CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 14, 1996
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:38 p.m., on Tuesday, May 14,
1996, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tem Asha Greenberg
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember Ruth Ebner
Councilmember Pamela O'Connor
Absent: Councilmember Robert T. Holbrook
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Councilmember O'Connor 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 cast
members of Santa Monica High School's production of Peter Pan.
4-A: PROCLAMATION/HISTORICAL PRESERVATION WEEK/MAY 12-18, 1996:
Mayor Rosenstein presented a proclamation declaring May 12-18,
1996, as "Historical Preservation Week" in the City of Santa
Monica.
4-B: PROCLAMATION/TRY TRANSIT WEEK/MAY 13-17, 1996: Mayor
Rosenstein presented a proclamation to Lewis Kelly, the most
senior driver with the Santa Monica Bus Lines with 33 years of
service, declaring May 13-17, 1996, as "Try Transit Week" in the
City of Santa Monica.
4-C: PROCLAMATION/PUBLIC WORKS WEEK/MAY 19-25, 1996: Mayor
Rosenstein presented a proclamation declaring May 19-25, 1996,
as "Public Works Week" in the City of Santa Monica.
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.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Abdo, to approve the Consent Calendar, reading resolutions 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
6-A: MINUTES APPROVAL: The City Council minutes of April 9
and 23, 1996, were approved as submitted.
6-B: ORDINANCE/PREFERENTIAL PARKING ZONES EE, FF, AND GG:
Ordinance No. 1848(CCS) 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," was adopted;
Staff Report
Ordinance No. 1849(CCS) entitled: "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," was adopted;
Ordinance No. 1850(CCS) entitled: "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," was adopted.
6-C: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9023(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-D: ACCEPT CANVASS OF VOTES/PROPOSITION L/PROPOSITION M:
Resolution No. 9024(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA RECITING THE FACT OF THE
CONSOLIDATED SPECIAL MUNICIPAL ELECTION HELD ON MARCH 26, 1996,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW,"
was adopted thereby accepting the canvass of the votes on
Proposition L and Proposition M, as certified by the Los
Angeles County Registrar-Recorder, of the special Municipal
Election consolidated with the Statewide Primary held on March
26, 1996.
Staff Report
6-E: FINAL TRACT MAP NO. 51999/TPC-321/441 RAYMOND: Resolution
No. 9025(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR TRACT NO. 51999 AT 441 RAYMOND AVENUE," was
adopted thereby approving a 10-unit tenant-participating
conversion project at 441 Raymond Avenue.
Staff Report
6-F: FINAL TRACT MAP NO. 51459/TPC-286/1320 PRINCETON STREET:
Resolution No. 9026(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 51459 AT 1320 PRINCETON
STREET," was adopted thereby approving a 22-unit tenant-participating conversion project at 1320 Princeton Street.
Staff Report
6-G: FINAL TRACT MAP NO. 51432/TPC-258/937 FIFTH STREET:
Resolution No. 9027(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 51432 AT 937 FIFTH STREET,"
was adopted thereby approving a 10-unit tenant-participating
conversion project at 937 Fifth Street.
Staff Report
6-H: COMMITMENTS TO ACTION/SECOND UNITED NATIONAL CONFERENCE ON
HUMAN SETTLEMENTS: Resolution No. 9028(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA, UNITED STATES OF AMERICA, EXPRESSING ITS
COMMITMENTS TO ACTION TO PROMOTE LOCAL, REGIONAL AND GLOBAL
SUSTAINABILITY," was adopted thereby expressing Santa Monica's
Commitments to Action to promote sustainability for
presentation at the Second United National Conference on Human
Settlements (Habitat II).
Staff Report
6-I: ALTERNATE ROUTE/U.S. CONSTITUTION DAY PARADE/SEPTEMBER 14,
1996: Resolution No. 9029(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
HOLDING OF A PARADE ON SEPTEMBER 14, 1996 ON A ROUTE OTHER THAN
THE OFFICIAL CITY PARADE ROUTE," was adopted.
Staff Report
6-J: AWARD OF BID/CARPETING/CIVIC AUDITORIUM: Bid #2558 was
awarded to Continental Flooring Co. In the amount of $20,913.90
to furnish and deliver carpeting for the Civic Auditorium
(Events Facilities Division of the Community and Cultural
Services Department).
Staff Report
6-K: AWARD OF BID/AMBULANCE: Bid #2563 was awarded to Ackerman
Emergency Equipment, Inc. In the amount of $84,183.08 to
furnish and deliver a 1996 type III, slant side modular
ambulance mounted on a new and unused 1996 Ford cut-away 10,000
GVW chassis for the Fire Suppression and Rescue Division, Fire
Department.
Staff Report
6-L: PROFESSIONAL SERVICES CONTRACT/MAIN LIBRARY MASTER
PLAN/DESIGN PLANS AND SPECIFICATIONS/PHASE I - INTERIOR REMODEL
OF THE MAIN LIBRARY: Contract No. 7202(CCS) was approved with
Hardy Holzman Pfieffer in an amount not to exceed $150,000 for
Main Library Master Plan and Design Plans and Specifications
for Phase I - Interior Remodel of the Main Library.
Staff Report
6-M: CERTIFICATION/STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 95-022/VARIANCE 95-029/1810 OCEAN AVENUE: The Certificate of
Statement of Official Action for appeal of the Planning
Commission approval of Conditional Use Permit 95-022 and
Variance 95-029 at 1810 Ocean Avenue was approved.
Staff Report
6-N: CONTRACT RENEWAL/WILLDAN ASSOCIATES/SUPPLEMENTAL STAFFING:
The City Manager was authorized to negotiate and execute a
contract renewal for an amount not to exceed $220,848 with
Willdan Associates to continue providing supplemental staffing
for the Resource Management Department to manage the
Multifamily Earthquake Repair Loan (MERL) Program.
Staff Report
6-O: AWARD OF BID/VIDEO EQUIPMENT: Bid #2565 was awarded to
Hoffman Video System in the amount of $45,199.79 to furnish and
deliver video equipment for the Cable Television Division,
Office of the City Manager.
Staff Report
6-P: FIREWORKS/PACIFIC PARK/GRAND OPENING: The request of
Pacific Park to have fireworks associated with their grand
opening to be held on June 28, 1996, was approved.
Staff Report
6-Q: BUDGET STUDY SESSIONS: The recommended schedule of budget
study sessions for June 3, 4, and 5, 1996, and adoption of the
FY 96-97 City budget for June 25, 1996, was approved.
Staff Report
6-R: STAND FOR CHILDREN DAY/JUNE 1, 1996: Resolution No.
9030(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROCLAIMING JUNE 1, 1996, AS "STAND FOR
CHILDREN DAY" IN THE CITY OF SANTA MONICA," was adopted.
Staff Report
END OF CONSENT CALENDAR
7-A: APPEAL/CUP 95-007/1043-1045 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 June 11, 1996.
8-A: ORDINANCE/BUSINESS LICENSES/REGULATORY RESTRICTIONS ON
BUSINESS ACTIVITIES: Presented was an ordinance for
introduction and first reading repealing, amending, or adding
various sections of Article 6 of the Santa Monica Municipal
Code regarding business licenses and regulatory restrictions on
business activities.
Staff Report
On order of the Mayor, the public hearing was opened. Member
of the public Charles Goldwasser requested a delay of the
implementation of the ordinance in order to allow the
automobile dealership adequate time to pay their increased
fees. 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
O'Connor, to not introduce the ordinance as presented and to
direct staff to return as quickly as possible with an analysis
and options with regard to automobile dealership taxation, at
least one of the options being that they be treated as any
other retail business.
Substitute motion by Mayor Pro Tem Greenberg, seconded by Mayor
Rosenstein, to introduce the ordinance as presented and ask
staff to return by September 1996 with a complete analysis of
the automobile dealership issue, including an analysis of the
issue of lifting the cap for automobile dealerships, relating
the consequences of doing same and providing choices. The
substitute 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
By virtue of the above action an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REPEALING EXISTING CHAPTERS 6.20 AND 6.24, AMENDING, REPEALING
OR ADDING VARIOUS SECTIONS OF CHAPTERS 6.04, 6.08, 6.16, 6.28,
6.32, 6.36, 6.44, 6.48, 6.84, 6.88 AND 6.92 AND ADDING NEW
CHAPTERS 6.14 AND 6.46 TO ARTICLE 6 OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO REGULATORY RESTRICTIONS ON BUSINESS
ACTIVITIES," was introduced for first reading by title only,
waiving further reading thereof.
8-B: ORDINANCE/FIREARMS DEALERSHIPS: The ordinance for
introduction and first reading amending Section IX of the Santa
Monica Municipal Code to add a definition for firearms
dealerships; to amend the purpose section of the M1 District;
to amend the M1 section to establish firearms dealerships as a
conditionally permitted use; to amend the prohibited uses
section of the RVC, BCD, BSC, C2, C3, C3-C, C4, C5, C6, CM, CP
and LMSD Zones to add firearms dealerships; to amend the home
occupation permit section to prohibit firearms dealerships;
and, to amend Chapter 3.24 of the Santa Monica Municipal Code
to regulate firearms dealerships will be considered at the
meeting of May 28, 1996.
9-A: RESOLUTIONS/WATER AND WASTEWATER RATES/WATER SURCHARGE:
Presented was the staff report recommending the adoption of
resolutions on proposed water and wastewater rates, and on the
proposed water surcharge.
Staff Report
The Mayor opened the meeting for public comment. Member of the
public Joy Fullmer expressed her concerns. Member of the
public John Jurenka spoke in opposition to the proposed water
and wastewater rates and the proposed water surcharge.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to adopt Resolution No. 9031(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING THE CITY'S SEWER RATE STRUCTURE," reading by title only
and waiving further reading thereof. The motion was approved
by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Genser, Mayor
Rosenstein
Noes: Councilmember Ebner, Mayor Pro Tem Greenberg
Absent: Councilmember Holbrook
Councilmember Ebner stated, for the record, that although she
is a strong supporter of water conservation, she does not
believe that this rate structure adequately addresses one of
the stated goals, i.e., conserving water; therefore, although
she thoroughly supports the principle, she does not think that
this resolution does what it purports to do.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to adopt Resolution No. 9032(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING THE CITY'S WATER RATE STRUCTURE," reading by title only
and waiving further reading thereof.
Discussion ensued relative to having a process to address
customers who take all reasonable measures to conserve water
but still fall under the third tier for water use.
Councilmember Abdo set-aside the above motion pending language
by the City Attorney to allow for a remedy.
On order of the Mayor, the City Council recessed at 8:55 p.m.,
and reconvened at 9:20 p.m., with all members present except
Councilmember Holbrook.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to adopt Resolution No. 9033(CCS) revising the City's
water rate structure by establishing a water surcharge.
Motion by Mayor Rosenstein to amend the motion to make it clear
that any recovered expenses will be rebated or credited to the
users. The amendment was accepted as friendly.
Councilmember Abdo clarified her motion as follows: to adopt
Resolution No. 9033(CCS) revising the City's water rate
structure by establishing a water surcharge and amending same
to add a second sentence to SECTION 2 to read as follows: "The
City will separately account for surcharge revenues;" add a new
SECTION 3 to read as follows: "Any amounts collected in excess
of costs from parties responsible for the contamination will be
refunded or credited to customers of the water enterprise;"
current SECTION 3 will become SECTION 4.
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
The motion for adoption of Resolution No. 9032(CCS) was
returned to the floor.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to adopt Resolution No. 9032(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING THE CITY'S WATER RATE STRUCTURE," reading by title only
and waiving further reading thereof.
Motion by Councilmember Abdo, accepted as friendly by seconder,
to amend the motion that SECTION 6 be revised to read: "The City
will establish administrative remedies consistent with Santa
Monica Municipal Code Section 7.16.080 for those third rate
tier customers who can demonstrate that they have taken all
reasonable water efficiency measures..." The motion was
approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Genser, Mayor
Rosenstein
Noes: Councilmember Ebner, Mayor Pro Tem Greenberg
Absent: Councilmember Holbrook
Councilmember Ebner stated, for the record, that she cannot
support the above action as she does not believe that it will
promote the aim of water conservation. She stated that eighty
percent of water users in the City will not be affected by
this resolution and the remaining 20% of the residents will
have their water bill in some cases doubled and trebled, which
she does not believe is fair.
Mayor Pro Tem Greenberg stated, for the record, that she voted
against the above resolution because she does not believe that
this is the time for the City to restructure its rates in a
manner that imposes a disproportionate burden on the residents
of the City, especially with the surcharge because of the MTBE
contamination.
10-A: ASSESSMENT COSTS/SIDEWALKS/DRIVEWAYS/CURBS/PARKWAY AREAS:
Presented was a public hearing to hear protests and to confirm
assessment costs for repairing damaged sidewalks, driveways,
curbs and removing damaged pavement in parkway areas on various
streets within the City (SR-96-193) and the recommendation to
adopt a resolution confirming the assessment costs. Staff
acknowledged one letter of protest.
Staff Report
On order of the Mayor, the public hearing was opened. Member
of the public Kathy Seal protested being assessed costs for
repairs which were caused by a City-owned street trees and
requested that the ficus trees be replaced due to the damage
they cause. 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 acknowledge the protest and adopt Resolution No.
9034(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CONFIRMING THE ASSESSMENT COSTS AND THE
REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO
DAMAGED SIDEWALKS, DRIVEWAYS, CURBS AND REMOVAL OF DAMAGED
PAVEMENT IN THE PARKWAY AREA ON VARIOUS STREETS (SR-96-193),"
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
10-B: MAIN STREET ASSESSMENT DISTRICT: The public hearing to
hear and acknowledge protests from property owners regarding
the Main Street Assessment District and from business owners
regarding the Main Street Business Improvement Area;
recommendation to adopt a resolution establishing the Main
Street Streetscape Improvement Assessment District; and,
recommendation to introduce for first reading an ordinance
establishing the Main Street Business Improvement Area was
continued to the meeting of October 8, 1996.
13-A: SUZANNE BREWER/BOBBY SOX LEAGUE OF SANTA MONICA: The
request of Suzanne Brewer, Bobby Sox League of Santa Monica, to
address Council regarding the concession stand at Memorial Park
was continued to the meeting of May 28, 1996.
13-B: MARC STERN/PARKING CITATIONS: Presented was the request
of Marc Stern to address Council regarding parking citations
and a request that full-grown trees be replanted to restore the
site at 175 Ocean Park, his residence and property owned by the
City of Santa Monica and managed by the County Housing
Authority of Los Angeles, which recently removed eucalyptus
trees at the location. Council acknowledged receipt of a staff
report advising of actions being taken to address Mr. Stern's
concers. The report was received and filed.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Rosenstein
announced that the floor would consider nominations to the
Social Services Commission. Councilmember Genser nominated
Jennafer Waggoner. There being no further nominations,
nominations were closed. On a call for the vote, the nominee
failed to achieve the required four votes. There being no
other nominations, this appointment was continued to the
meeting of May 28, 1996.
14-B: NOTICE OF VACANCIES/ANNUAL APPOINTMENTS/BOARDS AND
COMMISSIONS: Motion by Mayor Rosenstein, seconded by
Councilmember Abdo, to authorize the City Clerk to publish
Notices of Vacancies for annual appointments to Boards and
Commissions and a vacancy left by the late Commissioner Herman
Rosenstein of the Housing Commission. The motion was
unanimously approved by voice vote with Councilmember Holbrook
absent.
14-C: EXPEDITE NEGOTIATIONS/DIVERSION OF OTHER STORM DRAINS TO
HYPERION TREATMENT FACILITY: Presented was the request of
Councilmember Abdo to discuss directing staff to expedite
negotiations with the City and the County of Los Angeles to
begin diversion of other storm drains in the City of Santa
Monica to the Hyperion Treatment facility.
Motion by Councilmember Abdo, seconded by Councilmember Genser,
to direct staff to negotiate with the City and County of Los
Angeles to begin diverting both the Ashland and the Montana
storm drains in Santa Monica into Hyperion. The motion was
unanimously approved by voice vote with Councilmember Holbrook
absent.
14-D: ANTI-SMOKING LAW: Presented was the request of Mayor
Rosenstein to discuss directing staff to take appropriate
actions to prevent the attempt of the California legislature to
delay implementation of anti-smoking law in bar areas.
Motion by Mayor Rosenstein, seconded by Councilmember Abdo, to
direct staff to take the appropriate actions to communicate
with the California legislature, the governor, and any other
appropriate parties, the importance of implementing the anti-smoking law and not extending the exemptions in the law. The
motion was unanimously approved by voice vote with
Councilmember Holbrook absent.
14-E: PROBLEMS/PARKING/MULTI-FAMILY BUILDINGS: Mayor Rosenstein
postponed this item pending a report from staff addressing the
items which were going to be discussed.
15: PUBLIC INPUT: Member of the public Sheila Wells addressed
Council requesting an additional $12,000 in funding for the
Santa Monica Symphony Orchestra. Ms. Well's request was
received and filed.
9-B: CLOSED SESSION: At 10:14 p.m., Council adjourned to
Closed Session for the purpose of conference with legal
counsel:
Existing Litigation:
1. Foodmaker, Inc. v. City of Santa Monica, Case No. FC
040926.
2. Albert Steichen, et al. V. City of Santa Monica, Case No.
SC 041545.
3. Brooks v. City of Santa Monica, Case No. SC 020823.
4. Gonzalez v. City of Santa Monica, Case No. SC 024132.
At 11:20 p.m., Council reconvened with all members present
except Councilmember Holbrook.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to approve a binding arbitration settlement in the
amount of $50,500 in the case of Gonzalez v. City of Santa
Monica. The motion was approved by the following vote:
Ayes: Councilmembers Ebner, O'Connor, Abdo, Mayor Pro
Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Holbrook
Councilmember Genser was recused from the above vote due to a
potential conflict of interest.
ADJOURNMENT: At 11:20 p.m., the meeting was adjourned in
memory of Christine E. Reed.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor