Ebner
Mayor Pro Tempore Greenberg requested that the record reflect
that she voted "no" on the above motion because she feels that it
is unnecessary and is a response to the previous discussion that
Council was having, and that all of the information is already
available and this request is a waste of staff's time.
Councilmember Ebner requested that the record reflect that she
voted "no" on the above motion because she also feels that it is
unnecessary and she questioned publishing what is being done for
children as opposed to what is being done in other segments of
the population.
8-C: FIRST AMENDMENT/RESTATEMENT/DEVELOPMENT AGREEMENT 89-001/
MAGUIRE THOMAS DEVELOPMENT/1733 OCEAN AVENUE: Presented was an
ordinance for introduction and first reading approving the first
amendment to and restatement of Development Agreement 89-001
between the City of Santa Monica and Maguire Thomas Development
for the property located at 1733 Ocean Avenue. Council asked
questions of staff. Mayor Rosenstein declared the public hearing
open. Member of the public Joy Fullmer expressed her concerns.
The public hearing was suspended temporarily in order to have a
presentation by the representative of the applicant. Chris
Harding, representing the applicant, spoke in support of the
first amendment to and restatement of Development Agreement 89-001. Members of the public Tom Francis, Laurel Roennau, Jerry
Bass, and Mike Feinstein spoke in opposition to the proposed
extension of the development agreement. Mayor Rosenstein closed
the public hearing. Chris Harding presented a rebuttal. Council
asked questions of Mr. Harding and of staff. Discussion was
held.
Staff Report
Councilmember Genser moved to delay the recommended action until
an adequate environmental analysis is prepared. The motion died
for lack of a second. 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 APPROVING THE
FIRST AMENDMENT TO AND RESTATEMENT OF DEVELOPMENT AGREEMENT
BETWEEN MAGUIRE THOMAS PARTNERS DEVELOPMENT, A CALIFORNIA LIMITED
PARTNERSHIP, AND THE CITY OF SANTA MONICA," with findings,
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,
Mayor Rosenstein
Negative: Councilmember Genser
Councilmember Genser requested that the record reflect that he
voted against the above motion because he believes that the
Council is not fulfilling its obligations to adequately analyze
potential environmental effects for this project and because the
Council is not keeping the promise it made to the public when it
asked them to approve the Civic Center Specific Plan.
At 9:00 P.M., Council adjourned for a short recess. At 9:25
P.M., Council reconvened with all members present.
8-D: AMENDMENT/ZONING ORDINANCE: The ordinance for introduction
and first reading amending various provisions of the Zoning
Ordinance related to general requirements, LMSD, NW overlay, R2B,
and BR overlay property development standards, antenna
regulations, service station standards, and variances, and adding
a provision regarding regulatory incentives for the production of
lower income and senior housing was continued to the meeting of
November 14, 1995.
Staff Report
On order of the Mayor, this matter was continued to the meeting
of November 14, 1995.
9-A: MAIN STREET STREETSCAPE IMPROVEMENT PROJECT: Presented was
the staff report recommending approval, in concept, of the plan
for the Main Street Streetscape Improvement Project and the
capital financing approach for the associated capital
improvements; and to direct staff to prepare two Resolutions of
Intention, with all necessary documentation and public notices,
to establish a Main Street Streetscape Improvement Assessment
District and a new Main Street Parking and Business Improvement
Area which will replace the current Main Street Parking and
Business Improvement Area. Councilmember Genser excused himself,
at 9:35 p.m., from deliberations on this item due to a possible
conflict of interest as he has a small interest in a property in
the project area.
Staff Report
Member of the public Joseph Baruch expressed his concerns.
Member of the public Joe Pipersky spoke in support of the
proposed Main Street Streetscape Improvement Project with the
amendment that a memorial to Brandon MacNeil be constructed at
the plaza being built on the corner of Ocean Park and Main
Street. Members of the public Bruce Froehlich, Clyde Walker, and
Abby Sher spoke in opposition to the proposed Main Street
Streetscape Improvement Project due to inadequate parking.
Members of the public Eric Hanks, Sara Faulds, Glen Gerson, Aleta
Parrish, Suzanne Caplan, Craig McDonald, Al Ehringer, David Teck,
Neal Krone, Mitchell Cohen, Susan Papadakis, Dyan Ullman, Douglas
Block, Russ Barnard, Madeleine Warner, David Roberti and Mike
Feinstein spoke in support of the proposed Main Street
Streetscape Improvement Project. Members of the public Greg Metz
and Chris Metz expressed concern with the costs associated with
the project. Council closed the public hearing. Council posed
questions to staff for consideration at the meeting of November
14, 1995, and the remainder of this item was continued to that
meeting.
Councilmember Genser returned to the dias.
10-A: CONFIRMATION OF ASSESSMENT/REPAIR OF DAMAGED SIDEWALKS,
DRIVEWAYS, CURBS/REMOVAL OF DAMAGE IN PARKWAY AREAS: Presented
was the public hearing to accept public input and adopt a
resolution confirming the assessment of costs to repair damaged
sidewalks, driveways, curbs and the removal of damage in
parkway areas on various City streets (SR-95-192). Mayor
Rosenstein declared the public hearing open. Member of the
public Joseph Baruch expressed his concerns. Mayor Rosenstein
closed the public hearing. Mayor Pro Tempore Greenberg moved
to approve staff recommendation, accept public comment and
adopt Resolution No. 8964 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE
ASSESSMENT COSTS AND THE REPORT OF THE SUPERINTENDENT OF
STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS,
CURBS AND REMOVAL OF DAMAGED PAVEMENT IN THE PARKWAY AREA ON
VARIOUS STREETS (SR-95-192)." Councilmember Holbrook seconded
the motion. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo,
O'Connor, Holbrook,
Greenberg, Genser,
Mayor Rosenstein
Absent: Councilmember Ebner
Councilmember Ebner was absent for the vote on the above item
as she excused herself from the dias at 10:45 p.m. and returned
at 10:48 p.m.
13-A: NEIGHBORHOOD RESOURCE AND DEVELOPMENT
CORPORATION/EXTENSION OF CONTRACT TO CONTINUE CDBG FUNDING:
Vince Muselli, representing Neighborhood Resource and
Development Corporation, presented the request that NRDC be
granted an extension of Contract #7042(CCS) to continue CDBG
funding from November 1, 1995 through June 30, 1996. Member of
the public Joseph Baruch expressed his concerns. Member of the
public Madeleine Warner spoke in support of the requested
extension. Discussion was held. No action was taken on this
matter.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: The appointments
of members to Boards and Commissions was continued to the
meeting of November 14, 1995.
14-B: GUN CONTROL OPTIONS: The request of Councilmember Abdo,
Mayor Pro Tempore Greenberg, and Mayor Rosenstein to discuss
directing the City Attorney to research local gun-control
options and to return to Council with an ordinance banning the
sale of "Saturday Night Special" handguns, if a local ordinance
is possible, was continued to the meeting of November 14, 1995.
14-C: EVALUATION/BOARDS AND COMMISSIONS: The request of
Councilmember Ebner to discuss directing staff to evaluate the
purpose of and need for each Board and Commission was continued
to the meeting of November 14, 1995.
14-D: HOUSING LOAN POLICIES/MERL PROGRAM: The request of
Councilmember Greenberg to discuss whether present housing loan
policies are providing for the maximum number of affordable
housing units to low and moderate income households and
discussion of the MERL Program, its progress to date and the
length of time it is taking to process loans was continued to
the meeting of November 14, 1995.
15: PUBLIC INPUT: Member of the public Dan Ehrler expressed
appreciation to the Mayor for his presentation at a recent
meeting of Chamber members. Member of the public Madeleine
Warner thanked Council for their action with regard to the TIDE
shuttle. Member of the public Joseph Baruch expressed his
concerns on various issues.
9-A: CLOSED SESSION: At 11:00 p.m., Council adjourned to
Closed Session for conference with Legal Counsel:
Staff Report
Existing Litigation:
1. Santa Monica Housing Council, et al. v. City of Santa
Monica, LASC Case No. SS 5191.
2. Weissman v. City of Santa Monica, ASM 95-6-117 (claim)
Anticipated Litigation:
1. One case
Held. No action taken.
At 11:30 P.M., Council reconvened with all members present.
ADJOURNMENT: At 11:30 P.M., the meeting was adjourned to
November 14, 1995, at 6:30 P.M., in memory of Mansureh Jalili,
Nina Leibman, George Greenstein, and Israeli Prime Minister,
Yitzhak Rabin.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor