CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 28, 1996
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:35 p.m., on Tuesday, May 28,
1996, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tem Asha Greenberg
Councilmember Judy Abdo
Councilmember Ken Genser
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 John
Adams Middle School Brass Quintet.
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 Councilmember Abdo, seconded by Mayor Pro Tem
Greenberg, 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 Genser, Holbrook, O'Connor, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Ebner
6-A: MINUTES APPROVAL: The City Council minutes of May 14,
1996, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9035(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: CALIFORNIA ARTS COUNCIL LOCAL ARTS EDUCATION PARTNERSHIP
PROGRAM/SANTA MONICA ARTS EDUCATION PLAN: Resolution No.
9036(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING CITY MANAGER TO APPLY FOR GRANT
FUNDS FROM THE CALIFORNIA ARTS COUNCIL LOCAL ARTS EDUCATION
PARTNERSHIP PROGRAM," was adopted.
6-D: AWARD OF CONTRACT/DRAINAGE IMPROVEMENTS/1550 PACIFIC COAST
HIGHWAY: Contract No. 7203(CCS) was awarded to Alton GeoScience
in the amount of $47,325 for construction of drainage
improvements on 1550 Pacific Coast Highway.
6-E: AWARD OF CONTRACT/TRAFFIC SIGNAL MODIFICATIONS: Contract
No. 7204(CCS) was approved with C.T.&F., Inc. in the amount of
$221,385 for the traffic signal modifications at 20th Street
and Arizona Avenue, 20th Street and Colorado Avenue, and 20th
Street and Delaware Avenue.
6-F: GENERAL SERVICES AGREEMENT/COUNTY OF LOS ANGELES: Contract
No. 7205(CCS) was approved with Los Angeles County for services
including, but not limited to, street maintenance, health
services, tract map checking, and engineering.
6-G: CONTRACT/LANDFILL GAS MONITORING/BERGAMOT PROPERTY:
Contract No. 7206(CCS) was approved with Arthur D. Little in
the amount of $37,880 to conduct landfill gas monitoring at the
City-owned Bergamot property located at 2341 Michigan Avenue.
END OF CONSENT CALENDAR
7-A: APPEAL 96-004/CUP 95-017/DRIVE-UP WINDOW/JACK-IN-THE-BOX/2025 LINCOLN BOULEVARD: 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 was continued to the
meeting of June 11, 1996.
7-B: APPEAL 95-016/CUP 95-016/DRIVE-UP WINDOW/JACK-IN-THE-BOX/2423 WILSHIRE BOULEVARD: 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 was continued to the meeting of June 11, 1996.
8-A: ORDINANCE/BUSINESS LICENSES/REGULATORY RESTRICTIONS ON
BUSINESS ACTIVITIES: This ordinance was presented for second
reading and adoption.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
O'Connor, to adopt on second reading Ordinance No. 1851(CCS)
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," reading by title only and waiving further
reading thereof. 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
8-B: ORDINANCE/FIREARMS DEALERSHIPS: Presented was an 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.
On order of the Mayor, the public hearing was opened. Member
of the public Joy Fullmer expressed her concerns. Member of
the public Kelly Olsen spoke in support of the proposed
ordinance. There being no other speakers, the Mayor closed the
public hearing.
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to introduce the ordinance as presented and request staff to
return with an amendment with the effective date to be the
earliest legally possible to limit the amount of expansion in
the grandparented dealerships.
Councilmember Genser withdrew his motion in order to trail this
item until after the break, during which time appropriate
language will be formulated.
8-C: ORDINANCE/EARTHQUAKE DAMAGED STRUCTURES: Presented was an
ordinance for introduction and first reading of an Interim
Ordinance of the City Council of the City of Santa Monica
allowing demolition of earthquake damaged structures without a
replacement plan; and adoption of a Resolution of Intention
directing the Planning Commission to initiate the Zoning
Ordinance Amendment process.
On order of the Mayor, the public hearing was opened. Member
of the public Joy Fullmer expressed her concerns. There being
no other speakers, the Mayor closed the public hearing.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Holbrook, to introduce for first reading an interim ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ALLOWING DEMOLITION OF EARTHQUAKE DAMAGED STRUCTURES
WITHOUT A REPLACEMENT PLAN ON AN INTERIM BASIS," 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
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Holbrook, to adopt Resolution No. 9037 entitled: "A RESOLUTION
OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DIRECTING THE PLANNING COMMISSION TO INITIATE A TEXT AMENDMENT
OF THE COMPREHENSIVE LAND USE AND ZONING ORDINANCE OF THE CITY
OF SANTA MONICA REGARDING DEMOLITION PERMITS." 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
8-D: ORDINANCE/ABATEMENT OF PUBLIC NUISANCES: Presented was an
ordinance for introduction and first reading of an Ordinance of
the City Council of the City of Santa Monica amending Chapters
2.32 and 8.12 of the Santa Monica Municipal Code relating to
abatement of public nuisances and to the use of subpoenas by
hearing examiners and boards and commissions.
On order of the Mayor, the public hearing was opened. Member
of the public Joy Fullmer expressed her concerns. There being
no other speakers, the Mayor closed the public hearing.
On order of the Mayor, this item was tabled until after the
City Council break.
10-A: PUBLIC HEARING/ANNUAL STREET RESURFACING PROGRAM:
Councilmembers Holbrook and Genser advised of a potential
conflict of interest relative to this issue and were excused at
8:48 p.m.
Presented was the public hearing to hear protests from affected
property owners, and to confirm assessment of costs for the FY
1994-95 annual street resurfacing program and appurtenant work
on various city streets. Fifteen written protests were
acknowledged, one of which resulted in the correction of a
charge.
On order of the Mayor, the public hearing was opened. Members
of the public Joseph Mikail, Dolores McGinty, and John Hodgson
presented protests relative to damage being caused by the root
systems of the trees planted by the City, to the high cost of
the assessments, and to the hardship of having to pay the full
amount of the proposed assessment..
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to hear late speakers. The motion was unanimously
approved by voice vote, Councilmembers Ebner, Genser, and
Holbrook absent.
Member of the public Jian-Ming Woh presented his protest to the
proposed assessment. Member of the public Joy Fullmer expressed
her concerns.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
O'Connor, to hear another late speaker. The motion was
unanimously approved by voice vote, Councilmembers Ebner,
Genser, and Holbrook absent.
Member of the public John Smith presented his protest to the
proposed assessment.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to acknowledge protests and adopt the Resolution
confirming the assessed costs.
Motion by Mayor Pro Tem Greenberg, seconded by Mayor
Rosenstein, to hear a late speaker. The motion was unanimously
approved by voice vote, Councilmembers Ebner, Holbrook, and
Genser absent.
Member of the public Madelynn Kopple presented her protest to
the proposed assessment.
Discussion ensued regarding some of the concerns raised in the
written and oral protests alleging that damage to the sidewalks
is caused by the root system of the trees the City plants, and
that the problem is a reoccurring problem; and, as to what
options might be available to assist residents with a payment
schedule in order to provide some relief.
Motion by Councilmember Abdo, accepted as friendly by seconder,
to remove Mr. Joseph Mikail's property, located at 2218 22nd
Street, from the assessment for separate consideration and
direct staff to review the issues raised by Mr. Mikail during
the public hearing.
Motion by Councilmember O'Connor, accepted as friendly, to add
to the motion that, in line with current policy, the actual
cost be charged rather than the $150 minimum in the event that
the actual cost is less. The motion, as amended, was approved
by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Mayor Pro Tem
Greenberg,
Mayor Rosenstein
Noes: None
Absent: Councilmember Ebner, Holbrook, Genser
By virtue of the above action, Resolution No. 9035(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING THE ASSESSMENT MAP (DIAGRAM) AND CONFIRMING
ASSESSED COSTS FOR CONCRETE GUTTER CONSTRUCTION, STREET
RESURFACING AND THE REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS AND
CURBS, AND THE REMOVAL OF DAMAGED PARKWAY PAVINGS AND
APPURTENANT WORK ON VARIOUS CITY STREETS IN CONJUNCTION WITH
THE FY1994-95 STREET RESURFACING PROGRAM," was adopted as
amended.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to direct staff to quickly develop some solutions,
including the possibility of having a payment schedule, and to
review issues dealing with recurring sidewalk repairs and
costs. The motion was unanimously approved by voice vote,
Councilmembers Ebner, Holbrook, and Genser absent.
On order of the Mayor, the City Council recessed at 8:44 p.m.,
and reconvened at 9:14 p.m., with all members present except
Councilmember Ebner.
8-B: ORDINANCE/FIREARMS DEALERSHIPS (RESUMED):
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING AND ADDING VARIOUS SECTIONS OF CHAPTER 3.24 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO FIREARMS DEALER PERMITS
AND GUN SHOWS AND ADDING AND AMENDING VARIOUS SECTIONS OF THE
ZONING ORDINANCE TO ESTABLISH A DEFINITION OF AND THE PERMITTED
LOCATION FOR FIREARMS DEALERSHIPS IN THE CITY," amended to
create Section 3.24.085 to read: "If an existing firearm
dealership increases its firearms or munitions display area
over that which it maintained on the effective date of this
ordinance, the firearm dealership shall no longer be considered
a legal, non-conforming use. Such firearm dealership shall
forthwith comply with all requirements of this ordinance,"
reading by title only and waiving further reading thereof. 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
8-D: ORDINANCE/ABATEMENT OF PUBLIC NUISANCES (RESUMED):
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTERS 2.32 AND 8.12 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO THE ABATEMENT OF PUBLIC NUISANCES AND TO THE
USE OF SUBPOENAS BY HEARING EXAMINERS AND BOARDS AND
COMMISSIONS," amended to include a new Section 8.12.080(f) to
read: "A statement that any interested member of the public will
be given the opportunity to present testimony or other evidence
regarding the alleged public nuisance at the hearing conducted
by the Nuisance Abatement Board or hearing examiner;" with
subsequent subparagraphs re-lettered, reading by title only and
waiving further reading thereof. 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:
13-A: SUZANNE BREWER/BOBBY SOX LEAGUE OF SANTA MONICA: Suzanne
Brewer, Bobby Sox League of Santa Monica, did not appear to
make her request to address Council regarding the concession
stand at Memorial Park and, there being no objections, the item
was received and filed.
13-B: LINDA GROSS/SANTA MONICA-MALIBU EDUCATION FOUNDATION/
RECOGNITION OF FINANCIAL CONTRIBUTORS TO PUBLIC EDUCATION/
RECOGNITION OF HIGH ACHIEVING STUDENTS: Presented was the
request of Linda Gross, President of Santa Monica-Malibu
Education Foundation, requesting Council's approval of a
recognition project on the Promenade for recognition of
financial contributors to public education, and recognition of
high achieving students.
The Mayor opened the meeting for public comment. Members of
the public Ron Cano, Herb Katz, Ralph Mechur, Harlan Dorin, Ann
Greenspun, Dorothy Chapman, Margaret Franco, Neil Schmidt,
Linda Engel, and Joyce Smith spoke in support of the proposed
project. Member of the public Dennis Zane spoke in support of
the project; however, conveyed his reservations about some of
the specifics and suggested a compromise approach. Member of
the public Maya Emsden spoke in support of the project;
however, expressed concern with the process.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to direct staff to work with the Santa Monica-Malibu
Education Foundation, the Bayside District Corporation, the
Arts Commission, and any other concerned group, to return with
a process that includes having a fundraising event for the
public schools of Santa Monica, focused around an art piece in
the Promenade in September, and that there be a jury involved
in selecting the artist; in addition, to move forward as
quickly as possible; and, that the City Manager's office
oversee the process.
Motion by Councilmember Abdo, accepted as friendly by the
seconder, to ensure that the City Attorney is involved in the
process from the beginning.
The motion, as amended, was unanimously approved by voice vote,
Councilmember Ebner absent.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Rosenstein
announced that the floor would consider nominations to the
Social Services Commission. Councilmember Abdo nominated
Jennafer Waggoner. Mayor Rosenstein nominated Anthony Ephraim.
There being no further nominations, nominations were closed.
On a call for the vote, there was a tie with no one achieving
the necessary four votes. Councilmember Holbrook changed his
vote resulting in the appointment of Jennafer Wagonner to the
Social Services Commission for an unexpired term ending June
30, 1999.
14-B: MEMORIAL SITE IN HONOR OF FORMER MAYOR CHRISTINE REED:
Presented was the request of Councilmember Holbrook and Mayor
Rosenstein to direct staff to research options for naming a
suitable memorial site, including the possible renaming of
Lincoln Park, in honor of former Mayor Christine Reed.
Motion by Councilmember Holbrook, seconded by Mayor Rosenstein,
to ask staff to research options for naming a suitable memorial
site in honor of former Mayor Christine Reed, and the
appropriate procedure to follow. The motion was unanimously
approved by voice vote, Councilmember Ebner absent.
14-C: APPOINTMENT/REPRESENTATIVE/METROPOLITAN WATER DISTRICT
BOARD:
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Greenberg, to publish this appointment in the same manner as if
it were a Board or Commission appointment. The motion failed
by voice vote with Councilmembers Holbrook, O'Connor, Abdo, and
Mayor Rosenstein opposed, Councilmember Ebner absent.
Councilmember Holbrook nominated Councilmember Abdo, second by
Councilmember O'Connor, to serve as the representative to the
Metropolitan Water District Board for an indefinite term with
Mark Gold as the unofficial alternate. The motion was approved
by voice vote, Councilmember Genser opposed, Councilmember
Ebner absent.
Councilmember Genser stated, for the record, that he is not
necessarily opposed to the people selected; however, he
believes it is wrong to make these appointments without
inviting the public to apply for them.
15: PUBLIC INPUT: Member of the public Walt Davis expressed
concern with the increased volume of noise by performers at the
Promenade. Member of the public Joy Fullmer expressed her
concerns with various issues.
9-A: CLOSED SESSION: At 11:06 p.m., Council adjourned to
Closed Session for the purpose of conference with legal
counsel:
1. Anticipated litigation: one case
2. Existing Litigation: Foodmaker, Inc. v. City of Santa
Monica, Case No. FC 040926
No formal action was taken on the closed sessions.
ADJOURNMENT: At 11:14 p.m., the City Council reconvened and
then adjourned in memory of the late Mr. Frank Moody.
ATTEST: APPROVED:
Maria M. Stewart Paul
Rosenstein
City Clerk Mayor