CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 24, 1998
A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at
6:15 p.m., on Tuesday, March 24, 1998, in the Council Chambers.
Roll Call: Present: Mayor Robert T. Holbrook
Mayor Pro Tem Pam O'Connor
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
CLOSED SESSIONS: At 6:15 p.m., Council adjourned to Closed Session to consider the
following:
16-A: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of
Santa Monica, Los Angeles Superior Court Case No. BC 172044.
ACTION: No reportable action taken.
16-B: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Henry
Walther, et al., Case No. SC 043522.
ACTION: No reportable action taken.
16-C: Conference with Legal Counsel - Anticipated Litigation
Number of cases: One
ACTION: No reportable action taken.
The City Council reconvened at 7:19 p.m., with all Councilmembers present.
PLEDGE Councilmember Feinstein led the assemblage in the Pledge of Allegiance to the Flag of
the United States of America.
SPECIAL AGENDA ITEMS: PROCLAMATIONS
4-A: Mayor Holbrook presented a proclamation declaring the month of April 1998 as
"Earthquake Preparedness Month" in the City of Santa Monica.
4-B: Mayor Holbrook presented a proclamation declaring the week of April 5-11, 1998, as
"National Records and Information Management Week" in the City of Santa Monica.
CONTINUED ITEMS:
5-A: AMENDMENT TO ZONING ORDINANCE: Presented was the request of Mayor Pro
Tem O'Connor to discuss requesting staff to prepare a resolution of intention to amend the
Zoning Ordinance to increase the minimum lot width to 100 feet for the area bounded by Ocean
Avenue to 7th Street, and Montana Avenue to the north City limits.
Councilmember Genser and Mayor Holbrook declared a potential conflict of interest and
recused themselves from deliberations on this matter. Mayor Pro Tem O'Connor took the chair.
Member of the public Mat Millen spoke in support of the proposed amendment to the Zoning
Ordinance.
Motion by Councilmember Feinstein, duly seconded, to direct staff to prepare a resolution of
intention to amend the Zoning Ordinance to increase the minimum lot width to 100 feet for the
area bounded by Ocean Avenue to 7th Street, and Montana Avenue to the north City limits. The
motion was unanimously approved by voice vote, Councilmember Ebner abstaining and
Councilmember Genser and Mayor Holbrook absent.
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 Genser and Mayor Holbrook returned.
Members of the public Joy Fullmer and Brian Hutchings addressed items on the Consent
Calendar.
At the request of Councilmembers Ebner and Genser, Item Nos. 6-K and 6-L were removed from
the Consent Calendar.
Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to approve the
Consent Calendar, with the exception of Item Nos. 6-K and 6-L, 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, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook
Noes: None
Absent: None
6-A: APPROVAL OF MINUTES: The City Council minutes of February 10, 1998, were
approved as submitted.
6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE
DAMAGE): Resolution No. 9246(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: PREFERENTIAL PARKING ZONE ON 18TH STREET BETWEEN BROADWAY
AND SANTA MONICA BOULEVARD: Ordinance No. 1905, entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3.08.490
TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL
PARKING ZONE KK," was adopted.
Staff Report
6-D: PREFERENTIAL PARKING ZONE ON 22ND STREET BETWEEN CALIFORNIA
AVENUE AND WASHINGTON AVENUE: Ordinance No. 1906(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 3.08.510 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH
PREFERENTIAL PARKING ZONE MM," was adopted.
Staff Report
6-E: MODIFICATION OF STANDARDS IN THE C3-C DOWNTOWN OVERLAY
DISTRICT: Ordinance No. 1907(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN
THE C3-C DOWNTOWN OVERLAY DISTRICT ON AN INTERIM BASIS," was adopted.
Staff Report
6-F: PURCHASE OF CARPET FOR THE EVENTS FACILITIES DIVISION: Bid No.
2679 was awarded to Carpet Land, Inc., in the amount of $44,980.04, to furnish and deliver
miscellaneous carpet for the Events Facilities Division, Community and Cultural Services
Department.
Staff Report
6-G: INCLUSION OF FIREWORKS IN "CELEBRATE AMERICA" CONCERT
PROGRAM: The request for a fireworks display at Santa Monica College during their
"Celebrate America" concert program on Friday, July 3, 1998, was approved.
Staff Report
6-H: CONTRACT FOR ENVIRONMENTAL IMPACT REPORT AND ECONOMIC
STUDY FOR THE FOURTH STREET SENIOR HOUSING PROJECT: Contract No.
6949(CCS) was approved with Rincon Consultants, Inc., for $63,070, to prepare an
environmental impact report and an economic study for the Fourth Street Senior Housing Project.
Staff Report
6-I: CONTRACT FOR RENOVATION OF PARKING STRUCTURE ELEVATORS -
PHASE I: Contract No. 6950(CCS) was approved with Amtech Elevator Services, for $539,962,
for the renovation of the elevators in Downtown Parking Structures Nos. 5 and 6.
Staff Report
6-J: CONTRACT FOR FINANCIAL INFORMATION SYSTEM AND SOFTWARE
MAINTENANCE AGREEMENT: Two contracts were approved with J. D. Edwards World
Solutions Company: Contract No. 6951(CCS), in the amount of $484,925, for software, training,
and implementation support; and Contract No. 6952(CCS), in the amount of $49,467, for the
annual software maintenance agreement.
Staff Report
6-M: AMENDMENT TO MEMORANDUM OF UNDERSTANDING (MOU) WITH
SANTA MONICA FIREFIGHTERS: Contract No. 6954(CCS) was approved and Resolution
No. 9248(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A
MODIFICATION OF THE MEMORANDUM OF UNDERSTANDING WITH SANTA
MONICA FIREFIGHTERS LOCAL 1109 IAFF," was adopted.
Staff Report
6-K: CONTRACT FOR RESIDENTIAL ENVIRONMENTAL OUTREACH PROGRAM:
Councilmember Ebner asked questions about the relationship of this program to the City's goals
of sustainability and the services to be provided under this contract. Staff responded to questions.
Staff Report
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Genser, to approve Contract
No. 6953(CCS) with the non-profit Bay Area Green Team Project, in the amount of $145,000, to
develop and implement a Residential Environmental Outreach Program as part of the Sustainable
City Program. The motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Ebner, Mayor Pro Tem O'Connor, and Mayor Holbrook
Noes: None
Absent: None
6-L: SETTING OF PUBLIC HEARINGS FOR ANNUAL STREET PROGRAM: Presented
was the recommendation to form an assessment district and to adopt a resolution of intention.
Staff Report
Councilmember Ebner excused herself at 7:53 p.m.
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to approve the
formation of the assessment district; and adopt Resolution No. 9247(CCS) entitled: "A
RESOLUTION OF INTENTION TO SET PUBLIC HEARINGS ON MAY 26, 1998, AND
JULY 14, 1998, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF
CONCRETE GUTTERS, STREET RESURFACING, SIDEWALKS, DRIVEWAYS,
SIDEWALK/DRIVEWAYS, CURB REPAIRS, RESTORATION OF PARKWAYS, AND
APPURTENANT WORK, IN CONJUNCTION WITH THE FY 1997-98 STREET
RESURFACING PROGRAM," reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Mayor Pro Tem O'Connor, and Mayor Holbrook
Abstain: Councilmembers Rosenstein, Greenberg
Noes: None
Absent: Councilmember Ebner
END OF CONSENT CALENDAR
ORDINANCES:
8-A: PREFERENTIAL PARKING ZONE IN THE AREA BOUNDED BY 26TH STREET,
SANTA MONICA BOULEVARD, YALE STREET AND COLORADO AVENUE:
Staff Report
Councilmember Rosenstein declared a potential conflict of interest and excused himself at 8:03
p.m.
The ordinance was presented for second reading and adoption.
Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Ordinance
No. 1908(CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ADDING
SECTION 3.08.470 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH
PREFERENTIAL PARKING ZONE II," reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
Ayes: Councilmembers Ebner, Greenberg, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: Councilmember Rosenstein
8-B: GENERAL PLAN AMENDMENT TO MODIFY THE HOSPITAL AREA SPECIFIC
PLAN (ST. JOHN'S HEALTH CENTER- Continued from March 17, 1998): Presented was
the supplemental staff report recommending that Council certify the Final Environmental Impact
Report evaluating the environmental impacts of the project proposed in the Development
Agreement and adopt a Statement of Overriding Considerations; adopt a resolution amending the
Land Use and Circulation Element and a resolution amending the Land Use Element Policy Map;
adopt resolution amending the Hospital Area Specific Plan and resolution amending the Plan Land
Use Map; and introduce and hold first reading of an ordinance adopting the proposed
Development Agreement, which includes approval of the Phase I project plans.
Staff Report
Discussion ensued regarding the proposed projects, the effects on the residents, mitigation efforts,
and benefits of the project.
RECESS On order of the Mayor, the City Council recessed at 9:08 p.m., and reconvened at 9:40
p.m., with all members present.
Motion by Councilmember Greenberg, seconded by Councilmember Ebner, to adopt Resolution No. 9249(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE SAINT JOHN'S HEALTH CENTER DEVELOPMENT AGREEMENT," 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
After additional discussion, it was the consensus of Council that the remaining actions to be taken
on this matter be continued to April 1, 1998, at 7:00 p.m.
STAFF ADMINISTRATIVE ITEMS:
9-A: RESOLUTION ELIMINATING THE EXISTING WATER RATE SURCHARGE:
Presented was the staff report recommending adoption of a resolution eliminating the existing
emergency MTBE water rate surcharge, authorizing the City Manager to credit past surcharge
payments back to water customers, and approve adjustments to the Water Fund Budget as
outlined in the staff report.
Staff Report
On order of the Mayor, the public hearing was opened.
Members of the public Joy Fullmer and Brian Hutchings expressed their concerns. Member of the
public John Jurenka expressed his support of the proposed resolution. There being no further
speakers, the Mayor closed the public hearing.
Motion by Councilmember Greenberg, seconded by Mayor Pro Tem O'Connor, to approve
budget adjustments and adopt Resolution No. 9250(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ELIMINATING THE EXISTING
WATER RATE SURCHARGE," with a minor typographical correction, 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 O'Connor, and Mayor Holbrook
Noes: None
Absent: None
PUBLIC HEARINGS:
10-A: FORMATION OF ASSESSMENT DISTRICT FOR STREETLIGHT
INSTALLATION ON VARIOUS CITY STREETS: Presented was the public hearing to
receive input; receive voted ballots; and recommending direction to the City Clerk to tabulate
ballots and report results to City Council at the April 14, 1998, meeting; and, direct City staff to
present recommendations to City Council on April 14, 1998, based on the certified results of the
assessment balloting.
Staff Report
On order of the Mayor, the public hearing was opened. Member of the public Joy Fullmer
expressed her concerns. Member of the public Matthew Rodman spoke in support of the
formation of the Streetlight Assessment District.
There being no further speakers, the Mayor closed the public hearing.
Motion by Councilmember Genser, seconded by Councilmember Greenberg, to direct the City
Clerk to tabulate ballots and report results to the City Council at their meeting of April 14, 1998,
and direct City staff to present recommended actions to the City Council at their meeting on April
14, 1998, based on the certified results of the assessment balloting. The motion was approved by
the following vote:
Ayes: Councilmembers Ebner, Rosenstein, Greenberg, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
bsent: None
WRITTEN COMMUNICATIONS:
13-A: SAFETY OF THE CITY STREETS AND TRAFFIC SITUATION: Mr. John Jurenka
addressed Council regarding the safety of the city streets and the traffic situation.
On order of the Mayor, the information was received and filed.
13-B: COSTA-HAWKINS LAWS, VACANCY DE-CONTROL, AND HUD
REGULATIONS: Barry Adler addressed Council regarding Costa-Hawkins laws, vacancy de-control, and HUD regulations.
Member of the public Brian Hutchings expressed his concerns.
The information was received and filed.
13-C: REQUEST OF VIDEOTAPE OF SAMOHI BAND'S PERFORMANCE: Presented
was the request of Joy Kurtz, Co-President of the Santa Monica Band Parents' Association
("Association"), to address Council regarding permission to make a master copy from a CityTV
videotape of the Band's performance of Miss Saigon, available to the Association.
Motion by Councilmember Rosenstein, seconded by Councilmember Greenberg, to approve the
request of Ms. Kurtz to provide a master copy from a CityTV videotape of the Band's
performance of Miss Saigon, available to the Santa Monica Band Parents' Association. The
motion was unanimously approved by voice vote.
COUNCILMEMBER DISCUSSION ITEMS:
14-A: PROHIBITION OF BICYCLING, SKATEBOARDING, AND ROLLERBLADING
ON THE THIRD STREET PROMENADE: Presented was the request of Councilmember
Genser to direct staff to prepare draft ordinances (or other appropriate mechanisms) to prohibit
bicycling, skateboarding, and rollerblading on the Third Street Promenade.
Members of the public Jerry Rubin and Kathleen Rawson spoke in support of the prohibition of
bicycling, skateboarding, and rollerblading on the Third Street Promenade.
Motion by Councilmember Feinstein, seconded by Councilmember Genser, to continue the
meeting past 11:00 p.m. The motion was unanimously approved by voice vote.
Councilmembers Ebner and Greenberg excused themselves from the meeting at 11:16 p.m.
Motion by Councilmember Genser, seconded by Councilmember Feinstein, to request staff to
return as soon as possible to discuss the range of options discussed this evening relating to
bicycling, skateboarding, and rollerblading on the Third Street Promenade and any other options
that staff might contemplate; to request input from enforcement personnel; to the extent possible
obtain information from other agencies, particularly Venice and other enforcement agencies in
Venice; obtain information about legal framework under which the City is operating; return to
Council for a public hearing and staff recommendation. The motion was unanimously approved
by voice vote, Councilmembers Ebner and Greenberg absent.
14-B: RESIGNATIONS FROM THE PLANNING AND ARTS COMMISSIONS: Motion
by Councilmember Genser, seconded by Councilmember Feinstein, to accept the resignation of
Lou Moench from the Planning Commission, and Robin Faulk from the Arts Commission with
very great regrets, and authorize the City Clerk to publish vacancies. The motion was
unanimously approved by voice vote, Councilmembers Ebner and Greenberg absent.
14-C: HOUSING COMMISSION VACANCY: The appointment to the Housing Commission
for one unscheduled vacancy for a term ending June 30, 2001, was continued to the meeting of
April 1, 1998.
14-D: COMMISSION ON OLDER AMERICANS VACANCY: The appointment to the
Commission on Older Americans for one unscheduled vacancy for a term ending June 30, 2000,
was continued to the meeting of April 1, 1998.
14-E: COMMISSION ON THE STATUS OF WOMEN VACANCY: The appointment to the
Commission on the Status of Women for one unscheduled vacancy for a term ending June 30,
1999, was continued to the meeting of April 1, 1998.
14-F: LOS ANGELES COUNTY WEST VECTOR CONTROL VACANCY: The
appointment to the Los Angeles County West Vector Control for one vacancy for a term ending
December 31, 1999, was continued to the meeting of April 1, 1998.
14-G: DESIGNATION OF VILLE d'AVRAY, FRANCE, AS A SISTER CITY: Presented
was the request of Mayor Holbrook and Mayor Pro Tem O'Connor for Council to discuss
support of the designation of Ville d'Avray, France, as a sister city as recommended by the Santa
Monica Sister City Association.
Motion by Mayor Pro Tem O'Connor, seconded by Mayor Holbrook, that Ville d'Avray, France,
be designated as a new sister city to the City of Santa Monica. The motion was unanimously
approved by voice vote, Councilmembers Ebner and Greenberg absent.
PUBLIC INPUT
15: PUBLIC INPUT: There were no speakers present.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 11:25
p.m., to April 1, 1998, at 6:15 p.m.
ATTEST: APPROVED:
Maria M. Stewart,
City Clerk
Robert T. Holbrook,
Mayor