CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 16, 1997
A regular adjourned meeting of the Santa Monica City Council
was called to order by Mayor Holbrook at 6:40 p.m., on Tuesday,
December 16, 1997, in the Council Chambers.
Roll Call: Present: Mayor Robert T. Holbrook
Mayor Pro Tem Pam O'Connor
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Absent: Councilmember Ruth Ebner
Also Present:City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
PLEDGE Councilmember Feinstein led the assemblage in the
Pledge of Allegiance to the Flag of the United States of
America.
4: SPECIAL AGENDA ITEMS:
4-A: COMMENDATIONS Mayor Holbrook presented commendations to
David Costello and Christopher Daugherty, Drum Majors of the
Santa Monica Viking Marching Band.
At 6:45 p.m., a Special Redevelopment Agency Meeting was
convened.
Redevelopment Agency
Roll Call: Present: Chair Robert T. Holbrook
Chair Pro Tem Pam O'Connor
Agency Member Michael Feinstein
Agency Member Ken Genser
Agency Member Asha Greenberg
Agency Member Paul Rosenstein
Absent: Agency Member Ruth Ebner
Also Present: Executive Director John Jalili
Agency Attorney Marsha Jones Moutrie
Agency Secretary Maria M. Stewart
RA-1: REDEVELOPMENT AGENCY ANNUAL REPORT: Presented was the
staff report recommending approval of the Annual Report for
Fiscal Year 1996-1997 for the Redevelopment Agency of the City
of Santa Monica, and direction to the Executive Director to
transmit the report to the Controller of the State of
California.
Member of the public Joey Fullmer expressed her concerns.
Motion by Councilmember Rosenstein, seconded by Councilmember
Greenberg, to approve the Annual Report and direct the
Executive Director to transmit the report to the Controller of
the State of California. The motion was approved by the
following vote:
Ayes: Agency Members Rosenstein, Greenberg, Genser, Feinstein,
Chair Pro Tem O'Connor, Chair Holbrook
Noes: None
Absent:Agency Member Ebner
At 6:52 p.m., the Special Redevelopment Agency Meeting was
adjourned and the City Council Meeting was reconvened.
5-A: CONTINUED ITEMS:
5-A: APPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS:
Airport Commission (1); Commission on the Status of Women (1);
Housing Commission (1); Los Angeles County West Vector Control
(1).
Member of the public Brian Hutchings discussed the Los Angeles
County West Vector Control.
The appointment to the Airport Commission was continued to the
meeting of January 13, 1998, as a 5-item.
Mayor Holbrook announced that the floor would consider
nominations to the Commission on the Status of Women.
Mayor Pro Tem O'Connor nominated Darlene Evans. There being no
other nominations, nominations were closed and Darlene Evans
was unanimously appointed, Councilmember Ebner absent, to the
Commission on the Status of Women for a term expiring June 30,
2001.
Mayor Holbrook announced that the floor would consider
nominations to the Housing Commission.
Councilmember Genser nominated Joyce Budzeleski. Councilmember
Rosenstein nominated Patricia Regan. There being no other
nominations, nominations were closed. On a call for the vote
no one nominee received the requisite majority and the
appointment was continued to the meeting of January 13, 1998,
as a 5-item.
Mayor Holbrook announced that the floor would consider
nominations to the Los Angeles County West Vector Control.
Motion by Councilmember Genser, seconded by Councilmember
Rosenstein, to request staff to readvertise this vacancy and
reagendize the appointment after an appropriate time. The
motion was unanimously approved by voice vote, Councilmember
Ebner absent.
5-B: SOCIAL SERVICES COMMISSION APPOINTMENT: The appointment
to the Social Services Commission was continued to the meeting
of January 13, 1998, as a 5-item.
5-C: PIER RESTORATION CORPORATION APPOINTMENTS: Motion by
Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to
continue the five appointments to the Pier Restoration
Corporation for two terms expiring November 8, 1999, and for
three terms expiring November 6, 2000, to the meeting of
January 13, 1998, as a 5-item. The motion was approved by
voice vote, Councilmember Greenberg opposed, Councilmember
Ebner absent.
5-D: LANDMARKS COMMISSION APPOINTMENT: The appointment to the
Landmarks Commission was continued to the meeting of January
13, 1998.
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 Joey Fullmer and Brian Hutchings
addressed items on the Consent Calendar.
At the request of Councilmember Genser Item No. 6-A, the
minutes to be approved, was removed from the Consent Calendar.
Motion by Councilmember Greenberg, seconded by Councilmember
Feinstein, to approve the Consent Calendar, with the exception
of Item No. 6-A, reading resolutions and ordinances by title
only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein,
Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent:Councilmember Ebner
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9228(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was
approved.
Staff Report
6-C: TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT: The
Comprehensive Annual Financial Report for fiscal year ended
June 30, 1997, was received and filed.
Staff Report
6-D: STATEMENT OF OFFICIAL ACTION FOR 502 GEORGINA AVENUE: The
Statement of Official Action for 502 Georgina Avenue was
approved for the appeal of Planning Commission approval of
Vesting Tentative Parcel Map 24847.
Staff Report
END OF CONSENT CALENDAR
6-A: APPROVAL OF MINUTES: Motion by Councilmember Genser,
seconded by Councilmember Feinstein, to approve the minutes of
the special City Council meeting of November 11, 1997, and
continue the minutes of the regular City Council meeting of
November 11, 1997, to the meeting of January 13, 1998. The
motion was unanimously approved by voice vote, Councilmember
Ebner absent.
8: ORDINANCES:
8-A: INCLUSIONARY HOUSING PROGRAM IN-LIEU FEES ORDINANCE AND
RESOLUTION: Presented for first reading and introduction was an
ordinance amending code sections 9.28.030, 9.28.050, 9.28.060,
and 9.28.070 relating to the in-lieu fee requirements of the
Inclusionary Housing Program, and adoption of a resolution
establishing the inclusionary unit base price for a moderate
inclusionary unit.
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 Ken Kutcher expressed concern with the
amount of the fee and the timing language contained in the
draft interim ordinance.
Member of the public Robert Wright spoke in opposition to the
proposed ordinance.
There being no other public speakers, on order of the Mayor,
the public hearing was closed.
Motion by Councilmember Rosenstein, seconded by Councilmember
Greenberg, to introduce the proposed ordinance and to adopt the
resolution establishing the inclusionary base price for
purposes of calculating the in lieu fee option for moderate-
income units. The motion failed by the following vote:
Ayes: Councilmembers Greenberg, Rosenstein, Mayor Holbrook
Noes: Councilmembers Feinstein, Genser, Mayor Pro Tem O'Connor
Absent: Councilmember Ebner
Motion by Councilmember Genser, seconded by Mayor Pro Tem
O'Connor, to request staff to return to Council at its earliest
convenience with various options related to this issue which
might be useful in addressing the problems related to the
current law that may more broadly take into effect having an
interim ordinance that best furthers the goals of maintaining
and providing affordable housing in the community.
It was the consensus of Council to continue this item to later
in the meeting.
(Resumed):
City Clerk Stewart reviewed the motion as follows: to request
staff to return to Council at its earliest convenience with
various options related to this issue which might be useful in
addressing the problems related to the current law that may
more broadly take into effect having an interim ordinance that
best furthers the goals of maintaining and providing affordable
housing in the community. The motion was unanimously approved
by voice vote, Councilmember Ebner absent.
8-B: PEDESTRIAN-ORIENTED DESIGN STANDARDS ORDINANCE: Presented
for first reading and introduction was an ordinance of the City
Council amending Section 9.04.02.030.645 and adding Section
9.04.10.02.440 relating to pedestrian- oriented design
standards and applying those design standards to property
developed in the following districts: RVC Residential Visitor
Commercial District, BCD Broadway Commercial District, BASCD
Bayside Commercial District, C2 Neighbor-hood Commercial
District, C3 Downtown Commercial District, C3-C Downtown
Overlay District, C4 Highway Commercial District, C6
Commercial District, and the CM Main Street Commercial
District.
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 Robert Wright urged Council to consider
traffic when considering pedestrian friendliness.
There being no other speakers, on order of the Mayor, the
public hearing was closed.
Motion by Councilmember Rosenstein, seconded by Mayor Pro Tem
O'Connor, to introduce for first reading an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.02.030.645 (DEFINITION OF PEDESTRIAN
ORIENTATION) AND ADDING SECTION 9.04.10.02.440 OF ARTICLE IX OF
THE SANTA MONICA MUNICIPAL CODE RELATING TO PEDESTRIAN-ORIENTED
DESIGN STANDARDS AND APPLYING THOSE DESIGN STANDARDS TO
PROPERTY DEVELOPED IN THE FOLLOWING DISTRICTS: RVC RESIDENTIAL
VISITOR COMMERCIAL DISTRICT, BCD BROADWAY COMMERCIAL DISTRICT,
BASCD BAYSIDE COMMERCIAL DISTRICT, C2 NEIGHBORHOOD COMMERCIAL
DISTRICT, C3 DOWNTOWN COMMERCIAL DISTRICT, C3-C DOWNTOWN
OVERLAY DISTRICT, C4 HIGHWAY COMMERCIAL DISTRICT, C6 BOULEVARD
COMMERCIAL DISTRICT AND THE CM MAIN STREET COMMERCIAL DISTRICT,"
reading by title only and waiving further reading thereof.
Motion by Councilmember Genser, accepted as friendly, to add a
sentence to Section 9.04.10.02.440(2) as follows: "No more than
twenty continuous linear feet of any building frontage shall be
opaque."
Motion by Councilmember Genser, accepted as friendly, to amend
the motion that Section 9.04.10.02.440(7)(c) read as follows:
"In order to encourage quality, creativity and compatibility,
the Architectural Review Board may approve exceptions from the
requirements of Subsection (a) of this Section, according to
the procedure for sign permit applications, if all of the
following findings of fact can be made in the affirmative
manner."
Motion by Councilmember Feinstein, accepted as friendly, to
amend the motion to add "community, non-commercial bulletin
boards" to the list included in Section 9.04.10.02.440(1).
Motion by Councilmember Greenberg, accepted as friendly, to
amend the motion that the last sentence of Section
9.04.10.02.440(2) be amended to read: "No merchandise storage
shall be allowed in the storefront windows which blocks the
view of the interior of the building."
The motion, as amended, was approved by the following vote:
Ayes: Councilmembers Rosenstein, Greenberg, Genser, Feinstein,
Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent:Councilmember Ebner
8-C: MORATORIUM ON SUBDIVISIONS: Presented for adoption was an
emergency ordinance enacting a moratorium on subdivisions in
the area bounded by Ocean Avenue, Seventh Street, Adelaide
Drive, and Montana Avenue pending revisions to the Zoning
Ordinance changing the minimum lot width from fifty feet to one
hundred feet for a lot within the above-described area; and
declaring the presence of an emergency.
Staff Report
Councilmember Genser declared a potential conflict of interest
and recused himself from deliberations on this item.
Mayor Holbrook declared a potential conflict of interest and
recused himself from deliberations on this item.
Due to an emergency ordinance requiring five affirmative votes,
the Rule of Necessity was invoked and as the result of a coin
toss Councilmember Genser was designated to participate in this
matter.
On order of the Mayor Pro Tem, the public hearing was opened.
Members of the public Joey Fullmer and Brian Hutchings
expressed their concerns.
Members of the public Jerome Prewoznik and Andy Mintzer spoke
in support of the proposed moratorium.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to adopt Ordinance No. 1892(CCS) entitled: "AN
INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ENACTING A MORATORIUM ON SUBDIVISIONS IN THE AREA
BOUNDED BY OCEAN AVENUE, SEVENTH STREET, ADELAIDE DRIVE, AND
MONTANA AVENUE PENDING REVISIONS TO THE ZONING ORDINANCE
CHANGING THE MINIMUM LOT WIDTH FROM FIFTY FEET TO ONE HUNDRED
FEET FOR AN R-1 LOT WITHIN THE ABOVE-DESCRIBED AREA; DECLARING
THE PRESENCE OF AN EMERGENCY," reading by title only and waiving
further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein,
Mayor Pro Tem O'Connor
Noes: None
Absent:Councilmember Ebner, Mayor Holbrook
On order of the Mayor, the City Council recessed at 9:10 p.m.,
and reconvened at 9:44 p.m., with Councilmember Ebner absent.
9: STAFF ADMINISTRATIVE ITEMS:
9-A: OFF-LEASH DOG AREAS REPORT: Presented was the staff
report relating to off-leash dog areas and additional
enforcement needs citywide, and recommending direction to staff
to construct recommended design features at Joslyn and Pacific
Street Parks and initiate changes to off-leash area operations,
enforcement and maintenance, including an appropriation of
$13,934 for the pilot off-leash monitoring program at Joslyn
Park.
Staff Report
On order of the Mayor, the public hearing was opened.
Members of the public Perry Bullington, James Kelley, Randy
Martin, Quinn Kelley, Mark Miller, Linda Wilson, and Susan
White spoke in opposition to Joslyn Park being utilized as a
dog park.
Members of the public Andrea VonBargen, Sean Butler, Rocki
Pedersen, Richard Valez, Miamon Miller, Jennifer Uematsu,
Nicole Marois, and Charles Janosik discussed the positive
aspects of dog parks.
Members of the public Chris Pelham, Martha Adams, Peter Tigler,
and John Krueger spoke in support of the staff recommendation.
Members of the public Jessica Lundy, Danielle Gershberg, Ann
Shamel, Chris Cuddehy, Lisa Udelson, Beth Locker, Bob Locker,
Mel Donaldson, and Stuart Tempkin spoke in support of Joslyn
Park being used as a dog park.
Member of the public Jennifer Walsh spoke in support of the
staff recommendation and urged Council to seek other
appropriate sites for dog parks.
Motion by Councilmember Greenberg, seconded by Mayor Pro Tem
O'Connor, to continue the meeting past 11:00 p.m. The motion
was unanimously approved by voice vote, Councilmember Ebner
absent.
Member of the public Tara Day discussed the positive aspects of
dog parks.
Member of the public Stephanie Speliopoulos spoke in support of
the staff recommendation.
Member of the public James Marcotte spoke in support of Joslyn
Park being used as a dog park.
Member of the public Robert Wright spoke in opposition to
Joslyn Park being used as a dog park.
There being no other speakers, on order of the Mayor, the
public hearing was closed.
Motion by Councilmember Greenberg, seconded by Councilmember
Rosenstein, to continue the remainder of this item to the
meeting of January 13, 1998, as a 5-item. The motion was
approved by voice vote, Councilmember Genser opposed,
Councilmember Ebner absent.
13: WRITTEN COMMUNICATIONS:
13-A: HOMELESS SERVICES: The request of Jennafer Waggoner and
David Bush to address the City Council regarding homelessness
in Santa Monica was continued to the meeting of January 13,
1998.
14: COUNCILMEMBER DISCUSSION ITEMS:
14-A: CONSIDERATION OF AMNESTY FOR PARKING METER VIOLATIONS
DURING THE HOLIDAY SEASON: Presented was the request of Mayor
Holbrook to consider amnesty for parking meter violations
during the holiday season, from December 19-26, 1997, including
the three-hour parking limit at Santa Monica Place.
Councilmember Rosenstein was excused at 11:16 p.m.
Councilmember Greenberg was excused at 11:20 p.m.
Member of the public Daniel Ehrler spoke in support of the
proposed amnesty.
Members of the public Ryan Flegal, Jennafer Waggoner, Shawn
McDougal, April Cox, and Jennifer Casey urged Council to extend
the amnesty to homeless individuals.
Discussion ensued among City Councilmembers regarding the
process, effects and timeliness. There was no formal action
taken.
14-B: INSTALLATION AND OPERATION OF ISDN PHONE LINES IN
COUNCIL CHAMBERS AND AT THE KEN EDWARDS CENTER: Motion by
Councilmember Feinstein, seconded by Councilmember Genser, to
direct the questions of how the various technologies can be
used to make the public meetings more accessible to the
Telecommunications Working Group, which will return with this
information as part of its expected report in February relating
to the Telecommunications Plan.
The Mayor advised that the speakers requesting to speak on this
item were the same speakers that spoke regarding homeless
services earlier and that homeless services was not the matter
at hand. He further advised that speakers insisting on
speaking regarding homeless services would be interrupted.
Member of the public Jennafer Waggoner expressed her concerns
regarding homelessness and homeless services.
Councilmember Genser was excused at 11:50 p.m.
Mayor Pro Tem O'Connor was excused at 11:50 p.m.
Mayor Holbrook was excused at 11:51 p.m.
The City Clerk noted that upon the absence of Councilmember
Genser and Mayor Pro Tem O'Connor, there was no longer a quorum
present.
The City Clerk further advised that due to the lack of quorum,
the following items were continued to January 13, 1998, and the
Council meeting was hereby adjourned:
14-C: MISREPRESENTATION OF RESIDENCY: The request of
Councilmember Greenberg to direct staff to review the
possibility of enacting an ordinance that would make it
unlawful for any person to wilfully misrepresent their
residence or circumstances regarding their residency on any
form submitted to the City of Santa Monica, the Santa Monica-
Malibu Unified School District and the Santa Monica Community
College District.
15: PUBLIC INPUT: Canceled due to a lack of quorum.
16: CLOSED SESSIONS: Cancelled due to a lack of quorum.
16-A: Conference with Legal Counsel: David M. Rosman v. City
of Santa Monica, Case No. SS 007045.
16-B: Conference with Legal Counsel: Jerry M. Rubin v. City of
Santa Monica, Case No. SS CV 97-8786.
16-C: Conference with Legal Counsel: Mobil, Inc., v. City of
Santa Monica, Case No. SC 778141.
ADJOURNMENT Due to a lack of quorum, the City Clerk adjourned
the meeting at 11:51 p.m.
ATTEST: APPROVED:
Maria M. Stewart Robert T. Holbrook
City Clerk Mayor