CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 28, 1998
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem
O'Connor at 6:20 p.m., on Tuesday, April 28, 1998, in the Council Chambers.
Roll Call: Present: Mayor Pro Tem Pam O'Connor
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Absent: Mayor Robert T. Holbrook
Also Present: City Manager John Jalili
City Clerk Maria M. Stewart
Assistant City Attorney Joe Lawrence
CLOSED SESSIONS: At 6:20 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, Case No. BC172044.
ACTION: No reportable action taken.
16-B: Conference with Legal Counsel - Existing Litigation: McNally v. Butts, et al., Case
No. CV 95-8634.
ACTION: No reportable action taken.
16-C: Conference with Legal Counsel - Existing Litigation: Frank Moody v. City of Santa
Monica, Case No. B 106196.
ACTION: No reportable action taken.
RECONVENE Council reconvened at 7:00 p.m., with all Councilmembers present, except
Mayor Holbrook.
PLEDGE Councilmember Ebner led the assemblage in the Pledge of Allegiance to the Flag of
the United States of America.
On order of the Mayor Pro Tem, Item No. 13-A will be heard after the Consent Calendar in order
to accommodate young people and their parents wishing to address the item.
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 Greenberg, to approve 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 Feinstein, Genser, Greenberg, Rosenstein, Ebner, and Mayor Pro Tem O'Connor
Noes: None
Absent: Mayor Holbrook
6-A: APPROVAL OF MINUTES: The minutes of the March 3, 1998, City Council meeting
were approved.
6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE
DAMAGE): Resolution No. 9264(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: DESIGN AND CONSTRUCTION PLANS FOR NEW RESTROOM FACILITIES
AT DOUGLAS PARK: The amendment to Contract No. 6592(CCS) was approved with Rios
Associates, in the amount of $28,500, for the design and preparation of construction documents
for new restroom facilities and landscape improvements at Douglas Park.
Staff Report
6-D: REIMBURSEMENT OF COSTS ASSOCIATED WITH SITE VISITS TO
EDUCATE BUSINESSES REGARDING MUNICIPAL STORM WATER PERMIT:
Contract No. 6977(CCS) was approved with the Los Angeles County Department of Public
Works for reimbursement of $12,305 per year, for four years, for educational site visits related to
the municipal storm water permit.
Staff Report
6-E: DESIGN AND CONSTRUCTION MANAGEMENT OF CITY HALL ELEVATOR
REPLACEMENT: Contract No. 6978(CCS) was approved with Robinson/Takahashi/Katz &
Associates, in the amount of $100,000, for the design and construction management of the City
Hall elevator replacement project.
Staff Report
WRITTEN COMMUNICATIONS:
13-A: AFTER SCHOOL RECREATION PROGRAM: Presented was the request of Tricia
Crane to address Council regarding maintaining free playground access as part of the supervised
after school recreation program.
The following members of the public spoke in support of free playground access as part of the
supervised after school recreation program: Michela Fitten, Alexis Fitten, Samantha Greenberg,
Eric Bromberg, Jimmy White, Dylan Marks, Kevin McCarthy, Sachi Petz, Quincy Jackson,
Jennifer Block, Meghan Moran, Katy Moran, David Yapkowitz, Betsi Anne, Krista Jackson,
Crystal Anderson, Edith Yapkowitz, Rebecca Frank, Clarence-Jon Heisler, Tiiu Lukk, Kristi
McCune, Tricia Crane, Kathy Kartiganer, John Petz, and Chris Blaauw.
Frank Schwengel, Chair of the Parks & Recreation Commission, discussed the CREST program.
The following members of the public spoke in support of the CREST program: Gina Jackson,
Mathew Cundinger, Melinda Jara, Alejandrina Pacheco, Rosa Jimenez, Rita Lowenthal, Karen
Paris, Patricia Summers, Joanne Leavitt, Juli Dichiro, Pam Brady, and Allan Paul Shatrin.
Member of the public Gina Fitten discussed the process involved with the creation of the CREST
program and conveyed her recommendation that there be free access for all children with
supervisors available between 3 p.m. and 5 p.m. through a sign-in program. Member of the public
Donna Foreman spoke in support of the CREST program and suggested that it be expanded to
include all children in some capacity.
Member of the public Neil Carrey spoke in support of the CREST program with a low cost
option. Member of the public Joey Fullmer expressed her concerns.
RECESS On order of the Mayor Pro Tem, the City Council recessed at 9:20 p.m., and
reconvened at 9:40 p.m., with Mayor Holbrook absent.
The following members of the public spoke in support of free playground access as part of the
supervised after school recreation program: Kevin McCarthy, Frank Schweitzer, Darcy
McCarthy, Carol Bromberg, Beau Marks, Sherri McCune, Donna Block, David Cole, Susan
Morafa, Fred Durlesser, and Rick Yapkowitz.
The following members of the public spoke in support of the CREST program: Irene Zivi, Carole
Newsom, Jane Munoz, and Steve Martinez.
Member of the public Donald Lewin Nelson expressed concern with the children who are not
enrolled in any sort of after school programs.
Councilmember Ebner excused herself from the meeting at 11:04 p.m.
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, Councilmember
Ebner and Mayor Holbrook absent.
Councilmember Greenberg moved, seconded by Councilmember Feinstein, to hear late speakers
for one minute each. The motion was approved, Councilmember Rosenstein opposed,
Councilmember Ebner and Mayor Holbrook absent.
The following members of the public spoke in support of free playground access as part of the
supervised after school recreation program: Leslie Starkman and Richard Bloom.
Member of the public Kelly Olsen encouraged Council to go forward with a program that will
work for everyone. Member of the public Brian Hutchings expressed his concerns. Patty Flynn
spoke in support of the CREST program.
Motion by Councilmember Greenberg, seconded by Councilmember Genser, to close the public
hearing and continue the remainder of this item to the next available meeting.
Motion by Councilmember Rosenstein, accepted as friendly, that this item return as a "5" item,
broadening the subject to include a discussion of the CREST program.
The motion, as amended, was unanimously approved by voice vote, Councilmember Ebner and
Mayor Holbrook absent.
ORDINANCES:
8-A: DISCOUNT OF FLOOR AREA FOR RESIDENTIAL USES ORDINANCE: Presented
for introduction and adoption was an interim ordinance extending the modifications made to
development standards in the C3-C Downtown Overlay District and declaring the presence of an
emergency.
Staff Report
On order of the Mayor Pro Tem, the public hearing was opened.
There being no one wishing to speak, the Mayor Pro Tem closed the public hearing.
Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Ordinance
No. 1910(CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING MODIFICATIONS MADE TO THE
DEVELOPMENT STANDARDS IN THE C3-C DOWNTOWN OVERLAY DISTRICT;
DECLARING THE PRESENCE OF AN EMERGENCY," amended to make a finding to
appropriately mitigate traffic impacts and to make a finding that any parking removed to make
way for the project is replaced in order to qualify for the new review threshold. The motion was
approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, and Mayor Pro Tem O'Connor
Noes: None
Absent: Councilmember Ebner, Mayor Holbrook
STAFF ADMINISTRATIVE ITEMS:
9-A: MERGER OF BAYSIDE DISTRICT CORPORATION AND THE CENTRAL
BUSINESS DISTRICT: Presented was the staff report recommending 1) approval in concept of
the merger between the Bayside District Corporation and the Central Business District; 2)
authorization for the City Manager to negotiate and execute a new Services Agreement between
the City and Bayside to reflect the merger; and, 3) termination of the existing contract between
the City and the Santa Monica Chamber of Commerce regarding monies collected from the
Central Business District.
Staff Report
On order of the Mayor Pro Tem, the public hearing was opened.
Members of the public Ann Greenspun and Kathleen Rawson spoke in support of the staff
recommendation.
There being no one else wishing to speak, the public hearing was closed.
Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to 1) approve in
concept of the merger between the Bayside District Corporation and the Central Business
District; 2) approve Contract No. 6979(CCS) between the City and Bayside to reflect the merger;
and, 3) terminate the existing contract between the City and the Santa Monica Chamber of
Commerce regarding monies collected from the Central Business District, adding language that a
work plan would be addressed to the City Council for review and approval as part of the budget
process.
Motion by Councilmember Genser, accepted as friendly, to amend the motion that the initial term
of the agreement be for two years, with subsequent terms being for five years. The main motion
was approved by the following vote:
Councilmember Greenberg excused herself from the meeting at 11:25 p.m.
Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor
Noes: None
Absent: Councilmembers Ebner, Greenberg, and Mayor Holbrook
14: COUNCILMEMBER DISCUSSION ITEMS:
14-A: 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 next available date.
14-B: 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 next available date.
14-C: COMMISSION ON THE STATUS OF WOMEN VACANCY: Mayor Pro Tem
O'Connor opened the floor to nominations to the Commission on the Status of Women.
Mayor Pro Tem O'Connor nominated Suzanne Kim. There being no other nominations,
nominations were closed.
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to appoint Suzanne
Kim by acclamation to the Commission on the Status of Women for a term ending June 30, 1999.
The motion was unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and
Mayor Holbrook absent.
14-D: RESIGNATION FROM THE RECREATION AND PARKS COMMISSION:
Councilmember Genser moved, seconded by Councilmember Feinstein, to accept with regrets the
resignation of Thomas J. Mortensen from the Recreation and Parks Commission and authorize the
City Clerk to publish the vacancy. The motion was unanimously approved by voice vote,
Councilmembers Ebner, Greenberg, and Mayor Holbrook absent.
14-E: OPPOSITION TO SB1651: Presented was the request of Councilmember Genser to
request that the City Council express its opposition to SB1651 which would pre-empt local
control over the regulation and prohibition of leaf blowers.
Motion by Councilmember Genser, seconded by Councilmember Feinstein, to express opposition
to SB1651 and ask staff to prepare a letter for the Mayor's signature and send it to the
appropriate bodies, and ask the City's lobbyist to work on this issue. The motion was
unanimously approved by voice vote, Councilmembers Ebner, Greenberg, and Mayor Holbrook
absent.
14-F: OPPOSITION TO PROPOSITION 226: The request of Mayor Holbrook that the City
Council express its opposition to Proposition 226 which makes it more difficult for labor unions
to raise funds for political activities was continued to the meeting of May 5, 1998.
15: PUBLIC INPUT: Member of the public Brian Hutchings discussed leaf blowers.
ADJOURNMENT: On order of the Mayor Pro Tem, the City Council meeting was adjourned
at 11:46 p.m., to May 5, 1998, at 6:15 p.m.
ATTEST: APPROVED:
Maria M. Stewart
City Clerk
Pam O'Connor
Mayor Pro Tem