CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 9, 1996
A regular meeting of the Santa Monica City Council was called to
order by Mayor Rosenstein at 6:35 P.M., on Tuesday, January 9,
1996, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember Ruth Ebner
Councilmember Robert T. Holbrook
Absent: Mayor Pro Tempore Asha Greenberg
Councilmember Pamela O'Connor
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
INSPIRATION: Students from the John Adams Middle School Jazz
Band provided a moment of inspiration.
Councilmember Genser announced that there will be a blood
drive, the honorary co-chairs of which are Richard Bridges,
Santa Monica Fire Chief, and Jim Butts, Santa Monica Police
Chief, on the second anniversary of the earthquake, at Mt.
Olive Lutheran Church.
4-A: COMMENDATION/RODNEY CLOUDEN/ARTWORK/REDUCE, REUSE, AND
RECYCLE CAMPAIGN: The commendation to be presented to Rodney
Clouden for his artwork for a reusable canvas bag to promote
the City's "Reduce, Reuse, and Recycle" campaign was continued
to the meeting of January 23, 1996.
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 Jim Donaldson, discussed items on
the Consent Calendar.
Councilmember Holbrook moved to approve the Consent Calendar,
with the exception of Item Nos. 6-L and 6-N, 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 Ebner, Genser,
Holbrook, Abdo, Mayor Rosenstein
Absent: Councilmembers O'Connor, Mayor Pro
Tempore Greenberg
6-A: MINUTES APPROVAL: The City Council minutes of November
28, December 5, 12, and 13, 1995, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 8980(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: FEES FOR SERVICES/OFFICE OF CITY CLERK: Resolution No.
8981(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REVISING CURRENT FEES AND SETTING NEW FEES
FOR SERVICES PROVIDED BY THE OFFICE OF THE CITY CLERK;" and
Resolution No. 8982(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING FILING FEES
FOR A NOTICE OF REVOCATION OF DOMESTIC PARTNERSHIP AND AN
AMENDMENT TO AN AFFIDAVIT OF DOMESTIC PARTNERSHIP," were
adopted.
Staff Report
6-D: FINAL TRACT MAP NO. 51469/TPC-279/1125 PICO BOULEVARD:
Resolution No. 8983(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 51469 AT 1125 PICO
BOULEVARD," was adopted, thereby approving a 20-unit tenant-participating conversion project at 1125 Pico Boulevard.
Staff Report
6-E: RATES/CENTURY SOUTHWEST CABLE: Resolution No. 8979(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING A RATE ORDER REGARDING "SMARTBOX"
CONVERTER AND "UNIVERSAL" REMOTE CONTROL DEVICE RATES OF
CENTURY SOUTHWEST CABLE TELEVISION, INC." was adopted.
Staff Report
6-F: NEW CLASSIFICATIONS/SALARY RATES/COMMUNITY SERVICES:
Resolution No. 8984(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW
CLASSIFICATIONS AND ADOPTING SALARY RATES FOR COMMUNITY
SERVICES SPECIALIST IV, PRINCIPAL COMMUNITY SERVICES
SUPERVISOR, PRINCIPAL COMMUNITY SERVICES SUPERVISOR - SENIOR
SERVICES, PRINCIPAL COMMUNITY SERVICES SUPERVISOR - YOUTH AND
FAMILY SERVICES, COMMUNITY SERVICES PROGRAM SUPERVISOR,
COMMUNITY SERVICES PROGRAM SUPERVISOR - AQUATICS AND COMMUNITY
SPORTS PROGRAMS, COMMUNITY SERVICES PROGRAM SUPERVISOR -
COMMUNITY SPORTS PROGRAMS, COMMUNITY SERVICES PROGRAM
SUPERVISOR - EMPLOYMENT PROGRAMS, COMMUNITY SERVICES PROGRAM
SUPERVISOR - THERAPEUTIC RECREATION PROGRAMS, COMMUNITY
SERVICES PROGRAM SUPERVISOR - VOLUNTEER PROGRAMS, COMMUNITY
SERVICES PROGRAM SUPERVISOR - YOUTH AND FAMILY PROGRAMS,
COMMUNITY SERVICES SPECIALIST III - YOUTH FITNESS, COMMUNITY
SERVICES SPECIALIST II, COMMUNITY OUTREACH COORDINATOR,
COMMUNITY SERVICES SPECIALIST III, AND COMMUNITY SERVICES
SPECIALIST I," was adopted.
Staff Report
6-G: SOLID WASTE TRANSFER STATION SERVICES: Resolution No.
8985(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA WAIVING THE REQUIREMENT FOR COMPETITIVE
BIDDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH SOUTHERN CALIFORNIA DISPOSAL COMPANY FOR AS-NEEDED SOLID WASTE TRANSFER STATION SERVICES," was adopted.
Staff Report
6-H: AWARD OF CONTRACT/PAUL GARDNER CORPORATION/PICO
NEIGHBORHOOD STREETLIGHTING CONVERSION: Contract No. 7176(CCS)
was approved with Paul Gardner Corporation in the amount of
$60,627 for the Pico Neighborhood Streetlighting Conversion.
Staff Report
6-I: AWARD OF BID/MAURICE J. SOPP & SON/CNG POWERED TRUCK:
Bid No. 2552 was awarded to Maurice J. Sopp & Son in the amount
of $60,408.75 to furnish and deliver one 25,950-lb. CNG powered
truck for the Parks and Sports Division, Community and Cultural
Services Department.
Staff Report
6-J: AWARD OF BID/DOWNEY AUTO CENTER/TWO CNG POWERED FORD
CROWN VICTORIA VEHICLES: Bid No. 2553 was awarded to Downey
Auto Center in the amount of $48,029.85 to furnish and deliver
two CNG powered Ford Crown Victoria vehicles for the Water
Division, Environmental and Public Works Management Department.
Staff Report
6-K: AWARD OF BID/SANTA MONICA FORD/ONE FOUR-DOOR 4 X 4 TRUCK:
Bid No. 2554 was awarded to Santa Monica Ford in the amount of
$28,523.88 to furnish and deliver one four-door 4 X 4 truck for
the Office of Administrative Services, Police Department.
Staff Report
6-M: CONTRACT/ARTHUR D. LITTLE/ENVIRONMENTAL ASSESSMENT
ANALYSIS/1930 STEWART STREET (MOUNTAIN VIEW MOBILE INN):
Contract No. 7180(CCS) was approved with Arthur D. Little in
the amount of $202,830 for environmental assessment analysis at
1930 Stewart Street (Mountain View Mobile Inn).
Staff Report
6-O: CONTRACT EXTENSION/DIVERSIFIED PARATRANSIT/TIDE SHUTTLE
SERVICES: Contract No. 7182(CCS) was approved with Diversified
Paratransit, Inc. in an amount not to exceed $140,000 to
provide Tide shuttle services from January 1, 1996 to June 30,
1996; and appropriation in the amount of $75,000 in order to
fund the service extension was approved.
Staff Report
6-P: SANTA MONICA POLICE ASSOCIATION/MEMORANDUM OF
UNDERSTANDING: Resolution No. 8986(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY OF SANTA MONICA TO IMPLEMENT THE
PROVISIONS OF SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE,"
was adopted.
Staff Report
END OF CONSENT CALENDAR
6-L: LEASE AGREEMENTS/RENAN PRODUCTIONS/BERLIN AVIONICS/ ANGEL
FLIGHT/OFFICE/HANGAR SPACE/SANTA MONICA AIRPORT: Council asked
questions of staff. Councilmember Genser moved to continue
this item to give an opportunity for this to be placed on the
Airport Commission agenda so that the public is notified and so
that the Commission can make a recommendation to Council should
they so desire, and then return the item to Council. Second by
Councilmember Abdo. Council asked questions of staff.
Discussion was held. The motion failed by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo,
Holbrook, Genser
Negative: Councilmember Ebner, Mayor
Rosenstein
Absent: Councilmember O'Connor, Mayor Pro
Tempore Greenberg
Mayor Rosenstein moved to authorize the City Manager to
negotiate and execute leases with Renan Productions, Inc.,
Berlin Avionics and Angel Flight for space in the Specialty
Hangar and Airport Administration Buildings at Santa Monica
Airport. Second by Councilmember Ebner. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Holbrook, Mayor Rosenstein
Negative: Councilmember Genser
Absent: Councilmember O'Connor, Mayor Pro
Tempore Greenberg
By virtue of the above motion, Contract Nos. 7177(CCS),
7178(CCS), and 7179(CCS) were approved.
Councilmember Genser requested that the record reflect that his
vote against the above item is in no way indicative of any
concern about the particular lessees, but it is rather that he
believes that the public process was short-circuited in the
procedure by which this issue reached the Council.
6-N: RESTORATION/THE SOVEREIGN: Discussion was held.
Councilmember Holbrook moved to approve Contract No. 7181(CCS).
Second by Mayor Rosenstein. The motion was approved by the
following vote:
Staff Report
Council vote:Affirmative: Councilmembers Abdo, Ebner,
Holbrook, Mayor Rosenstein
Negative: Councilmember Genser
Absent: Councilmember O'Connor, Mayor Pro
Tempore Greenberg
By virtue of the above action, Council found that the
restoration of the 86 units at 205 Washington Avenue (The
Sovereign) is categorically excluded under NEPA and exempt from
the provisions of CEQA; gave final approval to the Multi-Family
Earthquake Repair Loan (MERL) loan request of $3,275,000 to the
Sovereign Restoration Partners Ltd; and, authorized the City
Manager to negotiate and execute final loan documents.
8-A: TEMPORARY RELOCATION PAYMENTS/TENANTS DISPLACED AS A
RESULT OF OWNER COMPLIANCE WITH RETROFITTING REQUIREMENTS:
Presented was an ordinance for introduction and first reading
amending Santa Monica Municipal Code Section 4.36.120 regarding
temporary relocation payments to tenants displaced as a result
of owner compliance with retrofitting requirements, as per
Ordinance No. 1748(CCS). Mayor Rosenstein declared the public
hearing open. Member of the public Joy Fullmer expressed her
concerns. Mayor Rosenstein closed the public hearing.
Staff Report
Councilmember Abdo moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4.36.120
REGARDING TEMPORARY RELOCATION PAYMENTS," reading by title only
and waiving further reading thereof. Second by Mayor
Rosenstein. Councilmember Holbrook excused himself at 7:20
p.m. from deliberations on this item due to a possible conflict
of interest. Discussion ensued regarding limiting the amount
of difference in rent paid by the owner to the tenant where the
tenant's new rent is comparable and not exorbitant. The
motion failed by the following vote:
Council vote: Affirmative: Councilmember Genser, Mayor
Rosenstein
Negative: Councilmembers Ebner, Abdo
Absent: Councilmembers Holbrook, O'Connor,
Mayor Pro Tempore Greenberg
Discussion was held. Councilmember Genser moved to continue
this item to a later time during this meeting for the City
Attorney to suggest appropriate alternative language. Second
by Councilmember Ebner. The motion was unanimously approved.
Councilmember Holbrook returned at 7:30 p.m.
10-A: BAYSIDE DISTRICT SPECIFIC PLAN: Presented was the staff
report recommending adoption of a resolution certifying the
final Environmental Impact Report on the Bayside District
Specific Plan and alternative roadway configurations; adoption
of a resolution making findings and adopting a Statement of
Overriding Consideration; adoption of a resolution adopting the
Bayside District Specific Plan; introduction for first reading
of an ordinance amending the Official Districting Map to create
the Bayside Commercial District; introduction for first reading
of an ordinance amending Section IX of the Santa Monica
Municipal Code to establish standards for the Bayside
Commercial District and amend the Section of the Sign Code
related to the Bayside District Specific Plan Area;
authorization for the City Manager to negotiate and execute a
contract with Roma Design Group in an amount not to exceed
$245,000 to prepare the Downtown Urban Design Plan and taking
necessary budget actions outlined in the report; appropriation
of $130,000 for the preparation of the Downtown Streetscape
Plan, and selection of three Councilmembers for the Downtown
Urban Design Plan Advisory Committee.
Staff Report
Council asked questions of staff. Mayor Rosenstein declared
the public hearing open. Members of the public Ron Cano and
Dennis Zane spoke in general support of updating the Bayside
District Specific Plan and made suggestions for amendments.
Members of the public Gary Mader and Janet Morris spoke in
support of an amendment to the proposed ordinance so as to
allow a micro brewery/restaurant use in the 1200 block of the
Promenade. Member of the public John Bohn spoke in opposition
to the opening of additional alcohol outlets in the area.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Faiz Rasul spoke in support of the
proposed update of the Bayside District Specific Plan. Member
of the public Marc Sasson spoke in support of the alternate
plan to keep the exemption as it exists in a temporary
ordinance if an amendment to the proposed ordinance is not
approved.
At 9:00 P.M., Council adjourned for a short recess. At 9:30
P.M., Council reconvened with all members present except
Councilmember O'Connor and Mayor Pro Tempore Greenberg.
10-A: BAYSIDE DISTRICT SPECIFIC PLAN (Continued): Members of
the public Mounir Boctor, Bob Resnik, and Tom Price spoke in
support of an amendment to the proposed ordinance to allow a
Type 23 alcohol license use in the 1200 block of the Promenade.
Members of the public Laurel Roennau, Marcia Carter, Sylvia
Shniad, R. Wright, Susan Henderson, Judy Silverman, Karl
Schober, and Tom Francis expressed various concerns regarding
the proposed specific plan. Mayor Rosenstein closed the public
hearing. Council asked questions of staff. Discussion was
held. The remainder of this item was continued to the meeting
of January 23, 1996, at which time staff will return with
information addressing questions and concerns raised at the
meeting this evening.
Staff Report
Councilmember Abdo moved to extend the meeting past 11:00 P.M.
Second by Mayor Rosenstein. The motion was unanimously
approved, Councilmember O'Connor and Mayor Pro Tempore
Greenberg absent.
8-A: TEMPORARY RELOCATION PAYMENTS/TENANTS DISPLACED AS A
RESULT OF OWNER COMPLIANCE WITH RETROFITTING REQUIREMENTS
(RESUMED AT 11:02 P.M.): Councilmember Holbrook excused himself
from deliberations on this item due to a possible conflict of
interest. Councilmember Abdo moved to reconsider the previous
vote on this item. The motion was duly seconded and
unanimously approved, Councilmembers Holbrook and O'Connor and
Mayor Pro Tempore Greenberg absent.
Staff Report
Councilmember Abdo moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4.36.120
REGARDING TEMPORARY RELOCATION PAYMENTS," amending Section
4.36.110(d) to read: "...However, in the event of such
displacement, a landlord shall be responsible to pay the
displaced tenant the difference between reasonable rent
actually paid for comparable temporary accommodations and the
rent which would have been payable to the landlord had the
displacement not occurred for any period of displacement which
exceeds the following limits...", reading by title only and
waiving further reading thereof. Second by Councilmember
Genser. Council asked questions of staff. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser,
Ebner, Abdo, Mayor
Rosenstein
Absent: Councilmembers Holbrook, O'Connor,
Mayor Pro Tempore Greenberg
Councilmember Holbrook returned at 11:06 p.m.
10-B: CONSTRUCTION OF STREETLIGHTING: The public hearing to
determine the convenience and necessity of constructing
streetlighting on various streets; acceptance of withdrawal of
request for street light installation on Chelsea Avenue and
23rd Street; approval of replacement of streetlighting on San
Vicente Boulevard; and adoption of a resolution finding that
the public convenience and necessity requires the construction
and replacement, and ordering the work to begin was continued
to the meeting of January 23, 1996.
Staff Report
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Rosenstein
announced that the floor would consider nominations to the Pier
Restoration Corporation. Councilmember Abdo moved to reappoint
Donald Girard, Nancy Greenstein, and Natividad Jose Vazquez to
the Pier Restoration Corporation for full terms ending November
11, 1998. Second by Councilmember Genser. The motion was
approved, Councilmember Ebner opposed, Councilmember O'Connor
and Mayor Pro Tempore Greenberg absent. Discussion was held.
Councilmember Ebner was excused at 11:14 P.M.
Councilmember Holbrook nominated John Gross. Discussion was
held. Councilmember Genser moved to continue the remaining two
appointments to the Pier Restoration Corporation to the
meeting of January 23, 1996. Second by Councilmember Abdo.
Discussion was held. The motion was unanimously approved,
Councilmembers Ebner, O'Connor and Mayor Pro Tempore Greenberg
absent.
Mayor Rosenstein moved to continue the appointments to the
Housing Commission and Personnel Board to the meeting of
January 23, 1996. Second by Councilmember Abdo. The motion
was unanimously approved, Councilmembers Ebner and O'Connor,
and Mayor Pro Tempore Greenberg absent.
Councilmember Ebner returned at 11:19 p.m.
14-B: ENTRY/1997 TOURNAMENT OF ROSES PARADE: Presented was
the request of Councilmember Holbrook to direct staff to place
an entry in the 1997 Tournament of Roses Parade for a City of
Santa Monica float. Council asked questions of Councilmember
Holbrook. Discussion was held regarding funding for the cost
of the float. It was the consensus of Council to explore the
possibility of community and business funding. Councilmember
Holbrook moved to submit an application to put a City-sponsored
float in the Rose Parade. Second by Councilmember Ebner. The
motion was unanimously approved, Councilmember O'Connor and
Mayor Pro Tempore Greenberg absent.
14-C: SUPPORT/MEDICARE/MEDICAID: Presented was the request of
Mayor Rosenstein and Councilmembers Genser and Holbrook to
discuss and adopt a resolution supporting Medicare and Medicaid
as part of the federal budget reconciliation process and direct
staff to communicate Santa Monica's position to the President
and to Congress. Member of the public Daniel Cohen spoke in
support of the proposed resolution.
Mayor Rosenstein moved to adopt Resolution No. 8987(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA URGING CONGRESS TO POSTPONE ACTION ON CUTS OR
CHANGES IN MEDICARE AND MEDICAID UNTIL A CAREFULLY DEVELOPED
PLAN IS IN PLACE," reading by title only and waiving further
reading thereof. Second by Councilmember Ebner. The motion
was unanimously approved, Councilmember O'Connor and Mayor Pro
Tempore Greenberg absent.
15: PUBLIC INPUT: Member of the public Matthew Rodman urged
Council to support the proposed streetlight assessment
district.
9-A: CLOSED SESSION: At 11:30 P.M., Council adjourned to
Closed Session for the purpose of conference with legal
counsel:
Existing litigation:
1. Baloch v. City of Santa Monica, Case No. SC 015 020,
consolidated with SC 034 025;
2. McNally v. City of Santa Monica, Case No. CV 95-8634 IH;
3. Simon v. City of Santa Monica, Case No. SC 032 727; and
One case of anticipated litigation.
At 12:40 A.M., Council reconvened with all members present
except Councilmember O'Connor and Mayor Pro Tempore Greenberg.
Mayor Rosenstein moved to approve settlement in the case of
Baloch v. City of Santa Monica in the amount of $135,000.
Second by Councilmember Ebner. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner,
Genser, Mayor Rosenstein
Negative: Councilmember Holbrook
Absent: Councilmember O'Connor, Mayor Pro
Tempore Greenberg
ADJOURNMENT: At 12:47 A.M., the meeting was adjourned in
memory of France's former President Francois Mitterand and in
memory of Santa Monica resident, business owner, former
commissioner and activist, Lincoln Carl Vaughn.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor