CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 11, 1996
A regular meeting of the Santa Monica City Council was called
to order by Mayor Rosenstein at 6:37 p.m., on Tuesday, June 11,
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
Councilmember Robert T. Holbrook
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 Wood Quintet.
4-A: INTRODUCTION/HANS NILSSON: Mayor Rosenstein introduced Mr.
Hans Nilsson, Director of Energy Efficiency Programs for the
Swedish Energy Ministry.
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-I was removed due to a
potential conflict of interest. Member of the public Joy
Fullmer discussed items on the Consent Calendar.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to approve the Consent Calendar, with the exception
of Item No. 6-I, reading resolutions 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
6-A: MINUTES APPROVAL: The City Council minutes of May 28,
1996, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9039(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: AWARD OF CONTRACT/CIVIC AUDITORIUM ACCESSIBILITY
IMPROVEMENTS: Contract No. 7207 was awarded to Des/Mar
Construction, in the amount of $160,500, for construction of
Civic Auditorium accessibility improvements and minor repairs.
6-D: AWARD OF CONTRACT/P & J UTILITY/WATER MAIN REPLACEMENT
PROGRAM: Contract No. 7208 was awarded to P & J Utility
Company, in the amount of $528,364, for the FY 1995-96 Water
Main Replacement Program at various City locations.
6-E: STREETLIGHTS: Resolution of Intention 9021(CCS) was
amended setting a public hearing and declaring the City's
intention to assess property owners for costs and issue bonds
as security for unpaid assessments for the installation of
streetlights. The amendment changed the public hearing date
from July 9, 1996 to August 13, 1996, in order to meet
necessary notification deadlines.
6-F: TRANSPORTATION PARTNER: Resolution No. 9040(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
IDENTIFYING SANTA MONICA AS A TRANSPORTATION PARTNER WITH THE
LOCAL GOVERNMENT COMMISSION'S CENTER FOR LIVABLE COMMUNITIES,"
was adopted.
6-G: ANNUAL REPORT ON COMPLIANCE/CALIFORNIA REVENUE AND
TAXATION CODE/RENTAL HOUSING CODE ENFORCEMENT: The Annual
Report on Compliance with California Revenue and Taxation Code
Section 17274 regarding rental housing code enforcement for
calendar year 1995 was adopted.
6-H: AWARD OF BID/DIESEL EXHAUST MITIGATION EQUIPMENT: Bid
awarded to Ward Diesel Filter Systems, Inc., in the amount of
$160,488.20, to furnish, deliver and install diesel exhaust
mitigation equipment on sixteen (16) heavy fire apparatus.
6-J: AWARD OF BID/STEP VAN MOUNTED TELEVISION SYSTEM: Bid No.
2566 was awarded to Sreco-Flexible, Inc., in the amount of
$84,037.73, to furnish and deliver one (1) step van mounted
television system (sewer line inspection).
6-K: AWARD OF BID/TRASH RECEPTACLES AND ANCHOR BOLTS: Bid was
awarded to Keystone Ridge Design, Inc., in the amount of
$52,205.73 to furnish and deliver trash receptacles and anchor
bolts for the Solid Waste Division.
6-L: AWARD OF BID/BIN LIDS: Bid was awarded to Rotonics Molding
Industries, at an estimated annual cost of $35,000 to furnish
and deliver marlex double wall two yard bin lids model 3142R
for the Solid Waste Division.
END OF CONSENT CALENDAR
6-I: AWARD OF CONTRACT/TRAFFIC SIGNALS: Councilmember Genser
advised of a potential conflict of interest relative to this
issue and was excused at 6:54 p.m.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Holbrook, to award Contract No. 7209 to C. T. & F., Inc., the
lowest responsible bidder, in the amount of $131,715 for the
modification of eight intersection traffic signals along Main
Street and Neilson Way. The motion was approved by the
following vote:
Ayes: Councilmembers Holbrook, Ebner, O'Connor, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Genser
Councilmember Genser returned to the dias at 6:56 p.m.
7-A: APPEAL/CUP 95-017/DRIVE-UP WINDOW/JACK-IN-THE-BOX
RESTAURANT/ 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 25, 1996.
7-B: APPEAL/CUP 95-016/VAR 95-033/DRIVE-UP WINDOW/JACK-IN-THE-BOX RESTAURANT/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 25,
1996.
7-C: APPEAL/CUP 95-007/DESIGN MODIFICATION/MODIFIED FEES/
RESIDENTIAL CONDOMINIUM PROJECT/1043-1045 11TH STREET:
Presented was 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. Applicant: Iraj Sarvian;
Appellant: Eric Parlee.
Mehrdad Farivar, representing applicant Iraj Sarvian, spoke in
support of the appeal and in opposition to the modified fees.
The Mayor opened the meeting for public comment. Member of the
public Jay Johnson urged Council to uphold the full in-lieu fee
and support staff recommendation to maintain the proper step-back structure. Member of the public Joy Fullmer expressed her
concerns.
Mehrdad Farivar and Iraj Sarvian presented a rebuttal.
At 7:43 p.m., Council adjourned to Closed Session to discuss
potential litigation in this matter, and reconvened at 7:48
p.m., with all members present.
Mayor Rosenstein announced that this item will be continued to
the meeting of July 9, 1996.
8-A: ORDINANCE/FIREARMS DEALERSHIPS: This ordinance was
presented for second reading and adoption.
Councilmember Ebner excused at 7:49 p.m.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Abdo, to adopt Ordinance No. 1852(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/EARTHQUAKE DAMAGED STRUCTURES: This ordinance
was presented for second reading and adoption.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Holbrook, to adopt Ordinance No. 1853(CCS) 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
Councilmember Ebner returned to the dias at 7:52 p.m.
8-C: ORDINANCE/ABATEMENT OF PUBLIC NUISANCES: This ordinance
was presented for second reading and adoption.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to adopt Ordinance No. 1854(CCS) 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," 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
9-B: CULTURAL ARTS MASTER PLAN UPDATE: Presented was the staff
report recommending adoption of the 1996 Santa Monica Cultural
Arts Master Plan Update, Mission Statement and Goals; and,
direction to staff to implement recommendations which are
within available resources.
On order of the Mayor, the public hearing was opened. Member
of the public Joy Fullmer expressed her concerns. Members of
the public Harriette McCauley, Matt Kramer, Chris DeCarlo, Tom
Rhoads, Christina Fernandez-Carol, Leigh Curran, Jascha
Kessler, Clayton Campbell, Cecilia Bresnahan, Alice Fellows,
Dorothy Chapman, and Bruria Finkel spoke in support of the
arts. Members of the public Jean Ann Holbrook and Donna
Alvarez commented on the master plan.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to hear a late speaker. The motion was unanimously
approved by voice vote.
Member of the public Brian Hutchings discussed current data
that correlates higher test scores with students who
participate in the arts.
There being no other speakers, the Mayor closed the public
hearing. The remainder of this item was continued to the
meeting of July 9, 1996.
On order of the Mayor, the City Council recessed at 9:13 p.m.,
and reconvened at 9:45 p.m., with all members present.
9-C: PUBLIC SAFETY FACILITY: Presented was the Status Report on
proposed construction of the Public Safety Facility.
On order of the Mayor, the public hearing was opened. Member
of the public Joy Fullmer expressed her concerns. Member of
the public Tom Francis suggested evaluating neighborhood-oriented substations rather than having the entire police
department in one facility. Member of the public Eric Parlee
spoke in support of the proposed public safety facility. There
being no other speakers, the Mayor closed the public hearing.
No action was taken. The report was received and filed.
13-A: E. TONY SADEGHI/VENDING OF ICE CREAM: Mr. E. Tony
Sadeghi, who had requested to address the City Council
regarding a petition from students and parents to allow the
vending of ice cream at the rear of Franklin Elementary School
and Lincoln Middle School, and Section 6.24.690 of the
Municipal Code which prohibits vending within two hundred feet
of a public school was not in attendance.
14-A: PROHIBITION OF SITTING OR LYING DOWN ON PUBLIC SIDEWALKS/
COMMERCIAL AREAS: Presented was the request of Mayor Pro Tem
Greenberg to discuss an ordinance that would prohibit sitting
or lying down on public sidewalks in commercial areas between
designated hours and limiting hours of use of public art
display areas in the Third Street Promenade.
The Mayor opened the meeting for public comment. Members of
the public Dan Ehrler and Eric Parlee spoke in support of the
proposed ordinance. Members of the public Tom Francis, Brian
Hutchings, and Jerry Rubin spoke in opposition to the proposed
ordinance. Member of the public Merlyn Ruddell discussed a
similar ordinance from Seattle and made suggestions for the
proposed ordinance.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to continue the meeting past 11:00 p.m. The motion
was unanimously approved by voice vote.
Members of the public Jodie Page and Ron Cano spoke in support
of the proposed ordinance.
Motion by Councilmember Holbrook, seconded by Councilmember
Ebner, to ask staff to review the discussion held this evening,
return with recommendations to address the matter, and, if
appropriate, prepare relevant ordinances.
Motion by Councilmember Genser, accepted as friendly, to also
include that staff investigate and implement any short-term
administrative options and, if appropriate, any programmatic
options which might be of assistance. The motion, as amended,
was unanimously approved by voice vote.
14-B: OPPOSITION/"GUN PACKING" BILL: Presented was the request
of Mayor Rosenstein to discuss the adoption of a resolution in
opposition to AB 638, known as the "Gun Packing" bill, which
will affect the discretion of a police chief or a sheriff to
issue a concealed weapons permit.
Motion by Mayor Rosenstein, seconded by Mayor Pro Tem
Greenberg, that the City Council go on record in opposition to
AB 638, known as the "Gun Packing" bill and authorize staff to
convey said feelings to the legislature. The motion was
unanimously approved by voice vote.
15: PUBLIC INPUT: Member of the public Michael Friedman urged
that care be taken with Item No. 14-A, above.
CLOSED SESSION: At 11:11:50 p.m., Council adjourned to Closed
Session for the purpose of conference with Labor Negotiator:
1. City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Administrative Team Associates (ATA)
Executive Pay Plan (EPP)
Legal Support Staff Association of
Santa Monica
(LSSASM)
Management Team Associates (MTA)
Municipal Employees Association
(MEA)
Public Attorneys Union (PAU)
Santa Monica Firefighters Local 1109
(SMFFA)
Santa Monica Police Officers
Association (SMPOA)
Supervisors Team Associates (STA)
United Transportation Union (UTU)
2. Conference with Legal Counsel - Existing Litigation:
Foodmaker, Inc. v. City of Santa Monica, Case No. FC
040926.
No action taken on the closed session.
ADJOURNMENT: At 1:15 a.m., the City Council reconvened and
then adjourned.
ATTEST: APPROVED:
Maria M. Stewart Paul
Rosenstein
City Clerk Mayor