CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 9, 1997
A regular meeting of the Santa Monica City Council was called
to order by Mayor O'Connor at 6:38 p.m., on Tuesday, December
9, 1997, in the Council Chambers.
Roll Call: Present: Mayor Pam 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
PLEDGE Mayor Pro Tem Holbrook led the assemblage in the
Pledge of Allegiance to the Flag of the United States of
America.
4-A: INSTALLATION OF MAYOR AND MAYOR PRO TEM: As voted upon
during the meeting of December 10, 1996, wherein Councilmembers
O'Connor and Holbrook were elected to serve split terms as
Mayor and Mayor Pro Tem for one year each, and with
Councilmember O'Connor having served as Mayor the first year,
Mayor O'Connor handed over the gavel to new Mayor Holbrook for
the second year and assumed her seat as Mayor Pro Tem.
Mayor Holbrook read a commendation to former Mayor O'Connor, in
recognition and thanks of her dedication and leadership during
her tenure as Mayor, and presented her with a gift. Mayor Pro
Tem O'Connor made a brief statement.
Member of the public Dan Ehrler, representing the Chamber of
Commerce, conveyed the Chamber's deep appreciation of Mayor Pro
Tem O'Connor during her term as Mayor and congratulated Mayor
Holbrook on his appointment and wished him a year of success.
Member of the public Ricky Ormonde congratulated Mayor
Holbrook. Councilmembers Feinstein, Greenberg, Genser, and
Mayor Holbrook thanked Mayor Pro Tem O'Connor and acknowledged
her accomplishments during her term.
RECESS On order of the Mayor, the City Council recessed at
6:50 p.m., and reconvened at 7:00 p.m., with all members
present.
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. At the request of Mayor Pro Tem O'Connor,
the "Hands Across the Parklands" item was removed from the
Consent Calendar.
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem
O'Connor, to approve the remainder of the Consent Calendar,
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 O'Connor, Mayor Holbrook
Noes: None
Absent: None
6-A: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9219(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-B: STATEMENT OF OFFICIAL ACTION FOR 1828 OCEAN AVENUE for
appeal 97-013 of Planning Commission approval to extend for 18
months the rights granted by CUP 94-012 to allow the
development of a 127-car parking lot in the residential visitor
commercial zoning district at 1828 Ocean Avenue was approved.
Staff Report
6-C: STATEMENT OF OFFICIAL ACTION/APPEALS 97-012 AND 97-
015/ALCOHOL LICENSES/1910 OCEAN AVENUE: The Statement of
Official Action for appeals 97-012 and 97-015 of Planning
Commission approval to allow the issuance of Type-47, Type 66,
and Type 68 alcohol licenses to be used in conjunction with the
operation of an existing hotel, located at 1910 Ocean Avenue,
and the annual contribution of $50,000 to the City of Santa
Monica's transit shuttle service program was approved.
Staff Report
6-D: AGREEMENT FOR LIFEGUARD SERVICES: Contract No. 6869(CCS)
was approved with Los Angeles County to provide lifeguard
services at Santa Monica State Beach for a term of five years.
Staff Report
6-E: FITNESS EVALUATIONS - EMPLOYEE WELLNESS BENEFIT PROGRAM:
Contract No. 6870(CCS) was approved with Fitness Appraisal,
Inc., in an amount not to exceed $35,000, to provide for the
Employee Wellness Benefit Program.
Staff Report
6-G: PUBLIC SAFETY DISPATCHERS: The recommendation to direct
the City Attorney to prepare an ordinance to allow Public
Communication Operators II to participate in Peace Officer
Standards and Training was withdrawn at the request of staff.
Staff Report
6-H: PURCHASE OF MOTORCYCLES: Bid No. 2666 was awarded to
Bartel's Harley Davidson to furnish and deliver eight
motorcycles for the Police Department, in an amount not to
exceed $112,544.
Staff Report
6-I: CONTRACT RE SUSTAINABLE DESIGN AND PERFORMANCE
REVIEW/PUBLIC SAFETY FACILITY: Contract No. 6871(CCS) was
approved with Gottfried Technology, Inc., in an amount not to
exceed $150,000, to implement a sustainable building practices
design and performance review of the Public Safety Facility.
Staff Report
END OF CONSENT CALENDAR
6-F: HANDS ACROSS THE PARKLANDS: Mayor Pro Tem O'Connor
explained that she removed this item from the Consent Calendar
to draw attention to its importance.
Staff Report
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember
Feinstein, to adopt Resolution No. 9220(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN
SUPPORT OF 'HANDS ACROSS THE PARKLANDS' IN RECOGNITION OF THE
20TH ANNIVERSARY OF THE SANTA MONICA MOUNTAINS NATIONAL
RECREATION AREA," 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 O'Connor, Mayor Holbrook
Noes: None
Absent: None
7: ADMINISTRATIVE PROCEEDINGS:
7-A: APPEAL 97-019/CUP/DANCING/CHILLERS RESTAURANT: Presented
was Appeal 97-019 of Planning Commission Conditions of Approval
Use Permit 97-012 to allow a modification to an existing
restaurant/bar with an approved Type-47 (On-Sale General for
Public Eating Place) alcohol license at 1446 Third Street
Promenade.
Applicant/Appellant: L. Elizabeth Strahlstrom, Esq./Chillers
Restaurant
Staff Report
On order of the Mayor, the public hearing was opened.
Sherman Stacey, representing the applicant/appellant, spoke in
support of the appeal.
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
Genser, to deny the appeal and uphold the Planning Commission
action on Conditional Use Permit 97-012 with findings and
conditions.
Substitute motion by Mayor Pro Tem O'Connor, seconded by
Councilmember Greenberg, to consider Chillers a nightclub,
issue a Conditional Use Permit for a term of one year allowing
the establishment to function as a nightclub twelve times
during the year, allowing a cover charge for the twelve events,
requiring that the sound improvements be made in order to
conduct the events, and to notify the City prior to holding the
events for monitoring purposes.
Discussion ensued on the merits of the motion. Councilmember
Greenberg withdrew her second to the substitute motion, which
subsequently died for lack of a second.
The main motion was approved by the following vote:
Ayes:Councilmembers Ebner, Rosenstein, Greenberg, Genser,
Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: None
8: ORDINANCES:
8-A: ORDINANCE FOR PEDESTRIAN-ORIENTED DESIGN STANDARDS: At the
request of staff, the ordinance for first reading and
introduction amending Article IX of the municipal code to
provide for pedestrian-oriented design standards will be
considered on December 16, 1997.
9: STAFF ADMINISTRATIVE ITEMS:
9-A: VETERAN'S MEMORIAL/PALISADES PARK EXTENDED BEACH
BIKEPATH: Presented was the staff report recommending approval
of the design of additional components of the Beach Improvement
Group Project: the Veteran's Memorial in Palisades Park and the
beach trail (bikepath) expansion from the Santa Monica Pier to
Bay Street, and improved pedestrian linkages from the Santa
Monica Pier to Bay Street, and appropriation of funds as
recommended.
Staff Report
On order of the Mayor, the public hearing was opened. Member
of the public Thomas Scully spoke in opposition to the
veterans' memorial design.
Member of the public Jerry Rubin spoke in support of the
proposed veterans' memorial and the extended beach bikepath.
Member of the public Mark Scully spoke in support of the
proposed veterans' memorial.
Member of the public Frank Schwangel reported on the role of
the Parks & Recreation Commission in relation to the veterans'
memorial and spoke in support of same.
Member of the public Robert Sullivan spoke in support of the
proposed veterans' memorial with the incorporation of the logos
of each of the services on the monument, development of
appropriate text, and a flag pole.
Member of the public Brian Hutchings expressed his concerns.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Councilmember Ebner, seconded by Councilmember
Genser, to approve the Veteran's Memorial design Option C at
Arizona Street, as outlined in the staff report, modified to
incorporate the ability to raise a flag.
Motion by Councilmember Feinstein, accepted as friendly, to
amend the motion to include the logos of each of the branches
of the armed services in the design. The motion was approved
by the following vote:
Ayes:Councilmembers Feinstein, Genser, Greenberg, Rosenstein,
Ebner, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: None
Motion by Councilmember Greenberg, seconded by Councilmember
Feinstein, to approve the concept design for the expanded beach
(bikepath) trail and improved pedestrian linkages from the
Santa Monica Pier to Bay Street, as proposed in the staff
report; and, appropriate $130,000 from the Beach Fund to
Account 11-740-511-20098-8900-99667. The motion was approved
by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg,
Ebner, Mayor Pro Tem O'Connor, Mayor Holbrook
Abstain: Councilmember Rosenstein
Noes: None
Absent: None
On order of the Mayor, the City Council recessed at 9:42 p.m.,
and reconvened at 10:10 p.m., with all members present.
9-B: RECORDS MANAGEMENT PROGRAM: Presented was the staff
report recommending approval of the Records Management Program,
of the Records Management Program Manual, and the resolution
adopting retention schedules for the City Attorney's Office,
the Personnel Department, the Fire Department, and the
Transportation Department.
Staff Report
On order of the Mayor, the public hearing was opened. Member
of the public Robert Wright discussed record retention.
There being no other speakers, the Mayor closed the public
hearing.
Motion by Councilmember Greenberg, seconded by Councilmember
Feinstein, to approve, in concept, a City-wide Records
Management Program; approve the Records Management Program
Manual; and adopt Resolution No. 9221(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING RECORDS RETENTION SCHEDULES FOR THE CITY ATTORNEY'S
OFFICE, THE PERSONNEL DEPARTMENT, THE FIRE DEPARTMENT, AND THE
TRANSPORTATION DEPARTMENT," 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 O'Connor, Mayor Holbrook
Noes: None
Absent: None
10: PUBLIC HEARINGS:
10-A: ACQUISITION OF PROPERTY BY EMINENT DOMAIN RE CLOVER-
FIELD BOULEVARD WIDENING PROJECT: Presented was the public
hearing recommending adoption of Resolutions of Necessity to
acquire property interests by eminent domain, if necessary, for
Phase II of the Cloverfield Boulevard Widening Project.
Staff Report
On order of the Mayor, the public hearing was opened.
Members of the public Louis Savett, Charles Gumbiner, David
Rose, and Jill Rosenberg, business property owners within the
project area, expressed concern with the configuration and
impacts of the proposed widening on existing parking spaces for
employees and customers.
The Mayor closed the public hearing.
Motion by Councilmember Genser, seconded by Mayor Pro Tem
O'Connor, to continue the meeting past 11:00 p.m. The motion
was approved by voice vote, Councilmember Rosenstein opposed.
Councilmember Ebner excused herself at 11:00 p.m.
Motion by Councilmember Greenberg, seconded by Mayor Pro Tem
O'Connor, to adopt Resolution No. 9222(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY" (1752 Cloverfield Boulevard); Resolution No.
9223(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF CERTAIN REAL PROPERTY" (1707 Cloverfield
Boulevard); Resolution No. 9224(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING AND
DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY" (1751-
1753 Cloverfield Boulevard); Resolution No. 9225(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA FINDING AND DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF
CERTAIN REAL PROPERTY" (1723-1725 Cloverfield Boulevard);
reading by title only and waiving further reading thereof,
with the understanding that this is direction to staff to move
forward with the property acquisition, and traffic and
circulation issues will return to Council at a later time, and
with a friendly amendment by Mayor Holbrook to direct staff to
explore the possibility of a land-swap of the City-owned
(concrete) land on 26th Street and the frontage on Cloverfield
for the purpose of attempting to resolve the parking issues
raised during the meeting. The motion was approved by the
following vote:
Ayes: Councilmembers Rosenstein, Greenberg, Genser,
Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: Councilmember Ebner
10-B: MULTIFAMILY RENTAL HOUSING DEVELOPMENT: Presented was
the public hearing to receive public input and to adopt a
resolution approving the issuance of tax-exempt bonds by the
California Statewide Communities Development Authority to
assist in the financing of a 17-unit affordable family project
in the City of Santa Monica to be owned by Community
Corporation of Santa Monica.
Staff Report
Councilmember Greenberg excused herself at 11:17 p.m.
On order of the Mayor, the public hearing was opened and closed
there being no one present to speak.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to adopt Resolution No. 9226(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE ISSUANCE OF BONDS BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PURPOSE OF PROVIDING
A LOAN TO FINANCE A MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO
BE OWNED BY COMMUNITY CORPORATION OF SANTA MONICA," reading by
title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor Pro
Tem O'Connor, Mayor Holbrook
Noes: None
Absent:Councilmembers Greenberg, Ebner
12: RESOLUTIONS:
12-A: MOU - MEMORANDUM OF UNDERSTANDING/SUPERVISORY TEAM
ASSOCIATES: Resolution No. 9227(CCS), authorizing the City
Manager to execute a Memorandum of Understanding with
Supervisory Team Associates (STA), was adopted.
13: WRITTEN COMMUNICATIONS:
13-B: ASSISTANCE IN TAPING SANTA MONICA-MALIBU UNIFIED SCHOOL
BOARD MEETINGS: Julia Brownley, President of Santa Monica-
Malibu Unified School District, presented the request of the
District for assistance in taping school board meetings and
described some of the scheduling problems encountered by the
District in trying to hold meetings in the City Council's
Chamber.
Motion by Councilmember Feinstein, seconded by Councilmember
Genser, to direct CityTV to televise the Santa Monica-Malibu
Unified School District board meetings held in the School
Board's chambers on a delayed basis through June 1998.
Motion to amend by Councilmember Rosenstein, accepted as
friendly, to urge CityTV to work with the School District to
explore if costs can be reduced in a way in which the School
District feels comfortable with the quality. The motion, as
amended, was unanimously approved by voice vote, Councilmembers
Ebner and Greenberg absent.
14: COUNCILMEMBER DISCUSSION ITEMS:
14-A: APPOINTMENTS TO BOARDS AND COMMISSIONS: Appointments to
the Airport Commission, Commission on the Status of Women,
Housing Commission, and Los Angeles County West Vector Control,
were continued to the meeting of December 16, 1997. as a 5-
item.
14-B: SOCIAL SERVICES COMMISSION APPOINTMENT: One
appointment to an unscheduled vacancy on the Social Services
Commission for a term ending June 30, 1998, was continued to
the meeting of December 16, 1997, as a 5-item.
14-C: PIER RESTORATION CORPORATION APPOINTMENTS: Five (5)
appointments to annual vacancies on the Pier Restoration
Corporation for two terms expiring November 8, 1999, and for
three terms expiring November 6, 2000, were continued to the
meeting of December 16, 1997, as a 5-item.
14-D: LANDMARKS COMMISSION APPOINTMENT: One appointment to an
unscheduled vacancy on the Landmarks Commission for a term
ending June 30, 1998, was continued to the meeting of December
16, 1997, as a 5-item.
14-E: HOUSING COMMISSION RESIGNATION: Motion by Mayor
Holbrook, seconded by Mayor Pro Tem O'Connor, to accept with
regrets the resignation of Albert Rosen from the Housing
Commission and authorize the City Clerk to publish for an
unscheduled vacancy for a term ending June 30, 1998. The
motion was unanimously approved by voice vote, Councilmembers
Ebner and Greenberg absent.
Councilmember Rosenstein excused himself from the meeting at
11:37 p.m.
14-F: OBSERVATION - SEASON OF NON-VIOLENCE: Presented was the
request of Councilmember Feinstein to support the observance of
a Season of Non-Violence, a 64-day campaign highlighting
individuals and organizations that choose non-violence as a way
of life; and to authorize the preparation of a proclamation in
support of the observance.
Member of the public Brian Hutchings expressed his concerns.
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem
O'Connor, to support the observance of a Season of Non-
Violence, a 64-day campaign highlighting individuals and
organizations that choose non-violence as a way of life; and
authorize the preparation of a proclamation in support of the
observance.
The motion was unanimously approved by voice vote,
Councilmembers Ebner, Greenberg, and Rosenstein absent.
15: PUBLIC INPUT: Member of the public Steve Nutter, John
Seeley, and Ron Lipschultz discussed the issue of sweatshops.
16: CLOSED SESSIONS At 11:46 p.m., Council adjourned to the
following closed sessions.
16-A: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director
Bargaining Unit: Supervisory Team Associates (STA)
ACTION: Approved. For action, see Item 12-A.
16-B: Conference with Legal Counsel - Existing Litigation:
David M. Rosman, et al. v. City of Santa Monica, Case No. SS
007045.
ACTION: Heard. No action taken.
16-C: Conference with Legal Counsel - Existing Litigation:
Jerry Rubin v. City of Santa Monica, Case No. CV 97-8786 CBM
(Jgx).
ACTION: Heard. No action taken.
16-D: Conference with Legal Counsel - Existing Litigation:
City of Santa Monica v. Mobil Oil, Case No. SC 778141.
ACTION: Heard. No action taken.
16-E: Conference with Legal Counsel - Existing Litigation:
Julie Dad v. City of Santa Monica, et al., Case No. BC 181514.
ACTION: Heard. No action taken.
ADJOURNMENT On order of the Mayor the City Council meeting
was adjourned at 12:10 a.m.
ATTEST: APPROVED:
Maria M. Stewart Robert T. Holbrook
City Clerk Mayor