CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 19, 1996
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor Rosenstein at 6:39 p.m., on
Tuesday, March 19, 1996, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tem Asha Greenberg
Councilmember Judy Abdo
Councilmember Ruth Ebner
Councilmember Ken Genser
Councilmember Pamela O'Connor
(arrived at 6:52 p.m.)
Absent: Councilmember Robert T. Holbrook
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.
INSPIRATION: A moment of inspiration was provided by Aurelia
Flaming and Hilary Bienstock, Poetry/Narrative Editors of The
Pen Pusher magazine, Santa Monica High School.
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.
Mayor Pro Tem Greenberg and Councilmember Genser requested that
Item No. 6-E be removed from the Consent Calendar due to
traffic issues, concerns with the size of the festivities at
the college, staff participation, estimated costs for police
services, and clarification of the date of the event.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to approve the Consent Calendar, with the exception of
Item No. 6-E, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Genser, Ebner, Abdo, Mayor Pro
Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmembers Holbrook, O'Connor
6-A: MINUTES APPROVAL: The City Council minutes of February
13 and 20, 1996, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9004(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: FINAL TRACT MAP NO. 51098/TPC-197/1144 STANFORD STREET:
Resolution No. 9005(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 51098 AT 1144 STANFORD
STREET," was adopted thereby approving a 9-unit tenant-participating conversion project at 1144 Stanford Street.
Staff Report
6-D: AMENDMENT TO AGREEMENT/KPMG PEAT MARWICK/AUDIT SERVICES:
Contract No. 5732(CCS) was approved with KPMG Peat Marwick to
provide two additional years of audit services at specified
prices.
Staff Report
END OF CONSENT CALENDAR
6-E: 4TH OF JULY FESTIVITIES: Discussion was held with regard
to the staff recommendation that Council endorse a co-sponsorship of Santa Monica College's June 29, 1996, fireworks
celebration and 4th of July community event in Palisades Park
and authorization for staff to proceed with event planning and
preparation. There was discussion relative to security
problems in the past when the 4th of July fireworks celebration
was promoted as a regional event, which resulted in extremely
large, and at times unruly crowds with not enough police
security. There was also discussion regarding the possibility
of holding a fireworks celebration on the 4th of July, with
promotion only within the community.
Staff Report
Councilmember O'Connor arrived at 6:52 p.m.
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Greenberg, to approve co-sponsorship of Santa Monica College's
fireworks celebration, with staff to proceed as described in
the staff report with the modification that concerns raised
this evening relative to promoting this event as a community
event only, and not as a regional event be taken into
consideration. The motion was approved by the following vote:
Ayes: Councilmembers Genser, Ebner, O'Connor, Abdo,
Mayor Pro Tem Greenberg
Noes: None
Abstain: Mayor Rosenstein
Absent: Councilmember Holbrook
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to schedule a hearing at the next convenient meeting on
handling the July 4th celebration in the beach portion of the
City, which could include fireworks and the community event.
Substitute motion by Councilmember Ebner, second by Mayor Pro
Tem Greenberg, that the issue of handling the July 4th
celebration in the beach area be returned as an information
item only and approve the staff recommendation regarding the
production of an afternoon community event in Palisades Park on
July 4, 1996. The substitute motion failed by the following
vote:
Ayes: Councilmember Ebner, Mayor Pro Tem Greenberg,
Mayor Rosenstein
Noes: Councilmembers Genser, O'Connor, Abdo
Absent: Councilmember Holbrook
The original motion failed by the following vote:
Ayes: Councilmembers Genser, O'Connor, Abdo
Noes: Councilmember Ebner, Mayor Pro Tem Greenberg,
Mayor Rosenstein
Absent: Councilmember Holbrook
7-A: APPEAL/PLANNING COMMISSION APPROVAL/CUP 95-007/DESIGN
MODIFICATION/MODIFIED FEES/CONDOMINIUMS/1043-1045 11TH STREET:
The appeal of Planning Commission approval of Conditional Use
Permit 95-007 requesting design modification and modified fees
for a five-unit residential condominium project at 1043-1045
11th Street was continued to the meeting of May 14, 1996, at
the request of the applicant.
Staff Report
8-A: CLARIFICATION AND EXPANDED USES/ASSESSMENTS/BUSINESS
IMPROVEMENT AREA: The ordinance was presented for adoption.
Staff Report
Motion by Councilmember Abdo, seconded by Mayor Pro Tem
Greenberg, to adopt Ordinance No. 1845(CCS) 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, Ebner, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Holbrook
8-B: PREFERENTIAL PARKING ZONE HH: Councilmember Genser
advised of a potential conflict of interest relative to this
issue and was excused at 7:16 p.m.
Presented was an ordinance for introduction and first reading
to establish Preferential Parking Zone HH in the area bounded
by Adelaide Drive, 7th Street, San Vicente Boulevard and Ocean
Avenue and the recommendation that the negative declaration be
approved.
On order of the Mayor, the public hearing was opened for this
matter. Member of the public Joy Fullmer expressed her
concerns. Members of the public Jacquie Banks and Schumarry
Tsou spoke in support of the proposed parking zone. There
being no other speakers, the Mayor closed the public hearing.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to approve the negative declaration. The motion was
approved by the following vote:
Ayes: Councilmembers Ebner, O'Connor, Abdo, Mayor Pro
Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmembers Genser, Holbrook
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
ADDING SECTION 3.08.460 TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH PREFERENTIAL PARKING ZONE HH," reading by title only
and waiving further reading thereof. The motion was approved
by the following vote:
Ayes: Councilmembers Ebner, O'Connor, Abdo, Mayor Pro
Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmembers Genser, Holbrook
Councilmember Genser returned to the dias at 7:20 p.m.
9-A: DEMOLITION/SEA CASTLE APARTMENTS: Presented was the
staff report recommending adoption of a resolution declaring
that an emergency exists with respect to the property located
at 1725 The Promenade (Sea Castle Apartments); requesting
authorization for the expenditure of funds to enforce Nuisance
Abatement Board actions to abate the imminent threat to public
safety; and authorization for the City Manager to negotiate and
execute a contract with Ground Zero Demolition and
Environmental Engineering Company and related firms, in the
amount of $692,353, for the demolition, security, air quality
monitoring, and project management for the project.
Staff Report
On order of the Mayor, the public hearing was opened for this
matter. Member of the public Joy Fullmer expressed her
concerns. Member of the public Peter Gelblum, legal counsel
for the owner of the Sea Castle, spoke in support of the
demolition of the property; however, requested an analysis of
the proposed costs prior to approval of the contract and took
exception to certain contract stipulations. Member of the
public Jerry Bass spoke in support of the staff recommendation.
There being no other speakers, the Mayor closed the public
hearing.
Council asked questions of staff and discussion ensued. Staff
advised that negotiations with Ground Zero Demolition were not
finalized, and therefore staff was amending the recommendation
to authorize the City Manager to enter into a contract with
Ground Zero Demolition and Environmental Engineering Company to
read instead: "Recommendation to authorize the City Manager to
negotiate and execute a contract with an (unspecified)
demolition company . . ."
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Abdo, to adopt Resolution No. 9006(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THAT AN EMERGENCY EXISTS WITH RESPECT TO THE PROPERTY
AT 1725 THE PROMENADE," reading by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Holbrook
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Abdo, to authorize the expenditure of CDBG (Emergency
Supplemental or MERL) or Redevelopment funds as set forth above
to perform the required Nuisance Abatement Board orders from
February 9, 1996 for the Sea Castle Apartments at 1725 The
Promenade, including security, environmental monitoring,
demolition and project management. The motion was approved by
the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Holbrook
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Abdo, to waive the competitive bid process for selecting firms
associated with these actions, including security, air quality
monitoring, demolition and project management. The motion was
approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Holbrook
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to authorize the City Manager to negotiate and execute a
contract with a demolition company and an environmental
engineering company and related firms in the amount of $692,353
for the demolition, security, air quality monitoring, and
project management for the project. The motion was approved by
the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Holbrook
10-A: SPECIAL ASSESSMENT/SEA CASTLE APARTMENTS: The public
hearing to hear protests or objections, if any, by property
owner of Sea Castle Apartments (1725 The Promenade) regarding
the placement of a special assessment on the premises for the
cost of the abatement of a public nuisance; adoption of a
resolution of confirmation affirming the special assessment on
the property; and, authorization to staff to file a Notice of
Lien with the Los Angeles County Recorder and the Los Angeles
County Assessor for collection of the special assessment was
heard before Council.
Staff Report
On order of the Mayor, the public hearing was opened for this
matter. Member of the public Joy Fullmer expressed her
concerns. Member of the public Jerry Bass spoke in support of
the special assessment. Member of the public Peter Gelblum,
legal counsel for the owner of the Sea Castle property,
requested a continuance of this item to allow him time to
review the breakdown of the costs proposed. There being no
other speakers, the Mayor closed the public hearing.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to continue the discussion portion of this item to the
meeting of March 26, 1996. The motion was unanimously approved
with Councilmember Holbrook absent.
On order of the Mayor the City Council recessed at 8:25 p.m.,
and reconvened at 8:49 p.m., with all members present except
Councilmember Holbrook.
13-A: MEL GREENSTEIN/SALE OF BUSINESSES/ACE JEWELRY &
LOAN/ANGELO'S PAWN SHOP: Members of the public Mel Greenstein
and Angelo Garzieri addressed Council regarding current laws
impeding the sale of their businesses, Ace Jewelry & Loan and
Angelo's Pawn Shop, respectively, which stipulate that pawnshop
owners be selected from a preestablished waiting list. Council
asked questions of Mr. Greenstein and Mr. Garzieri.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to direct staff to review the issues raised and return
to Council with a report and recommendations on possible
solutions. The motion was unanimously approved with
Councilmember Holbrook absent.
13-B: DERRELL TIDWELL/GALEN GARY/PAY TELEPHONES/RESIDENTIAL
AREAS: Member of the public Galen Gary addressed Council
regarding the enactment of legislation to prohibit businesses
from placing pay telephones on residential streets or near
residential property, specifically citing a pay telephone which
was installed three feet from their driveway and the resulting
problems they have suffered.
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Greenberg, to direct staff to review current law and return as
soon as possible with any possible amendments to the law.
Motion by Mayor Pro Tem Greenberg to amend the motion to
explore the possibility of classifying this pay telephone as a
public nuisance in order to accelerate the process. The motion
was accepted as friendly and carried unanimously with
Councilmember Holbrook absent.
13-C: TAMAR HURWITZ/RAINFOREST ACTION NETWORK/SUPPORT OF
COASTAL RAINFORESTS IN BRITISH COLUMBIA: Member of the public
Tamar Hurwitz, Rainforest Action Network, discussed the
destruction of the ancient rainforests in British Columbia and
asked the City Council to adopt a non-binding resolution that
would require companies to adopt ecological procurement
policies.
Motion by Councilmember Genser, seconded by Mayor Rosenstein,
to direct staff to prepare a suitable resolution to present to
Council for adoption at the meeting of March 26, 1996, if
possible. The motion was unanimously approved with
Councilmember Holbrook absent.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Rosenstein
announced that the floor would consider nominations to the
Personnel Board. Mayor Rosenstein nominated Russell Barnard.
Mayor Pro Tem Greenberg nominated William Coleman.
Councilmember Genser nominated Laurie O'Neal. There being no
further nominations, nominations were closed. On a call for
the vote, no one nominee received the required four votes.
Councilmember Genser subsequently changed his vote and Russell
Barnard was appointed to the Personnel Board for a full term
ending June 30, 2000.
There being no objections, the appointment to the Housing
Commission was continued to the meeting of March 26, 1996.
14-B: RECONSIDERATION/RESTAURANT/ENTERTAINMENT
ESTABLISHMENT/370 SANTA MONICA PIER: Presented was the request
of Councilmember Genser to reconsider the Council action on 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), in light of potential conflict
of interest by one of the voting Councilmembers. Questions and
general discussion ensued with regard to the differences
between quasi-judicial and legislative endeavors by Council.
Member of the public Kelly Olsen discussed integrity and public
trust as well as the importance of elected officials acting
judiciously and avoiding the appearance of conflict of
interest; and encouraged Council to reconsider this item.
Discussion was held with regard to the history and background
of the project along with a brief outline of the significant
changes of the project between the Planning Commission hearings
and the City Council hearings. The official City video tape of
the testimony by Mayor Rosenstein at the Planning Commission
meeting in question was shown and discussion ensued.
Motion by Councilmember Abdo, seconded by Mayor Pro Tem
Greenberg, to ask staff to look at a policy statement that
could be formulated for inclusion in Council rules addressing
the specific issues of quasi-judicial hearings. The motion was
unanimously approved with Councilmember Holbrook absent.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to continue this item to see whether the fourth
member of the Council, who is eligible to make the motion to
reconsider, might be willing to do so. The motion failed by
the following vote:
Ayes: Councilmembers O'Connor, Ebner, Genser
Noes: Councilmember Abdo, Mayor Pro Tem Greenberg,
Mayor Rosenstein
Absent: Councilmember Holbrook
15: PUBLIC INPUT: Member of the public John Jurenka
complained about police vehicles parking in the City Hall
parking lot.
9-A: CLOSED SESSION: At 10:15 p.m., Council adjourned to
Closed Session for the purpose of conference with legal
counsel:
Staff Report
Existing litigation:
1. Kelley v. City of Santa Monica, LASC Case No. SC031054;
2. People et al. v. Seacastle et al., LASC Case No. SS 006
484;
3. Harville v. Milton, et al., LASC Case No. SC 022 835
consolidated with SC 031853;
4. McNally v. City of Santa Monica, USDC Case No. CV 95-8634
ER.
No action taken.
ADJOURNMENT: At 10:30 p.m., the meeting was adjourned in
memory of Sydney Binstock, Mike Derrico, Jack L. Hone, Diana
Mann, Michael Rubin, Walter Wiewiora, Arthur Kuehl, the
children gunned down in Dunblane, Scotland, and the people
killed by terrorists in Israel.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor