CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 27, 1996
A regular meeting of the Santa Monica City Council was called to
order by Mayor Rosenstein at 6:34 p.m., on Tuesday, February 27,
1996, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Councilmember Judy Abdo
Councilmember Ken Genser
Mayor Pro Tempore Asha Greenberg
Councilmember Pamela O'Connor
Councilmember Robert T. Holbrook
Absent: Councilmember Ruth Ebner
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 the
String Quartet from John Adams Middle School.
Mayor Rosenstein acknowledged the director and members of the
Santa Monica High School Symphony Orchestra, who were in
attendance.
5-A: PREPARATION OF ENVIRONMENTAL IMPACT
REPORT/EXPANSION/SUNSET PARK PREFERENTIAL PARKING ZONE "L":
Presented was the staff report recommending authorization to
the City Manager to negotiate and execute a contract with
Cotton/Beland/Associates in the amount of $46,353 for
preparation of an Environmental Impact Report for the expansion
of the Sunset Park Preferential Parking Zone "L."
Staff Report
The Mayor opened the meeting for public comment.
Member of the public Thomas Elias spoke in support of immediate
implementation of the proposed preferential parking zone in the
1600 and 1700 blocks of Oak Street. Members of the public Neil
Kreputn, Bruce Ettinger, Louis Banks, Steve Carmendy, William
Anderson, David Ralicke, Roger Director, Richard Bloom, and
Richard Shafer spoke in support of the proposed preferential
parking district.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to authorize the City Manager to negotiate and execute
Contract No. 7191 (CCS) with Cotton/Beland/Associates in an
amount not to exceed Forty-six Thousand, Three Hundred Fifty-three ($46,353) Dollars for the preparation of an environmental
impact report for the proposed expansion of the Sunset Park
Preferential Parking Zone "L," and appropriate $46,353 from
General Fund reserves to Account #01-210-267-00000-5506-00000.
The motion was approved by the following vote:
Ayes: Councilmembers Genser, Holbrook, O'Connor, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Ebner
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. Members of
the public Joy Fullmer, Rosario Perry, and John Tomberlin
discussed items on the Consent Calendar. Motion by
Councilmember Genser, seconded by Councilmember Abdo, to hear
late speakers. The motion was unanimously approved,
Councilmember Ebner absent. Members of the public Bob Badivan,
Ray Ford, and Bob Robert discussed items on the Consent
Calendar. Mayor Pro Tem Greenberg requested that Item No. 6-G
be removed from the Consent Calendar.
Motion by Councilmember O'Connor, 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 Abdo, O'Connor, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Ebner
6-A: ORDINANCE/SUBDIVISIONS: Ordinance No. 1842(CCS)
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," was
adopted.
Staff Report
6-B: ORDINANCE REGARDING VARIANCES/CORRECTION OF INADVERTENT
OMISSION: Ordinance No. 1843(CCS) 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," was adopted.
Staff Report
6-C: PARKING REGULATIONS/TAXICABS/TAXI ZONES: Ordinance No.
1844(CCS) 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,"
was adopted.
Staff Report
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9001(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: ACCOUNTING ORDER/CENTURY SOUTHWEST CABLE TELEVISION:
Resolution No. 9002(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING AN ACCOUNTING
ORDER REGARDING EQUIPMENT AND INSTALLATION CHARGES OF CENTURY
SOUTHWEST CABLE TELEVISION, INC.," was adopted thereby
extending the time for the City to review installation and
equipment charges, and to preserve the City's right to issue
rate refunds, if the City determines that proposed charges are
unreasonable.
Staff Report
6-F: FINAL SUBDIVISION/TRACT MAP NO. 51888/TPC-320/519
CALIFORNIA AVENUE: Resolution No. 9003(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
51888 AT 519 CALIFORNIA AVENUE," was adopted thereby approving
a 14-unit tenant participating conversion project at 519
California Avenue.
Staff Report
6-H: AWARD OF BID/HAZARDOUS MATERIALS RESPONSE APPARATUS: Bid
No. 2559 was awarded to Municipal Services Group, Inc. in the
amount of $162,830.15 to provide lease/purchase financing of
one (1) hazardous materials response apparatus for the Fire
Department.
Staff Report
6-I: CANCELLATION OF CITY COUNCIL MEETING/MARCH 12, 1996: The
City Council meeting of March 12, 1996, was canceled.
Staff Report
END OF CONSENT CALENDAR
6-G: AWARD OF CONTRACT/REPLACE PLUMBING/CITY HALL/POLICE
DEPARTMENT FACILITY: Presented was the staff report
recommending award of contract to Tri-Build Development
Corporation in the amount of $187,000 to replace plumbing in
the City Hall/Police Department facility. Staff answered
questions of City Council relative to the need for immediate
replacement of the plumbing and on the long-term usefulness of
the equipment if a new police building is constructed. Staff
advised the materials could be reused at the new building.
Staff Report
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to approve Contract No. 7192(CCS) with Tri-Build
Development Corporation in the amount of $187,000 to replace
plumbing in City Hall/Police Department facility. The motion
was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Holbrook, Genser,
Mayor Pro Tem Greenberg
Abstain: Mayor Rosenstein
Noes: None
Absent: Councilmember Ebner
7-A: APPEAL/CUP 94-024/REDUCED PARKING PERMIT 94-006/370 SANTA
MONICA PIER (SINBAD'S/CLUB ROUTE 66): General discussion was
held with regard to the appropriateness of certain members
participating in deliberations on this item because of comments
made in public expressing a view on the item. Presented was
the appeal of Planning Commission approval of Conditional Use
Permit 94-024 and Reduced Parking Permit 94-006, for a 699-seat
restaurant and entertainment establishment at 370 Santa Monica
Pier (Sinbad's/Club Route 66).
Staff Report
Appellant Jean Sedillos, co-chair of Citizens for a Safe Santa
Monica spoke in support of the appeal and urged Council to deny
the outdoor stage project. Steve Brackett, representing the
Santa Monica Police Officers Association, summarized the police
officers' concerns with the appealed project.
Applicant Russell Barnard spoke in support of the project as
redesigned in cooperation with appellants, and urged Council to
approve the new design.
On order of the Mayor, the public hearing was opened.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Jerry Bass urged Council to remand this
amended project to the Planning Commission for review and to
give the public another opportunity to speak at the Planning
Commission. Members of the public Stephanie Barbanell and
Diane Simpson urged Council to reject the nightclub plan
amendment, expire the CUP and Reduced Parking Permit, and
uphold the Police Officers' Association appeal to deny the
project that was before the Planning Commission. Members of
the public Jan Ludwinski, Art Casillas, and Kelly Olsen spoke
in support of the appeal. Member of the public Mat Millen
urged Council to consider the concerns of the police department
and include a requirement that private security guards be
mandatory for this project. Members of the public Bruce
Cameron, Linda Sullivan, and Michael Klein spoke in support of
the proposed project.
There being no further speakers, the Mayor closed the public
hearing.
Lea Cavanaugh and Steve Brackett, speaking on behalf of the
appellant, presented a rebuttal and spoke in support of the
appeal.
Russell Barnard presented a rebuttal and spoke in support of
the project as amended.
Council asked questions of John Gilchrist, Director of the Pier
Restoration Corporation, and staff.
Motion by Councilmember Holbrook, seconded by Councilmember
Abdo, to extend the term of the CUP and Reduced Parking permit,
uphold the appeal and approve CUP 94-024 and Reduced Parking
Permit 94-006 as redesigned based on the findings and
conditions outlined in the report.
At the suggestion of Suzanne Frick, Councilmember Holbrook
amended his motion to delete the first sentence of Condition
#18. The amendment was accepted as friendly.
Substitute motion by Councilmember Genser to uphold the appeal
and deny the project. The motion died for lack of a second.
The original motion, as amended, was approved by the following
vote:
Ayes: Councilmembers Holbrook, O'Connor, Abdo, Mayor
Rosenstein
Noes: Councilmember Genser, Mayor Pro Tem Greenberg
Absent: Councilmember Ebner
Mayor Pro Tem Greenberg stated, for the record, that she voted
"no" on the above item because she does not feel confident that
the security and safety issues have been addressed in a
comprehensive manner.
On order of the Mayor the City Council recessed at 9:52 p.m.,
and reconvened at 10:18 p.m., with all members present except
Councilmember Ebner.
8-A: ORDINANCE/CLARIFICATION AND EXPANDED USES/ASSESSMENTS/
BUSINESS IMPROVEMENT AREA: This ordinance was presented for
introduction and first reading.
Staff Report
On order of the Mayor, the public hearing was opened.
Member of the public Joy Fullmer expressed her concerns.
Member of the public Ronn Pickard discussed problems with the
assessment district structure.
There being no further speakers, the Mayor closed the public
hearing.
Motion by Mayor Pro Tem Greenberg, 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 ORDINANCE NUMBER 1606(CCS) TO CLARIFY AND EXPAND THE
USES OF ASSESSMENTS LEVIED WITHIN A BUSINESS IMPROVEMENT AREA,"
reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Ebner
9-A: DOWNTOWN URBAN DESIGN PLAN ADVISORY COMMITTEE: Mayor
Rosenstein announced that the floor would consider nominations
of three Councilmembers for the Downtown Urban Design Plan
Advisory Committee.
Motion by Councilmember Abdo to nominate Mayor Rosenstein,
Councilmember Holbrook, and Councilmember Genser. The motion
died for lack of a second.
Motion by Mayor Rosenstein, seconded by Councilmember Abdo, to
nominate Councilmember Holbrook, Councilmember O'Connor, and
Mayor Rosenstein.
Substitute motion by Councilmember Genser, seconded by
Councilmember O'Connor, to nominate Councilmember Holbrook,
Councilmember O'Connor, and Councilmember Genser. The
substitute motion failed by the following vote:
Ayes: Councilmembers Genser, O'Connor
Noes: Councilmembers Holbrook, Abdo, Mayor Pro Tem
Greenberg,
Mayor Rosenstein
Absent: Councilmember Ebner
Substitute motion by Councilmember Genser, seconded by
Councilmember O'Connor, to nominate Mayor Rosenstein,
Councilmember O'Connor, and Councilmember Genser. The
substitute motion failed by the following vote:
Ayes: Councilmembers Genser, O'Connor
Noes: Councilmembers Holbrook, Abdo, Mayor Pro Tem
Greenberg,
Mayor Rosenstein
Absent: Councilmember Ebner
The main motion was approved by the following vote:
Ayes: Councilmembers, Holbrook, O'Connor, Abdo, Mayor
Pro Tem Greenberg, Mayor Rosenstein
Noes: Councilmember Genser
Absent: Councilmember Ebner
9-B: CLOSED SESSION: Held at end of meeting.
13-A: ROSE I. LEVY/FENCE LAWS: Presented was the request of
Rose I. Levy to address City Council regarding fence laws. Ms.
Levy was not present to speak to Council. The communication
was received and filed with no formal action taken.
13-B: RONN S. PICKARD/3RD ANNUAL U. S. CONSTITUTION DAY
PARADE: Presented was the request of Ronn S. Pickard to
address City Council requesting approval to hold the 3rd Annual
U. S. Constitution Day parade on Saturday, September 14, 1996.
The communication was received and filed.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: To be continued to
the meeting of March 19, 1996.
Mayor Rosenstein announced, for the record, the following
changes in Council liaison appointments: Councilmember
Holbrook will no longer be serving as liaison to the Library
Board. He is being reappointed as liaison to the Bayside
District Corporation. Mayor Pro Tem Greenberg will be serving
as liaison to the Library Board, leaving the Bayside District
Corporation.
14-B: SANTA MONICA HIGH SCHOOL ORCHESTRA/INTERNATIONAL
FESTIVAL OF YOUTH ORCHESTRAS: Presented was the request of
Councilmembers Holbrook and Genser to discuss appropriating
$5,000 for the Santa Monica High School Orchestra for travel to
the International Festival of Youth Orchestras in Valencia,
Spain.
The Mayor opened the meeting for public comment. Member of the
public Margaret Bach, co-chair of the fundraising committee for
the Santa Monica High School Symphony Orchestra, urged Council
to support the orchestra in its fundraising efforts to travel
to the festival in Spain.
Motion by Councilmember Genser, seconded by Councilmember
Holbrook, to contribute $5,000 to the Santa Monica High School
Orchestra for travel to the International Festival of Youth
Orchestras in Valencia, Spain. Second by Councilmember
Holbrook. The motion was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Ebner
14-C: LIVING WAGE ACT OF 1996: Presented was the request of
Mayor Rosenstein to discuss Council endorsement of the Living
Wage Act of 1996.
Motion by Mayor Rosenstein, seconded by Councilmember Abdo, to
endorse the Living Wage Act of 1996. The motion was approved
by the following vote:
Ayes: Councilmembers Genser, Holbrook, O'Connor, Abdo,
Mayor Rosenstein
Abstain: Mayor Pro Tem Greenberg
Noes: None
Absent: Councilmember Ebner
15: PUBLIC INPUT: There were no speakers present.
9-A: CLOSED SESSION: At 11:00 p.m., Council adjourned to
Closed Session for the purpose of conference with legal
counsel:
Existing litigation:
1. Karl Schober v. City of Santa Monica, et al., Superior
Court Case No. SS 005575;
2. Krantz v. City of Santa Monica, Superior Court Case No.
SC 022940;
3. Georgi Barish v. City of Santa Monica, Municipal Court
Case No. 94C01652;
4. Sea Castle Apartments, Ltd. v. City of Santa Monica, Case
No. BS 032530;
5. Foodmaker Inc. v. City of Santa Monica, et al., Superior
Court Case No. SC 040926.
Two cases of anticipated litigation.
At 12:05 a.m., Council reconvened with all members present,
except Councilmember Ebner.
Mayor Rosenstein announced that no action was taken in the
cases of Schober, Sea Castle Apartments, and Foodmaker, Inc.,
as well as the two cases of anticipated litigation.
Motion by Councilmember Abdo, seconded by Mayor Rosenstein, to
approve judgement in the amount of $35,913.96 in the case of
Krantz v. City of Santa Monica. The motion was approved by the
following vote:
Ayes: Councilmembers Abdo, O'Connor, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Ebner.
Councilmember Holbrook and Mayor Pro Tem Greenberg were excused
12:06 a.m.
Motion by Councilmember O'Connor, seconded by Mayor Rosenstein,
to approve payment of binding arbitration award in the amount
of $17,704.43 in the case of Georgi Barish v. City of Santa
Monica. The motion was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Genser, Mayor
Rosenstein
Noes: None
Absent: Councilmembers Ebner, Holbrook, Mayor Pro Tem
Greenberg
ADJOURNMENT: At 12:07 a.m., the meeting was adjourned to March
19, 1996, at 6:30 p.m.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor