CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 16, 1996
An adjourned regular meeting of the Santa Monica City Council
was called to order by Mayor Rosenstein at 7:35 p.m., on
Tuesday, July 16, 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
Absent: Councilmember Pamela O'Connor
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.
City Clerk Stewart announced that the filing period for various
elective offices, to be voted on at the November 5, 1996
municipal election, opened yesterday at 8:00 a.m. and the
filing period will end August 9, 1996, at 5:00 p.m. There are
four City Council seats up for election, two Rent Control Board
seats, three seats for the Santa Monica-Malibu Unified School
District Board, and three seats for the College District Board.
There will be an election workshop held Thursday, July 17th, at
12:30 p.m. in the Council Chambers where the election process
and procedures will be reviewed and nomination papers will be
issued to persons interested in filing as a candidate.
SS-1: UPDATE/TOTAL ENERGY SERVICES CONCEPT/PUBLIC SAFETY
FACILITY: A Study Session was conducted wherein an update on
the Total Energy Services Concept for the proposed new Public
Safety Facility was presented by Craig Perkins, Director of
Environmental and Public Works Management, assisted by John
Phillips of the California Energy Coalition and Mark Shunk,
Vice President of Enova Energy, a potential provider of
services.
Councilmembers asked questions of staff relative to long-term
options, the matter of deregulation of the utilities, up front
costs and on-going operating costs, and potential costs and/or
savings to the City. No formal action taken on this matter.
The report was received and filed.
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 John Jurenka spoke in opposition to item 6-B, and
Joi Fullmer discussed items on the Consent Calendar. At the
request of Mayor Pro Tem Greenberg, Item No. 6-B was removed.
At the request of Councilmember Genser, Item No. 6-C was
removed in order that he might ask questions of staff.
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Greenberg, to approve the Consent Calendar, except for items 6-B and 6-C, reading resolutions by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember O'Connor
6-A: PACIFIC PARK GRAND OPENING FIREWORKS CELEBRATION: The
range of dates for Pacific Park's grand opening celebration
fireworks display was approved for a Friday between July 26 and
August 11, 1996, and will coincide with the opening of the
roller coaster. The new date will be subject to staff approval
and be submitted to staff at least 10 days in advance of the
event.
Staff Report
END OF CONSENT CALENDAR
6-B: ACQUISITION, CONSTRUCTION AND COMPLETION/CERTAIN MUNICIPAL
IMPROVEMENTS/PROPOSED PUBLIC SAFETY FACILITY:
Staff Report
Mayor Pro Tem Greenberg asked questions of staff relative to
the amount to be financed and to the method of the financing.
Staff answered questions. Mayor Pro Tem Greenberg restated the
public necessity for the construction of the public safety
building.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to adopt Resolution No. 9058(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION,
CONSTRUCTION AND COMPLETION OF CERTAIN MUNICIPAL IMPROVEMENTS
AND THEIR FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION
BONDS," reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember O'Connor
6-C: CONFLICT OF INTEREST CODE/BAYSIDE DISTRICT CORPORATION:
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Greenberg, to approve the amended Conflict of Interest Code for
the Bayside District Corporation. The motion was approved by
the following vote:
Staff Report
Ayes: Councilmembers Genser, Holbrook, Ebner, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember O'Connor
The Mayor announced that the next two items, 7-A and 7-B, will
be combined and heard concurrently.
7-A: APPEAL/CUP 95-017/DRIVE-UP WINDOW/JACK-IN-THE-BOX/2025
LINCOLN BOULEVARD: The City Attorney presented a summary of the
settlement proposal for 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.
7-B: APPEAL/CUP 95-016/VAR 95-033/DRIVE-UP WINDOW/JACK-IN-THE-BOX RESTAURANT/2423 WILSHIRE BOULEVARD: The City Attorney
presented a summary of the settlement proposal for 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.
On order of the Mayor, the City Council recessed at 8:15 p.m.,
and reconvened at 8:35 p.m., with all members present except
Councilmember O'Connor.
On order of the Mayor, the public hearing was opened. Members
of the public Fred Bakshandeh, Tom Francis, Susan Henderson,
Leon Ferder, Robert Wright, Phyllis Duncan, Judy Silverman,
Allison Velkes, Giok Brandt, Jennifer Silverman, and Donald
Brandt spoke in opposition to the proposed settlement
agreement. Member of the public Andre Cronthal spoke in
support of the proposed settlement agreement. The Mayor closed
the public hearing.
Motion by Councilmember Abdo, seconded by Mayor Pro Tem
Greenberg, to extend the meeting past 11:00 p.m. The motion
was unanimously approved by voice vote, Councilmember O'Connor
absent.
City Attorney Moutrie advised that a closed session would be
held regarding items 7-A and 7-B at the next Council meeting on
July 23, 1996. On order of the Mayor, the hearings were
continued to July 30, 1996.
CLOSED SESSION: Held at end of meeting.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS:
Airport Commission (1) Housing Commission (1)
Architectural Review Board (2) Landmarks Commission
(2)
Arts Commission (5) Plumbing & Mechanical
Board
Bayside District Corporation (4) of Appeals (1)
Building and Safety (1) Social Services Commission
(2)
Commission on the Status of Women (1)
Electrical Board of Appeals (1)
Vacant unexpired terms:
Bayside District Corporation - 1 (exp. 6/30/98)
Housing Commission - 1 (exp. 6/30/98)
Landmarks Commission - 1 (exp. 6/30/98)
The Mayor opened the meeting for public comment. Member of the
public Robert Given requested support for his appointment to
the Airport Commission.
Motion by Councilmember Abdo, seconded by Councilmember Genser,
to make the appointments to the Arts Commission this evening.
The motion was approved by voice vote, Councilmember Ebner
abstaining and Councilmember O'Connor absent.
Mayor Rosenstein announced that the floor would consider
nominations to the Arts Commission. Councilmember Abdo
nominated Mat Kramer, Harriett McCauley, Annette Simmons, Neal
Goldberg, and Larry Shapiro. Councilmember Abdo amended her
nomination to nominate three incumbents: Mat Kramer, Harriett
McCauley, and Annette Simmons. Councilmember Genser moved,
duly seconded, to appoint Mat Kramer, Harriett McCauley, and
Annette Simmons by acclamation to the Arts Commission. The
motion was approved by voice vote, Councilmember Holbrook
opposed, Councilmember Ebner abstaining and Councilmember
O'Connor absent.
Councilmember Abdo nominated Neal Goldberg. There being no
other nominations, nominations were closed. Councilmember Abdo
moved, duly seconded, to appoint Neal Goldberg by acclamation
to the Arts Commission. The motion was approved by voice vote,
Councilmember Holbrook opposed, Councilmember Ebner abstaining,
and Councilmember O'Connor absent.
Councilmember Holbrook stated, for the record, that he is not
voting for Mr. Goldberg because zip code 90402 is nearly
unrepresented in boards and commissions and yet people continue
to be appointed who either do not reside in the City or who
reside outside of zip code 90402 and he does not believe that
this is a very representative boards and commissions system.
Councilmember Abdo nominated Larry Shapiro. Councilmember
Holbrook nominated Elizabeth Bloom. There being no other
nominations, nominations were closed. On a call for the vote,
no one nominee received a majority of votes.
Councilmember Abdo nominated Larry Shapiro. Councilmember
Ebner nominated Elizabeth Bloom. Nominations were withdrawn.
Councilmember Abdo nominated Larry Shapiro. Councilmember
Holbrook nominated Elizabeth Bloom. There being no other
nominations, nominations were closed. No nominee received a
majority of votes. The vacancy was held to July 23, 1996.
The City Clerk asked for clarification as to which of the two
remaining seats, held by Bruria Finkel and Jascha Kessler was
being filled by Mr. Goldberg. The City Clerk was directed to
draw straws and notify the parties involved.
Mayor Rosenstein announced that the floor would consider
nominations to the Housing Commission.
Mayor Rosenstein nominated Loring Emile. There being no other
nominations, nominations were closed. On a call for the vote,
Loring Emile was appointed to the Housing Commission for a full
term expiring June 30, 2000.
One appointment to the Housing Commission was held to the
meeting of July 23, 1996.
A motion was made, duly seconded, to make appointments to the
Bayside District Corporation this evening. The motion failed
by voice vote, Councilmembers Abdo, Genser, and Mayor
Rosenstein opposed.
Appointments to the Airport Commission, Architectural Review
Board, Bayside District Corporation, Building and Safety
Commission, Commission on the Status of Women, Electrical Board
of Appals, Landmarks Commission, Plumbing & Mechanical Board of
Appeals, Social Services Commission, and one appointment to the
Arts Commission and Housing Commission were held to the meeting
of July 23, 1996.
14-B: FIRE SPRINKLERS/SINGLE FAMILY HOMES: Presented was the
request of Councilmember Abdo to direct the Fire Department to
modify the method of implementing the ordinance requiring
sprinklers in single family homes. Motion by Councilmember
Abdo, seconded by Councilmember Genser, to direct staff to
return with a quick report on the method of implementing the
sprinkler ordinance. The motion was unanimously approved by
voice vote, Councilmember O'Connor absent.
Staff Report
15: PUBLIC INPUT: There were no speakers.
Motion by Councilmember Abdo, seconded by Councilmember
Holbrook, to add one case of potential litigation to the Closed
Session. The motion was unanimously approved by voice vote,
Councilmember O'Connor absent.
9-A: CLOSED SESSION: At 12:05 a.m., Council adjourned to Closed
Session for the purpose of conference with Legal Counsel:
1. Conference with Legal Counsel - Existing Litigation: Solie
v. City of Santa Monica, Superior Court Case No. SC
037802.
2. Conference with Legal Counsel - Public Employee
Evaluation:
Employee Title: City Attorney
City Manager
3. Anticipated litigation: One case.
No action taken.
At 1:05 a.m., Council reconvened with all members present
except Councilmember O'Connor.
ADJOURNMENT: At 1:05 a.m., the meeting was adjourned in memory
of Karl Arnold, member of the Mosquito Abatement Board.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor