CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 13, 1996
A regular meeting of the Santa Monica City Council was called to
order by Mayor Rosenstein at 6:35 p.m., on Tuesday, February 13,
1996, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Councilmember Judy Abdo
Councilmember Ken Genser
Mayor Pro Tempore Asha Greenberg
Councilmember Ruth Ebner
Councilmember Pamela O'Connor
Councilmember Robert T. Holbrook
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: A moment of inspiration was provided by Santa
Monica High School cast members of "A Raisin in the Sun."
6. CONSENT CALENDAR: The Consent Calendar was presented,
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 requested that Item No. 6-G be removed
from the Consent Calendar.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Abdo, to approve the Consent Calendar, with the exception of
Item No. 6-G, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner,
O'Connor, Abdo, Mayor Pro Tem Greenberg, Mayor
Rosenstein
Noes: None
Absent: None
6-A: MINUTES APPROVAL: The City Council minutes of January 23
and 30, 1996, were approved as submitted.
6-B: TIME PERIOD RESTRICTION ON CERTAIN ACTIVITIES OF FORMER
CITY OFFICIALS: Ordinance No. 1838 (CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.08.040 REGARDING
RESTRICTIONS ON ACTIVITIES OF FORMER CITY OFFICIALS," was
adopted on second reading.
Staff Report
6-C: MODIFICATION OF DENSITY STANDARD/R2B ZONING DISTRICT:
Ordinance No. 1839 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9.04.08.62.060 TO MODIFY THE DENSITY
STANDARD IN THE R2B ZONING DISTRICT," was adopted on second
reading.
Staff Report
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 8996 (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-E: AUTHORIZATION FOR CITY MANAGER TO ACT ON BEHALF OF CITY/
FEDERALLY FUNDED HIGHWAY PROGRAMS/INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT OF 1991: Resolution No. 8997
(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF
OF THE CITY OF SANTA MONICA ON ALL MATTERS ASSOCIATED WITH THE
ADMINISTRATION AND IMPLEMENTATION OF THE VARIOUS FEDERALLY
FUNDED HIGHWAY PROGRAMS OF THE INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT OF 1991," was adopted.
Staff Report
6-F: AWARD OF CONTRACT/STEINY AND COMPANY/TRAFFIC SIGNAL
MODIFICATIONS: Contract No. 7186 (CCS) was awarded to Steiny
and Company, Inc. in the amount of $165,061 for traffic signal
modifications at the intersections of 4th Street and Broadway,
and 4th Street and Pico Boulevard.
Staff Report
6-H: REQUEST THAT COUNTY OF LOS ANGELES DESIGNATE PACIFIC
COAST REGIONAL SMALL BUSINESS DEVELOPMENT CORPORATION AS
AUTHORIZED LENDER/SMALL BUSINESS LOANS: The City Manager was
authorized to request that the County of Los Angeles designate
Pacific Coast Regional Small Business Development Corporation
as an authorized lender to make small business loans in Santa
Monica, as required under the provision of the Economic
Development Administration (EDA) grant.
Staff Report
6-I: APPOINTMENT OF BILL SELBY/TASK FORCE ON THE ENVIRONMENT:
The City Manager was authorized to appoint Bill Selby to the
City's Task Force on the Environment.
Staff Report
6-J: ALTERNATE ROUTE/PIER RESTORATION CORPORATION MARDI GRAS
CELEBRATION PARADE: An alternate route was approved for the
Pier Restoration Corporation's Mardi Gras Celebration parade
scheduled for February 16, 1996.
Staff Report
END OF CONSENT CALENDAR
6-G: CONTRACT WITH COTTON/BELAND/ASSOCIATES/PREPARATION OF
EIR/EXPANSION OF SUNSET PARK PREFERENTIAL PARKING ZONE "L":
Presented was the staff report recommending authorization for
the City Manager to negotiate and execute a contract with
Cotton/Beland/Associates in the amount of $46,353 for the
preparation of an Environmental Impact Report for the expansion
of the Sunset Park Preferential Parking Zone "L." Council asked
questions of staff. Discussion ensued as to the need to spend
funds for the contract as it is understood that there is a
parking problem that needs resolution.
Staff Report
Motion by Councilmember Holbrook, seconded by Councilmember
Ebner, that the staff recommendation not be approved.
Substitute motion by Councilmember Genser, seconded by
Councilmember O'Connor to approve the staff recommendation.
The motion, which action requires five (5) affirmative votes,
failed by the following vote:
Ayes: Councilmembers Genser, O'Connor, Abdo, Mayor Pro
Tem Greenberg
Noes: Councilmembers Holbrook, Ebner, Mayor Rosenstein
Absent: None
Substitute motion by Mayor Pro Tem Greenberg, seconded by
Councilmember Ebner, to consider having preferential parking on
the one street that has been discussed, and thereafter discuss
with the Santa Monica City College the necessity for an
environmental report for the entire district. Discussion
ensued as to the resulting overflow of parking into adjacent
streets if only one street is designated for the preferential
parking, and the effects on all residents in the college area,
and on the eventual need to assess the area as one project.
Mayor Pro Tem Greenberg withdrew her motion, with agreement by
the seconder.
The main motion was back on the floor. Substitute motion by
Councilmember Genser, to continue this matter to the next
meeting and direct staff to notify affected residents of
continuance so they may come and speak before Council.
Substitute motion failed for lack of a second. Discussion
ensued on the cost of the study and the legal requirements for
an environmental report.
Substitute motion by Councilmember Abdo, seconded by Mayor
Rosenstein, to continue this matter for two weeks to allow
staff time to provide additional information to Councilmembers.
The motion was approved, with Councilmember Ebner abstaining.
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to direct staff to notify affected residents of continuance so
they may have an opportunity to speak before Council. The
motion was approved by the following vote:
Ayes: Councilmembers Genser, O'Connor, Abdo, Mayor Pro
Tem Greenberg, Mayor Rosenstein
Noes: Councilmembers Holbrook, Ebner
Absent: None
7-A: APPEAL/PLANNING COMMISSION APPROVAL/VTPM NO. 24346/1011
11TH STREET: Presented was the appeal of Planning Commission
approval of vesting tentative Parcel Map No. 24346 for property
located at 1011 11th Street to permit the merger of two
existing parcels and subdivision of the new parcel into three
air space lots; and an ordinance for introduction and first
reading amending various sections of Santa Monica Municipal
Code Chapter 9.20 regarding subdivisions. Staff presented the
Planning Commission's approval and the issues at hand.
Staff Report
On order of the Mayor, the public hearing was opened. William
Teachworth, appellant, presented his appeal for Council
consideration. Chris Harding, representing the applicant,
discussed the project. Council asked questions of Mr. Harding.
Member of the public Joy Fullmer expressed her concerns. On
order of the Mayor, the public hearing was closed.
Motion by Councilmember Abdo, seconded by Councilmember
Holbrook, to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING VARIOUS SECTIONS OF SANTA MONICA MUNICIPAL CODE
CHAPTER 9.20 REGARDING SUBDIVISIONS," reading by title only and
waiving further reading thereof, which would, consistent with
the Planning Commission recommendation, revise the Subdivision
Ordinance to clarify that the City is authorized to approve air
space subdivisions. The motion was approved by the following
vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Holbrook,
Genser, Mayor Pro Tem Greenberg, Mayor
Rosenstein
Noes: None
Absent: None
Motion by Councilmember Abdo, seconded by Councilmember
Holbrook, to deny the appeal and approve the decision of the
Planning Commission. The motion was approved by the following
vote:
Ayes: Councilmembers Abdo, O'Connor, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Abstain: Councilmember Ebner
Noes: None
Absent: None
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to ask staff to review relevant portions of the
Municipal Code pertaining to appeals and to return with a
report as to whether or not the appeal process should be
restricted to the projects being considered. Discussion was
held. The motion was approved by the following vote:
Ayes: Councilmembers Ebner, Holbrook, Mayor Pro Tem
Greenberg, Mayor Rosenstein
Noes: Councilmembers Abdo, Genser, O'Connor
Absent: None
The Mayor announced that the next matter to be considered would
be Item No. 8-A, which in turn will be combined with Item No.
9-A.
8-A: BAYSIDE DISTRICT SPECIFIC PLAN: Presented were
ordinances for second reading and adoption amending the
Official Districting Map to establish the Bayside Commercial
District in portions of the existing C3 and C3C Districts; and,
adding Section 9.04.02.030.142 to the Santa Monica Municipal
Code establishing a definition for billiard parlors, amending
Zoning Ordinance Section 9.04.08.20.060 regarding the C3C
downtown overlay district property development standards,
adding 9.04.08.15 establishing zoning standards for the Bayside
Commercial District and amending Municipal Code Section
9.52.170 regarding signage standards in the Bayside District
Specific Plan Area.
Staff Report
The Mayor introduced this matter by advising that generally a
second reading is a routine matter; however, the purpose of a
second reading is to give Council the opportunity to consider
whether there are any other thoughts about the item. The Mayor
explained that if Council makes any changes to the Specific
Plan or the ordinances introduced at the last meeting, then
they would become a new first reading and a new second reading
would be conducted at the next meeting.
Discussion was held relative to the number of restaurant and
alcohol outlets still available under the old plan and the
additional number provided for in the new plan and possibly
reducing the total number; on reopening the matter of food
courts for discussion and possible adjustments; on existing
commercial uses of the district; and, on placing caps on the
number of restaurant and alcohol outlets.
Motion by Councilmember Abdo, seconded by Councilmember Genser,
to adopt Ordinance No. 1840 (CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE OFFICIAL
DISTRICTING MAP TO ESTABLISH THE BAYSIDE COMMERCIAL DISTRICT IN
PORTIONS OF THE EXISTING C3 AND C3C DISTRICTS," reading by title
only and waiving further reading thereof.
Substitute motion by Councilmember Holbrook, seconded by
Councilmember Ebner, to allow the redistribution of unused
restaurant and liquor licenses according to the numbers
proposed by the Planning Commission while maintaining the
current cap on the number of outlets. After further
discussion, Councilmember Holbrook withdrew his motion.
The motion to adopt the ordinance on second reading was
approved by the following vote:
Ayes: Councilmembers Genser, Holbrook, O'Connor, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: Councilmember Ebner
Absent: None
Motion by Councilmember Abdo, seconded by Councilmember Genser,
to adopt Ordinance No. 1841 (CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING ORDINANCE
SECTION 9.04.02.030.142 ESTABLISHING A DEFINITION FOR BILLIARD
PARLORS, AMENDING ZONING ORDINANCE SECTION 9.04.08.20.060
REGARDING THE C3-C DOWNTOWN OVERLAY DISTRICT PROPERTY
DEVELOPMENT STANDARDS, ADDING PART 9.04.08.15 ESTABLISHING
ZONING STANDARDS FOR THE BAYSIDE COMMERCIAL DISTRICT, AND
AMENDING MUNICIPAL CODE SECTION 9.52.170 REGARDING SIGNAGE
STANDARDS IN THE BAYSIDE DISTRICT SPECIFIC PLAN AREA," reading
by title only and waiving further reading thereof. The motion
was approved by the following vote:
Ayes: Councilmembers Genser, O'Connor, Abdo, Mayor
Rosenstein
Noes: Councilmembers Holbrook, Ebner, Mayor Pro Tem
Greenberg
Absent: None
Motion by Councilmember Abdo, seconded by Mayor Rosenstein, to
ask staff to return with options addressing at least the
additional restaurant issue, the food court issue, and the
issue of ground floor retail and commercial, and whether caps
on alcohol and restaurant outlets should be block-by-block or
district-wide, after talking with Bayside District
representatives. Motion was unanimously approved by voice
vote, with all Councilmembers present.
9-A: DOWNTOWN URBAN DESIGN PLAN ADVISORY COMMITTEE: The
recommendation to select three Councilmembers for the Downtown
Urban Design Plan Advisory Committee was presented.
Motion by Councilmember Abdo, seconded by Councilmember
Holbrook, to select Mayor Rosenstein, Councilmember Holbrook,
and Councilmember Genser to serve on the Downtown Urban Design
Plan Advisory Committee. Discussion was held.
Substitute motion by Councilmember Ebner, seconded by Mayor Pro
Tem Greenberg, to select Councilmember O'Connor, Councilmember
Holbrook, and Mayor Rosenstein to participate in the committee.
Discussion was held. The substitute motion failed by the
following vote:
Ayes: Councilmembers Ebner, Holbrook, Mayor Pro Tem
Greenberg
Abstain: Councilmember O'Connor
Noes: Councilmembers Abdo, Genser, Mayor Rosenstein
Absent: None
The original motion failed by the following vote:
Ayes: Councilmembers Abdo, Holbrook, Mayor Rosenstein
Noes: Councilmembers O'Connor, Ebner, Genser, Mayor
Pro Tem Greenberg
Absent: None
The above item was continued to the meeting of February 20,
1996.
On order of the Mayor, the City Council recessed at 8:35 p.m.
and reconvened at 9:00 p.m., with all members present.
8-B: ORDINANCE REGARDING VARIANCES/CORRECTION OF INADVERTENT
OMISSION: This ordinance was presented for introduction and
first reading.
Staff Report
On order of the Mayor, the public hearing was open for this
matter. Member of the public Joy Fullmer expressed her
concerns. There being no other speakers, the Mayor closed the
public hearing.
Motion by Councilmember Genser, seconded by Councilmember Abdo,
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 9.04.20.10.030
REGARDING VARIANCES," reading by title only and waiving further
reading thereof. The motion was approved by the following
vote:
Ayes: Councilmembers Genser, Holbrook, Ebner,
O'Connor, Abdo, Mayor Pro Greenberg, Mayor
Rosenstein
Noes: None
Absent: None
8-C: PARKING REGULATIONS/TAXICABS/TAXI ZONES: This ordinance
was presented for introduction and first reading.
Staff Report
On order of the Mayor, the public hearing was open for this
matter. Member of the public Joy Fullmer expressed her
concerns. Member of the public Ron Cano discussed actions
being taken by the Bayside District, through an ad hoc
committee, in dealing with problems with taxicabs and made
suggestions. There being no other speakers, the Mayor closed
the public hearing. Discussion was held.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, 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 6.48.080 REGARDING
PARKING REGULATIONS FOR TAXICABS," reading by title only and
waiving further reading thereof. The motion was approved by
the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Holbrook,
Genser, Mayor Pro Tem Greenberg, Mayor
Rosenstein
Noes: None
Absent: None
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to direct staff to install interim taxi zones in the
Third Street Promenade area, taking into account Council
discussion this evening and the concerns expressed. Discussion
was held.
Substitute motion by Councilmember Genser, seconded by
Councilmember Abdo, to ask staff to return with an analysis of
the various options for meeting the need of taxi zones.
Discussion was held. The substitute motion failed by the
following vote:
Ayes: Councilmembers Abdo, Holbrook, Genser
Noes: Councilmembers O'Connor, Ebner, Mayor Pro Tem
Greenberg, Mayor Rosenstein
Absent: None
The main motion was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: Councilmember Holbrook
Absent: None
Councilmember Holbrook stated, for the record, that the reason
he voted against this motion was because he does not know how
many interim taxi zones will be installed and, as it is his
understanding, that up to fourteen or seventeen more have been
authorized.
9-B: CLOSED SESSION: To be held at end of meeting.
Items 10-A and 10-A-1 were discussed and acted upon
concurrently.
10-A: ESTABLISHMENT OF ASSESSMENT DISTRICT/CONSTRUCTION AND
REPAIR OF GUTTERS AND SIDEWALKS/RESURFACING STREETS/IMPROVING
ALLEYS/COMPLETING APPURTENANT WORK: The public hearing to
establish an assessment district for construction and repair of
damaged concrete gutters and sidewalks, for resurfacing
streets, improving alleys and for completing the appurtenant
work at various city streets; adoption of a resolution
establishing the assessment district; and, the recommendation
to amend Resolution of Intention No. 8495(CCS) to allow
commercial and industrial property owners to pay for their
assessment on installments was presented before Council.
Staff Report
10-A-1: AWARD OF CONTRACT/ANNUAL STREET IMPROVEMENT PROGRAM:
Presented was the award of contract to Los Angeles Engineering,
Inc. in the amount of $1,961,859.50 to perform the annual
street improvement program and miscellaneous paving work;
authorize the City Manager to negotiate and execute a contract
with CMI Engineering Consultants in an amount not to exceed
$112,000 for construction management services during the street
resurfacing work; and, approve account budgets.
Councilmember Abdo advised of a possible conflict of interest
relative to this item and was excused at 10:05 p.m.
Staff presented the matter and advised that the City has
received sixteen protests and inquiries to this recommended
action summarized as follows: twelve from members or
representatives of religious institutions protesting because of
costs and because of the fact that churches have a very small
budget and are unable to pay for the proposed assessments; two
protests deal with differences of opinion as to whether the
construction should be concrete or asphalt; one protesting the
cost of the project; one protest which was resolved; and, one
protest from the Post Office contending that as an agency of
the federal government they are not subject to any taxes or
assessments by the City and a resultant opinion by the City
Attorney's office concurring with the protest of the Post
Office. Council asked questions of staff.
On order of the Mayor, the public hearing was open for this
matter. Members of the public Franceye Smith, Beth Leder-Pack,
and Sandy Richards requested hardship accommodations be made
for non-profit organizations and churches. Member of the
public Joel McLafferty spoke in opposition to the establishment
of an assessment district as the repairs are unnecessary.
There being no other speakers, the Mayor closed the public
hearing.
Council asked questions of staff and discussion ensued as to
the City's legal limitations in creating an exemption for non-profits and/or religious institutions.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to adopt Resolution No. 8998 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS, ALLEY
IMPROVEMENTS, STREET RESURFACING, SIDEWALKS, DRIVEWAYS AND CURB
REPAIRS, AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREAS
AND APPURTENANT WORK, IN CONJUNCTION WITH THE FY 1995-96 STREET
RESURFACING PROGRAM AS SET FORTH IN RESOLUTION OF INTENTION
NUMBER 8945 (CCS)," establishing the assessment district,
reading by title only and waiving further reading thereof; and
amend the Resolution of Intention No. 8495 (CCS) to allow
commercial and industrial property owners to pay for their
assessment on installments; to award Contract No. 7187 (CCS) to
perform the annual street improvement program and miscellaneous
paving work to Los Angeles Engineering, Inc., the lowest
responsible bidder, in the amount of $1,961,859.50; authorize
the City Manager to negotiate and execute Contract No. 7188
(CCS) with CMI Engineering Consultants for construction
management services during the street resurfacing work in an
amount not to exceed $112,000; authorize the City Engineer to
issue any necessary change orders to complete additional work
in conformance with the Administrative Instructions on change
orders; and approve account budgets as indicated in Attachments
A and B of the staff report for each account. The motion was
approved by the following vote:
Ayes: Councilmembers O'Connor, Ebner, Holbrook,
Genser, Mayor Pro Tem Greenberg, Mayor
Rosenstein
Noes: None
Absent: Councilmember Abdo
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to ask staff to analyze options for reducing the
financial burden on public benefit, non-profit organizations
and religious institutions and report back to Council, as
quickly as possible. Such measures might include, but are not
limited to, placing liens on the property in lieu of payment,
extended payment options, and other alternative methods of
financing. The motion was approved by the following vote:
Ayes: Councilmembers O'Connor, Holbrook, Genser, Mayor
Rosenstein
Abstain: Mayor Pro Tem Greenberg
Noes: Councilmember Ebner
Absent: Councilmember Abdo
Councilmember Ebner stated, for the record, that she has a
concern with the City getting involved with the church and,
even though she has no problem helping people and institutions
finance loans, the issue of mixing church and state is an
invitation to problems.
Councilmember Abdo returned to the dias at 11:00 p.m.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
Greenberg to extend the meeting to Midnight.
Substitute motion by Councilmember Genser, seconded by
Councilmember Abdo, to continue the meeting to hear any items
for which members of the public are present, act on the
resignation items, Item No. 14-G, hold the Closed Session, with
the stipulation that the meeting not go later than Midnight,
and continue any other items to the meeting of February 20th.
The motion was unanimously approved by voice vote, with all
members present.
13-A: JAMES R. DOK/VICIOUS DOGS: Member of the public James
R. Dok was not in attendance to address Council regarding Santa
Monica Municipal Code Section 4.04.410, Vicious Dogs. Member
of the public Jane Dempsey requested the removal of any
reference to specific breed(s) and "dangerous dogs" in the
Municipal Code, consistent with SB428.
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Greenberg, to refer this issue to staff for their analysis and
request that they report back in a manner they deem to be most
appropriate. The motion was unanimously approved by voice
vote, with all members present.
13-B: KATE WECHSLER/TENANT PARKING AND ISSUES: Member of the
public Kate Wechsler addressed Council regarding amending a
section of the Zoning Ordinance relative to the usage of tenant
parking in apartment buildings and regarding other tenant-related issues. Specifically, Ms. Wechsler reported that her
landlord had always provided a parking space for each tenant,
but that as of January 1, 1996, the landlord had notified
tenants that they no longer had access to the parking lot
unless they paid a monthly fee for use of the parking space.
Ms. Wechsler advised that the tenants of the building,
including her, felt this was an improper action on part of the
landlord and sought some type of enforcement relief. Council
asked questions of Ms. Wechsler. Member of the public Lance
Carlson discussed the problems of parking and other tenant-related issues associated with his apartment.
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to direct staff to analyze the issues of the use of the
parking lots for other than on-site building resident parking;
potential abuse of late fee charges by the landlord claiming
the rent payment was not received on time; enforcement of
existing ordinances and potential for additional legislation;
and, jurisdiction issues of the Rent Board, that this matter
return as a "5" item at a future date to be determined. The
motion was unanimously approved by voice vote, with all members
present.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: The appointments
of members to Boards and Commissions was continued to the
meeting of February 20, 1996.
14-B: AMENDMENT OF PROPOSITION R IMPLEMENTING ORDINANCE: The
request of Councilmember Holbrook to discuss directing staff to
amend the Proposition R implementing ordinance to allow in lieu
fees for offsite affordable housing units was continued to the
meeting of February 20, 1996.
Staff Report
14-C: UNLAWFUL DETAINER ACTION: Presented was the request of
Mayor Pro Tem Greenberg to discuss directing staff to
investigate authorizing the City Attorney to bring unlawful
detainer action against tenants who are engaging in illegal
drug or gang activities. Member of the public Irma Vargas,
representing the Apartment Association of Greater Los Angeles,
spoke in support of a partnership between the police department
and the landlord working in cooperation to deal with this
problem.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to direct staff to investigate any options available to
expedite the eviction of tenants who are engaging in illegal
drug activity or other types of criminal violent activities.
The motion was unanimously approved by voice vote, with all
members present.
14-D: LETTER OF RESIGNATION/MARILYN SHIRK/SOCIAL SERVICES
COMMISSION:
Motion by Councilmember Abdo, seconded by Councilmember Genser,
to accept with regrets the letter of resignation from Marilyn
J. Shirk of the Social Services Commission and authorize the
City Clerk to publish a Notice of Vacancy. The motion was
unanimously approved by voice vote, with all members present.
14-E: LETTER OF RESIGNATION/PHYLLIS WHITE/COMMISSION ON OLDER
AMERICANS:
Motion by Councilmember Abdo, seconded by Mayor Pro Tem
Greenberg, to accept with regrets the letter of resignation
from Phyllis S. White of the Commission on Older Americans and
authorize the City Clerk to publish a Notice of Vacancy. The
motion was unanimously approved by voice vote, with all members
present.
14-F: DEMOLITION OF VACANT BUILDINGS: The request of Mayor
Pro Tem Greenberg to discuss the number of vacant buildings in
the City and the City's policies regarding demolition of those
buildings was continued to February 20, 1996.
15: PUBLIC INPUT: There were no speakers.
9-A: CLOSED SESSION: At 11:35 P.M., Council adjourned to
Closed Session for the purpose of conference with legal
counsel:
Existing litigation:
1. Krantz v. City of Santa Monica, Superior Court Case No.
SC 022940;
2. Sea Castle Apartments, Ltd. v. City of Santa Monica, Case
No. BS 032530;
3. Sharon Azrialy-Carr v. City of Santa Monica, Superior
Court Case No. SC 33592; and
4. Jeffrey Brian Dolan v. City of Santa Monica, Federal Court
Case No. CV 95-7394.
One case of anticipated litigation.
Public Employee Evaluation:
Title: City Attorney
At 12:05 a. m., the City Council reconvened with all members
present.
Mayor Rosenstein announced that no action was taken in the
cases of Krantz and Sea Castle Apartments.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to award settlement in the case of Sharon Azrialy-Carr
v. City of Santa Monica in the amount of $25,000. The motion
was approved by the following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner,
O'Connor, Abdo, Mayor Pro Tem Greenberg, Mayor
Rosenstein
Noes: None
Absent: None
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
Greenberg, to award settlement in the case of Jeffrey Brian
Dolan v. City of Santa Monica in the amount of $40,000. The
motion was approved by the following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner,
O'Connor, Abdo, Mayor Pro Tem Greenberg, Mayor
Rosenstein
Noes: None
Absent: None
With regard to the one case of anticipated litigation, motion
by Councilmember Ebner, seconded by Councilmember Holbrook, to
award settlement to Harry Shearer which would allow Mr. Shearer
to keep his satellite dish as long as he waives claim to any
attorney fees or other compensation from the City. The motion
was approved by the following vote:
Ayes: Councilmembers Holbrook, Ebner, Mayor Pro Tem
Greenberg, Mayor Rosenstein
Noes: Councilmembers Genser, O'Connor, Abdo
Absent: None
Councilmembers Abdo and Genser wished the record to reflect
that they voted against this motion because they believe the
Council is neglecting its obligation to the neighbors and
allowing an inappropriate condition to exist.
14-G: COMPENSATION ADJUSTMENTS/CITY MANAGER/CITY ATTORNEY:
Presented was the request of Mayor Rosenstein to approve
compensation adjustments for the City Manager and City Attorney
in order to provide standard cost of living increases as
provided to other employees, effective July 1, 1995.
Motion by Mayor Rosenstein, seconded by Councilmember Holbrook,
that the employment agreements for the City Manager and the
City Attorney be amended with Contract Nos. 7189 (CCS) and 7190
(CCS), respectively, to provide the standard cost of living
increase provided to other City employees, effective July 1,
1995, and effective July 1 each year thereafter. The motion
was approved by the following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner,
O'Connor, Abdo, Mayor Pro Tem Greenberg, Mayor
Rosenstein
Noes: None
Absent: None
ADJOURNMENT: At 12:10 a.m., the meeting was adjourned to
February 20, 1996, at 6:30 p.m.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor