CITY OF SANTA MONICA
CITY COUNCIL MINUTES

NOVEMBER 10, 1998

A regular meeting of the Santa Monica City Council was called to order by Mayor Holbrook at 6:18 p.m., on Tuesday, November 10, 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 Paul Rosenstein

Also Present:
City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart

CLOSED SESSIONS: At 6:18 p.m., Council adjourned to Closed Session to consider the following:

16-A: Conference with Legal Counsel - Existing Litigation: Jalal Chianian v. City of Santa Monica, et al., Superior Court Case No. SC 046 191.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to approve settlement in the amount of $91,902.14, in the case of Jalal Chianian v. City of Santa Monica, et al. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor

Abstain: Mayor Holbrook

Noes: None

Absent: None

16-B: Conference with Legal Counsel - Existing Litigation: Albert Steichen, et al. v. City of Santa Monica, et al., Superior Court Case No. SC 041 545.

16-C: Conference with Legal Counsel - Existing Litigation: Karim Kamal, et al. v. City of Santa Monica, et al., USDC Case No. CV 95-1025.

16-D: Conference with Legal Counsel - Existing Litigation: City of Los Angeles v. County Sanitation District Nos. 4, 5, 9, 16, and 27 of Los Angeles County and Related Actions, Case No. BC 034 185.

ACTION: No reportable action taken on items 16-B through 16-D.

16-E: Conference with Labor Negotiator:

City Negotiator: Karen Bancroft, Personnel Director

Bargaining Units: Public Attorneys' Legal Support Staff Union (PALSSU)

ACTION: Not heard

16-F: Conference with Legal Counsel - Existing Litigation: Ring Trading Corporation v. City of Santa Monica, Case No. BC 172 044, consolidated with Mountain View Mobile Inn Residents Association, Inc., v. City of Santa Monica, et al., Case No. SC 052 672.

16-G: Conference with Legal Counsel - Existing Litigation: City of Santa Monica v. Henry Walther, et al., Case No. SC 043 522.

16-H: Conference with Legal Counsel - Existing Litigation: Bret Carr v. City of Santa Monica, U. S. District Court No. CV 97-8765 HLH (Ex)

ACTION: No reportable action taken on items 16-F through 16-H.

RECONVENE/PLEDGE Council reconvened at 7:14 p.m., with all Councilmembers present. Councilmember Ebner led the assemblage in the Pledge of Allegiance to the Flag of the United States of America.

SPECIAL ITEMS:

4-A: VACANT CITY COUNCIL SEAT: Presented was the staff report and ensuing discussion relating to the appointment to an unscheduled vacant City Council seat or adoption of an emergency ordinance setting an election date and necessary resolutions calling a special election for the purpose of filling the vacant seat.

Member of the public Joy Fullmer expressed her concerns. Member of the public Judy Abdo urged Council to make an appointment rather than having a special election.

The following members of the public urged Council to appoint Richard Bloom: Jerry Rubin, Clarence-Jon Heisler, Caldecott Chubb, Karin Greenwalt, Edward Greenwalt, Emmalie Hodgin, Allison Velkes, Jennifer Polhemus, Ronald Roose, Louise Jaffe, Frank Schweitzer, Sean Daniel, and Tom Pratt.

Member of the public Sherrill Kushner suggested that Council appoint Louise Jaffe if it chooses not to appoint Richard Bloom.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to hear late speakers for one minute each.

Member of the public Brian Hutchings expressed his concerns. Member of the public John Petz suggested that Council appoint David Cole if it chooses not to appoint Richard Bloom. Member of the public Kathy Knight urged Council to appoint Richard Bloom.

Mayor Holbrook opened the floor to nominations for appointment to an unscheduled vacancy on the City Council.

Mayor Pro Tem O'Connor nominated Richard Bloom. Councilmember Rosenstein nominated Susan Cloke. The nominations failed by the following vote:

Mayor Pro Tem O'Connor: Richard Bloom

Councilmember Feinstein: Richard Bloom

Councilmember Genser: Richard Bloom

Councilmember Rosenstein: Susan Cloke

Councilmember Ebner: Abstain

Mayor Holbrook: Susan Cloke

Councilmember Rosenstein nominated Kathy Weremiuk. Mayor Pro Tem O'Connor nominated Richard Bloom. The nominations failed by the following vote:

Councilmember Ebner: Abstain

Councilmember Rosenstein: Kathy Weremiuk

Councilmember Genser: Richard Bloom

Councilmember Feinstein: Richard Bloom

Mayor Pro Tem O'Connor: Richard Bloom

Mayor Holbrook: Kathy Weremiuk

Councilmember Feinstein nominated Richard Bloom. Councilmember Rosenstein nominated Shari Davis. The nominations failed by the following vote:

Mayor Pro Tem O'Connor: Richard Bloom

Councilmember Feinstein: Richard Bloom

Councilmember Genser: Richard Bloom

Councilmember Rosenstein: Shari Davis

Councilmember Ebner: Abstain

Mayor Holbrook: Shari Davis

Mayor Pro Tem O'Connor nominated Louise Jaffe. Councilmember Genser nominated Richard Bloom. Mayor Holbrook nominated Jean Sedillos. The nominations failed by the following vote:

Councilmember Ebner: Jean Sedillos

Councilmember Rosenstein Abstain

Councilmember Genser: Richard Bloom

Councilmember Feinstein: Richard Bloom

Mayor Pro Tem O'Connor: Louise Jaffe

Mayor Holbrook: Jean Sedillos

Mayor Pro Tem O'Connor nominated Louise Jaffe. Councilmember Ebner nominated Clyde Smith. Councilmember Genser nominated Richard Bloom. The nominations failed by the following votes:

Mayor Pro Tem O'Connor: Louise Jaffe

Councilmember Feinstein: Richard Bloom

Councilmember Genser: Richard Bloom

Councilmember Rosenstein: Abstain

Councilmember Ebner: Clyde Smith

Mayor Holbrook: Clyde Smith

Motion by Councilmember Rosenstein, seconded by Councilmember Ebner, to hold a special election to fill the unscheduled vacancy on the City Council on Tuesday April 27, 1999.

Substitute motion by Councilmember Genser to continue this discussion to Thursday evening. The motion was seconded by Councilmember Feinstein, with the stipulation that if Thursday night is not acceptable to some council members that Wednesday evening be considered as an option. The motion failed by the following vote:

Ayes: Councilmembers Feinstein, Genser, Mayor Pro Tem O'Connor

Noes: Councilmembers Rosenstein, Ebner, Mayor Holbrook

Absent: None

The main motion failed by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Mayor Holbrook

Noes: Councilmembers Genser, Feinstein, Mayor Pro Tem O'Connor

Absent: None

Councilmember Feinstein nominated Louise Jaffe. Councilmember Genser nominated Richard Bloom. The nominations failed by the following votes:

Councilmember Ebner: Abstain

Councilmember Rosenstein: Abstain

Councilmember Genser: Richard Bloom

Councilmember Feinstein: Louise Jaffe

Mayor Pro Tem O'Connor: Louise Jaffe

Mayor Holbrook: Abstain

Motion by Councilmember Feinstein to direct staff to investigate the feasibility of holding an election on a Saturday or Sunday, and/or to direct staff to prepare an ordinance to conduct a Saturday and Sunday election, within the proximity of April 27, 1999, and consult with local clergy of the appropriateness of those days.

Councilmember Genser seconded the motion, with the stipulation that staff provide information with regard to a range of dates, from the earliest date forward. The amendment was accepted as friendly.

The motion failed by the following vote:

Ayes: Councilmembers Genser, Feinstein, Mayor Pro Tem O'Connor

Noes: Councilmembers Ebner, Rosenstein, Mayor Holbrook

Absent: None

Motion by Mayor Holbrook, seconded by Councilmember Rosenstein, to ask the City Clerk to explore other opportunities for dates, not including the option of voting on a Saturday or Sunday. The motion failed by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Mayor Holbrook

Noes: Councilmembers Genser, Feinstein, Mayor Pro Tem O'Connor

Motion by Mayor Holbrook, duly seconded, that the issue of setting a special election date will be carried forward to the meeting of November 24, 1998. The motion was unanimously approved by voice vote.

MOTION TO HEAR SPEAKER OUT OF ORDER Motion by Councilmember Feinstein, seconded by Councilmember Genser, to hear Item No. 13-A at this time. The motion was approved by voice vote.

13-A: ACCESSIBILITY TO SPEAK BEFORE COUNCIL AND USE OF CITY AND HOUSING AUTHORITY FUNDS: Pro Se the Advocate thanked the Building & Safety Department for its assistance and addressed Council regarding accessibility to speak before Council and the use of City and Housing Authority funds.

On order of the Mayor, the information was received and filed.

Return to regular order of agenda.

RECESS On order of the Mayor, the City Council recessed at 9:02 p.m., and reconvened at 9:33 p.m., with all members present.

6: CONSENT CALENDAR:

The Consent Calendar was presented for all items to be considered and approved in one motion unless removed from the calendar for discussion.

Members of the public Joy Fullmer and Kecia Weller addressed items on the Consent Calendar.

Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Genser, to approve the Consent Calendar, with the exception of Item No. 6-E, which was withdrawn at the request of staff, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmembers Ebner, Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor, and Mayor Holbrook

Noes: None

Absent: None

6-A: APPROVAL OF MINUTES: The minutes of the September 22, 1998, City Council meeting were approved.

6-B: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994 EARTHQUAKE DAMAGE): Resolution No. 9333(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted.

6-C: PURCHASE OF THIRTEEN CNG THREE-WHEELED VEHICLES: The purchase from Municipal Maintenance Equipment, Inc., in the amount of $350,100.27, to purchase CNG powered three-wheeled vehicles for the Police Department and Community and Cultural Services Department was approved.

6-D: PARKING UTILIZATION AND CIRCULATION IN THE COASTAL AREA: Contract No. 7413(CCS) was awarded to Kaku Associates, Inc., in the amount of $109,400, including contingencies, to develop measures to improve parking supply, utilization, and vehicular circulation throughout the coastal area.

6-E: EARTHQUAKE REPAIRS AND INTERIM IMPROVEMENTS: The contracts for construction for earthquake repairs and interim improvements to the main library and facilities maintenance at various City facilities was withdrawn at the request of staff.

6-F: COLLECTION, HANDLING, TRANSPORT, PROCESSING AND MARKETING OF RECYCLED MIXED PAPER MATERIALS: Contract No. 7414(CCS) was approved with American Waste Industries, for an amount not to exceed $378,000, to provide services of collection, handling, transport, processing and marketing of recycled mixed paper materials at designated locations within the City of Santa Monica and revenue budget increases were approved as recommended in the report.

6-G: BEVERAGE CONTAINER RECYCLING SERVICES: The City Manager was authorized to accept $23,906 in grant funds from the California Department of Conservation for beverage container recycling services at restaurant facilities located on the Third Street Promenade.

6-H: SHORING PERMITS ENCROACHING THE RIGHT-OF-WAY: Resolution No. 9334(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A FEE FOR SHORING PERMITS ISSUED BY THE ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT DEPARTMENT," was adopted.

6-I: CHANGE OF MEETING PLACE FOR CITY COUNCIL: Resolution No. 9335(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CHANGING THE PLACE FOR THE HOLDING OF CITY COUNCIL MEETINGS," was adopted, thereby changing the location of City Council meetings from the Council Chambers at City Hall to the Main Library Auditorium effective December 15, 1998.

6-J: HOLIDAY DECORATIONS: An expenditure not to exceed $91,550 was authorized to reimburse Bayside District Corporation for the purchase and installation of new holiday decor and Third Street Promenade art banners.

6-K: AMENDMENTS TO BAYSIDE DISTRICT CORPORATION'S ARTICLES OF INCORPORATION: The City Manager was authorized to approve amendments to the Bayside District Corporation's articles of incorporation and bylaws changing the name of the corporation to "Santa Monica Downtown District;" and an amendment to Agreement No. 6979(CCS) was approved changing the name of the corporation and amending certain language in Section XV regarding insurance requirements and indemnification.

ADMINISTRATIVE PROCEEDINGS:

7-A: RECONSIDERATION OF PLANNING COMMISSION APPROVAL OF ADDITION OF CONVENIENCE STORE TO EXISTING GAS STATION AT 1410 PICO BOULEVARD (TEXACO): Presented was the staff report recommending reconsideration of Appeal 97-001 of Planning Commission Approval of Conditional Use Permit 96-012 to allow the addition of a convenience store to an existing self-service gas station located at 1410 Pico Boulevard, overturn the determination of the Planning Commission, uphold the appeal and approve CUP 96-023 based on modified finding and conditions of approval. Applicant/Appellant: Texaco Refining and Marketing, Inc.

On order of the Mayor, the public hearing was opened.

Patrick Fiedler, representing the Applicant/Appellant, spoke in support of the appeal and in opposition to the Planning Commission decision.

The following members of the public spoke in opposition to the appeal and in support of the Planning Commission decision: Clarence-Jon Heisler, Rick Laudati, Cynthia Cottam, and Kathy Knight. There being no further speakers, the public hearing was closed. Patrick Fiedler presented a rebuttal.

Motion by Councilmember Feinstein, died for lack of a second, to continue this item to the meeting of November 24, 1998, and direct the Traffic Engineer to examine the question about the right turn only from the western driveway.

Motion by Councilmember Rosenstein, seconded by Mayor Holbrook, to continue this item to the meeting of November 24, 1998. The motion failed by the following vote:

Ayes: Councilmember Rosenstein, Mayor Holbrook

Noes: Councilmembers Ebner, Genser, Feinstein, Mayor Pro Tem O'Connor

Absent: None

Motion by Councilmember Genser, seconded by Mayor Pro Tem O'Connor, to uphold the Planning Commission decision and deny the appeal.

Councilmember Rosenstein requested that the record reflect that he will be abstaining from voting on the above motion because he feels that it is very bad planning to make a decision this evening when all the information needed will be available at the next meeting. The motion was approved by the following vote:

Ayes: Councilmembers Feinstein, Genser, Mayor Pro Tem O'Connor, Mayor Holbrook

Abstain: Councilmember Rosenstein

Noes: Councilmember Ebner

Absent: None

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.

ORDINANCES:

8-A: CALCULATION OF DEVELOPMENT REVIEW PERMIT THRESHOLD: The ordinance was presented for second reading and adoption.

Motion by Councilmember Rosenstein, seconded by Councilmember Genser, to adopt Ordinance No. 1927(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTIONS OF THE ZONING ORDINANCE TO ALLOW SQUARE FOOTAGE DEVOTED TO RESIDENTIAL USES IN THE RVC, BCD, BSCD, C2, C3, C3-C, C4, C6, CM, AND CP DISTRICTS TO BE REDUCED BY 50% FOR PURPOSES OF CALCULATING THE DEVELOPMENT REVIEW PERMIT THRESHOLD AND MODIFYING AND ADDING SECTIONS TO THE ZONING ORDINANCE TO REQUIRE THAT PROJECTS WHICH TAKE ADVANTAGE OF THIS SQUARE FOOTAGE REDUCTION BE DEED RESTRICTED TO MAINTAIN THE RESIDENTIAL USE OF THE PROJECT," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmember Feinstein, Genser, Rosenstein, Mayor Pro Tem O'Connor, Mayor Holbrook

Abstain: Councilmember Ebner

Noes: None

Absent: None

Councilmember Ebner was excused at 11:06 p.m.

8-B: DESIGNATION OF PREFERENTIAL PARKING ZONES: Presented was an ordinance for introduction and first reading deleting various sections of the municipal code relating to the designation of preferential parking zones; and, adoption of a resolution re-establishing various preferential parking zones.

On order of the Mayor, the public hearing was opened. Member of the public Susan Henderson spoke in support of the staff recommendation.

Member of the public Brian Hutchings expressed his concerns. There being no further speakers, the public hearing was closed.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DELETING VARIOUS SECTIONS OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE DESIGNATION OF PREFERENTIAL PARKING ZONES," reading by title only and waiving further reading thereof. The motion was approved by the following vote:

Ayes: Councilmember Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook

Noes: None

Absent: Councilmember Ebner

RESOLUTIONS:

12-A: RESOLUTION DECLARING CITY-OWNED PROPERTY "NO LONGER NEEDED" (1833 18TH STREET): Presented was the staff report recommending adoption of a resolution declaring the City-owned property at 1833 18th Street "no longer needed for purpose acquired nor for any other public purpose"; authorization for staff to proceed with the sale of the property in compliance with SMMC 2.24.110 and applicable state and federal regulations; and, authorization for staff to negotiate and execute all necessary documents to complete the sale.

Motion by Councilmember Feinstein, seconded by Councilmember Genser, to adopt Resolution No. 9336(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THAT THE CITY-OWNED PROPERTY AT 1833 18TH STREET IS NO LONGER NEEDED FOR THE PURPOSE IT WAS ACQUIRED NOR FOR ANY OTHER PUBLIC PURPOSE," reading by title only and waiving further reading thereof, and gave authorization for staff to negotiate and execute all necessary documents to complete the sale. The motion was approved by the following vote:

Ayes: Councilmember Feinstein, Genser, Rosenstein, Mayor Pro Tem O'Connor, Mayor Holbrook

Noes: None

Absent: Councilmember Ebner

WRITTEN COMMUNICATIONS:

13-B: FINES AND CITATIONS RELATIVE TO NOISE ORDINANCE VIOLATIONS: Melisa Korry was not in attendance.

Motion by Councilmember Genser, seconded by Councilmember Feinstein, to receive and file the information relating to fines and citations issued by the Police Department relative to noise ordinance violations. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

13-C: LANDMARKS COMMISSION DECISION: The request of Christopher Harding to address Council regarding a Landmarks Commission decision was withdrawn at the request of Mr. Harding.

COUNCILMEMBER DISCUSSION ITEMS:

14-A: ARCHITECTURAL REVIEW BOARD APPOINTMENT: Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to continue the appointment to one unscheduled vacancy on the Architectural Review Board for a term ending June 30, 2001, to January 1999. The motion was unanimously approved by voice vote, Councilmember Ebner absent.

PUBLIC INPUT

15: PUBLIC INPUT: Member of the public John Jurenka discussed the use of the Seascape for political commentary. Member of the public Susan Henderson discussed recent vandalism of trees on the south beach parking lot.

ADJOURNMENT: On order of the Mayor, the Council meeting was adjourned at 11:25 a.m., to November 24, 1998.

ATTEST:

Maria M. Stewart,
City Clerk

APPROVED:

Robert T. Holbrook,
Mayor