CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 23, 1996
A regular meeting of the Santa Monica City Council was called to
order by Mayor Rosenstein at 6:37 p.m., on Tuesday, April 23,
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 Robert T. Holbrook
(arrived at 7:38 p.m.)
Councilmember Pamela O'Connor
Also Present:City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Mayor Pro Tem Greenberg 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 Emily
Clencher and Christina Johnson, members of the Santa Monica
High School Orchestra.
4-A: COMMENDATIONS/SANTA MONICA BUSINESSES/ENVIRONMENTALLY
SUSTAINABLE BUSINESS PRACTICES: Mayor Rosenstein presented
commendations to Santa Monica businesses recognizing their
environmentally sustainable business practices.
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. At the
request of Councilmember Genser, Item No. 6-F was removed from
the Consent Calendar. Members of the public Linda Wilson, Joy
Fullmer, and James Kelley discussed items on 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-F, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Genser, Ebner, O'Connor, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Holbrook
6-A: MINUTES APPROVAL: The City Council minutes of March 26,
1996, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9019(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was
adopted.
6-C: APPLICATION FOR GRANT FUNDS/JOSLYN PARK IMPROVEMENTS:
Resolution No. 9020(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION
FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK
AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM
FOR JOSLYN PARK IMPROVEMENTS," was adopted.
6-D: ACCEPTANCE OF PETITIONS/INSTALLATION OF STREETLIGHTS:
Resolution No. 9021(CCS) entitled: "A RESOLUTION OF INTENTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A
PUBLIC HEARING ON JULY 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 AND APPURTENANT WORK ON VARIOUS CITY
STREETS AS SHOWN ON CITY DRAWING NO. 10061 WITHIN THE CITY OF
SANTA MONICA," was adopted.
6-E: AWARD OF BID/VEHICLES/VARIOUS DEPARTMENTS: The bid to
furnish and deliver eleven (11) vehicles for various
departments was awarded to Wondries Chevrolet in the amount of
$245,844.08.
6-G: AMENDMENTS TO LEASE AGREEMENT/WINDWARD SCHOOL:
Amendments to Contract No. 3828(CCS) were approved with
Windward School for use of City property for recreational
purposes and proposed construction of classroom facilities.
6-H: CONTRACT/LANDFILL GAS MONITORING/CORPORATE YARD:
Contract No. 7199(CCS) was approved with Arthur D. Little, Inc.
in the amount of $73,250 to conduct landfill gas monitoring at
the City's Corporate Yard and the appropriation of $60,432 from
the Water, Wastewater, Refuse and General Funds was approved.
6-I: AGREEMENT/LEGAL SERVICES/EMPLOYER-EMPLOYEE RELATIONS
MATTERS: Contract No. 7200(CCS) was approved with Liebert,
Cassidy and Frierson in an amount not to exceed $94,000 to
provide legal services relating to employer-employee relations
matters.
6-J: OPPOSITION TO SB1538/REGULATION OF RESTAURANTS AND RETAIL
FOOD ESTABLISHMENTS: The recommendation to oppose SB1538
regarding regulation of restaurants and retail food
establishments was approved.
END OF CONSENT CALENDAR
6-F: LICENSE AGREEMENT/CIRQUE DU SOLEIL: Councilmember
Genser advised that he had removed this matter off the Consent
Calendar only to highlight the extension of the City's
agreement with Cirque du Soleil for performance visits.
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Greenberg, to approve Contract No. 7198(CCS) with Cirque du
Soleil for performance visits in the fall of 1996 and spring of
1997, and an option to return in the fall of 1999 and spring of
2000. The motion was approved by the following vote:
Ayes: Councilmembers Genser, Ebner, O'Connor, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Holbrook
7-A: APPEAL 96-004/CUP 95-017/DRIVE-UP WINDOW/JACK-IN-THE-BOX/2025 LINCOLN BOULEVARD: Following general discussion,
Mayor Rosenstein announced that the procedure this evening will
be to hold the public hearing, hear the staff report, and hear
the appeal, and then continue this item and Item No. 7-B for
deliberation to the meeting of May 28, 1996, due to pending
litigation between the City and Foodmaker, Inc.
Presented was Appeal 96-004 of Planning Commission Approval of
Conditional Use Permit Application (CUP 95-017) to allow the
late-night operation of the drive-up window in the Jack-in-the-Box restaurant located at 2025 Lincoln Boulevard until May 1,
1998.
Councilmember Holbrook arrived at 7:38 p.m.
Jack Rubens, representing the applicant/appellant, and Mitesh
Gala, franchisee, spoke in support of the appeal and in
opposition to the CUP.
On order of the Mayor, the public hearing was opened. Members
of the public Fred Bakshandeh, David Steele, and James Kafka
spoke in opposition to the appeal and in support of the CUP.
Member of the public Joy Fullmer expressed her concerns. There
being no other speakers, the Mayor closed the public hearing.
Jack Rubens presented a rebuttal. Council asked questions of
Mr. Rubens. The remainder of this item was continued to the
meeting of May 28, 1996.
7-B: APPEAL 95-016/CUP 95-016/VAR 95-033/DRIVE-UP WINDOW/JACK-IN-THE-BOX/ 2423 WILSHIRE BOULEVARD: Presented was Appeal 95-016 of Planning Commission Approval of Conditional Use Permit
Application (CUP 95-016) and Variance Application (VAR 95-033)
to allow the late-night operation of the drive-up window in the
Jack-in-the-Box restaurant located at 2423 Wilshire Boulevard
until May 1, 1998.
Jack Rubens and John Emanuelli, representing the
applicant/appellant, spoke in support of the appeal and in
opposition to the CUP.
On order of the Mayor, the public hearing was opened. Members
of the public Susan Henderson, Donald Brandt, Giok Brandt, Leon
Ferder, Edward Castillo, Daniel Graham, Blythe Egan, Phyllis
Duncan, Jennifer Silverman, Judy Silverman, Allison Velkes, and
Ron Velkes spoke in opposition to the appeal and in support of
the CUP. Member of the public Joy Fullmer expressed her
concerns.
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to hear a late speaker. The motion was unanimously approved by
voice vote, with all Councilmembers present.
Member of the public Richard Bloom spoke in opposition to the
appeal and in support of the CUP. There being no other
speakers, the Mayor closed the public hearing.
Jack Rubens presented a rebuttal. Council asked questions of
Mr. Rubens. The remainder of this item was continued to the
meeting of May 28, 1996.
8-A: TRANSPORTATION MANAGEMENT PLAN: The ordinance was
presented for second reading and adoption.
Motion by Councilmember Abdo, seconded by Mayor Pro Tem
Greenberg, to adopt Ordinance No. 1847(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 9.16 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO TRANSPORTATION MANAGEMENT," 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
8-B: BUSINESS LICENSES/REGULATORY RESTRICTIONS ON BUSINESS
ACTIVITIES: The ordinance for second reading and adoption
repealing, amending, or adding various sections of Article 6 of
the Santa Monica Municipal Code regarding business licenses and
regulatory restrictions on business activities, as amended and
introduced April 9, 1996, was withdrawn at the request of staff
and continued to the meeting of May 14, 1996.
8-C: PREFERENTIAL PARKING ZONES EE, FF, AND GG: Presented was
an ordinance for introduction and first reading adding Sections
3.08.430, 3.08.440 and 3.08.450 to the Santa Monica Municipal
Code establishing Preferential Parking Zones EE, FF, and GG.
On order of the Mayor, the public hearing was opened. Members
of the public Rich Hendricks and Clare Foster spoke in support
of the Preferential Parking Zones. 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 Mayor Pro Tem
Greenberg, to approve the negative declarations and introduce
for first reading the following ordinances entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 3.08.430 TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH PREFERENTIAL PARKING ZONE EE;"
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 3.08.440 TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH PREFERENTIAL PARKING ZONE FF;" and
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 3.08.450 TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH PREFERENTIAL PARKING ZONE GG," 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 Tem Greenberg, Mayor
Rosenstein
Noes: None
Absent: None
On order of the Mayor, the City Council recessed at 9:09 p.m.,
and reconvened at 9:37 p.m., with all members present.
Motion by Councilmember Holbrook, seconded by Councilmember
Abdo, to hear Item No. 14-F at this time. The motion was
approved on voice vote, Councilmember Genser opposed.
Councilmember Genser stated, for the record, that he voted
against the above motion because he feels that by taking this
action with no notice to the public, members of the public have
been prohibited from speaking on the item.
14-F: OLYMPIC TORCH RELAY BANNERS: Presented was the request
of Mayor Rosenstein to discuss authorizing staff to purchase
and hang Olympic Torch Relay banners along Wilshire Boulevard,
Ocean Avenue, and Main Street and to notify residents of this
event.
Discussion ensued on the need to take action, as the event
occurs this coming weekend; on the cost to purchase and hang
the banners; and, on the fact that the Coca Cola logo appears,
in small letters, on the banners.
Motion by Mayor Rosenstein, seconded by Councilmember Abdo, to
authorize staff to purchase and hang the Olympic Torch Relay
banners along the relay route and authorize staff to notify
residents of this event.
Motion by Councilmember Genser to amend the motion to remove
the banners as soon after the event as possible died for lack
of a second.
The motion was approved by the following vote:
Ayes: Councilmembers Holbrook, Ebner, O'Connor, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: Councilmember Genser
Absent: None
Councilmember Genser stated, for the record, that he voted
against the above motion as he feels that it is inappropriate
to use taxpayer dollars to emblazon the name of a commercial
entity on the public streets, and, if the City's real purpose
is to advertise the event, the banners could be constructed
without the commercial entity's name. In addition,
Councilmember Genser stated that if the banners are going to be
up for three weeks after the event, it furthers the
inappropriateness of the use of public funds for commercial
advertising.
Councilmember Ebner excused herself from the meeting at 10:11
p.m.
9-A: MASTER ENVIRONMENTAL ASSESSMENT: Presented was the staff
report recommending approval of the 1995-96 Master
Environmental Assessment (MEA), the baseline environmental
reference for preparing environmental impact reports and the
reference tool for making decisions about future planning
policies.
The Mayor opened the meeting for public comment. Member of the
public Frank Gruber explained the rationale of the Planning
Commission recommendations. Member of the public Joy Fullmer
expressed her concerns.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to approve the
1995-96 MEA with the incorporation of the changes recommended
in the staff report and appending same to include the raw
numbers for weekend traffic counts in the visitor-serving areas
of the City and include a reference to same in the main body of
the traffic section, and also include a note in the population
section that the City acknowledges that the number is the
resident population but not necessarily the true daytime
population. 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
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to ask staff to study the suggestions of the Planning
Commission and Environmental Task Force, as well as the daytime
population of the City, for possible inclusion in future MEAs.
The motion was unanimously approved by voice vote with
Councilmember Ebner absent.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: The appointments
of members to Boards and Commissions was continued to the
meeting of May 14, 1996.
14-B: ECOLOGICALLY SUSTAINABLE PAPER USE PRACTICES: Presented
was the request of Councilmember Genser to discuss a resolution
regarding ecologically sustainable paper use practices.
The Mayor opened the meeting for public comment. Members of
the public Andrew Koenig, David Wolfberg, Tamar Hurwitz, and
Chris Hatch spoke in support of the proposed resolution.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to adopt the draft resolution as prepared by staff
with the following change: Section 1 to read as follows: "The
City Council of the City of Santa Monica is opposed to the use
of clear-cut British Columbian ancient temperate rainforests
for wooden fiber products."
Substitute motion by Mayor Rosenstein, seconded by Mayor Pro
Tem Greenberg, to adopt the resolution as prepared by staff
with the following change: Section 1 to read as follows: "The
City Council of the City of Santa Monica is opposed to the use
of clear-cutting of coastal temperate old-growth rainforests,
particularly when such actions are for the purpose of
manufacturing paper products;" and adding language that the
City Council calls on the California Public Utilities
Commission to develop methods to minimize the unnecessary
production and distribution of paper telephone books.
Mayor Rosenstein clarified the language of the Proposed Section
1 as follows: "The City Council of the City of Santa Monica is
opposed to clear-cutting for the use of wood and fiber products
derived from coastal temperate rainforests." Mayor Pro Tem
Greenberg withdrew her second.
Substitute motion by Mayor Rosenstein, seconded by
Councilmember Abdo, to adopt the resolution as prepared by
staff with the following change: Section 1 to read as follows:
"The City Council of the City of Santa Monica is opposed to
clear-cutting for the use of wood and fiber products derived
from coastal temperate rainforests," and adding language that
the City Council calls on the California Public Utilities
Commission to develop methods to minimize the unnecessary
production and distribution of paper telephone books. The
substitute 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
By virtue of the above action, Resolution No. 9022(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA URGING RESIDENTS, BUSINESSES AND OTHER
JURISDICTIONS TO ADOPT ECOLOGICALLY SUSTAINABLE PAPER USE
PRACTICES," was adopted as amended.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to extend the meeting past 11:00 p.m. The motion was
unanimously approved by voice vote with Councilmember Ebner
absent.
14-C: SUPPORT/SB1028/KASSENBAUM-KENNEDY HEALTH INSURANCE
REFORM BILL: Presented was the request of Mayor Rosenstein and
Councilmember Genser to discuss adoption of a City Council
resolution in support of Senate Bill 1028, the Kassenbaum-Kennedy Health Insurance Reform Bill, as recommended by the
Commission on Older Americans.
The Mayor opened the meeting for public comment. Member of the
public Joy Fullmer expressed her concerns.
Motion by Councilmember Genser, seconded by Mayor Rosenstein,
to go on record in support of Senate Bill 1028, the Kassenbaum-Kennedy Health Insurance Reform Bill. The motion was
unanimously approved by voice vote with Councilmember Ebner
absent.
14-D: TRANSPORTATION PARTNER/CENTER FOR LIVABLE COMMUNITIES:
Presented was the request of Mayor Rosenstein to discuss
Council support of the City in becoming a Transportation
Partner with the Center for Livable Communities to enhance
mobility and livability through community design, sensible
economics, and technology applications.
Motion by Mayor Rosenstein, seconded by Councilmember Abdo, to
support the City in becoming a Transportation Partner with the
Center for Livable Communities. The motion was unanimously
approved by voice vote with Councilmember Ebner absent.
14-E: TRAVEL FUNDS/PLANNING COMMISSION MEMBERS/LIVABLE
COMMUNITIES CONFERENCE: Presented was the request of
Councilmember O'Connor to discuss providing travel funds for
all Planning Commission members to attend the Livable
Communities Conference on April 26 and 27, 1996, in the City of
San Francisco, sponsored by the Local Government Commission.
Motion by Councilmember O'Connor, seconded by Councilmember
Abdo, to allocate $2,100 in travel funds for three Planning
Commissioners to attend the Livable Communities Conference in
San Francisco. 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
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed
her concerns on various issues.
9-B: CLOSED SESSION: At 11:27 p.m., Council adjourned to
Closed Session for the purpose of conference with legal
counsel:
Existing Litigation:
1. Michael Silliman v. City of Santa Monica, Superior Court
Case No. SC 031628.
2. People et al. v. Seacastle et al., LASC Case No. SS 006
484.
3. McNally v. City of Santa Monica, USDC Case No. CV 95-8634
ER.
4. Foodmaker, Inc. v. City of Santa Monica, Case No. FC
040926.
5. Anticipated Litigation: Two cases
At 12:25 a.m., Council reconvened with all members present
except Councilmember Ebner.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
Greenberg, to approve settlement in the amount of $70,000 in
the case of Michael Silliman v. City of Santa Monica. 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
ADJOURNMENT: At 12:31 a.m., the meeting was adjourned in
memory of Manny Greenhill and John Rehwald.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor