CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 26, 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, November 26, 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 Holbrook led the assemblage in the Pledge of
Allegiance 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.
Councilmember Ebner asked that Item No. 6-I be pulled due to a
conflict of interest in this matter. At the request of
Councilmember Genser Item Nos. 6-E and 6-G were removed from
the Consent Calendar.
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
Greenberg, to approve the Consent Calendar, with the exception
of Item Nos. 6-E, 6-G, and 6-I, reading resolutions and
ordinances by title only and waiving further reading thereof.
The motion was approved by the following vote:
Ayes: Councilmembers Abdo, Ebner, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember O'Connor
6-A: MINUTES APPROVAL: The City Council minutes of October 15,
and October 22, 1996, were approved as submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9102(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: PROFESSIONAL SERVICES CONTRACT/CONSTRUCTION MANAGEMENT/
PARKING STRUCTURES: Contract No. 6574(CCS) was approved, in an
amount not to exceed $58,000, with CMI Engineering Consultants
for construction management of the parking structures (Nos. 1-6) improvements, signage and graphics project.
Staff Report
6-D: SALARY RATES: Resolution No. 9103(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
ACCOUNT - COLLECTIONS, COMMUNITY RELATIONS SPECIALIST, DEPUTY
CITY CLERK, NOISE OPERATIONS TECHNICIAN, POLICE OFFICER TRAINEE
(PRE-SERVICE), SENIOR ADMINISTRATIVE ANALYST - ECONOMIC
DEVELOPMENT, SENIOR BUILDING INSPECTOR, SENIOR TRANSIT PROGRAMS
ANALYST, SOLID WASTE COLLECTIONS SUPERINTENDENT, SOLID WASTE
MATERIALS RECOVERY SUPERINTENDENT, SOLID WASTE SYSTEMS
SUPERINTENDENT, AND MOTOR COACH OPERATOR - TRAINEE," was
adopted.
Staff Report
6-F: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/CUP 95-016/
VARIANCE 95-033/JACK-IN-THE-BOX/2423 WILSHIRE BOULEVARD: The
Statement of Official Action of Conditional Use Permit 95-016
and Variance 95-033 for the Jack-in-the-Box Restaurant at 2423
Wilshire Blvd., was certified to allow operation of a drive-up
window.
Staff Report
6-H: AMENDMENTS/CITY TRUST FUND GUIDELINES: Amendments to all
four City Trust Fund guidelines were approved to require that
the interest rate on City loans to projects receiving mortgage
loans under the U.S. Department of Housing and Urban
Development Section 202 or Section 811 Programs not exceed the
federal default rate.
Staff Report
6-J: AWARD OF BID/FORKLIFT: Bid No. 2598 was awarded to
Yale/Chase Material Handling, for an amount not to exceed
$48,279.50, to furnish and deliver one (1) 6,000 pound CNG
forklift for the Environmental and Public Works Management
Department.
Staff Report
6-K: AWARD OF BID/REPAIR AND PAINT POOL/SANTA MONICA COLLEGE:
Bid No. 2604 was awarded to ATR Enterprises, in an amount not
to exceed $27,662.50, to provide labor, materials and equipment
to repair and paint the pool at Santa Monica College.
Staff Report
END OF CONSENT CALENDAR
6-E: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/CUP 95-017/JACK-IN-THE-BOX RESTAURANT/2025 LINCOLN BOULEVARD:
Councilmember Genser requested staff correct the vote shown on
Page 6 of the Statement of Official Action to reflect that he
voted against the action.
Staff Report
Motion by Councilmember Genser, seconded by Councilmember Abdo,
to certify the Statement of Official Action of Conditional Use
Permit 95-017 for the Jack-in-the-Box Restaurant located at
2025 Lincoln Boulevard, as corrected. The motion was approved
by the following vote:
Ayes: Councilmembers Abdo, Ebner, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember O'Connor
6-G: MODIFICATIONS/SHARED APPRECIATION LOAN PROGRAM GUIDELINES:
Recommendation to approve modifications to the Shared
Appreciation Loan Program Guidelines funded by the Tenant
Ownership Rights Charter Amendment (TORCA) to modify selected
underwriting criteria (household size, student status, front
end ratio, closing costs caps), and to extend loan terms from
20 to 30 years for those loans that require secondary market
involvement to obtain conventional lender, fixed rate
financing.
Staff Report
Councilmember Genser advised that he removed this item from the
Consent Calendar in order to ask questions of staff.
Discussion ensued as to the effect on tenants with special
circumstances. For example, a tenant who moved in after a
building converted (TORCA) and has now been a long-term tenant
but may not be eligible for City financing, or where a couple
may have occupied the unit at the time of conversion, the
spouse may have died, and the remaining party may not be
eligible because he/she occupies a two bedroom unit. Staff
responded to questions.
Motion by Councilmember Genser, seconded by Mayor Rosenstein,
to approve the second part of the recommendation to extend loan
terms from 20 to 30 years for loans that require secondary
market involvement to obtain conventional lender, fixed rate
financing, and directing staff to return as quickly as possible
with revised recommendations for the modification of the
guidelines incorporating the concerns expressed this evening.
The motion was approved by the following vote:
Ayes: Councilmembers Abdo, Ebner, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember O'Connor
Councilmember Ebner advised that she is employed by the City of
Los Angeles and is assigned to work at the Los Angeles
International Airport, and therefore has a conflict of interest
on this matter. Councilmember Ebner was excused at 6:55 p.m.
6-I: LAX MASTER PLAN: Motion by Councilmember Genser, seconded
by Councilmember Abdo, to adopt Resolution No. 9106 (CCS),
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA IN SUPPORT OF THE INCLUSION OF FIXED BASE OPERATOR
FACILITIES AND THE ENHANCEMENT OF GENERAL AVIATION SERVICES IN
THE DEVELOPMENT OF THE LAX MASTER PLAN," reading by title only
and waiving further reading thereof. The motion was approved
by the following vote:
Ayes: Councilmembers Abdo, Holbrook, Genser, Mayor Pro
Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmembers O'Connor, Ebner
Councilmember Ebner returned to the dias at 6:56 p.m.
8-A: SECOND DWELLING UNITS: Presented was an ordinance for
second reading and adoption of an Interim Ordinance of the City
Council of the City of Santa Monica Allowing Second Dwelling
Units in the R-1 and OP-1 Zoning Districts Under Specified
Circumstances, Clarifying the Allowance of Second Units in
Multi-Family Residential Districts, Specifying Standards for
Second Units.
Staff Report
Motion by Councilmember Holbrook, seconded by Mayor Pro Tem
Greenberg, to adopt Ordinance No. 1869(CCS) entitled: "INTERIM
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ALLOWING SECOND DWELLING UNITS IN THE R-1 AND OP-1 ZONING
DISTRICTS UNDER SPECIFIED CIRCUMSTANCES, CLARIFYING THE
ALLOWANCE OF SECOND UNITS IN MULTI-FAMILY RESIDENTIAL
DISTRICTS, AND SPECIFYING STANDARDS FOR SECOND UNITS," reading
by title only and waiving further reading thereof. The motion
was approved by the following vote:
Ayes: Councilmembers Genser, Holbrook, Ebner, Mayor
Pro Tem Greenberg
Noes: Councilmember Abdo, Mayor Rosenstein
Absent: Councilmember O'Connor
Councilmember Abdo requested that the record reflect that she
voted "no" on this item for the reasons expressed at prior
Council meetings.
8-B: DRIVE-IN/DRIVE-THROUGH/FAST FOOD/TAKE-OUT RESTAURANTS:
Presented was an ordinance for introduction and first reading
amending Zoning Ordinance Section 9.04.14.090 regarding drive-in, drive-through, fast food, and take-out restaurants.
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 Edward Castillo asked staff to be
judicious with stipulations.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Genser, to introduce and hold first reading of an Ordinance of
the City Council of the City of Santa Monica amending Zoning
Ordinance Section 9.04.14.090 regarding drive-in, drive-through, fast food, and take-out restaurants. The motion was
approved by the following vote:
Ayes: Councilmembers Abdo, Ebner, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember O'Connor
9-A: ATTENDANT PARKING PROGRAM: Evaluation and recommendations
for the attendant parking program; adoption of a resolution
amending parking rates in the Downtown Parking Structures,
authorizing an exit pay system and finding that parking rate
increases are exempt from the provisions of the California
Environmental Quality Act; recommendation to approve an
increase to Contract No. 7133 with Ampco by $158,000 for
service improvements; approve appropriation of $158,000 to
account 01-210-415-00000-5501-00000 to fund the enhancement;
and requesting direction to staff to make appropriate
modifications to the FY 1996-97 budget as outlined in the staff
report.
Staff Report
The City Manager advised that the Bayside District Corporation
requested that this matter be continued to allow their Board
more time to review staff's recommendations.
Motion by Mayor Pro Tem Greenberg, seconded by Councilmember
Holbrook, to continue this item to the meeting of December 17,
1996. The motion was unanimously approved by voice vote, with
Councilmember O'Connor absent.
9-B: REVISIONS/MULTI-FAMILY EARTHQUAKE REPAIR LOAN PROGRAM
GUIDELINES: Presented was the staff report recommending
approval of, and direction to the City Manager to implement,
the revisions to the Multi-family Earthquake Repair Loan
Program (MERL) Guidelines and Procedures; and, authorization to
the City Manager to negotiate and execute a contract amendment
with Rincon Consultants, Inc., in an amount not to exceed
$85,000, for environmental consulting services for the MERL
Program.
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 Janet Robinson and Joan Ling expressed their
appreciation for staff for doing a great job.
There being no other speakers, the Mayor closed the public
hearing.
Councilmember Genser expressed concern that the intent of a
motion that he made in the past relative to the guidelines and
procedures for the program may not have been incorporated, and
further expressed concern that post-earthquake purchasers of
earthquake damaged property may receive tax subsidized funds.
There was discussion as to the intent of the program to
replenish affordable housing and the proper use of funds.
Motion by Councilmember Abdo, seconded by Mayor Pro Tem
Greenberg, to approve staff recommendation.
Motion by Councilmember Genser to amend the motion to stipulate
that, for the non-qualified housing developers in the private
sector, any funds expended out of the MERL funds awarded from
this point forward be limited to sites that had earthquake
damaged housing. The motion died for lack of a second.
The standing motion was approved by the following vote:
Ayes: Councilmembers Abdo, Ebner, Holbrook, Mayor Pro
Tem Greenberg, Mayor Rosenstein
Noes: Councilmember Genser
Absent: Councilmember O'Connor
Councilmember Genser requested that the record reflect that he
voted "no" on this item because he feels it is an inappropriate
use of public funds to provide subsidized loans for owners of
property who did not own them at the time they suffered damage
in the earthquake.
12-A: MOU/MANAGEMENT TEAM ASSOCIATES: To be considered after
Closed Session.
12-B: MOU/EXECUTIVE PAY PLAN: To be considered after Closed
Session.
14-A: TWO-YEAR BUDGET: Presented was the request of
Councilmember Holbrook to discuss giving direction to staff to
prepare a two-year budget.
Motion by Councilmember Holbrook, duly seconded, to direct
staff to provide recommendations and considerations in January
1997, during the public hearing for needs assessment, for the
preparation of a two-year budget. The motion was unanimously
approved by voice vote, Councilmember O'Connor absent.
14-B: LETTER OF RESIGNATION/VIVIAN LINDER/SOCIAL SERVICES
COMMISSION: Motion by Mayor Pro Tem Greenberg, seconded by
Councilmember Holbrook, to accept with regrets the letter of
resignation from Vivian Linder from the Social Services
Commission and authorize the City Clerk to publish a Notice of
Vacancy. The motion was unanimously approved by voice vote,
Councilmember O'Connor absent.
15: PUBLIC INPUT: Member of the public Dulio Cascio expressed
concern with the lack of a traffic signal on 16th Street and
Ocean Park. Member of the public Arthur Eskelin discussed a
sharp increase in his water bill. Member of the public Kamal
Karim discussed his daughter, who was allegedly kidnaped, and
the participation by the Santa Monica Police Department in the
matter. Member of the public Joi Fullmer expressed her
concerns regarding various issues.
9-C: CLOSED SESSION: At 8:24 p.m., Council adjourned to Closed
Session for the purpose of the following:
1. Conference with Legal Counsel - Existing Litigation:
Doreena's v. City of Santa Monica, LASC Case No. SS 006
976.
ACTION: Discussed; no action taken.
2. Conference with Legal Counsel - Existing Litigation: City
of Santa Monica v. Doreena's, LAMC Case No. 95-U 0317.
ACTION: Discussed; no action taken.
3. Conference with Legal Counsel - Existing Litigation:
Dianne Ramirez v. City of Santa Monica, Case No. BC 140
430.
ACTION: Discussed; no action taken.
4. Conference with Legal Counsel - Anticipated Litigation:
Number of cases: one.
ACTION: Discussed; no action taken.
5. Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Management Team Associates (MTA)
Executive Pay Plan (EPP)
ACTION: Approved Item Nos. 12-A and 12-B
6. Public Employee Evaluations.
Employee Titles: City Clerk, City Manager
ACTION: Not heard.
At 10:37 p.m., Council reconvened with all members present to
take action on the following:
12-A: MOU/MANAGEMENT TEAM ASSOCIATES: Motion by Councilmember
Abdo, seconded by Councilmember Holbrook, to adopt Resolution
No. 9104(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT TEAM
ASSOCIATES." 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
12-B: MOU/EXECUTIVE PAY PLAN: Motion by Mayor Pro Tem
Greenberg, seconded by Councilmember Abdo, to adopt Resolution
No. 9105(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN." The
motion was approved by the following vote:
Ayes: Councilmembers Abdo, Ebner, Holbrook, Genser,
Mayor Pro Tem Greenberg, Mayor Rosenstein
Noes: None
Absent: Councilmember O'Connor
ADJOURNMENT: At 10:42 p.m., the meeting was adjourned.
ATTEST: APPROVED:
Maria M. Stewart Paul
Rosenstein
City Clerk Mayor