CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 22, 1996
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor Rosenstein at 6:43 p.m., on
Tuesday, October 22, 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 (arrived
at 6:53 p.m.)
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 Ebner led the assemblage in the Pledge of Alle-
giance to the Flag of the United States of America.
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.
At the request of Councilmember O'Connor, Item No. 6-D was
removed from the Consent Calendar.
Motion by Councilmember Holbrook, seconded by Councilmember
O'Connor, to approve the Consent Calendar, with the exception
of Item No. 6-D, reading resolutions and ordinances by title
only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Holbrook,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember Genser
6-A: MINUTES APPROVAL: The City Council minutes of October 8,
1996, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9093(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: PURCHASE OF TRAFFIC SIGNAL EQUIPMENT: Resolution No.
9094(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE CONTRACTS FOR THE PURCHASE OF TRAFFIC SIGNAL
EQUIPMENT FROM ECONOLITE CONTROL PRODUCTS, INC.;" and
Resolution No. 9095(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS FOR THE PURCHASE OF
PARKING METER EQUIPMENT FROM DUNCAN INDUSTRIES," were adopted.
Staff Report
6-E: REJECT ALL BIDS/TRANSIT MIX: All bids were rejected to
furnish and deliver Transit Mix, Portland Cement Class 520-C-2500, and staff was directed to revise the bid specifications
and rebid the requirement.
Staff Report
6-F: MAINTENANCE AND REPAIRS/MOTOROLA COMMUNICATION EQUIPMENT:
Contract Number 6549(CCS) was approved with Motorola, in an
amount not to exceed $120,000, to provide maintenance and
repairs to Motorola communication equipment; and Council was
notified of an exception to Ordinance No. 8966(CCS) regarding
Burma.
Staff Report
6-G: TRANSFER OF REFUSE TO LANDFILL SITE: Contract Number
6550(CCS) was approved with Southern California Disposal, at
specified unit prices, to provide transfer of refuse to
landfill site for the Environmental and Public Works Management
Department.
Staff Report
6-H: REPAIRS AND SERVICE/DETROIT DIESEL TRANSIT DIESEL ENGINES:
Contract Number 6551(CCS) was approved with Valley Detroit
Diesel Allison, Inc., at specified unit prices, to provide
repairs and service for Detroit Diesel Transit diesel engines
for the Maintenance Division, Transportation Department.
Staff Report
6-I: PARKING ENFORCEMENT VEHICLES: Contract Number 6552(CCS)
was approved with White Bear Sales, in an amount not to exceed
$159,263.57, to furnish and deliver nine (9) new parking
enforcement vehicles for the Fleet Division, Environmental and
Public Works Department.
Staff Report
6-J: BOBCAT LOADER: Contract Number 6553(CCS) was approved with
Melroe Company, for an amount not to exceed $67,084.69, to
furnish and deliver one (1) new bobcat loader with trailer and
attachments for the Environmental and Public Works Department.
Staff Report
6-K: MISCELLANEOUS VEHICLES: Contract Number 6554(CCS) was
approved with Wondries Fleet Group, in an amount not to exceed
$438,110.90, to furnish and deliver eighteen (18) miscellaneous
vehicles, as described in the staff report, as replacement
vehicles, as part of the Fleet Management Program.
Staff Report
6-L: INSTALLATION AND SUPPORT/OFF-SITE TELEPHONE
SYSTEMS/NETWORK CABLING EQUIPMENT: Contract Number 6555(CCS)
was approved with ACI Communications, in an amount not to
exceed $250,000 per fiscal year, for installation and support
of the City's off-site telephone systems and network cabling
equipment.
Staff Report
6-M: CUSTODIAL SERVICES: Contract Number 6556(CCS) was approved
with Come Land Maintenance Company, for an amount not to exceed
$144,456; Contract Number 6557(CCS) was approved with Metro
Building Maintenance Company, for an amount not to exceed
$88,556; and, Contract Number 6558(CCS) was approved with High
Tech Building Maintenance, for an amount not to exceed $24,180,
for provision of custodial services.
Staff Report
END OF CONSENT CALENDAR
Councilmember Genser arrived at 6:53 p.m.
6-D: ENVIRONMENTAL IMPACT REPORT/SAINT JOHN'S HOSPITAL AND
HEALTH CENTER MASTER PLAN: Councilmember O'Connor advised that
she removed this item from the Consent Calendar in order to
recuse herself from the vote because she has done work in the
past for Environmental Science Associates, Inc.
Staff Report
Motion by Councilmember Abdo, seconded by Mayor Pro Tem
Greenberg, to approve Contract Number 6548(CCS) with
Environmental Science Associates, Inc., for preparation of an
Environmental Impact Report on the Saint John's Hospital and
Health Center Master Plan.
At the request of Councilmember Ebner this item was held over
to later in the meeting in order to allow her to review the
staff report.
On order of the Mayor, Item No. 8-A will be heard at this time.
8-A: DRIVE-UP WINDOW HOURS: Presented was an ordinance for
introduction and adoption amending interim Ordinance No.
1806(CCS) requiring drive-in, drive-through and fast food
restaurants located adjacent to residentially zoned properties
to obtain a Conditional Use Permit for specified drive-up
window hours of operation on an interim basis and declaring the
presence of an emergency; and a Resolution of Intention
directing the Planning Commission to initiate an amendment to
Municipal Code Section 9.04.14.090 containing special
conditions for drive-through restaurants.
Staff Report
On order of the Mayor, the public hearing was opened. The
following members of the public spoke in support of the
proposed ordinance: Joi Fullmer, Giok Brandt, Fred Bakshandeh,
Donald Brandt, Leon Ferder, Edward Castillo, and Judy
Silverman.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to hear late speakers. The motion was unanimously
approved by voice vote.
The following members of the public spoke in support of the
proposed ordinance: Allison Velkes and Robert Wright.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Councilmember Holbrook, seconded by Councilmember
Ebner, to adopt Ordinance No. 1868(CCS) entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
INTERIM ORDINANCE NO. 1806(CCS) REQUIRING DRIVE-IN, DRIVE-THROUGH AND FAST FOOD RESTAURANTS LOCATED ADJACENT TO
RESIDENTIALLY ZONED PROPERTIES TO OBTAIN A CONDITIONAL USE
PERMIT FOR SPECIFIED DRIVE-UP WINDOW HOURS OF OPERATION ON AN
INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY,"
reading by title only and waiving further reading thereof; and
to adopt Resolution No. 9096(CCS) entitled: "A RESOLUTION OF
INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DIRECTING THE PLANNING COMMISSION TO INITIATE AN AMENDMENT TO
SECTION 9.04.14.090 OF THE SANTA MONICA MUNICIPAL CODE." 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
On order of the Mayor, the Council returned to the pending
Consent Calendar item:
6-D: ENVIRONMENTAL IMPACT REPORT/SAINT JOHN'S HOSPITAL AND
HEALTH CENTER MASTER PLAN (RESUMED): Councilmember O'Connor
stepped off the dias during the vote. The motion to approve
Contract Number 6548(CCS) with Environmental Science
Associates, Inc., for preparation of an Environmental Impact
Report on the Saint John's Hospital and Health Center Master
Plan was approved by the following vote:
Staff Report
Ayes: Councilmembers Holbrook, Ebner, Abdo,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Abstain: Councilmember Genser
Noes: None
Absent: Councilmember O'Connor
7-A: APPEAL/CUP 95-017/DRIVE-UP WINDOW/JACK-IN-THE-BOX/2025
LINCOLN BOULEVARD: Presented was 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.
Staff Report
On order of the Mayor, the public hearing was opened. The
following members of the public spoke in opposition to the
appeal: Fred Bakshandeh and Allison Velkes.
Jack Rubens, representing the appellant, spoke in support of
the appeal.
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 Robert Wright spoke in opposition to the
appeal. There being no other speakers, the Mayor closed the
public hearing.
Motion by Councilmember Ebner, seconded by Mayor Pro Tem
Greenberg to deny the appeal and uphold the determination of
the Planning Commission based upon findings and conditions of
approval, with the elimination of Condition No. 18.
Motion by Councilmember Genser to amend the motion to require
that a six-foot masonry wall be constructed along the alley
property line. The motion was not accepted as friendly and
died for lack of a second.
Motion by Mayor Rosenstein, accepted as friendly, to modify
Condition No. 20 to add language after the current last
sentence as follows: "The landscaping shall be of sufficient
density and maturity to attenuate the noise associated with the
drive-up window operations and reduce the noise impacts on the
adjacent residentially-zoned properties to the east to be in
conformance with the noise ordinance otherwise alternative
mitigation measures shall be installed that shall mitigate the
noise to a level acceptable under the noise ordinance," and to
flag this issue for the Architectural Review Board in order
that they pay particular attention to it.
Motion by Councilmember Genser to amend the motion to allow
hours of operation of the drive-through window to be 6 a.m. to
11:30 p.m., Sunday through Thursday, and 6 a.m. to 1 a.m.,
Friday and Saturday. The motion was not accepted as friendly
and died for lack of a second.
The motion, as amended, was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Ebner, Holbrook,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: Councilmember Genser
Absent: None
7-B: APPEAL/CUP 95-016/VAR 95-033/DRIVE-UP WINDOW/JACK-IN-THE-BOX RESTAURANT/2423 WILSHIRE BOULEVARD: Presented was 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.
Staff Report
On order of the Mayor, the public hearing was opened.
The following members of the public spoke in opposition to the
appeal: Giok Brandt, Don Brandt, Leon Ferder, Edward Castillo,
Allison Velkes, Judy Silverman, and Robert Wright.
Jack Rubens, representing the appellant, spoke in support of
the appeal.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
O'Connor, to hear late speakers. The motion was unanimously
approved by voice vote.
Member of the public Joi Fullmer expressed her concerns.
Member of the public Zoran Segina spoke in opposition to the
appeal.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to deny the appeal and uphold the determination of the
Planning Commission based upon the findings and conditions in
the staff report, revising Condition No. 14 to eliminate the 50
dBA threshold, eliminating Condition No. 20, and revising the
language of Condition No. 22 to an on-premises, state-licensed
security guard.
Motion by Councilmember Holbrook to amend the motion and delete
the proposed revised language related to Condition No. 22. The
motion was not accepted as friendly and died for lack of a
second.
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
Motion by Councilmember Holbrook, seconded by Councilmember
Ebner, to add Emergency Item No. 14-E to this evening's agenda
to direct staff to research and prepare a policy ordinance, as
appropriate, that prohibits unauthorized photographs or
endorsements of City employees in local City Council campaign
literature. He explained that this would be considered an
emergency because this is the last meeting before the election
and this issue came to his attention after the agenda was
prepared. The motion was unanimously approved by voice vote.
The Mayor advised the emergency item would be considered with
the 14-items.
On order of the Mayor, the City Council recessed at 9:00 p.m.,
and reconvened at 9:30 p.m., with all members present.
10-A: STREETLIGHTS: Presented was the public hearing to
determine the convenience and necessity for installing
streetlights on various City streets; to hear public comment
and acknowledge any public protests; and, adopt a resolution
finding that public convenience and necessity requires the
installation and order the construction process to begin.
Staff Report
On order of the Mayor, the public hearing was opened. There
being no one wishing to speak, the Mayor closed the public
hearing.
Motion by Councilmember Holbrook, seconded by Councilmember
Abdo, to adopt Resolution No. 9098(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT
THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES THE INSTALLATION
OF STREET LIGHTING, AND ORDERS WORK TO BEGIN ON VARIOUS CITY
STREETS AS SET FORTH IN RESOLUTION OF INTENTION NUMBER
9021(CCS)." 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
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to request staff to report back at the earliest appropriate
time as to whether or not the City should be changing its
policy to possibly install the more attractive lighting
throughout, and report on costs, the spacing of lights to
reduce cost, and the nature of the area to be lighted.
Motion by Councilmember Holbrook, accepted as friendly, to
include an estimate of cost differentials, study the
possibility of spreading the assessment over a longer period of
time.
Motion by Councilmember Abdo, accepted as friendly, to ask
staff to study the possibility of spacing the lights a little
further apart so that the costs remain similar and provide
choices for styles.
Motion by Mayor Rosenstein, accepted as friendly, to examine
the issue of having the lights illuminating the streets or the
sidewalks.
The motion, as amended, was unanimously approved by voice vote.
10-B: ABATEMENT OF PUBLIC NUISANCE/1524 11TH STREET: Presented
was the public hearing to hear protests or objections, if any,
by property owner, regarding the costs of abating a public
nuisance at 1524 11th Street, Santa Monica; the recommendation
to adopt Resolution of Confirmation affirming the lien and
special assessment of abatement costs on the subject property
by the Nuisance Abatement Board; and the recommendation to
authorize the filing of the Notice of Lien with the Los Angeles
County Recorder and the delivery to the Los Angeles County
Auditor.
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.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to adopt Resolution No. 9098(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CONFIRMING THE REPORT OF THE NUISANCE ABATEMENT BOARD AND
AUTHORIZING A LIEN AND SPECIAL ASSESSMENT OF NUISANCE ABATEMENT
COSTS UPON CERTAIN PROPERTY WITHIN THE CITY," and authorize the
filing of a Notice of Lien with the Los Angeles County Recorder
and have the Notice of Lien delivered to the Los Angeles County
Auditor for entry in the County Assessment Book opposite the
description of the particular property for collection of the
special assessment together with all other taxes on the
property. 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
13-A: MITCHELL RAY ROBIN/CIA INVOLVEMENT IN DRUG NETWORK:
Mitchell Robin addressed Council regarding the CIA's reported
involvement in the drug network that allegedly introduced
"crack" to inner-city drug and gang neighborhoods, and
requesting that City Council consider adoption of a resolution
calling for an investigation. The information was received and
filed.
13-B: ANDRE DE MONTESQUIOU/PARKING PROBLEMS: Andrew de
Montesquiou, representing the California Chicken Cafe,
addressed Council regarding parking problems in the
Wilshire/24th Street area and requested that parking
regulations be adopted.
The Mayor opened the meeting to public comment.
The following members of the public urged Council to consider
the needs of the residents: Allison Velkes and Judy Silverman.
Discussion was held. No formal action was taken. The City
Manager advised staff is aware of the situation and will take
any appropriate action.
14-A: SUPPORT/PROPOSITION 204: Presented was the request of
Councilmember Abdo to discuss Council's support of Proposition
204, The Safe, Clean, Reliable Water Supply Act, providing for
a bond issue of $995,000,000.
Staff Report
Motion by Councilmember Abdo, seconded by Councilmember Genser,
to support Proposition 204, The Safe, Clean, Reliable Water
Supply Act. The motion was unanimously approved by voice vote.
14-B: ADOPTION OF POSITION/PROPOSITION 218: Presented was the
request of Mayor Rosenstein and Mayor Pro Tem Greenberg to
discuss adoption of a Council position on Proposition 218,
Voter Approval for Local Government Taxes; Limitations on Fees,
Assessments, and Charges; Initiative Constitutional Amendment.
Staff Report
Motion by Mayor Pro Tem Greenberg, seconded by Mayor
Rosenstein, to take a position in opposition to Proposition
218, Voter Approval for Local Government Taxes; Limitations on
Fees, Assessments, and Charges; Initiative Constitutional
Amendment. The motion was unanimously approved by voice vote.
14-C: FOR-PROFIT TRAINING OR WALKING OF DOGS IN DOG PARKS:
Presented was the request of Mayor Rosenstein to direct staff
to develop any necessary rules, resolutions or ordinances
regarding for-profit training or walking of dogs in the dog
parks.
Staff Report
Motion by Mayor Rosenstein, seconded by Councilmember Genser,
to direct staff to develop any necessary rules, resolutions or
ordinances regarding for-profit training or walking of dogs in
the dog parks and to examine the staffing level of the
regulatory force. The motion was unanimously approved by voice
vote.
14-D: DISCUSSION AND POSSIBLE RECONSIDERATION OF AIRPORT
COMMISSION APPOINTMENT MADE ON SEPTEMBER 24, 1996:
Councilmember Abdo introduced the matter of possible
reconsideration of an Airport Commission appointment nominated
by her at the meeting of September 24, 1996, which appointment
she believes was a mistake, and added that the person has not
been seated on the Commission. Councilmember Abdo asked
Council to support her in this reconsideration and conveyed her
apologies.
The Mayor opened the meeting to public comment.
The following members of the public spoke in opposition to the
reconsideration and in support of the appointment: Dr. Bernard
Harris, Howard Israel, James Barton, Donald Brandsen, Randy
Stein, Gerald Moret, and Daniel Cytron.
Motion by Councilmember Abdo, seconded by Councilmember
O'Connor, to reconsider the appointment of Bernard Harris to
the Airport Commission.
Motion by Councilmember Holbrook, seconded by Councilmember
Genser, to extend the meeting past 11 p.m. The motion was
unanimously approved by voice vote.
The motion to reconsider was approved by the following vote:
Ayes: Councilmembers Abdo, O'Connor, Genser, Mayor
Rosenstein
Abstain: Mayor Pro Tem Greenberg
Noes: Councilmembers Ebner, Holbrook
Absent: None
14-E: PROHIBITION OF USE OF UNAUTHORIZED PHOTOGRAPHS OR
ENDORSEMENTS OF CITY EMPLOYEES/CITY COUNCIL CAMPAIGN
LITERATURE: Presented was the request of Councilmember Holbrook
to direct staff to research and prepare policy or legislation
prohibiting the use of unauthorized photographs or endorsements
of City employees in City Council campaign literature.
Councilmember Holbrook introduced the matter by advising that a
campaign mailer sent by a candidate includes the pictures of
the Chief of Police and the City Clerk, and that the pictures
were used without the employees knowledge or authorization.
The Mayor opened the meeting to public comment.
Member of the public Rod Barshook spoke in support of policy or
legislation prohibiting the use of unauthorized photographs or
endorsements of City employees in City Council campaign
literature.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Ebner, to direct the City Manager to assist the City employees
whose photographs were included in the campaign material in
question, if they choose to do so, to take whatever action they
feel that they need to take in order to correct any mis-impressions that have been created in the public's mind. The
motion was unanimously approved by voice vote.
15: PUBLIC INPUT: Member of the public Art Casillas discussed
crime and safety facilities. Member of the public Daniel
Cytron discussed the airport. Member of the public Robert
Wright discussed maintenance of Douglas Park.
ADJOURNMENT: At 11:40 p.m., the meeting was adjourned to
Tuesday, November 12, 1996, at 6:30 p.m., in memory of Morgan
Segal and Eleanor Cameron.
ATTEST: APPROVED:
Maria M. Stewart Paul
Rosenstein
City Clerk Mayor