CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 11, 1997
A regular meeting of the Santa Monica City Council was called
to order by Mayor O'Connor at 6:41 p.m., on Tuesday, February
11, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pamela O'Connor
Mayor Pro Tem Robert T. Holbrook
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
Mayor Pro Tem Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
COMMENDATIONS: Mayor O'Connor presented a commendation to Ralph
Haro, a 14-year veteran of the City of Santa Monica's Traffic
Operations Division, in honor of his valiant efforts in pulling
a pilot and a passenger from a plane wreckage at Rancho Park
Golf Course on February 7, 1997.
Mayor O'Connor presented a commendation to Darren Hoag, a 9-year veteran of the City of Santa Monica's Traffic Operations
Division, in honor of his quick response in warning people on
the ground of the impending disaster on the occasion of a plane
crash at Rancho Park Golf Course on February 7, 1997.
Mayor O'Connor announced that Item No. 6-E was withdrawn at the
request of staff.
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.
Members of the public Joi Fullmer and John Medlin addressed
items on the Consent Calendar.
At the request of Councilmember Rosenstein Item No. 6-A was
removed from the Consent Calendar.
At the request of Councilmember Holbrook Item No. 6-F was
removed from the Consent Calendar.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to approve the Consent Calendar, with the exception of
Item Nos. 6-A and 6-F, reading resolutions and ordinances by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg,
Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9118(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was
adopted.
6-C: AMENDED STATEMENT OF OFFICIAL ACTION/CUP 95-016/HOURS OF
OPERATION/DRIVE-UP WINDOW/2423 WILSHIRE BOULEVARD/VARIANCE 95-033/ACOUSTICAL SOUND WALL: The amended Statement of Official
Action for Conditional Use Permit 95-016 to allow the
operation, between the hours of 10:00 p.m. and 12:00 a.m.,
Friday and Saturday, of a drive-up window in a fast-food
restaurant located at 2423 Wilshire Boulevard, and Variance 95-033 to construct an acoustical sound wall up to fourteen (14)
feet in height, were approved.
Staff Report
6-D: AMENDED STATEMENT OF OFFICIAL ACTION/CUP 95-017/ HOURS OF
OPERATION/DRIVE-UP WINDOW/2025 LINCOLN BOULEVARD: The amended
Statement of Official Action for Conditional Use Permit 95-017
to allow the operation, between the hours of 6:00 a.m. and 7:00
a.m. daily, 10:00 p.m. and 1:00 a.m., Sunday through Thursday,
and 10:00 p.m. and 3:00 a.m., Friday and Saturday, of a drive-up window in a fast-food restaurant located at 2025 Lincoln
Boulevard, was approved.
Staff Report
6-E: APPOINTMENTS/COMMUNITY TELECOMMUNICATIONS WORKING GROUP:
The recommendation to approve appointments to the Community
Telecommuni-cations Working Group was withdrawn at the request
of staff.
Staff Report
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Councilmember Rosenstein corrected the
minutes of the special City Council meeting held January 20,
1997, to indicate that he was absent at the beginning of the
meeting but reported present approximately one hour later.
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, to approve the City Council minutes of the regular
City Council meeting of January 14, 1997, as presented, and the
special City Council meeting of January 20, 1997, as corrected.
The motion was unanimously approved by voice vote.
6-F: REVISIONS/CITY'S INVESTMENT POLICY/DELEGATION OF
INVESTMENT AUTHORITY: Mayor Pro Tem Holbrook requested that
staff inform Council if the situation in Burma should become
favorable to democracy in order that the City's policy be re-examined.
Staff Report
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Greenberg, to approve revisions to the City's Investment Policy
and to delegate investment authority to the City Treasurer for
a period of one year. The motion was approved by the following
vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg,
Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
8-A: UNDERGROUND STORAGE OF HAZARDOUS MATERIALS: Presented was
the ordinance for second reading and adoption.
Staff Report
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Holbrook, to adopt Ordinance No. 1872(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING AND ADDING PROVISIONS TO CHAPTER 8.24 OF THE SANTA
MONICA MUNICIPAL CODE REGARDING THE UNDERGROUND STORAGE OF
HAZARDOUS MATERIALS," reading by title only and waiving further
reading thereof. The motion was approved by the following
vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
8-B: CONSTRUCTION OF BRIDGE CONNECTION: Presented was an
ordinance for introduction and first reading amending Article
IX of the Municipal Code to allow for the construction of a
bridge connection between two existing legal non-conforming
buildings in the BSC-2 Zoning District.
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 Councilmember Greenberg, seconded by Councilmember
Ebner, to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ZONING ORDINANCE SECTION 9.04.08.15.060 TO ALLOW FOR
BRIDGE CONNECTIONS BETWEEN LEGAL NONCONFORMING BUILDINGS IN THE
BSC-2 ZONING DISTRICT," reading by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg,
Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
8-C: TENANCY RIGHTS/TENANTS DISPLACED AND RELOCATED/SEISMIC
SAFETY RETROFITTING: Presented was an ordinance for
introduction and first reading amending the Municipal Code to
reiterate tenancy rights of tenants displaced and relocated for
seismic safety retrofitting.
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 Councilmember Rosenstein, seconded by Councilmember
Feinstein, to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4.36.120 TO
REITERATE TENANCY RIGHTS OF TENANTS DISPLACED AND RELOCATED FOR
SEISMIC SAFETY RETROFITTING," reading by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg,
Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
9-A: FUNDING ALTERNATIVES/CONSTRUCTION OF PROPOSED PUBLIC
SAFETY BUILDING FACILITY: Presented was the staff report
presenting funding alternatives for construction of the
proposed Public Safety Building Facility, and the
recommendation to direct staff to proceed with the lease
revenue bonds option to finance the construction of said
facility.
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 Art Casillas expressed opinions about the
chief of police and the police department.
Member of the public Susan White urged Council to develop a
public process to keep the public informed on this project.
Members of the public Herb Katz, Irene Zivi, and John Medlin
spoke in support of the staff recommendation.
Member of the public Laurel Roennau urged Council to seek
public input on this project; require an EIR scoping meeting to
identify potential alternatives; ask staff to define and
prioritize component functions of the facility and consider a
variety of configurations. She also expressed concern with
financing of the project.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Councilmember Genser, seconded by Councilmember
Greenberg, to direct staff to use the lease revenue bonds
approach to finance construction of the facility, as outlined
in the staff report, and proceed with the public process,
planning and design of the public safety facility through the
preparation of construction documents.
Motion by Councilmember Feinstein, seconded by Mayor O'Connor,
to amend the motion to ask staff to return at a future time
with some options on how to effectively promote public
participation in the scoping and EIR process. The motion
failed by the following vote:
Ayes: Councilmembers Feinstein, Mayor O'Connor
Noes: Councilmembers Genser, Greenberg, Rosenstein,
Ebner,
Mayor Pro Tem Holbrook
Absent: None
The main motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
10-A: UNDERGROUND UTILITY DISTRICT: Presented was the public
hearing to consider the establishment of an Underground Utility
District for the placement of electric, telephone and cable
television lines along Main Street, between Pico Boulevard and
Hollister Avenue, and including properties on connecting
streets being served from the Main Street lines, and
recommendation to adopt a resolution finding that the public
necessity, health, safety and welfare requires, within certain
designated areas, the underground installation of wires and
facilities supplying electric, communication or similar or
associated services and designating such certain areas as
underground utility districts and ordering the removal of
poles, overhead wires and associated overhead structures within
such districts and the underground installation of such wires
and facilities.
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 Suzanne Caplan, Ruth Snyder, Mark Olson,
and Doug Ehlers spoke in support of the Underground Utility
District.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Councilmember Greenberg, seconded by Councilmember
Genser, to adopt Resolution No. 9119(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
FINDING THAT THE PUBLIC NECESSITY, HEALTH, SAFETY AND WELFARE
REQUIRES, WITHIN CERTAIN DESIGNATED AREA, THE UNDERGROUND
INSTALLATION OF WIRES AND FACILITIES SUPPLYING ELECTRIC,
COMMUNICATION OR SIMILAR OR ASSOCIATED SERVICES AND DESIGNATING
SUCH CERTAIN AREAS AS UNDERGROUND UTILITY DISTRICTS AND
ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED
OVERHEAD STRUCTURES WITHIN SUCH DISTRICTS AND THE UNDERGROUND
INSTALLATION OF SUCH WIRES AND FACILITIES," reading by title
only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg,
Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
12-A: MEMORANDUM OF UNDERSTANDING/ADMINISTRATIVE TEAM
ASSOCIATES: To be considered after Closed Session.
12-B: MEMORANDUM OF UNDERSTANDING/SUPERVISORY TEAM ASSOCIATES:
To be considered after Closed Session.
12-C: MEMORANDUM OF UNDERSTANDING/PUBLIC ATTORNEYS' LEGAL
SUPPORT STAFF UNION: To be considered after Closed Session.
13-A: ROSEMARY KESSLER JACOBS/PROPOSED VISITOR CENTER/1818
CLOVERFIELD BOULEVARD: Dennis Jacobs presented the request of
Rosemary Kessler Jacobs to address Council regarding a proposed
visitor center at 1818 Cloverfield Boulevard.
Motion by Councilmember Rosenstein, seconded by Councilmember
Greenberg, to direct staff to view the site and return with
appropriate recommendations, if any. The motion was approved
by voice vote, Mayor Pro Tem Holbrook opposed.
14-A: APPOINTMENT/SOCIAL SERVICES COMMISSION: Mayor O'Connor
opened the floor to nominations to the Social Services
Commission.
Motion by Councilmember Genser, seconded by Mayor O'Connor, to
appoint Karen Gunn to an unscheduled vacancy on the Social
Services Commission for a term expiring June 30, 1998. The
motion was approved by voice vote, Councilmember Ebner
abstained, Mayor Pro Tem Holbrook opposed.
Mayor Pro Tem Holbrook requested that the record reflect that
he voted "no" on the above appointment because he chooses to
vote for people who are residents of the City.
14-B: APPOINTMENTS/BOARDS AND COMMISSIONS: Motion by
Councilmember Genser, seconded by Councilmember Feinstein, to
continue the appointment to the Airport Commission to the
meeting of February 25, 1997. The motion was unanimously
approved by voice vote.
Motion by Councilmember Genser, seconded by Councilmember
Greenberg, to direct staff to re-publish the vacancy on the
L.A. County West Vector Control District and include in the
advertisement that everyone is welcome to apply; however,
people with experience in this area are particularly
encouraged. The motion was unanimously approved by voice vote.
14-C: APPOINTMENTS/UNSCHEDULED VACANCIES/BOARDS AND
COMMISSIONS: Motion by Councilmember Greenberg, seconded by
Councilmember Feinstein, to continue the appointments to the
Architectural Review Board and the Commission on Older
Americans to the meeting of February 25, 1997. The motion was
unanimously approved by voice vote.
Mayor O'Connor opened the floor to nominations to the Housing
Commission.
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to appoint Barbara Filet by acclamation to the Housing
Commission for a term ending June 30, 1997. The motion was
unanimously approved by voice vote.
14-D: SPECIAL MEETING/HOUSING ELEMENT: Presented was the
request of Councilmember Rosenstein to discuss setting a
special meeting at which Council could be briefed on the
Housing Element, raise questions, hear from the City Boards and
Commissions which have considered the document and hear from
the public prior to considering the Housing Element at a
regular meeting, and to determine what format would best
facilitate this.
Member of the public Joi Fullmer expressed her concerns.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to hold a public workshop on March 4, 1997, to be
followed at the next regular Council meeting by the usual
public hearing on the Housing Element.
Substitute motion by Councilmember Holbrook, seconded by
Councilmember Ebner, to appoint a committee of the City Council
to conduct a hearing or workshop and report to the rest of the
Council on their findings. The substitute motion failed by
voice vote, Councilmembers Rosenstein, Greenberg, Genser,
Feinstein, Mayor Pro Tem Holbrook, and Mayor O'Connor opposed.
Substitute motion by Councilmember Greenberg, seconded by
Councilmember Genser, to ask staff to have all of the
commissions that have considered this item to make
presentations to Council on March 4, 1997, or whenever the
Housing Element is considered by Council. The motion was
approved by voice vote, Councilmember Rosenstein opposed.
14-E: EVALUATION/POTENTIAL CHANGES/BSC ZONING/REQUIREMENTS/
GROUND FLOOR PEDESTRIAN-ORIENTED USES: Presented was the
request of Councilmember Genser that Council direct staff to
initiate a process to evaluate and implement, if deemed
appropriate, potential changes to BSC zoning district to modify
the requirements for ground floor pedestrian-oriented uses.
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, to direct staff to initiate a process to evaluate
and implement, if deemed appropriate, potential changes to BSC
zoning district to modify the requirements for ground floor
pedestrian-oriented uses. The motion was unanimously approved
by voice vote.
15: PUBLIC INPUT: Member of the public Patricia Gordon
expressed concerns regarding the quality of some of the
uniforms City employees are being issued. Member of the public
Joi Fullmer expressed her concerns regarding various issues.
Members of the public Tameron Keys, Dalila Kamal, and Karim
Kamal expressed concerns regarding the abduction, from inside
her home, of Karim Kamal's daughter and the involvement of the
Santa Monica Police Department. Member of the public Brian
Hutchings discussed the KCRW fund drive and other concerns.
Member of the public Doug Heller spoke in support of
Councilmember Rosenstein's suggestion with regard to the
Housing Element and spoke in support of proportional
representation and invited Council to upcoming related events.
9-B: CLOSED SESSION: At 9:30 p.m., Council adjourned to Closed
Session for the purpose of the following:
1. Conference with Legal Counsel - existing litigation:
Bean & Waco v. City of Santa Monica, Case No. CV 93-0447
No reportable action taken.
2. Conference with Legal Counsel - pending litigation:
Mobil Oil Corporation, Case No. SC 045788
No reportable action taken.
3. Conference with Legal Counsel - anticipated litigation:
Number of cases: One
No reportable action taken.
4. Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Unit: Firefighters Local 1109
Administrative Team Associates (ATA)
Supervisory Team Associates (STA)
Public Attorneys' Legal Support
Staff
Union (PALSSU)
Heard: Action taken in public - See Item Nos. 12-A, 12-B,
and 12-C
At 11:09 p.m., Council reconvened with all members present.
12-A: MEMORANDUM OF UNDERSTANDING/ADMINISTRATIVE TEAM
ASSOCIATES: Motion by Mayor Pro Tem Holbrook, seconded by
Councilmember Feinstein, to adopt Resolution No. 9120(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 ADMINISTRATIVE TEAM
ASSOCIATES," reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor Pro Tem Holbrook
Abstain: Mayor O'Connor
Noes: None
Absent: Councilmembers Ebner, Greenberg
12-B: MEMORANDUM OF UNDERSTANDING/SUPERVISORY TEAM ASSOCIATES:
Motion by Councilmember Genser, seconded by Mayor Pro Tem
Holbrook, to adopt Resolution No. 9121(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 SUPERVISORY TEAM ASSOCIATES," reading
by title only and waiving further reading thereof. The motion
was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor Pro Tem Holbrook
Abstain: Mayor O'Connor
Noes: None
Absent: Councilmembers Ebner, Greenberg
12-C: MEMORANDUM OF UNDERSTANDING/PUBLIC ATTORNEYS' LEGAL
SUPPORT STAFF UNION: Motion by Councilmember Rosenstein,
seconded by Councilmember Genser, to adopt Resolution No.
9122(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 PUBLIC ATTORNEYS' LEGAL
SUPPORT STAFF UNION," reading by title only and waiving further
reading thereof. The motion was approved by the following
vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor Pro Tem Holbrook
Abstain: Mayor O'Connor
Noes: None
Absent: Councilmembers Ebner, Greenberg
ADJOURNMENT: At 11:11 p.m., the meeting was adjourned.
ATTEST: APPROVED:
Maria M. Stewart Pamela
O'Connor
City Clerk Mayor