CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 15,1997
An adjourned regular meeting of the Santa Monica City Council was called to order by Mayor
O'Connor at 6:41 p.m., on Tuesday, April 15, 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
Councilmember Ebner 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 Aaron Coles, a 10th grade student at St.
Monica's High School, who recited a poem he authored.
4-A: PROCLAMATION/NATIONAL TAKE OUR DAUGHTERS TO WORK DAY
APRIL 24, 1997: Mayor O'Connor presented a proclamation declaring April 24, 1997, as
"National Take Our Daughters to Work Day" in the City of Santa Monica.
6. CONSENT CALENDA : 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 Joey Fullmer and Nora Housepian addressed items on the Consent
Calendar.
Mayor O'Connor announced that while the staff report for Item No. 6-13 is correct, there is a
typographical error in the amount on the printed agenda.
At the request of Councilmember Genser Item No. 6-B was removed from the Consent Calendar.
At the request of Councilmember Feinstein Item No. 6-E was removed from the Consent
Calendar.
Motion by Mayor Pro Tem Holbrook. seconded by Councilmember Feinstein, to approve the Consent
Calendar, noting an agenda correction on Item No. 6-B and with the exception of Item Nos. 6-B and 6-
E, 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-A: PROFESSIONAL SERVICES AGREEMIENT/DESIGN RENOVATIONS/COUNCIL
CHAMBER: Contract No. 6647(CCS) was approved, in the amount of $52,000, with Gruen Associates
to design renovations to the City Hall Council Chamber and an increase to the contract was authorized
for an amount up to 20%, if necessary,
Staff Report
6-C: AWARD OF CONTRACT/REPAER OF EARTHQUAKE DAMAGED STREET
LIGHTS/BROADWAY: Contract No. 6649(CCS) was awarded to Paul Gardner Corporation, in the
amount of $434,736, for repair of earthquake damaged street lights on Broadway.
Staff Report
6-D: PROFESSIONAL SERVICES CONTRACT/ROMA DESIGN GROUP
LANDSCAPE/ARCHITECTURAL SERVICES/PUBLIC SAFETY BUILDIN SCHEMATIC
DESIGN: Contract No. 6650(CCS) was approved with ROMA Design Group, in an amount not to
exceed $49,800, for landscape and architectural services for the Public Safety Building schematic
design.
Staff Report
END OF CONSENT CALENDAR
6-B: AWARD OF CONTRACT/REPLACEMENT OF FLOORS/CIVIC AUDITORIUM
LOBBY/UPPER CONCOURSE: Councilmember Genser advised that he removed this item due to
the public testimony and asked questions of staff regarding same. Staff responded to the questions.
Staff Report
Motion by Councilmember Genser- seconded by Councilmember Greenberg, to approve Contract No.
6648(CCS) with Des/Mar Construction, in the corrected amount of $279,000 (and not $339.000), to
replace Civic Auditorium Lobby and Upper Concourse floors. The motion was approved by the
following vote:
Ayes.-
Absent:
Councilmembers Ebner, Rosenstein, Greenberg, Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor None None
6-E: SALE OF OLD CITY STREET NAME SIGNS: Councilmember Feinstein discussed the
possibility of giving residents living on a certain street priority for the purchase of the street signs for their
streets as much as possible.
Staff Report
Councilmember Ebner was excused at 7:06 p.m.
Motion by Councilmember Feinstein- seconded by Councilmember Genser, to adopt Resolution No.
9136(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE SALE OF OLD STREET NAME SIGNS TO THE PUBLIC AND
ESTABLISHING THE PURCHASE PRICE," amended to include giving priority to residents who live
on the specific street within the first two weeks of the sale period, reading by title only and waiving
further reading thereof. The motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Greenberg, Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmember Ebner
8-A: ORDINANCE/OFFICIAL DISTRICTING MAP: The ordinance was presented for
second reading and adoption.
Staff Report
Motion by Councilmember Greenberg- seconded by Mayor Pro Tem Holbrook, to adopt Ordinance
No. 1876(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP TO REZONE 1544
NINETEENTH STREET FROM R2 TO R2A," reading by title only and waiving further reading
thereof The motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Greenberg, Rosenstein,
Mayor Pro Tem Holbrook
Noes: Councilmember Genser, Mayor O'Connor
Absent: Councilmember Ebner
8-B: ORDINANCE/ROOFTOP PARKING: The ordinance was presented for second reading and
adoption.
Staff Report
Motion by Councilmember Greenberg, seconded by Mayor Pro Tem Holbroo , to adopt Ordinance No.
1877(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING ZONING ORDINANCE SECTIONS 9.04.08.18.040, 9.04.08.18.050, AND
9.04.08.18.060 TO ALLOW ROOFTOP PARKING ON PARCELS DIRECTLY ABUTTING OR
SEPARATED BY AN ALLEY FROM A RESIDENTIAL ZONE IN THE C-3 ZONING
DISTRICT," reading by title only and waiving further reading thereof The motion was approved by the
following vote:
Ayes:
Abstain:
Noes:
Absent:
Councilmembers Feinstein, Genser, Greenberg, Mayor Pro Tem
Holbrook, Mayor O'Connor Councilmember Rosenstein None
Councilmember Ebner
9-A: AMENDMENT/NUISANCE ABATEMENT ORDINANCE: Presented was the staff
report recommending direction to staff to prepare an ordinance to amend the City's Nuisance
Abatement Ordinance to authorize the Nuisance Abatement Board to impose conditions and
restrictions on businesses which are found to operate as nuisances and to establish a special
procedure for the abatement and removal of certain vehicles, consistent with State law.
Councilmember Ebner returned to the dias at 7:12 p.m.
On order of the Mayor, the public hearing was opened.
Member of the public Joey Fullmer expressed her concerns.
There being no other speakers, the Mayor closed the public hearing.
Motion by Councilmember Greenberg. seconded by Councilmember Gense , to direct staff to prepare an
ordinance which would amend the Nuisance Abatement Ordinance to explicitly authorize the Nuisance
Abatement Board to impose conditions and restrictions on businesses which are found to operate as
nuisances and to establish a special procedure for the abatement and removal of vehicles consistent with
State law. 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
10-A: DRAFT 1998-2003 HOUSING ELEMENT Presented was the continued public hearing on
the Draft 1998-2003 Housing Element, adoption in concept the Draft Housing Element, direction to staff
to transmit the document to the State Department of Housing and Community Development, direction to
staff to begin preparation of the draft Environmental Impact Report, and direction to staff to prepare
implementation ordinances for two key policy issues.
Staff Report
On order of the Mayor, the public hearing was opened.
There being no one wishing to speak who had not already spoken on this item at previous
meetings, the Mayor closed the public hearing.
Main motion by Councilmember Genser. seconded by Councilmember Feinstein, to approve the
comprehensive set of recommendations made by staff over the last several weeks as outlined in the staff
report, subject to the following amendments, as agreed upon by Council.
Motion by Councilmember Genser. seconded by Mayor O'Conno , to re-word the title of Goal 1.0 to
eliminate the oxymoron of Promote the Construction of New Housing Through Regulatory Mechanisms
to the extent possible.
After discussion on how to vote for the amendments, it was the consensus of Council that no vote
will be taken on proposed amendments unless there is an objection, otherwise the amendments will be
construed as friendly.
Motion by Councilmember Genser- seconded by Councilmember Feinstein, to amend the motion to modify
Policy 1.7 (Page V-9), as recommended by the Planning Commission, to read: "Maintain development
standards that ensure that the development of new housing in residential neighborhoods is designed to fit
within the existing neighborhood context." The motion was approved by voice vote with Councilmembers
Ebner and Greenberg opposed.
Motion by Councilmember Ebner to amend the motion to modify the language of Goal 1.0, Program
La, to read as follows: "Modify the review procedures for condominiums from a Conditional Use
Permit to another design review procedure..."
Planning Director, Suzanne Frick, explained the intent of the section, as recommended. Discussion
ensued as to the applicability of the standards to condominiums versus apartment buildings.
Motion by Councilmember Greenberg to amend the motion to modify the language of Goal 1.0, Program
La, to read as follows: "Modify the review procedures for condominiums to bring them into conformity, as
much as legally feasible, to the standards of apartment buildings."
Motion by Councilmember Genser to amend Councilmember Greenberg's amendment, above, to modify
the language of Goal 1.0, Program La, to read as follows: " Eliminate the conditional use permit procedure
and evaluate other procedures which achieve an appropriate level of design review, project
compatibility, including review of the physical location, size and massing of the structure(s), and
public improvements, to ensure that the project is compatible and integrates with and relates harmoniously
to surrounding sites and neighborhoods."
Motion by Councilmember Greenberg to amend the motion to modify Program La, 1998-2003 Action
Plan (Page V-9) to modify language so that it now reads: "Periodically review and, after
consultation with local experts- including architects- where necessary, revise planning, zoning
and development regulations, assessments, and fees ...
friendly.
51
. The amendment was accepted as
Motion by Councilmember Genser, to amend Goal 1.0, Program La, by adding: " - . . to ensure that, in the
examples given, there is no parking disincentive for providing large family units and consider having
differing parking standards to address differing neighborhood conditions." The amendment was accepted
as friendly.
Motion by Councilmember Rosenstein to evaluate parking standards for affordable housing to ensure
that they are reasonable. The amendment was accepted as friendly.
Motion by Councilmember Greenberg. duly seconded, to direct staff to begin the process to modify the
zoning ordinance to permit existing non-conforming multi-family residential developments that are
destroyed due to fire, earthquake, or other natural disaster to be replaced in-kind in order to prevent the
loss of dwelling units in the City. The motion was approved by voice vote.
On order of the Mayor, the City Council recessed at 8:58 p.m., and reconvened at 9:29 p.m., with all
members present.
Motion by Councilmember Genser to amend Goal 2.0 to add Policy 2.8, the concept of which would be
that the City would work with the non-profit community to assure that the capacity to develop affordable
housing projects on an ongoing basis is maintained in this community. The amendment was accepted as
friendly.
Motion by Councilmember Feinstein to add a program to explore and evaluate energy efficient design for
low and very low income units to reduce living costs. The amendment was accepted as friendly.
Motion by Councilmember Genser to change the last sentence of the introductory paragraph of Goal 2.0,
Program 2.a, to read: "Changes to be considered, in addition to the expansion of the in-lieu fee option,
will include. . ." The amendment was accepted as friendly.
Motion by Councilmember Gense to amend Goal 2.0, Program 2.a, and add to the list of proposed
amendments to the Inclusionary Housing Program to consider modifying the fee structure to encourage
housing development in targeted areas of the City. The amendment was accepted as friendly.
Motion by Councilmember Genser to amend Goal 2.0, Program 2.b, and add language to include the
concepts of 1) being consistent with maintaining neighborhood character; 2) consider having neighborhood-
specific standards for specific neighborhood conditions. The amendment was accepted as friendly.
Motion by Councilmember Genser to amend Goal 2.0, Program 2.c, to add a bullet reading: "Work with
local non-profit agencies to assure local capacity to develop affordable housing on an ongoing basis."
The amendment was accepted as friendly.
Motion by Councilmember Genser- duly seconded, to amend Goal 2.0, Program 2.d, by adding language
as follows: "To the extent feasible, utilize additional non-housing redevelopment funds to supplement the
annual 20% set-aside requirement for eligible housing acquisition, rehabilitation, and construction
purposes." The motion was approved by voice vote with Councilmembers Ebner and Greenberg opposed.
Motion by Councilmember Genser- duly seconded to amend the motion to add a bullet to Goal 2.0,
Program 2.f, as follows: "Consider purchasing land for future development of affordable housing." The
motion was approved by voice vote, Councilmember Ebner opposed.
Motion by Councilmember Genser- seconded by Councilmember Feinstein to include a concept in an
appropriate section of the Housing Element to look for opportunities to allow the development of live-
work space including artist studios. The motion was approved by voice vote.
Motion by Councilmember Genser to amend Goal 2.0, Program 21, to include wording at the end of the
last bullet as follows: including the provision of outdoor play areas in developments for children." The
amendment was accepted as friendly.
Motion by Councilmember Genser to amend Goal 3.0, Program 3.a, to include a new bullet, the concept
of which being, "In conjunction with the Rent Control Board, consider placing any needed Charter
modifications before the voters." The amendment was accepted as friendly.
Motion by Councilmember Genser to amend Goal 3. 0, Program 3 . c, to add a bullet as follows:
"Review current laws and recommend any needed modifications to protect tenants to the maximum
extent feasible." The amendment was accepted as friendly.
Motion by Councilmember Genser to amend Goal 4.0, Program 4.a, to include an additional possibility
for program inclusion as follows: "Providing rehabilitation assistance in conjunction with incentives for
owners to dedicate and contractually restrict units for low income and/or Section 8 tenants." The
amendment was accepted as friendly.
Motion by Councilmember Feinstein to amend Goal 4.0, Program 4.b, to explore the feasibility of
promoting retrofits related to energy efficiency to increase affordability for the lowest income groups. The
motion was accepted as friendly.
Motion by Councilmember Genser to amend Goal 4.0, Program 4.e, to educate the construction industry
in the City and train enforcement personnel to ensure safe construction sites. The amendment was
accepted as friendly.
Motion by Councilmember Genser to amend Goal 5.0, Program 5.d, to add a bullet as follows: "Review
existing regulations and ordinances and recommend potential changes if indicated." The amendment
was accepted as friendly.
Motion by Councilmember Rosenstein- duly seconded, to have the City and the Rent Control Board
review the Category C removal process to examine the issue where the redevelopment process
somewhat forces owners to build condominiums instead of apartments. The motion was approved by
voice vote, Councilmembers Feinstein and Genser, and Mayor O'Connor opposed.
Councilmember Genser requested a roll call vote on the above motion, the results of which are as
follows:
Ayes: Councilmembers Greenberg, Rosenstein, Ebner, Mayor Pro Tem
Holbrook
Noes: Councilmembers Feinstein, Genser, Mayor O'Connor
Absent: None
The main motion, to approve the recommended changes by staff, as outlined in the staff report, and as
modified by the City Council. 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
Motion by Councilmember Greenberg, seconded by Councilmember Feinstein, to adopt in concept
the Draft Housing Element.
Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
Motion by Councilmember Greenberg, seconded by Councilmember Feinstein, to direct staff to transmit
the document to the State Department of Housing and Community Development, 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
Motion by Councilmember Greenberg, seconded by Councilmember Feinstein, to direct staff to begin
preparation of the draft Environmental Impact Report. The motion was approved by the following vote:
Ayes: Councilmembers Ebner, Greenberg, Genser, Feinstein, Mayor O'Connor
Noes: Councilmember Rosenstein, Mayor Pro Tem Holbrook
Absent: None
Councilmember Rosenstein requested that the record reflect that he voted "no" on the above motion
because he feels that it would be a waste of money to study a document that at this point is so vague as
to be virtually meaningless.
Motion by Councilmember Greenberg. seconded by Mayor Pro Tem Holbrook, to direct staff to prepare
the necessary implementation ordinances related to the inclusionary housing policies and revised
development standards. 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
12-A: MOU/FIREFIGHTERS LOCAL 1109: The Resolution authorizing the City Manager to
execute a Memorandum of Understanding with the Firefighters Local 1109 was not heard.
12-B: EXECUTIVE PAY PLAN: No action was taken on the Resolution authorizing the City Manager
to amend Resolution No. 8293 which established the Executive Pay Plan.
13-A: HYWEL SIMS/LEAFBLOWERS: Presented was the request of Hywel Sims, Director of Santa
Monica AIDS Project, to address the City Council regarding illegal use of leafblowers in the City and
the health risk to residents, particularly to those with a catastrophic illness.
Member of the public Brian Hutchings spoke in support of banning the use of leafblowers in the City.
Motion by Councilmember Feinstein- seconded by Councilmember Genser, to continue the meeting
past I I p.m. The motion was approved by voice vote, Mayor Pro Tem Holbrook opposed.
The information was received and filed.
15: PUBLIC INPUT: Member of the public Brian Hutchings discussed pensions.
Councilmember Feinstein, speaking on behalf of the co-chairs of the Santa Monica Child Care Task
Force, invited Council to a forum on child care at the Ken Edwards Center on April 23rd between 5
p.m. and 6:30 p.m.
16: CLOSED SESSION: At 11:04 p.m., Council adjourned to Closed Session.
16-A: CLOSED SESSION/CONFERENCE WITH LABOR NEGOTIATOR:
City Negotiator:
Bargaining Units:
Karen Bancroft, Personnel Director
Firefighters Local 1109
Executive Pay Plan (EPP)
ACTION: Executive Pay Plan (EPP). No action taken
Firefighters Local 1109. Not heard.
16-B: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Mobil Oil Corporation et al., Case No. SC 045788.
ACTION: Not heard.
16-C: CLOSED SESSION/CONFERENCE WITH-LEGAL COUNSEL
Existing Litigation: Santa Monica Housing Council v. City of Santa Monic Case No. SS55191.
ACTION: Not heard.
16-D: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL
Existing Litigation: Kamal v. City of Santa Monica, Case No. CV 95-1025.
ACTION: Not heard.
16-E: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL
Anticipated Litigation
Number of cases: Two
ACTION: Not heard.
ADJOURNMENT: At 11:45 a.m., the meeting was adjourned to April 29, 1997.
ATTEST: APPROVED:
Maria M. Stewart
City Clerk
Pamela O'Connor
Mayor
April 15, 1997