CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 30, 1996
A regular adjourned regular meeting of the Santa Monica City
Council was called to order by Mayor Rosenstein at 6:32 p.m.,
on Tuesday, July 30, 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
Councilmember Pamela O'Connor
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.
7-A: APPEAL/CUP 95-017/DRIVE-UP WINDOW/JACK-IN-THE-BOX/2025
LINCOLN BOULEVARD: The City Attorney requested that 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 be
continued, at the request of the parties involved, in order to
discuss the matter in Closed Session.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor to hear speakers on this item. The motion was
unanimously approved by voice vote.
The Mayor opened the meeting for public comment. Members of
the public Susan Henderson and Fred Bakshandeh spoke in
opposition to the appeal.
Motion by Councilmember Genser, seconded by Mayor Rosenstein,
to continue this item to the meeting of September 10, 1996, and
directing staff to contact residents in the affected
neighborhoods if the hearing is continued again. Motion
unanimously approved by voice vote.
7-B: APPEAL/CUP 95-016/VAR 95-033/DRIVE-UP WINDOW/JACK-IN-THE-BOX RESTAURANT/2423 WILSHIRE BOULEVARD: The City Attorney
requested that 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
be continued, at the agreement of the parties, in order to
discuss the item in Closed Session.
Motion by Councilmember Genser, seconded by Mayor Rosenstein,
to hear a speaker provided it is not one of the speakers who
spoke on the previous item. The motion was unanimously
approved by voice vote.
The Mayor opened the meeting for public comment. Member of the
public Judy Silverman spoke in opposition to the appeal.
Motion by Councilmember Genser, seconded by Mayor Rosenstein,
to continue this item to the meeting of September 10, 1996, and
directing staff to contact residents in the affected
neighborhoods if the hearing is continued again. Motion
unanimously approved by voice vote.
7-C: APPEAL/CUP 95-007/DESIGN MODIFICATION/MODIFIED FEES/
RESIDENTIAL CONDOMINIUM PROJECT/1043-1045 11TH STREET: The City
Attorney recommended that this item be continued in order to
review in Closed Session a proposal which was received from the
appellant. Motion by Councilmember Genser, seconded by Mayor
Pro Tem Greenberg, to continue 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 to the
meeting of August 13, 1996. The motion was unanimously approved
by voice vote.
Staff Report
8-A: EMERGENCY ORDINANCE/PUBLIC FOUNTAINS/THIRD STREET
PROMENADE: Presented was an emergency ordinance for adoption
adding Section 5.08.600 to the Santa Monica Municipal Code
relating to the use of public fountains on the Third Street
Promenade and declaring the presence of an emergency.
Staff Report
On order of the Mayor, the public hearing was opened. Member
of the public Joi Fullmer expressed her concerns. Members of
the public Steve Brackett and Ron Cano spoke in support of the
proposed ordinance. There being no other speakers, the Mayor
closed the public hearing.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to adopt the proposed emergency ordinance.
Motion by Councilmember Abdo, accepted as friendly, to amend
the ordinance to add language to subsection (c) to allow city
employees access for cleaning and maintenance, and other
related services. The motion, as amended, was approved by the
following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner,
O'Connor, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: None
By virtue of the above action, Emergency Ordinance No.
1858(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 5.08.600 TO THE SANTA
MONICA MUNICIPAL CODE RELATING TO THE USE OF PUBLIC FOUNTAINS
IN THE THIRD STREET PROMENADE AND DECLARING THE PRESENCE OF AN
EMERGENCY," was adopted.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to direct staff to explore the issue of whether any
additional regulations or laws are needed to deal with animals
at large, and with exotic animals on the Promenade with the
Police Department and the Bayside District. The motion was
unanimously approved by voice vote.
8-B: USE OF PUBLIC SIDEWALKS: Presented was an ordinance for
introduction and first reading deleting Santa Monica Municipal
Code Sections 3.12.350, relating to the use of public
sidewalks, and replacing it with a prohibition against sitting
or lying on sidewalks in the Third Street Promenade during
specified hours.
Staff Report
On order of the Mayor, the public hearing was opened. Members
of the public Merlyn Ruddell and Walt Davies spoke in support
of the proposed ordinance and made suggestions for
modifications. Members of the public Barbara Tenzer and West
Hooker spoke in support of the proposed ordinance to be
implemented for the entire Bayside District and made
suggestions for modifications. Member of the public Joi
Fullmer expressed her concerns. Member of the public Steve
Brackett spoke in support of the proposed ordinance to be
applied in a widespread manner in order to address problems
throughout the City and made suggestions for other
modifications. Members of the public Philippe Haleux, Rod
Barshook, and Susan Sherrard spoke in support of the proposed
ordinance. Member of the public Ron Cano requested that this
ordinance be implemented on an emergency basis for the entire
Bayside District and made suggestions for modifications.
Members of the public Jerry Rubin and Jennafer Waggoner spoke
in opposition to the proposed ordinance.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to hear a later speaker. The motion was unanimously
approved by voice vote.
Member of the public John Jurenka spoke in support of the
proposed ordinance to be applied in a widespread manner in
order to address problems throughout the City. There being no
other speakers, the Mayor closed the public hearing.
Motion by Councilmember Ebner, seconded by Councilmember
O'Connor, to hear another late speaker. The motion failed by
voice vote, on a vote of 3-4.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to introduce the ordinance with the following
modifications: change hours from 6:00 a.m. to 8:00 p.m., make
the ordinance applicable not only to sidewalks but also to
roadways, and have the ordinance apply to the entire Bayside
District.
Substitute Motion by Councilmember Ebner, seconded by
Councilmember Holbrook, to abandon the proposed ordinance and
direct the City Attorney to return at the meeting of August 13,
1996, with an emergency ordinance for the Bayside District for
the hours of 6:00 a.m. to 8:00 p.m., including the roadways in
addition to the sidewalks, and reflecting the concerns
expressed this evening.
The motion, as amended, was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Holbrook,
Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: None
On order of the Mayor, the City Council recessed at 8:30 p.m.,
and reconvened at 8:55 p.m., with all members present.
8-C: TENANT HARASSMENT: Presented was an emergency ordinance
for adoption amending Santa Monica Municipal Code Chapter 4.56
relating to tenant harassment and declaring the presence of an
emergency.
Staff Report
On order of the Mayor, the public hearing was opened. Member
of the public Joi Fullmer expressed her concerns. Member of
the public John Jurenka spoke in opposition to the proposed
ordinance. There being no other speakers, the Mayor closed the
public hearing.
Motion by Mayor Rosenstein, seconded by Councilmember O'Connor,
to adopt Ordinance No. 1859(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4.56
OF THE SANTA MONICA MUNICIPAL CODE RELATING TO TENANT
HARASSMENT AND DECLARING THE PRESENCE OF AN EMERGENCY," 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
Motion by Mayor Rosenstein, seconded by Councilmember Genser,
to direct the City Attorney to monitor this law and
periodically report to Council on its implementation, and to be
prepared to make recommendations about how this law can be
improved, if appropriate. The motion was unanimously approved
by voice vote.
9-A: CONCEPT DESIGN PLAN/SOUTH BEACH IMPROVEMENTS/PALISADES
PARK IMPROVEMENTS/BEACH IMPROVEMENT GROUP PROJECT: At 10:17
p.m. Councilmembers Genser and Holbrook declared a potential
conflict of interest relating to the Palisades Park
Improvements. The City Attorney suggested that the proceedings
be segmented and consider hearing a single staff report,
divide consideration of the conceptual plan into parts in order
to remove the portion which presents the conflict. This would
allow Councilmembers Genser and Holbrook to participate in
deliberations which do not impact their interests and they can
leave the dias when the portion of the project that does
involve the conflict is deliberated upon. Presented was the
staff report recommending approval of the Concept Design Plan
for the South Beach Improvements and Palisades Park
Improvements, Phase II of the Beach Improvement Group Project.
Staff Report
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to extend the meeting past 11:00 p.m. The motion was
unanimously approved by voice vote.
The Mayor opened the meeting for public comment. Members of
the public Steve Ford, Russ Saunders, R. Wright, and Bruria
Finkel spoke in support of the design plan. Members of the
public Brian Kline and Rick Horner spoke in general support of
the proposed design plan and offered suggestions for
modifications. Member of the public Michael Cates offered his
expertise as a gymnastics instructor. Member of the public
Susan Henderson urged Council to include a provision that the
trees in the north side of Palisades Park will be retained and
made suggestions for design of benches. Member of the public
Mark Rosenberg discussed the importance of "Chess Park" program.
Member of the public Alec Man suggested that a viewing platform
be constructed for viewing up the coast and expressed various
concerns about planting and the narrow parts of the park.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Abdo, to approve the Concept Design Plan for the South Beach
Improvements, taking into consideration the comments and
concerns expressed this evening. The motion was unanimously
approved by voice vote, Mayor Rosenstein abstaining.
Councilmembers Genser and Holbrook were excused from
deliberations at 11:40 p.m., due to the above-stated potential
conflict of interest.
Councilmember Abdo, seconded by Mayor Pro Tem Greenberg, to
approve the Concept Design Plan for the Palisades Park
Improvements, taking into consideration the comments and
concerns expressed this evening. The motion was approved by
voice vote, Mayor Rosenstein abstained, Councilmembers Genser
and Holbrook absent.
Councilmembers Genser and Holbrook returned to the dias at
11:45 p.m.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Rosenstein
announced that the floor would consider nominations to the
Architectural Review Board.
Mayor Pro Tem Greenberg nominated Howard Laks for the architect
position. Councilmember Abdo nominated Sergio Zeballos. There
being no other nominations, nominations were closed. On a call
for the vote, Sergio Zeballos, professional licensed architect,
was appointed to the architect position on the Architectural
Review Board for a term ending June 30, 2000.
Councilmember O'Connor nominated Jane Spiller for the
architectural analyst position. Councilmember Holbrook
nominated Howard Laks. Mayor Rosenstein nominated Bruria
Finkel. There being no other nominations, nominations were
closed. On a call for the vote, no one nominee received the
necessary four votes. Councilmember Abdo changed her vote to
Spiller. Mayor Rosenstein changed his vote to Laks, resulting
in the appointment of Howard Laks to the architectural analyst
position on the Architectural Review Board for a term ending
June 30, 2000.
Mayor Rosenstein announced that the floor would consider
nominations to the Arts Commission.
Councilmember Abdo nominated Lawrence Shapiro. Councilmember
Holbrook nominated Elizabeth Bloom. There being no other
nominations, nominations were closed. On a call for the vote,
Lawrence Shapiro was appointed to the Arts Commission for a
term ending June 30, 2000.
Mayor Rosenstein announced that the floor would consider
nominations to the Bayside District Corporation.
Mayor Rosenstein nominated Herb Katz and Joel McLafferty.
Councilmember Abdo moved, duly seconded, to reappoint Herb Katz
and Joel McLafferty by acclamation to the Bayside District
Corporation for terms ending June 30, 1999. The motion was
unanimously approved.
Mayor Rosenstein nominated Ann Greenspun, Councilmember Genser
nominated Patricia Hoffman. There being no other nominations,
nominations were closed. On a call for the vote, Ann Greenspun
was appointed to the Bayside District Corporation for a term
ending June 30, 1999, with Councilmembers Genser and O'Connor
voting for Patricia Hoffman. Councilmembers Genser and
O'Connor requested their votes be changed in favor of Ann
Greenspun.
Mayor Rosenstein nominated Tal (Talat) Mirza. Councilmember
Genser nominated Patricia Hoffman. There being no other
nominations, nominations were closed. On a call for the vote,
Tal (Talat) Mirza was appointed to the Bayside District
Corporation for a term ending June 30, 2000. On a call for the
vote, Tal Mirza was appointed to the Bayside District
Corporation for a term ending June 30, 1999, with Councilmember
Genser and Mayor Pro Tem Greenberg voting in favor of Patricia
Hoffman. Councilmember Genser and Mayor Pro Tem Greenberg
requested their votes be changed in favor of Talat Mirza.
Mayor Rosenstein nominated West Hooker for the unexpired term
ending June 30, 1998. Councilmember Genser nominated Patricia
Hoffman. There being no other nominations, nominations were
closed. On a call for the vote, West Hooker was appointed to
the Bayside District Corporation for a term ending June 30,
1998, with Councilmembers Genser and O'Connor voting in favor
of Patricia Hoffman.
Mayor Rosenstein announced that the floor would consider
nominations to the Housing Commission.
Mayor Rosenstein nominated Albert Rosen. Councilmember Abdo
moved, duly seconded, to appoint Albert Rosen to the Housing
Commission by acclamation for a term ending June 30, 1998. The
motion was unanimously approved by voice vote.
Mayor Rosenstein announced that the floor would consider
nominations to the Social Services Commission.
Mayor Rosenstein nominated Anthony Ephriam and Chuck Perliter.
Motion by Councilmember Genser, duly seconded, to appoint
Anthony Ephriam and Chuck Perliter by acclamation to the Social
Services Commission for terms ending June 30, 2000. The motion
was unanimously approved by voice vote.
Appointments to the Airport Commission, Building and Safety
Commission, Commission on the Status of Women, Electrical Board
of Appeals, Landmarks Commission, and Plumbing & Mechanical
Board of Appeals were held until August 13, 1996.
14-B: POLICY OF RECEIVING LATE APPLICATIONS/APPLICANTS
INTERESTED IN MEMBERSHIP/CITY BOARDS AND COMMISSIONS: The
request of Councilmember Ebner to discuss the policy of
receiving late applications from applicants interested in
membership on City boards and commissions was continued to the
meeting of August 13, 1996.
Staff Report
15: PUBLIC INPUT: There were no speakers.
9-A: CLOSED SESSION: At 12:20 a.m., Council adjourned to Closed
Session for the purpose of conference with Legal Counsel, and
reconvened at 12:55 a.m.
Staff Report
1. Conference with Legal Counsel - Existing Litigation: Solie
v. City of Santa Monica, Superior Court Case No. SC
037802.
No action taken.
2. Conference with Legal Counsel - Existing Litigation:
Foodmaker Inc., v. City of Santa Monica, Case No. FC
040926.
No action taken.
3. Conference with Legal Counsel - Anticipated Litigation:
One case.
Motion by Mayor Pro Tem Greenberg, seconded by
Councilmember Ebner, to settle dispute with Iraj Sarvian
regarding development fees for property located at 1043
11th by accepting offer to pay $30,000 upon issuance of
Certificate of Occupancy.
4. Public Employee Evaluation:
Employee Title: City Manager
No action taken.
ADJOURNMENT: At 1:05 a.m., the meeting was adjourned to
Tuesday, August 13, 1996, at 6:30 p.m.
ATTEST: APPROVED:
Maria M. Stewart Paul Rosenstein
City Clerk Mayor