CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 13, 1996
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor Rosenstein at 6:39 p.m., on
Tuesday, August 13, 1996, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tem Asha Greenberg
Councilmember Judy Abdo
Councilmember Ken Genser (arrived at
6:46 p.m.)
Councilmember Robert T. Holbrook
Councilmember Pamela O'Connor
Absent: Councilmember Ruth Ebner
Also Present: City Manager John Jalili
Assistant City Attorney Joseph
Lawrence
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.
City Clerk Stewart announced that tomorrow, August 14th, at
5:00 p.m., is the deadline to file nomination papers for the
offices of City Council, Rent Control Board, and Santa Monica-Malibu Unified School District Board of Trustees.
Mayor Rosenstein announced that Item No. 10-A was withdrawn at
the request of staff and will not be heard this evening.
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 Joi Fullmer discussed items on the Consent Calendar.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, 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, Holbrook, Mayor
Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmembers Ebner, Genser
Councilmember Genser reported present at 6:46 p.m.
6-A: MINUTES APPROVAL: The City Council minutes of July 9, and
July 16, 1996, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9071(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-C: APPLICATION FOR GRANT FUNDS/LOS ANGELES COUNTY DEPARTMENT
OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM/
SANTA MONICA DRY WEATHER RUNOFF RECLAMATION PROJECT: Resolution
No. 9072(CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS
FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SANTA
MONICA BAY COMPETITIVE GRANT PROGRAM FOR THE DRY WEATHER RUNOFF
RECLAMATION FACILITY," was adopted.
Staff Report
6-D: FINAL MAP/PARCEL NO. 51918/
TPC-319/2921 TENTH STREET: Resolution No. 9073(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO.
51918 AT 2921 TENTH STREET," was adopted thereby approving a 6-unit tenant-participating conversion project at 2921 Tenth
Street.
Staff Report
6-E: FINAL MAP/TRACT NO. 51594/TPC-291/827 BAY STREET:
Resolution No. 9074(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 51594 AT 827 BAY STREET,"
was adopted thereby approving a 9-unit tenant-participating
conversion project at 827 Bay Street.
Staff Report
6-F: FINAL PARCEL MAP NO. 24314/CONDOMINIUMS/843 FIFTEENTH
STREET: Resolution No. 9075(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 24314 FOR A
PROJECT AT 843 FIFTEENTH STREET," was adopted thereby approving
a 3-unit condominium project at 843 Fifteenth Street.
Staff Report
6-G: COMPLIANCE/1995 CONGESTION MANAGEMENT PROGRAM: Resolution
No. 9076(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA FINDING THE CITY TO BE IN CONFORMANCE WITH
THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP
LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089," was adopted.
Staff Report
6-H: MAXIMUM ALLOWABLE INCOME LEVELS/MAXIMUM ALLOWABLE
RENTS/MAXIMUM ALLOWABLE PURCHASE PRICES/INCLUSIONARY UNITS:
Resolution No. 9077(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE MAXIMUM
ALLOWABLE RENTS AND MAXIMUM ALLOWABLE PURCHASE PRICES FOR THE
INCLUSIONARY HOUSING PROGRAM," was adopted.
Staff Report
6-I: CLASSIFICATIONS/SALARIES: Resolution No. 9078(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY
RATES FOR RECORDS MANAGEMENT COORDINATOR, SENIOR ADMINISTRATIVE
ANALYST - HOUSING AUTHORITY, SUPERVISING INSPECTOR, TRANSIT
SERVICES MANAGER, TRANSIT DEVELOPMENT AND INTER-GOVERNMENTAL
RELATIONS MANAGER AND TRADES INTERN," was adopted and new
information provided by staff prior to the meeting was
incorporated in the motion.
Staff Report
6-J: AGREEMENT/LOS ANGELES UNIFIED SCHOOL DISTRICT/NOTIFICATION
OF PROPOSED LAUSD PROJECTS/CALIFORNIA ENVIRONMENTAL QUALITY
ACT: Contract No. 6461(CCS) was approved between LAUSD and the
City of Santa Monica to require the receipt of CEQA documents
from the LAUSD which are for projects located within a 2-mile
radius outside the City of Santa Monica's boundaries.
Staff Report
6-K: PHASE II/OPEN SPACE ELEMENT/PARKS AND RECREATION MASTER
PLAN: Contract No. 6462(CCS) was approved with ROMA Design
Group to prepare Phase II of the Open Space Element/Parks and
Recreation Master Plan for an amount not to exceed $191,268.
Staff Report
6-L: AWARD OF BID/ELEVATOR MAINTENANCE SERVICE: Bid No. 2577
was awarded to Amtech Elevator Services, at a specified monthly
rate, to provide complete elevator maintenance service for
fifteen (15) elevators located in six (6) parking structures.
Staff Report
6-M: AWARD OF BID/TOILET PAPER/TOILET SEAT COVERS/PAPER TOWELS:
Bid No. 2579 was awarded to The Walden Company, at specified
unit prices, to furnish and deliver toilet paper, toilet seat
covers and paper towels.
Staff Report
6-N: AWARD OF BID/DIESEL FUEL: Bid No. 2584 was awarded to
General Petroleum, at specified prices, to furnish and deliver
diesel fuel.
Staff Report
6-O: CANCELLATION OF CITY COUNCIL MEETING/AUGUST 27, 1996: The
regular City Council meeting scheduled for August 27, 1996, was
canceled.
Staff Report
END OF CONSENT CALENDAR
7-A: APPEAL/CUP 95-007/DESIGN MODIFICATION/MODIFIED FEES/
RESIDENTIAL CONDOMINIUM PROJECT/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 withdrawn at the request of the appellant.
Applicant: Iraj Sarvian; Appellant: Eric Parlee.
8-A: EMERGENCY ORDINANCE/USE OF PUBLIC SIDEWALKS: Presented was
an emergency ordinance for adoption deleting Santa Monica
Municipal Code Section 3.12.350, relating to the use of public
sidewalks, and replacing it with a prohibition against sitting
or lying on sidewalks in the Bayside District and on the Third
Street Promenade Roadway during specified hours, and declaring
the presence of an emergency.
Staff Report
On order of the Mayor, the public hearing was opened. Members
of the public Jerry Rubin, Ron Taylor, and Will McIntosh spoke
in opposition to the proposed ordinance. Members of the public
Joi Fullmer and Art Casillas expressed their concerns. Member
of the public Merlyn Rudell spoke in support of the proposed
ordinance. Members of the public Barbara Tenzer, Ron Cano, and
Herb Katz spoke in support of the proposed ordinance with
amendments to prohibit lying down on benches and ledges, and
amending the hours of enforcement to be from 6 a.m. to 1:00
a.m. Members of the public June Thompson, Adamm Gritlefeld,
Rich Grossi, and Rod Barshook spoke in support of the proposed
ordinance with amendments to prohibit lying down on benches and
ledges.
Motion by Councilmember Genser, seconded by Councilmember
O'Connor, to hear late speakers. The motion was unanimously
approved by voice vote, Councilmember Ebner absent.
Members of the public Susan Dempsay, Madeleine Dawn Warner, and
Laurie Romano spoke in support of the proposed ordinance.
Members of the public Steve Ramos and Edward Greenberg spoke
in support of the proposed ordinance amending the hours of
enforcement to be from 6 a.m. to 1 a.m. Member of the public
Jennafer Waggoner spoke in opposition to the proposed
ordinance. There being no other speakers, the Mayor closed the
public hearing.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Holbrook, to adopt the ordinance with the amendment that the
hours of enforcement be changed to the hours of 6:00 a.m. and
1:00 a.m., and to amend the last sentence of Section 5 to read:
"This Ordinance shall become effective upon adoption."
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to amend Section 1(b)(5) of the ordinance to read:
"Sitting on a chair or bench located on the public sidewalk
which is supplied by a public agency, including ledges and
steps bordering the fountains and planter areas and bollards
located within The Third Street Promenade area."
Discussion ensued on the nature of the findings upon which this
ordinance was written, on the need for immediate legislation,
on whether the ordinance, as written, addresses the underlying
concerns that created the need for this type of legislation,
and on the fact that five affirmative votes are required to
adopt the ordinance.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
Greenberg, to continue this ordinance to a special meeting to
be held on August 20, 1996, at 6:30 p.m., and direct the City
Attorney to prepare a regular ordinance in addition to the
emergency ordinance for consideration, in the event the
emergency ordinance does not receive the five required votes.
The motion was approved by the following vote:
Ayes: Councilmembers Genser, Holbrook, O'Connor,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: Councilmember Abdo
Absent: Councilmember Ebner
On order of the Mayor, the City Council recessed at 8:50 p.m.,
and reconvened at 9:20 p.m., with all members present.
9-A: LOCAL STANDARDS REGULATING SECOND UNITS: Presented was the
staff report recommending that City Council direct staff to
prepare a local ordinance consistent with State law creating
local standards regulating second units and return to Council
with an urgency ordinance by September 14, 1996.
Staff Report
Member of the public Joi Fullmer expressed her concerns.
Member of the public Leigh Hovey spoke in opposition to such an
ordinance. Members of the public David Rossman and Carl
Lambert spoke in support of such an ordinance.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to direct staff to prepare a local ordinance
consistent with State law creating local standards regulating
second units and return to Council with an urgency ordinance by
September 14, 1996. 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
10-A: STREET LIGHT IMPROVEMENTS: The recommendation to hold a
public hearing on the convenience and necessity of the proposed
street light improvements on 23rd Street (from Wilshire
Boulevard to Arizona Avenue); on 29th Street (from Pearl Street
to Ocean Park Boulevard), and on Princeton Street (from
Washington Avenue to Wilshire Boulevard); to acknowledge any
public protests; and to adopt a resolution finding that the
public convenience and necessity requires the installation, and
to order the construction process to begin was withdrawn at the
request of staff. This item will be rescheduled and affected
residents will be notified.
Staff Report
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Rosenstein
announced that the floor would consider nominations to the
Commission on the Status of Women.
Councilmember O'Connor nominated Eileen Lipson. Councilmember
Holbrook nominated Jan Ludwinski. There being no other
nominations, nominations were closed. On a call for the vote,
Eileen Lipson was appointed to the Commission on the Status of
Women for a term ending June 30, 2000.
Mayor Rosenstein announced that the floor would consider
nominations to the Recreation & Parks Commission.
Councilmember O'Connor nominated Frank Schwengel and Tim Walsh
for reappointment. Motion by Councilmember Genser, duly
seconded, to reappoint Frank Schwengel and Terry Walsh by
acclamation to the Recreation & Parks Commission for terms
ending June 30, 2000. The motion was unanimously approved by
voice vote, Councilmember Ebner absent.
Councilmember O'Connor nominated Lupe Castro. There being no
other nominations, nominations were closed. Mayor Rosenstein
moved, duly seconded, to appoint Lupe Castro by acclamation to
the Recreation & Parks Commission for a term ending June 30,
2000. The motion was unanimously approved by voice vote,
Councilmember Ebner absent.
Appointments to the Airport Commission, Building and Safety
Commission, Electrical Board of Appeals, Landmarks Commission,
Personnel Board, and Plumbing & Mechanical Board of Appeals
were continued to the meeting of September 10, 1996.
14-B: LATE APPLICATIONS/MEMBERSHIP ON 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 September 10, 1996.
14-C: PROHIBITION OF UNAUTHORIZED REMOVAL OF NEWSPAPERS:
Presented was the request of Mayor Rosenstein to direct the
City Attorney to draft an ordinance that will prohibit the
unauthorized removal of newspapers from news racks, store
fronts and residential properties. Member of the public Joi
Fullmer expressed her concerns. Mayor Rosenstein moved,
seconded by Mayor Pro Tem Greenberg, to direct staff to draft
and return with an ordinance based upon the ordinance recently
approved in San Francisco dealing with the prohibition of the
unauthorized removal of newspapers from news racks, store
fronts and residential properties. The motion was
unanimously approved by voice vote, Councilmember Ebner absent.
15: PUBLIC INPUT: There were no speakers.
9-A: CLOSED SESSION: At 10:10 p.m., Council adjourned to Closed
Session for the purpose of:
Staff Report
1. Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Unit: Municipal Employees Association
(MEA)
2. Public Employee Evaluation - Employee Title: City Manager
No action taken.
ADJOURNMENT: At 10:40 p.m., the meeting reconvened with all
members present, except for Councilmember Ebner, and thereafter
was adjourned to Tuesday, August 20, 1996, at 6:30 p.m., in
memory of Elvina Lopez, Mildred Judson, Helen Albert, and Mr.
Ehrler.