CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 24, 1996
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor Rosenstein at 6:35 p.m., on
Tuesday, September 24, 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.
INSPIRATION: A moment of inspiration was provided by the John
Adams Middle School String Quartet.
4-A: PROCLAMATION/OCTOBER 1996/CRIME PREVENTION MONTH: Mayor
Rosenstein presented a proclamation declaring October 1996 as
"Crime Prevention Month" in the City of Santa Monica.
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.
Mayor Rosenstein announced that Item No. 6-R has been continued
to the meeting of October 8, 1996.
Members of the public Don Bryson, Joi Fullmer, Jim Palmer, and
Doris Ganga, discussed items on the Consent Calendar.
At the request of Councilmember Genser, Item No. 6-N was
removed from the Consent Calendar; at the request of Mayor Pro
Tem Greenberg Item No. 6-I was removed from the Consent
Calendar.
Motion by Councilmember O'Connor, seconded by Mayor Pro Tem
Greenberg, to approve the Consent Calendar, with the exception
of Item Nos. 6-I and 6-N, reading ordinances and resolutions by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Holbrook,
Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: None
6-A: MINUTES APPROVAL: The City Council minutes of September
10, 1996, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9087(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: MODIFICATION OF STEPBACK STANDARDS/LIGHT MANUFACTURING AND
STUDIO DISTRICT: Ordinance No. 1862(CCS) entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTION 9.04.08.35.050 REGARDING BUILDING
STEPBACK REQUIREMENTS IN THE LMS DISTRICT," was adopted on
second reading.
Staff Report
6-D: UTILITY USERS TAX: Ordinance No. 1863(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 6.72.010, 6.72.070 AND 6.72.090 TO THE SANTA
MONICA MUNICIPAL CODE," was adopted on second reading.
Staff Report
6-E: CLARIFICATION OF USES/BAYSIDE COMMERCIAL DISTRICT:
Ordinance No. 1864(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING CERTAIN PROVISIONS
OF PART 9.04.08.15 OF THE ZONING ORDINANCE GOVERNING THE
BAYSIDE COMMERCIAL DISTRICT TO CLARIFY THE REQUIREMENTS FOR
SIDEWALK CAFES, TO CLARIFY THE BUILDING STEPBACK REQUIREMENTS,
AND TO REVISE THE PER BLOCK LIMITATIONS ON THE NUMBER OF FOOD
USES, ALCOHOL OUTLETS AND FAST FOOD COURTS PERMITTED IN THE BSC
DISTRICT," was adopted on second reading.
Staff Report
6-F: PROCEDURES FOR MAKING APPOINTMENTS/CITY BOARDS AND
COMMISSIONS: Resolution No. 9088(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING
RESOLUTION NUMBER 6842(CCS) AND SETTING FORTH THE PROCEDURES
FOR MAKING APPOINTMENTS TO CITY BOARDS AND COMMISSIONS," was
adopted.
Staff Report
6-G: AWARD OF BID/CAR CONVERSIONS: The award of Bid No. 2597
was divided between Pursuit, for patrol car conversions, at
specified unit prices, and with Fire-Bann Corp., for detective
car conversions, at specified unit prices, for the Police
Department.
Staff Report
6-H: AWARD OF BID/BRAKE SERVICE AND REPAIRS/POLICE VEHICLES:
Bid No. 2596 was awarded to Midas Santa Monica, at specified
unit prices, to provide brake service and repairs for police
vehicles for the Police Department.
Staff Report
6-J: AWARD OF BID/HOT ASPHALT CONCRETE PAVING MIXES: Bid No.
2591 was awarded to Industrial Asphalt, at specified unit
prices, to provide and deliver hot asphalt concrete paving
mixes for the Street Maintenance Division, Environmental and
Public Works Department.
Staff Report
6-K: AWARD OF BID/MISCELLANEOUS TRASH BIN PARTS: Bid No. 2593
was awarded to Consolidated Fabricators Corp., at specified
unit prices, to furnish and deliver miscellaneous trash bin
parts for the Solid Waste Management Division, Environmental
and Public Works Department.
Staff Report
6-L: FINAL TRACT MAP NO. 24337/CONDOMINIUMS/1351 PALISADES
BEACH ROAD: Resolution No. 9089(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 24337 FOR A
PROJECT AT 1351 PALISADES BEACH ROAD," was adopted thereby
approving a 3-unit condominium project.
Staff Report
6-M: LEASE AGREEMENT/FIRST FEDERAL BANK OF CALIFORNIA/ATM/THIRD
STREET PROMENADE: Contract No. 6531(CCS) was approved with
First Federal Bank of California for the installation of an ATM
Machine on the Third Street Promenade.
Staff Report
6-O: WATER AND WASTEWATER CAPITAL FACILITY FEE REPORT: The
Water and Wastewater Capital Facility Fee Report was reviewed
and accepted, as required by Government Code Section 66006.
Staff Report
6-P: GENERAL ASSISTANCE BENEFITS PAYMENTS: Resolution No.
9090(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF LOS
ANGELES COUNTY TO OPPOSE REDUCTIONS OR FURTHER LIMITATIONS TO
GENERAL ASSISTANCE BENEFITS PAYMENTS," was adopted.
Staff Report
6-Q: GRANT ALLOCATIONS: Contract Nos. 6532(CCS), 6533(CCS), and
6534(CCS) were adopted thereby approving grant allocations to
Legal Aid Foundation of Los Angeles (LAFLA) in the amount of
$95,833 for enhanced tenant/landlord services to Santa Monica
residents; approving allocation to Santa Monica College in the
amount of $140,000 for employment and support services to "at-risk" youth residing in Santa Monica; and allocating up to
$19,167 to Legal Aid Foundation of Los Angeles for one-time
program and facility start-up costs contingent upon a budget
approved by City staff.
Staff Report
6-R: WAIVER OF FEES AND PARKING/LEAGUE OF WOMEN VOTERS: The
request to waive fees and parking costs at the East Wing of the
Civic Center for a forum to be hosted by the League of Women
Voters was continued to the meeting of October 8, 1996.
Staff Report
END OF CONSENT CALENDAR
6-I: AWARD OF BID/UNIFORM RENTAL AND CLEANING: Staff answered
questions regarding cost.
Staff Report
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to award Bid No. 2583 to Welch's Uniform Rental
Company, at specified unit prices, to provide uniform rental
and cleaning services for various City departments. The motion
was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Holbrook,
Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: None
6-N: PROFESSIONAL SERVICES CONTRACT/CONSULTING SERVICES/
PREPARATION OF MASTER PLAN/CORPORATION YARD: Councilmember
Genser requested this matter be put over for one week in order
to ask questions of staff.
Staff Report
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Greenberg, to continue this item to the meeting of October 8,
1996. The motion was unanimously approved by voice vote.
7-A: APPEAL/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 October 8,
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 October 8,
1996.
8-A: URGENCY ORDINANCE/SECOND UNITS IN R1 ZONING DISTRICT:
Presented was an ordinance for introduction and adoption
establishing standards for the allowance of second units in the
R1 zoning district (single family residential) on an interim
basis and declaring the presence of an emergency, pursuant to
provisions of State law.
Staff Report
On order of the Mayor, the public hearing was opened.
The following members of the public spoke in opposition to the
ordinance: Patrick Mallens, Norman Peterson, Nina Terebinski,
Kenneth Cameron, Edward Hurst, Edward Karklyn, Jean Sedillos,
Terry Graboski, Wolfgang Kummer, Sidney Wolinsky, Leigh Hovey,
and Emmalie Hodgin.
The following members of the public spoke in support of the
ordinance: Mehrdad Farivar, Geraldine Kennedy, David Rosman ,
Carl Lambert, Jennifer Polhemus, Hank Koning and Dan Stern.
Member of the public Joi Fullmer expressed her concerns.
Member of the public Chris Harding suggested that this item be
remanded to staff for drafting of an ordinance encouraging the
units, in compliance with State law, while ensuring that the
units are compatible with the neighborhoods in which they will
be located.
Member of the public Jerome Prewoznik urged Council to solicit
a legal opinion from someone who is without bias on the matter.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Abdo, to hear two late speakers. The motion was unanimously
approved by voice vote.
Members of the public Lou Moench and Robert Wright spoke in
opposition to the ordinance.
There being no other speakers, the Mayor closed the public
hearing.
Discussion ensued as to the effects on the City if the proposed
ordinance is adopted; of taking no action and thereby having
the State regulations rule; or, of considering an ordinance
that would prohibit the second units in question. There was
further discussion as to whether the comments received from the
public can be used to establish findings to prohibit the
proposed second units.
On order of the Mayor, the City Council recessed at 9:15 p.m.,
and reconvened at 9:44 p.m., with all members present.
Motion by Councilmember Abdo, seconded by Councilmember Ebner,
to adjourn to Closed Session pursuant to California Government
Code Section 54956.9(3)(d) in order to consult with the City
Attorney regarding a statement of threatened litigation made by
a member of the public during the public hearing. The motion
was unanimously approved by voice vote.
Council adjourned to Closed Session at 9:45 p.m., and
reconvened at 10:22 with all members present.
The City Attorney announced that there was no reportable action
taken during Closed Session.
Mayor Rosenstein asked Council to briefly deviate from the
regular order of the agenda in order to allow a member of the
public to speak at "Public Input", in advance, so as to allow
him to use public transportation to return home before the
buses stop running for the evening. There were no objections
to the request.
PUBLIC INPUT: Member of the public Pro Se requested that
funding be made available to televise the Housing Commission
meetings.
On order of the Mayor, the City Council returned to the regular
agenda order.
8-A: URGENCY ORDINANCE/SECOND UNITS IN R1 ZONING DISTRICT
(Resumed):
Staff Report
Motion by Councilmember Holbrook, seconded by Councilmember
Ebner, to not accept the recommendation of staff, and to
instruct staff to return at the regular meeting of October 8,
1996, with a new recommendation to introduce for first reading
an ordinance that prohibits rental units in the R1 area, with
appropriate findings, and to have the second reading and
adoption of the ordinance at a continued regular meeting to be
held on October 15, 1996, at 7:30 p.m.
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to not ask for staff recommendation, but to merely
ask them to return with the ordinance as described by
Councilmember Holbrook. The motion was approved by the
following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner,
O'Connor,
Mayor Pro Tem Greenberg
Noes: Councilmember Abdo, Mayor Rosenstein
Absent: None
Motion by Councilmember O'Connor, seconded by Councilmember
Genser, to extend the meeting past 11 p.m. The motion was
unanimously approved by voice vote.
Request to discuss item 8-A again:
At 11:20 p.m., after taking action on the matters remaining on
the agenda, Councilmember O'Connor requested taking up
discussion of this ordinance again.
Motion by Councilmember O'Connor, seconded by Councilmember
Abdo, to add to the motion to direct staff to also return with
the current staff recommendation with development standards as
presented this evening for Item No. 8-A for consideration at
the meeting of October 8, 1996.
It was clarified that the motion for 8-A, as approved, was
specific as to not including staff's recommendation, and
therefore could not be amended as was being asked.
Councilmember O'Connor changed her motion as follows:
Motion by Councilmember O'Connor, seconded by Councilmember
Holbrook, to have another roll of the motion. Motion was
approved by voice vote.
Following is the motion, as previously made:
Motion by Councilmember Holbrook, seconded by Councilmember
Ebner, to not accept the recommendation of staff, and to
instruct staff to return at the regular meeting of October 8,
1996, with a new recommendation to introduce for first reading
an ordinance that prohibits rental units in the R1 area, with
appropriate findings, and to have the second reading and
adoption of the ordinance at a continued regular meeting to be
held on October 15, 1996, at 7:30 p.m.
Motion by Councilmember Genser, accepted as friendly, to amend
the motion to not ask for staff recommendation, but to merely
ask them to return with the ordinance as described by
Councilmember Holbrook. The motion was approved by the
following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner,
Mayor Pro Tem Greenberg
Noes: Councilmember O'Connor, Abdo, Mayor Rosenstein
Absent: None
Councilmember O'Connor requested that the record reflect that
she voted "no" on the above item because she believes that the
City is losing an opportunity to set locally-developed
standards regulating second units.
Mayor Rosenstein requested that the record reflect that he
voted "no" on the above item because the recommendation by staff
is a superior way to protect the single-family neighborhood to
the current situation, which seems to be where the Council is
heading.
Councilmember Abdo requested that the record reflect that she
voted "no" on the above item because she feels that it will
cause problems among neighbors, and expressed the belief that
this will cause a hardship for those individuals who currently
have such units. Further, she stated she does not believe that
the impact on the R1 zone will not be that great from the
second units.
8-B: DEMOLITION/EARTHQUAKE DAMAGED RED AND YELLOW TAGGED
BUILDINGS: Presented was an ordinance for introduction and
first reading amending section 9.04.10.16.010 of the Santa
Monica Municipal Code to allow the demolition of earthquake
damaged red and yellow tagged buildings without a replacement
project permit.
Staff Report
On order of the Mayor, the public hearing was opened. Member
of the public Joi Fullmer expressed her concerns. There being
no other speakers, the Mayor closed the public hearing.
Councilmember Ebner excused at 11:15 p.m.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to introduce an ordinance entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9.04.10.16.010 CONCERNING DEMOLITION
PERMIT REQUIREMENTS," 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 at 11:16 p.m.
9-A: CLOSED SESSION: The City Attorney advised that it was not
necessary to hold closed sessions.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS:
Mayor Rosenstein announced that the floor would consider
nominations to the Airport Commission.
Councilmember Abdo nominated Bernard Harris. There being no
other nominations, nominations were closed. Councilmember
Abdo moved, seconded by Councilmember Ebner, to appoint Bernard
Harris by acclamation to the Airport Commission for a term
ending June 30, 2000. The motion was unanimously approved by
voice vote.
Mayor Rosenstein announced that the floor would consider
nominations to the Landmarks Commission.
Councilmember O'Connor nominated Bill Bolton. There being no
other nominations, nominations were closed. Bill Bolton was
appointed by acclamation to the Landmarks Commission for a term
ending June 30, 2000. The motion was unanimously approved by
voice vote.
15: PUBLIC INPUT: There was no one wishing to speak.
ADJOURNMENT: At 11:25 p.m., the meeting was adjourned to
Tuesday, October 8, 1996, at 6:30 p.m., in memory of Carl
Gordon.
ATTEST: APPROVED:
Maria M. Stewart Paul
Rosenstein
City Clerk Mayor