CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 8, 1997
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor O'Connor at 6:40 p.m., on Tuesday,
July 8, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pamela O'Connor
Mayor Pro Tem Robert T. Holbrook
(arrived at 6:50 p.m.)
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 Greenberg led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
Motion by Councilmember Rosenstein, seconded by Councilmember
Genser, to conduct a Closed Session subsequent to Item No. 8-B
to discuss the Mobil Oil litigation and one case of anticipated
litigation. The motion was unanimously approved by voice vote,
Mayor Pro Tem Holbrook absent.
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.
Councilmember Rosenstein advised that he has a conflict of
interest on a portion of Item No. 6-G as he lives and owns
property in the area of Princeton Street.
Councilmember Greenberg declared a conflict of interest on a
part of Item No. 6-G as she lives on 15th Street.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to separate Item No. 6-G from the hearing on the
Consent Calendar so that if any members of the public wish to
speak on anything except Item No. 6-G they can do so at this
time. The motion was unanimously approved by voice vote, Mayor
Pro Tem Holbrook absent.
Members of the public Joey Fullmer and Brian Hutchings
discussed items on the Consent Calendar.
At the request of Councilmember Ebner, item Nos. 6-C and 6-F
were removed from the Consent Calendar.
Mayor Pro Tem Holbrook arrived at 6:50 p.m.
Motion by Councilmember Feinstein, seconded by Councilmember
Rosenstein, to approve the Consent Calendar, with the exception
of Item Nos. 6-C 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-A: MINUTES APPROVAL: The City Council minutes of the
meetings of June 10, and June 17, 1997, were approved as
submitted.
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9159(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-D: EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT AREA TAX
INCREMENT REVENUES: Resolution No. 9160(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ELECTING TO RECEIVE A PAYMENT PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 33607.5 OF THE COMMUNITY REDEVELOPMENT LAW WITH
RESPECT TO THE SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT
PROJECT AREA," was adopted.
Staff Report
6-E: STATE GRANT ASSISTANCE TO LOCAL LAW ENFORCEMENT AGENCIES
PROJECT/ALCOHOL SALES/ALCOHOL-RELATED CRIME: Resolution No.
9161(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO ACCEPT FUNDS THROUGH THE STATE GRANT
ASSISTANCE TO LOCAL LAW ENFORCEMENT AGENCIES PROJECT
ADMINISTERED BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH
THE STATE," was adopted and Contract No. 6709(CCS) with the
State of California was approved.
Staff Report
6-H: CONTRACT/DESIGN DRAWINGS/CONSTRUCTION DOCUMENTS/PUBLIC
SAFETY FACILITY: Contract No. 6711(CCS) was approved with
Dworsky Associates, in an amount not to exceed $3,240,000 to
prepare design drawings and construction documents for the
Public Safety Facility.
Staff Report
6-I: OIL RECYCLING/HOUSEHOLD HAZARDOUS WASTE/GRANT
DOCUMENTATION: Resolution No. 9162(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
CITY MANAGER TO SUBMIT AND EXECUTE USED OIL RECYCLING AND
HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATIONS TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD," was adopted.
Staff Report
6-J: CONTRIBUTION/SUMMER SEMINAR/INDEPENDENT CITIES
ASSOCIATION: A contribution in the amount of $5,000 was
approved in support of the Summer Seminar sponsored by the
Independent Cities Association (ICA).
Staff Report
END OF CONSENT CALENDAR
6-C: STATEMENT OF OFFICIAL ACTION/APPEAL/FINAL MITIGATED
NEGATIVE DECLARATION/TEXT AMENDMENT 97-001/VARIANCE 95-015/CUP
97-002/ DEVELOPMENT REVIEW 95-002/SENIOR HOUSING/PUBLIC
PARKING STRUCTURE/1136-1144 FOURTH STREET: Councilmember Ebner
advised that she removed this item from the Consent Calendar
because she is going to abstain from voting.
Staff Report
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to approve the Statement of Official Action for Appeal
of the Approval of Final Mitigated Negative Declaration (IS 96-
004); Text Amendment 97-001; Variance 95-015; Conditional Use
Permit 97-002; and Development Review 95-002 to permit
construction of a 66-unit senior housing project and a public
parking structure located at 1136-1144 Fourth Street. The
motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein,
Mayor O'Connor
Abstain: Councilmembers Ebner, Greenberg, Mayor Pro Tem
Holbrook
Noes: None
Absent: None
6-F: CONTRACT/ANALYSES/MODIFICATIONS/INCLUSIONARY HOUSING
ORDINANCE: Councilmember Ebner advised that she removed this
item from the Consent Calendar in order to ask questions
relating to the contract amount and scope of work. Staff
responded to Councilmember Ebner's questions.
Staff Report
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to approve Contract No. 6710(CCS) with Hamilton,
Rabinovitz, and Alschuler, in an amount not to exceed $98,740,
for the preparation of analyses related to modifications of the
City's Inclusionary Housing Ordinance. 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-G: PREFERENTIAL PARKING ZONES: Presented was the staff report
recommending direction to the City Attorney to prepare
ordinances to establish six new preferential parking zones at
various locations in the City and to direct staff to conduct an
environmental evaluation of the proposed zones. It was the
consensus of Council that members of the public would be heard
on this matter and then the action would be split to allow
Councilmembers having a conflict of interest with a portion of
the recommendation to vote on the remaining portion.
Staff Report
Members of the public Deanna Chouinard, Carol Salva, Gertrude
Shinbane, Marlene Bronson, Frank Mitchell, and Vera Kalil spoke
in support of the preferential parking zone for 14th Street.
Member of the public Beverly Padway spoke in support of the
preferential parking zone for Centinela.
Members of the public Nooshin Sharafi, Ronald Cohen, and Kathy
Mitchell spoke in support of the preferential parking zone on
22nd Street.
Members of the public Serene Meshel-Dillman, Jenny Rush, Phil
Dunn, William Gurfield, Joan Gurfield, Tony Stenger, and Mary
Jo Stenger spoke in support of residential permit parking only
for 15th Street.
Members of the public David Moir, Janina Krupa, Sylvia Shniad,
David Shniad, Susan Henderson, Catherine Leatherbarrow, and
Steve Ramirez spoke in support of the preferential parking zone
for Princeton Street.
Members of the public Vanessa Serrano, Shirley Reid, Rosa
Gutierrez, Carolann Belmont, Richard Belmont, Sandra Ramirez,
Danielle Smith, Alex Kopelevich, and Louis Warren spoke in
support of the preferential parking zone for 18th Street.
Motion by Councilmember Feinstein, seconded by Councilmember
Rosenstein, to hear late speakers. The motion was approved by
voice vote with Mayor Pro Tem Holbrook opposed.
Members of the public Diane Golomb and Patricia Stephens spoke
in support of the preferential parking zone for 18th Street.
Member of the public Amani Abu-Zamzam spoke in support of the
preferential parking zone for 22nd Street.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to approve the staff recommendation pertaining to
all zones except Princeton and, in addition, direct staff to
prepare enough analysis to consider the options for having a "no
parking at any time" on 15th Street except by permit or
including the option of having "no parking except by permit" on
only certain days of the week; and that there be consideration
of longer hours on 22nd Street, including until 9:00 p.m. 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
It was the consensus of Council, based on this discussion, that
staff is to return with a report on the process of situations
where a handicapped individual, who is a tenant, requests a
handicapped parking space and the landlord's signature is
required but the landlord refuses to sign.
Councilmember Rosenstein was excused at 8:05 p.m.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to request that staff proceed, with the intent to
focus on Princeton Street, and not going to the point where a
longer environmental process is needed, and also request that
staff include in the analysis, even if just for Princeton
Street, going until midnight instead of just 7:00 p.m. The
motion was approved by the following vote:
Ayes: Councilmembers Ebner, Greenberg, Genser,
Feinstein,
Mayor Pro Tem Holbrook, Mayor O'Connor
Noes: None
Absent: Councilmember Rosenstein
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to hear a speaker out of order for public input. The
motion was unanimously approved by voice vote with Council-
member Rosenstein absent.
Councilmember Rosenstein returned to the dias.
15: PUBLIC INPUT: Member of the public Pro Se requested that
Housing Commission meetings be televised.
The meeting returned to the regular order of the agenda.
Motion by Councilmember Greenberg, seconded by Councilmember
Feinstein, to hear Closed Session Item No. 16-C out of order
and conduct such Closed Session during the following break.
The motion was unanimously approved by voice vote.
On order of the Mayor, the City Council recessed at 8:53 p.m.
16-C: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Mobil Oil,
Case No. SC778141.
ACTION: Heard. No action taken.
16-H: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Anticipated Litigation: One Case.
ACTION: Heard. No action taken.
On order of the Mayor, the City Council reconvened at 9:31
p.m., with all members present.
8-A: ORDINANCE/DEFINITION/INCIDENTAL ARTS AND ENTERTAINMENT
USES: Presented was an ordinance for introduction and first
reading amending Article IX (the Zoning Ordinance) to add a
definition of "incidental arts and entertainment uses" and
establishing standards for such uses in the Main Street
Commercial District.
Staff Report
On order of the Mayor, the public hearing was opened.
Members of the public Lynne Bronstein and Fred Starner spoke in
support of the proposed ordinance.
Member of the public Joey Fullmer expressed her concerns.
Members of the public Rexford Sherman, John Gabree, Andrew
Lederer, Harry Redlich, Leslie Paunessa, Charles Ritter, and
Robb Fulcher spoke in support of the proposed ordinance;
however, expressed concern with proposed fees.
There being no further speakers, the Mayor closed the public
hearing.
Motion by Councilmember Ebner, seconded by Councilmember
Genser, to introduce the ordinance.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to amend the motion to add a clause in each section
stipulating that there be no cover charge.
Substitute motion by Councilmember Genser, seconded by
Councilmember Feinstein, to ask staff to return with an interim
ordinance, if necessary, to legalize the temporary uses for an
interim period; staff to develop an appropriate permit to run
with the establishment for either a set period of time or to
run with the business, and not run with the land; review a new
category for fee structure for this period and evaluate the
appropriateness of it being citywide. The motion was approved
by the following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein,
Mayor Pro Tem Holbrook,
Mayor O'Connor
Abstain: Councilmembers Greenberg, Ebner
Noes: None
Absent: None
8-B: ORDINANCE/CURFEWS: Presented for first reading was an
ordinance amending Santa Monica Municipal Code Section 4.08.370
relating to curfews.
Staff Report
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to continue the meeting past 11:00 p.m. The motion
was unanimously approved by voice vote.
On order of the Mayor, the public hearing was opened.
Member of the public Joey Fullmer expressed her concerns.
There being no further speakers, the Mayor closed the public
hearing.
Motion by Councilmember Greenberg, seconded by Councilmember
Genser, to introduce the ordinance for first reading amending
it to strike Exception No. 6, "...on the sidewalk abutting the
minor's residence," and adding an exception for minors directly
proceeding to or directly returning from a public meeting or a
place of public entertainment, e.g., movie, play, sporting
event, dance, or school activity.
On order of the Mayor, this item was temporarily tabled until
after consideration of Item No. 9-A, in order for the City
Attorney to prepare appropriate language.
9-A: FINANCIAL IMPACTS/SETTLEMENT AGREEMENT/MTBE CONTAMINATION:
Presented was the staff report recommending discussion of the
financial impacts of the approved settlement agreement
concerning MTBE contamination of the City's water supply and
recommending consideration of rebates and/or reduction of water
rate surcharge, and adoption of an appropriation resolution.
Staff Report
On order of the Mayor, the public hearing was opened.
Members of the public Joey Fullmer and Brian Hutchings
expressed their concerns.
There being no further speakers, the Mayor closed the public
hearing.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to approve staff recommendation to reduce the ongoing
MTBE surcharge by 50% and rebate 50% of past surcharge payments
received to date, approve budget actions, and adopt Resolution
No. 9163(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REDUCING THE EXISTING WATER RATE
SURCHARGE," 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: ORDINANCE/CURFEWS (Resumed):
Staff Report
The motion was clarified 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 4.08.370 RELATING TO CURFEWS," amended as follows: Page
2, Section (3) amended to read: " "Establishment" means any
privately-owned place of business operated for a profit to
which the public is invited except a place of public
entertainment, such as a movie, play, sporting event, dance, or
school activity;" strike exception 6; add in presently-existing
exception for minors who are directly proceeding to or directly
returning home from a public meeting or a place of public
entertainment, such as a movie, play, sporting event, dance, or
school activity. 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
13-A: JAMES TYLER/GRIGSBY AUTOMOTIVE SITE/104 BROADWAY:
Presented was the request of James Tyler, Architect FAIA, to
address the City Council regarding the Grigsby Automotive Site
at 401 Broadway in the City of Santa Monica.
Councilmember Ebner excused herself from the meeting at 12:05
a.m.
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to direct staff to initiate a text amendment
applying to those non-conforming automobile businesses in the
Bayside District which existed as of a past date certain, with
the understanding that they can make physical improvements, but
they must be in conformance with the downtown urban design
standards. The motion was unanimously approved with
Councilmember Ebner absent.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Appointments to the
following boards and commissions for terms expiring June 30,
1997, were continued to the meeting of August 12, 1997.
Accessibility Appeals Board (2)
Airport Commission (1)
Architectural Review Board (2)
Arts Commission (2)
Bayside District Corporation (3)
Building & Safety (1)
Commission on Older Americans (2)
Commission on the Status of Women (3)
Convention and Visitors Bureau (2)
Housing Commission (4)
Landmarks Commission (2)
Library Board (1)
Metropolitan Cooperative Library System
Advisory Board (1)
Personnel Board (2)
Planning Commission (1)
Recreation & Parks Commission (1)
Social Services Commission (2)
14-B: SUPPORT/SENATE BILL 500/BAN/SATURDAY NIGHT SPECIALS:
Presented was the request of Councilmember Genser that the City
Council support Senate Bill 500 (Polanco) which, if enacted,
would provide for a statewide ban on "Saturday Night Specials."
Motion by Councilmember Genser, seconded by Councilmember
Feinstein, to take a position of support of Senate Bill 500
(Polanco) and ask staff to draft a letter for the Mayor's
signature to be sent to the appropriate individuals.
Member of the public Brian Hutchings expressed his concerns.
The motion was unanimously approved by voice vote,
Councilmember Ebner absent.
15: PUBLIC INPUT: Member of the public John Jurenka discussed
water and City cleanliness problems.
Member of the public Brian Hutchings discussed watershed
issues.
16: CLOSED SESSION: At 12:16 a.m., Council recessed to Closed
Session.
16-A: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Ring Trading Corp. v. City of Santa
Monica, Case No. BC172044.
ACTION: Not heard.
16-B: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Marc Miskey v. City of Santa Monica,
Case No. CV 97-4325.
ACTION: Heard. No reportable action taken.
16-D: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Miriam Zhito v. City of Santa Monica,
Case No. SC045124.
ACTION: Not heard.
16-E: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: Cindy Luff v. City of Santa Monica,
Case No. SC041742.
ACTION: Not heard.
16-F: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Existing Litigation: City of Santa Monica v. Walther,
SC043522.
ACTION: Heard. No reportable action taken.
16-G: CLOSED SESSION/CONFERENCE WITH LABOR NEGOTIATOR:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Units: Administrative Team Associates (ATA)
Executive Pay Plan (EPP)
Legal Support Staff Association of Santa
Monica (LSSASM)
Management Team Associates (MTA)
Municipal Employees Association (MEA)
Public Attorneys Union (PAU)
Santa Monica Firefighters Local 1109
(SMFFA)
Santa Monica Police Officers Association
(SMPOA)
Supervisors Team Associates (STA)
United Transportation Union (UTU)
ACTION: Heard. No reportable action taken.
16-H: CLOSED SESSION/CONFERENCE WITH LEGAL COUNSEL:
Anticipated Litigation: One Case.
ACTION: Heard. No reportable action taken.
ADJOURNMENT: At 1:30 a.m., the meeting was adjourned to July
22, 1997, at 6:30 p.m.
ATTEST: APPROVED:
Maria M. Stewart Pamela
O'Connor
City Clerk