CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 27, 1997
A regular meeting of the Santa Monica City Council was called
to order by Mayor O'Connor at 6:46 p.m., on Tuesday, May 27,
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: Acting City Manager Susan
McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
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 Joey Fullmer addressed items on the
Consent Calendar.
Motion by Councilmember Feinstein, seconded by Councilmember
Rosenstein, to hear a late speaker. The motion was unanimously
approved by voice vote.
Member of the public Brian Hutchings addressed items on the
Consent Calendar.
At the request of Councilmember Genser Item No. 6-D was removed
from the Consent Calendar.
Motion by Councilmember Greenberg, seconded by Mayor Pro Tem
Holbrook, 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 Ebner, Rosenstein, Greenberg,
Genser, Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
6-A: MINUTES APPROVAL: The City Council minutes of the regular
City Council meetings of April 15, and April 29, 1997, and the
Special City Council meeting of May 6, 1997, were approved as
submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9144(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: SUBDIVISION IMPROVEMENT AGREEMENT/FINAL PARCEL MAP NO.
52119/CONDOMINIUMS/1117 18TH STREET: Contract No. 6656(CCS)
with Anoosh C. P. Askari and Naskrin S. Askari was approved and
Resolution No. 9145, entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR PARCEL NO. 52119 TO SUBDIVIDE A PROPERTY AT
1117 EIGHTEENTH STREET," was adopted thereby approving a five-
unit condominium project.
Staff Report
6-E: AMENDMENT TO STANDARD AGREEMENT/STATE WATER RESOURCES
CONTROL BOARD/EXTENSION OF COMPLETION DEADLINE/CATCH BASIN
RETROFITS: Contract No. 7156(CCS) was approved thereby
approving Amendment to Standard Agreement No. 5-061-140-0 with
the State Water Resources Control Board thereby extending the
completion deadline of the grant-funded project to evaluate the
effectiveness of catch basin retrofits for pollutants from
entering the Santa Monica Bay.
Staff Report
6-F: SANTA MONICA COLLEGE/FIREWORKS/CELEBRATE AMERICA: Santa
Monica College's request to include fireworks in their 15th
annual "Celebrate America" concert program on June 28, 1997, was
approved and budgeted funds were allocated for that purpose.
Staff Report
6-G: RENEWAL OF CONTRACT/MED TRANS-GOODHEW AMBULANCE SERVICE:
Contract No. 6657(CCS) was approved thereby exercising the
option to renew the contract with MedTrans/Goodhew Ambulance
Service for emergency ambulance services within the City of
Santa Monica for a term of two years.
Staff Report
END OF CONSENT CALENDAR
6-D: APPLICATION/GRANT FUNDS/CALIFORNIA ARTS COUNCIL LOCAL ARTS
EDUCATION PARTNERSHIP PROGRAM: Councilmember Genser asked
questions of staff and expressed concern with program-specific
funding opportunities.
Staff Report
Motion by Councilmember Rosenstein, seconded by Councilmember
Greenberg, to adopt Resolution No. 9146(CCS) entitled:
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING CITY MANAGER TO APPLY FOR GRANT FUNDS FROM THE
CALIFORNIA ARTS COUNCIL LOCAL ARTS EDUCATION PARTNERSHIP
PROGRAM," reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg,
Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: Councilmember Genser
Absent: None
8-A: SIX-MONTH REVIEW/ORDINANCE PROHIBITING SITTING AND LYING
ON SIDEWALKS/THIRD STREET PROMENADE/FIRST READING OF ORDINANCE/
UNAMBIGUOUSLY PROHIBITING LYING ON BENCHES/THIRD STREET
PROMENADE/SITTING ON RAILINGS/TOPIARY STATUES/SITTING OR
LYING/FOLIAGE AROUND STATUES: Presented was the six-month
review of the implementation of an ordinance prohibiting
sitting and lying on sidewalks in the Third Street Promenade
and the recommendation to introduce and hold first reading on
an Ordinance amending Section 3.12.350, which would
unambiguously prohibit lying on benches in the Third Street
Promenade, sitting on railings around the topiary statues and
sitting or lying on the foliage around the statues.
Staff Report
On order of the Mayor, the public hearing was opened.
Member of the public Joey Fullmer expressed her concerns.
Member of the public Dan Ehrler spoke in support of the
ordinance.
Members of the public Ron Taylor, Jennafer Waggoner, Matthew
Day, Jennifer Casey, Ryan Flegal, and Franceye Smith spoke in
opposition to the proposed ordinance.
Motion by Mayor O'Connor, seconded by Councilmember Feinstein,
to hear a late speaker. The motion failed by voice vote.
There being no other speakers, the Mayor closed the public
hearing
.
Motion by Councilmember Ebner, seconded by Councilmember
Greenberg, to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3.12.350
RELATING TO THE PROHIBITION AGAINST SITTING OR LYING ON PUBLIC
SIDEWALKS, OR UPON OBJECTS PLACED OR INSTALLED ON PUBLIC
SIDEWALKS IN THE BAYSIDE DISTRICT AND ON THE PROMENADE ROADWAY,"
amended to include the following language: "During the hours
between 6:00 a.m. and 1:00 a.m., no person shall sit or lie
down upon a public sidewalk in the Bayside District or upon the
Third Street Promenade roadway, and no person shall sit or lie
down upon a blanket, chair, stool, bench, or any other object
placed or installed on a public sidewalk in the Bayside
District or on the Third Street Promenade roadway, and no
person shall sit, stand, or lie down upon, or otherwise be
present upon, any planting, railing, topiary, or statue placed
upon or installed on a public sidewalk in the Bayside District
or the Third Street Promenade roadway."
Motion by Councilmember Greenberg, accepted as friendly, to
amend the motion that this ordinance be made into an
infranction/misdemeanor woblet.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to remove reference to railings from the ordinance.
The motion failed by the following vote:
Ayes: Councilmembers Feinstein, Genser, Mayor O'Connor
Noes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Absent: None
Motion by Councilmember Feinstein, seconded by Mayor O'Connor,
to amend by deleting the reference to sitting on the curbs.
The motion failed by the following vote:
Ayes: Councilmembers Feinstein, Mayor O'Connor
Noes: Councilmembers Ebner, Rosenstein, Greenberg,
Genser,
Mayor Pro Tem Holbrook
Absent: None
The main motion, as amended, was approved by the following
vote:
Ayes: Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tem Holbrook
Noes: Councilmembers Feinstein, Genser, Mayor O'Connor
Absent: None
Councilmember Genser requested that the record reflect that
while he generally supports the ordinance, he believes it is
going "overboard" in prohibiting sitting on railings.
Mayor O'Connor requested that the record reflect that while she
generally supports the ordinance, she believes that prohibiting
sitting on curbs is going too far.
Councilmember Feinstein requested that the record reflect that
while he generally supports the ordinance, he believes that
prohibiting both sitting on railings and sitting on curbs is
going too far.
9-A: CONSIDERATION OF ALTERNATIVES/SITE NAMED FOR FORMER MAYOR
CHRISTINE EMERSON REED: Presented was the staff report
providing alternatives for a site to be named for Former Mayor
Christine Emerson Reed.
Staff Report
Member of the public Joey Fullmer expressed her concerns.
Motion by Mayor Pro Tem Holbrook, seconded by Councilmember
Ebner, to instruct staff to prepare necessary implementation
documentation to change the name of Lincoln Park to Christine
Emerson Reed Park. 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
On order of the Mayor, the City Council recessed at 8:45 p.m.,
and reconvened at 9:17 p.m., with all members present.
10-A: CONFIRMATION OF ASSESSMENT COSTS/FY 1995-96/ANNUAL STREET
RESURFACING PROGRAM: Presented was the public hearing to
receive public input from affected property owners, and
recommendation to adopt a resolution confirming the assessment
costs for the FY 1995-96 Annual Street Resurfacing Program and
Appurtenant Work on various City streets, including the
assessment of non-profit organizations.
Staff Report
On order of the Mayor, the public hearing was opened.
Members of the public Mahfour Doss, Nancy Fawzy, Joel
McLafferty, Louise Taylor, Sandie Richards, Beth Leder-Pack,
Ira Borbor, Franceye Smith, and Judy Abdo spoke in protest of
their assessments.
Member of the public Joey Fullmer expressed her concerns.
There being no other speakers, the Mayor closed the public
hearing.
Discussion ensued as the concerns expressed by members of the
community relative to the assessment to non-profits and
churches, and about options suggested by members of the public,
including an exemption similar as that of the State to
institutions with welfare exemptions.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to request staff to return with an analysis of
options for easing the burden for the non-profit community, in
particular studying the possibility of giving a reduction,
similar to the homeowner reduction, for those institutions with
welfare exemptions.
Motion by Councilmember Greenberg, accepted as friendly, to
amend the motion to ask staff to provide an analysis of the
number of organizations in this assessment district that fall
within the welfare exemption and what the amount would be
should the assessment be mitigated or a blanket waiver be
authorized, and to provide an analysis of other cities which
may have provisions for hardship exemptions.
The motion, as amended, was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Rosenstein, Ebner,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: None
13-A: TERRY ANN RETZINGER/PETITION/OPPOSITION TO PROPOSED
STRUCTURE/708 PICO: The request of Terry Ann Retzinger to
present a petition in opposition to the proposed structure at
708 Pico signed by residents of the neighborhood surrounding
the project was continued to the meeting of June 10, 1997, at
the request of Ms. Retzinger.
13-B: MARC D. MISKEY/MUNICIPAL CODE SECTION 6.36 (VENDING): The
request of Marc D. Miskey to address Council regarding the
constitutionality, sensibility, and enforcement of Municipal
Code Section 6.36 (Vending) was received and filed due to the
absence of Mr. Miskey from the meeting.
14-A: APPOINTMENT/CONVENTION AND VISITORS BUREAU: Mayor
O'Connor opened the floor to nominations to the Convention and
Visitors Bureau.
Councilmember Ebner nominated Hugh Crawford. Councilmember
Rosenstein nominated Rodney Punt. There being no further
nominations, nominations were closed. On a call for the vote,
Rodney Punt was appointed to the Convention and Visitors Bureaufor a term ending June 30, 1998.
14-B: TRAVEL EXPENSES/SUSTAINABLE MUNICIPAL PLANNING/THE OTHER
ECONOMIC SUMMIT: Presented was the request of Councilmember
Feinstein to approve travel expenses to speak on a panel on the
subject of "Sustainable Municipal Planning" at "The Other
Economic Summit" in Denver, Colorado, from June 19 to June 22,
1997.
Motion by Mayor O'Connor, seconded by Councilmember Greenberg,
to approve travel expenses for Councilmember Feinstein to speak
on a panel on the subject of "Sustainable Municipal Planning" at
"The Other Economic Summit" in Denver, Colorado, from June 19 to
June 22, 1997. The motion was unanimously approved by voice
vote.
14-C: DISTRIBUTION AND DISCUSSION OF FY 1997-98 BUDGET
INFORMATION WITH THE PUBLIC/FARMER'S MARKETS: Presented was the
request of Councilmember Feinstein for Council to approve
distribution and discussion of FY 1997-98 budget information
with the public, at the Farmer's Markets during the June 1997
budget discussion period, involving staff from the Finance
Department and any Councilmembers who wish to attend.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to approve distribution and discussion of FY 1997-98
budget information with the public, at the Farmer's Markets
during the June 1997 budget discussion period, involving staff
from the Finance Department and any Councilmembers who wish to
attend but who are not a part of the official presentation.
The motion was unanimously approved by voice vote.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to extend the meeting past 11:00 p.m. The motion was
approved by voice vote, Councilmember Ebner opposed.
14-D: ANALYSIS OF IMPACTS/LIVING WAGE ORDINANCE: Presented was
the request of Councilmember Rosenstein and Mayor O'Connor to
discuss directing staff to analyze the impacts of Santa Monica
adopting a Living Wage Ordinance.
Motion by Councilmember Rosenstein, seconded by Mayor O'Connor,
to direct staff to analyze the impacts of Santa Monica adopting
a Living Wage Ordinance, similar to that adopted by the City of
Los Angeles, and return with recommendations. The motion was
unanimously approved by voice vote.
15: PUBLIC INPUT: Member of the public Brian Hutchings
discussed the relationship between the G-7 countries and the
IMF and "The Other Economic Conference."
16: CLOSED SESSION: At 11:10 p.m., Council recessed to Closed
Session.
16-A: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: California Attorneys for Criminal
Justice, McNally, et al. v. James Butts, et al., Case No.
CV 95-8634.
ACTION: Heard. No action taken.
16-B: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL
Existing Litigation: City of Santa Monica v. Mobil Oil,
Case No. SC045788.
ACTION: Heard. No action taken.
16-C: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL
Anticipated Litigation
Number of cases: Two
ACTION: Heard. No action taken.
ADJOURNMENT: At 12:10 a.m., the meeting was adjourned in
memory of Janet Larkin.