CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 14, 1995
A regular meeting of the Santa Monica City Council was called to
order by Mayor Rosenstein at 6:35 P.M., on Tuesday, November 14,
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
7:05 p.m.)
Councilmember Pamela O'Connor
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember Ebner led the assemblage in the Pledge of Alle-
giance to the Flag of the United States of America.
4-A: PROCLAMATION/SHARE THE HOLIDAYS: Mayor Rosenstein
presented a proclamation declaring December 9, 1995, as "Share
the Holidays" Day in the City of Santa Monica.
SS-1: STUDY SESSION/ENERGY ISSUES: Presented was a study
session imparting information and discussion regarding various
energy issues. Councilmember Holbrook arrived at 7:05 p.m.
Council asked questions of staff.
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, Jule Lamm, Mary Rose, Donna Westbrook,
Virginia Ernst, and Jim Donaldson discussed items on the
Consent Calendar. Councilmember Genser moved to hear a late
speaker. Second by Councilmember Ebner. The motion was
unanimously approved. Member of the public Michel Gelinas
addressed items on the Consent Calendar. Councilmember Genser
requested Item 6-H be pulled off the Consent Calendar. Mayor
Rosenstein requested that Item 6-G be pulled off the Consent
Calendar.
Mayor Pro Tempore Greenberg moved to approve the Consent
Calendar, with the exception of Item Nos. 6-G and 6-H, 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: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 8953(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-B: FINAL SUBDIVISION MAP/TRACT NO. 51399/TPC-302/1118 FIFTH
STREET: Resolution No. 8954(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51399 AT 1118
FIFTH STREET," was adopted thereby approving a 10-unit tenant-participating conversion project at 1118 Fifth Street.
Staff Report
6-C: FINAL SUBDIVISION MAP/TRACT NO. 51813/TPC-307/817 18TH
STREET: Resolution No. 8955(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51813 AT 817
18TH STREET," was adopted thereby approving a 7-unit tenant-participating conversion project at 817 18th Street.
Staff Report
6-D: FINAL SUBDIVISION MAP/PARCEL NO. 24062/TPC-318/705-709
RAYMOND AVENUE: Resolution No. 8956(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO.
24062 AT 705-709 RAYMOND AVENUE," was adopted thereby approving
a 3-unit tenant-participating conversion project at 705-709
Raymond.
Staff Report
6-E: USED OIL RECYCLING/HOUSEHOLD HAZARDOUS WASTE/GRANT
APPLICATIONS: Resolution No. 8957(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
GIVING AUTHORIZATION FOR THE SUBMITTAL OF OIL RECYCLING GRANT
APPLICATIONS TO THE CALIFORNIA WASTE MANAGEMENT BOARD," was
adopted.
Staff Report
6-F: SUPPORT/PLAN TO REDUCE SMOKING AMONG CHILDREN/REGULATION
OF TOBACCO PRODUCTS: Resolution No. 8958(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN
SUPPORT OF THE PLAN TO REDUCE SMOKING AMONG CHILDREN THROUGH
REGULATION OF TOBACCO PRODUCTS," was adopted.
Staff Report
6-I: LOAN AND LICENSE AGREEMENT/SANTA MONICA POLICE OFFICERS
ASSOCIATION: Contract No. 7173(CCS) was approved thereby
approving a loan and license agreement with the Santa Monica
Police Officers Association in an amount not to exceed $50,000
to assist with the purchase of equipment and furnishings for
the Police Officers Association space in the proposed Public
Safety facility.
Staff Report
END OF CONSENT CALENDAR
6-G: PETITIONS/STREETLIGHTS: Discussion was held regarding
the different options in terms of price and aesthetics that are
available to resident groups that petition for new lighting and
are assessed for the installation. There was also discussion
as to whether there should be options available, or for
aesthetical purposes a different process be used. It was the
consensus of Council not to address this matter presently, but
at a future date when staff returns with additional
information.
Staff Report
Mayor Pro Tempore Greenberg moved to accept the streetlight
petitions for the installation of streetlights on various
streets, approve the replacement of deteriorated streetlights
on San Vicente Boulevard from Ocean Avenue to 4th Street, and
to adopt Resolution No. 8963(CCS) entitled: "A RESOLUTION OF
INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING A PUBLIC HEARING ON JANUARY 9, 1996 FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND DECLARING ITS
INTENTION TO CONSTRUCT STREETLIGHTING, REPLACE DETERIORATED
STREETLIGHTS AND APPURTENANT WORK ON VARIOUS CITY STREETS AS
SHOWN ON CITY DRAWING NO. 10061 WITHIN THE CITY OF SANTA
MONICA," 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 Genser, Greenberg,
Holbrook, Ebner, O'Connor, Abdo,
Mayor Rosenstein
Negative: None
6-H: AWARD OF CONSTRUCTION CONTRACT/MISCELLANEOUS REPAIRS/
MAINTENANCE IMPROVEMENTS/SANTA MONICA MUNICIPAL AIRPORT:
Council asked questions of staff. Discussion was held.
Councilmember Genser moved to continue this item to the last
meeting in December in order to analyze concerns raised by
members of the public. Second by Councilmember O'Connor.
Discussion was held. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Genser, O'Connor
Negative: Councilmembers Greenberg, Holbrook,
Ebner, Abdo, Mayor Rosenstein
Councilmember Ebner moved to approve Contract No. 7172(CCS)
with Griffith Company in the amount of $1,189,753 for
miscellaneous repairs and maintenance improvements at the Santa
Monica Municipal Airport to be funded with a Federal Aviation
Administration grant and authorize the City Engineer to issue
any necessary change orders to complete additional work in
conformance with the Administrative Instructions on change
orders. 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
Negative: None
7-A: APPEAL/GENERAL PLAN AMENDMENT 95-001/ZONE CHANGE 95-001/TEXT AMENDMENT 95-006/TEXT AMENDMENT TO RVC SECTION OF
MUNICIPAL CODE: Presented was the appeal of Planning
Commission's denial of General Plan Amendment 95-001 and
proposed text amendment to the RVC Section of the Santa Monica
Municipal Code. To be considered with Item No. 8-A.
Staff Report
8-A: PERMITTED USES/NW OVERLAY DISTRICT/TERMINATION OF
NONCONFORMING BUILDINGS AND USES: Presented was an ordinance
for introduction and first reading amending Santa Monica
Municipal Code Section 9.04.08.56.020 regarding permitted uses
in the NW overlay district, and amending Section 9.04.18.040
regarding termination of nonconforming buildings and uses.
Staff Report
Councilmember Ebner was excused at 9:25 p.m.
Council asked questions of staff. Chris Harding, representing
the applicant/appellant, spoke in support of the staff
recommendation to deny the appeal and adopt the ordinance.
Mayor Rosenstein declared the public hearing open. Member of
the public Joy Fullmer expressed her concerns. Mayor
Rosenstein closed the public hearing.
Mayor Pro Tempore Greenberg moved to affirm the Planning
Commission's denial of the amendment of the General Plan
amendment from High Density Residential to Oceanfront, Zone
Change from R3NW to RVC and the proposed text amendment to the
RVC section of the Code and introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTION
9.04.08.56.020 REGARDING PERMITTED USES IN THE NW OVERLAY
DISTRICT, AND AMENDING SECTION 9.04.18.040 REGARDING
TERMINATION OF NONCONFORMING BUILDINGS AND USES," 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
8-B: INCREASE NUMBER OF MEMBERS/SOCIAL SERVICES COMMISSION:
Presented was an ordinance for second reading and adoption
amending Santa Monica Municipal Code Section 2.60.020 to
increase the number of members on the Social Services
Commission from seven to nine.
Staff Report
Councilmember Genser moved to adopt Ordinance No. 1829(CCS)
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 OF THE SOCIAL
SERVICES COMMISSION FROM SEVEN TO NINE," 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,
Genser, Mayor Rosenstein
Negative: Councilmembers Holbrook, Greenberg
Absent: Councilmember Ebner
8-C: FIRST AMENDMENT/RESTATEMENT/DEVELOPMENT AGREEMENT 89-001:
Presented was an ordinance for second reading and adoption
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.
Staff Report
Councilmember Ebner returned at 9:31 p.m.
Councilmember Abdo moved to adopt Ordinance No. 1830(CCS)
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," 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 Greenberg,
Holbrook, Ebner, O'Connor, Abdo,
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.
8-D: AMENDMENT/ZONING ORDINANCE/GENERAL REQUIREMENTS: 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 28,
1995.
8-E: PROHIBITION OF HOME OCCUPATION PERMITS/BUSINESS LICENSES/
SALE, TRANSFER, OR LEASE OF FIREARMS OR MUNITIONS/RESIDENTIAL
DISTRICT: Presented was an ordinance for introduction and
first reading prohibiting home occupation permits and business
licenses for the sale, transfer, or lease of firearms or
munitions in any residential district, providing for the
revocation of existing permits, and establishing a Conditional
Use Permit and Police Permit system. Mayor Rosenstein declared
the public hearing open. Member of the public Joy Fullmer
expressed her concerns. Member of the public Betty Mueller
spoke in support of the proposed ordinance. 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 PROHIBITING HOME OCCUPATION
PERMITS AND BUSINESS LICENSES FOR THE SALE, TRANSFER, OR LEASE
OF FIREARMS OR MUNITIONS IN ANY RESIDENTIAL DISTRICT, PROVIDING
FOR THE REVOCATION OF EXISTING PERMITS, AND ESTABLISHING A
CONDITIONAL USE AND POLICE PERMIT SYSTEM," 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,
Ebner, Holbrook, Greenberg,
Genser, Mayor Rosenstein
Negative: None
8-F: AMENDMENT TO CONTRACT/PERS: Presented was an ordinance
for introduction and first reading authorizing an amendment to
the Contract between the City of Santa Monica and the Board of
Administration of the California Public Employees' Retirement
System to provide Section 21382.4 Third Level of 1959 Survivor
Benefits pursuant to Article 6 (Commencing with Section 21380)
for Local Police Members only. Council asked questions of
staff.
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 AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM," reading by title only and
waiving further reading thereof. Second by Councilmember
Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Ebner, Holbrook, Greenberg,
Genser, Mayor Rosenstein
Negative: None
9-A: MAIN STREET STREETSCAPE IMPROVEMENT PROJECT:
Councilmember Genser excused himself at 9:44 p.m. from
deliberations on this item due to a potential conflict of
interest. 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. Council asked questions of staff.
Councilmember Abdo moved to 1) approve, in concept, the plans
for the Main Street Streetscape Improvement Project; 2)
approve, in concept, the capital financing approach for the
capital improvements; 3) approve, in concept, the plan for the
establishment of a new Main Street Improvement Assessment
District and a new Main Street Parking and Business Improvement
Area; 4) direct staff to prepare a Resolution of Intention to
establish a Main Street Streetscape Improvement Assessment
District, together with all necessary documents and public
notices required for such a Resolution; 5) direct staff to
prepare a Resolution of Intention to Establish a New Main
Street Parking and Business Improvement Area, which shall
replace the existing Main Street Parking and Business
Improvement Area; and, 6) direct staff to prepare a study of
parking conditions in the Main Street district. Second by
Councilmember Ebner. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, O'Connor,
Ebner, Holbrook, Greenberg, Mayor
Rosenstein
Absent: Councilmember Genser
Mayor Pro Tempore Greenberg excused herself from the meeting at
10:10 p.m.
At 10:10 p.m., Council adjourned for a short recess. At 10:32
p.m., Council reconvened with all members present except Mayor
Pro Tempore Greenberg.
9-B: CLOSED SESSION: Held at end of meeting.
12-A: SPECIAL MUNICIPAL ELECTION/MARCH 26, 1996: Presented
were resolutions calling a Special Municipal Election on March
26, 1996; requesting consolidation of the election with Los
Angeles County; requesting election services from Los Angeles
County; authorizing certain Councilmembers to file written
arguments on the measures; and submitting to the voters two
ballot measures: 1) Proposal to add Section 1908 to the City
Charter to renew the City Services override, and 2) Proposal to
add Section 2015C to the City Charter to renew the Gann
override for the Tenant Ownership Rights Charter Amendment
(TORCA). Council asked questions of staff.
Staff Report
Councilmember Genser moved to adopt Resolution No. 8959(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF
THE CITY OF SANTA MONICA TO BE HELD ON MARCH 26, 1995, WITH THE
STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD ON SAID DATE
PURSUANT TO ELECTIONS CODE SECTION 1201;" adopt Resolution No.
8960(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY
OF SANTA MONICA RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996;" adopt
Resolution No. 8961(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS
TWO BALLOT MEASURES AT THE SPECIAL MUNICIPAL ELECTION TO BE
HELD ON MARCH 26, 1996;" and adopt Resolution No. 8962(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA CALLING FOR A GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26,
1996," 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, Genser, Mayor
Rosenstein
Absent: Mayor Pro Tempore Greenberg
The resolution designating Councilmembers to write arguments
will return to Council at its meeting of November 28, 1995.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Rosenstein
announced that the floor would consider nominations to the
Recreation & Parks Commission. Councilmember Genser nominated
Susan Henderson. Councilmember Holbrook nominated Tom
Mortensen. Councilmember Abdo nominated Amy Hsieh. There
being no further nominations, nominations were closed.
Discussion was held. On a call for the vote, no one candidate
received the required four votes. Mayor Rosenstein announced
that the floor would consider nominations to the Recreation &
Parks Commission. Councilmember Abdo nominated Amy Hsieh.
Councilmember Holbrook nominated Tom Mortensen. There being no
further nominations, nominations were closed. Discussion was
held. On a call for the vote, no one candidate received the
required four votes.
Councilmember Abdo moved to continue this appointment to the
meeting of November 28, 1995. Second by Councilmember Ebner.
The motion was unanimously approved, Mayor Pro Tempore
Greenberg absent.
Mayor Rosenstein announced that the floor would consider
nominations to the Bayside District Corporation for a term to
expire June 30, 1996. Mayor Rosenstein nominated West Hooker.
Councilmember Genser nominated Patricia Hoffman. Councilmember
Ebner nominated Cynthia Holbrook. There being no further
nominations, nominations were closed. Discussion was held.
Councilmember Abdo moved to extend the meeting past 11:00 p.m.
The motion was duly seconded and unanimously approved, Mayor
Pro Tempore Greenberg absent.
Discussion continued on the Bayside District Corporation
appointment. On a call for the vote, no one candidate received
the required four votes.
Mayor Rosenstein announced that the floor would consider
nominations to the Bayside District Corporation for a term to
expire June 30, 1998. Mayor Rosenstein nominated Joe
McLafferty. Councilmember Genser nominated Patricia Hoffman.
Councilmember Ebner nominated Cynthia Holbrook. Discussion was
held. On a call for the vote, no one candidate received the
required four votes.
Mayor Rosenstein announced that the floor would consider
nominations to the Bayside District Corporation. Councilmember
Genser moved to appoint Patricia Hoffman for the term ending
June 30, 1996 and Cynthia Holbrook for the term ending June 30,
1998. The motion was duly seconded and failed by the following
vote:
Council vote: Affirmative: Councilmembers Genser, O'Connor
Negative: Councilmembers Ebner, Abdo, Mayor
Rosenstein
Abstain: Councilmember Holbrook
Absent: Councilmember Greenberg
Appointments to the Bayside District Corporation were continued
to the meeting of November 28, 1995.
Mayor Rosenstein announced that the floor would consider
nominations to the Social Services Commission. Mayor
Rosenstein nominated Samoan Barish. Councilmember Holbrook
moved to appoint Samoan Barish by acclamation to the Social
Services Commission for a term ending June 30, 1997. The
motion was duly seconded and unanimously approved, Mayor Pro
Tempore Greenberg absent.
14-B: GUN CONTROL OPTIONS: Presented was 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. Councilmember Abdo
moved to ask the City Attorney to write an ordinance banning
the sale of "Saturday Night Special" handguns in the City of
Santa Monica and investigate what should be in such an
ordinance in order to ensure that it is as effective as
possible. Second by Councilmember Ebner. Discussion was held.
Mayor Rosenstein moved to amend the motion to authorize the
City Attorney to contact other cities and agencies for any
insights they may be able to provide. The motion was accepted
as friendly. The motion was unanimously approved, Mayor Pro
Tempore Greenberg absent.
14-C: EVALUATION/BOARDS AND COMMISSIONS: Presented was the
request of Councilmember Ebner to discuss directing staff to
evaluate the purpose of and need for each Board and Commission.
Councilmember Ebner advised of her concern relative to the
charges to boards and commissions and their effectiveness. She
further advised of her concern regarding a letter sent on City
letterhead by a commission member without City Council
direction or approval. Mr. Jan Ludwinski, resident, spoke in
support of Councilmember Ebner's recommendation and expressed
concern regarding the incident of a commission participating in
partisan activities. Discussion was held.
Councilmember Genser moved to direct staff to investigate the
two incidents discussed, relative to a commission member
communicating an opinion on City letterhead without Council
direction, and a commission's participation in partisan
activities, directed staff to clarify the status of any
existing policy relating to board/commission communications
with Council direction, and to make any appropriate
recommendations for changes to such a policy. Second by Mayor
Rosenstein. Discussion was held. The motion was approved with
Councilmember Ebner opposing and with Mayor Pro Tempore
Greenberg absent.
Councilmember Ebner requested that the record reflect that she
voted against on the above motion as it appears that she is the
only Councilmember concerned with what the functions and
activities of the commissions are, and because she believes
that waiting to take action until an issue arises is too late
and does not serve the City well.
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 28, 1995.
14-E: CITY OF MALIBU/DRAFT HOUSING ELEMENT: Presented was the
request of Mayor Rosenstein to discuss directing staff to
communicate to the City of Malibu that its Draft Housing
Element should be amended to accept its responsibilities to
assist homeless people and end its policy of relying on Santa
Monica to provide these services. Member of the public
Jennafer Waggoner spoke in support of the communication with
the City of Malibu and in support of including homeless people
in commissions, etc. for participation in the process.
Mayor Rosenstein moved to direct staff to communicate, in the
strongest language, the City of Santa Monica's concerns to the
City of Malibu in accepting its responsibilities to assist
homeless people and ending its policy of relying on Santa
Monica to provide these services. Second by Councilmember
Abdo. Discussion was held.
Mayor Rosenstein moved to amend his motion to direct staff to
return with any information that would be of interest to
Council about whether the draft policy goes forward and whether
it will be necessary for the City of Santa Monica to take
further action to express concerns. The motion was accepted as
friendly by the seconder. Councilmember Ebner excused herself
from the meeting at 11:55 p.m. The motion was unanimously
approved, Councilmember Ebner and Mayor Pro Tempore Greenberg
absent.
15: PUBLIC INPUT: There were no members of the public wishing
to address Council.
Prior to adjourning to Closed Session, Council will take action
on Item No. 3. Mayor Rosenstein excused himself from
deliberation on this item due to a possible conflict of
interest and Councilmember Abdo assumed the chair.
Councilmember Holbrook moved to approve settlement in the
amount of $200,000 in the case of Weissman v. City of Santa
Monica, ASM 95-6-117 (Claim). Second by Councilmember
O'Connor. The motion was unanimously approved, Mayor Pro Tem
Greenberg, Councilmember Ebner, and Mayor Rosenstein absent.
9-B: CLOSED SESSION: At 12:00 Midnight, Council adjourned to
Closed Session for conference with Legal Counsel:
Existing Litigation:
1. Santa Monica Housing Council, et al. v. City of Santa
Monica, LASC Case No. SS 5191.
2. Santa Monica Housing Council, et al. v. Superior Court,
USCA B074862 (LASC SC 16169).
Anticipated Litigation: One case.
Litigation continued to the meeting of November 28, 1995.
At 12:30 a.m., Council reconvened with all members present
except Councilmember Ebner and Mayor Pro Tempore Greenberg.
ADJOURNMENT: At 12:30 a.m., the meeting was adjourned to
November 28, 1995, at 6:30 p.m., in memory of former Mayor
Herbert Spurgin.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor