M-041195318
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 11,1995
A regular meeting of the Santa Monica City Council was called to order by Mayor Rosenstein at
6:33 P.M., on Tuesday, April 11, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Judy Abdo
Councilmember Ruth Ebner
(arrived at 6:37 P.M.)
Councilmember Ken Genser
Councilmember Robert T. Holbrook
Councilmember Pamela O'Connor
Also Present: City Manager John Jalili
City Attorney Mazsha Jones Moutrie
City Clerk Clarice E. Dykhouse
Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United
States of America.
4-B: PROCLAMATION/TAKE OUR DAUGHTERS TO WORK DAY: Mayor Rosenstein
presented a proclamation declazing Apri127, 1995 to be "Take our Daughters to Work Day" in the
City of Santa Monica.
Councilmember Ebner reported present at 6:37 P.M.
4-A: PLAOUES/PAST MEMBERS OF BOARDS AND COMMISSIONS: Mayor Rosenstein
presented plaques to past members of Boards and Commissions.
6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are
considered and approved in one motion unless removed from the calendaz for discussion. Member
of the public Joy Fullmer addressed items on the Consent Calendaz. Councilmember Holbrook
moved to approve the Consent Calendar with the exception of Item Nos. 6-B, 6-F, 6-H, and 6-K,
reading resolutions and ordinances by title only and waiving further reading thereof. Second by
Councilmember Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
April 11, 1995
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6-A: 1VIIlKTITES APPROVAL: The City Council minutes of Mazch 21, 1995, were approved as
submitted, and Mazch 28, 1995, as amended.
6-C: DRIVE-IN/DRIVE-THROUGH/FAST FOOD RESTAURANTS: Ordinance No.
1794(CCS), entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REQUIRING DRIVE-IN, DRIVE-THROUGH AND FAST FOOD RESTAURANTS
LOCATED ADJACENT TO RESIDENTIALLY ZONED PROPERTIES TO OBTAIN A
CONDITIONAL USE PERMIT FOR SPECIFIED DRIVE-UP WINDOW HOURS OF
OPERATION ON AN INTERIM BASIS," was adopted.
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution No. 8883(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-E: FINAL SUBDIVISION MAP/TRACT NO. 51850/TPC-316/425 IDAHO AVENUE:
Resolution No. 8884(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR
TRACT NO. 51850 AT 425 IDAHO AVENUE," was adopted.
6-G: MEMBERSHIP/CI'T'IES FOR CLIMATE PROTEC'T'ION CAMPAIGN: Resolution No.
8885(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SUPPORTING THE MEMBERSHIP OF SANTA MONICA IN THE CITIES FOR
CLIMATE PROTECTION CAMPAIGN," was adopted.
6-I: RESOLUTION/DAY WITHOUT VIOLENCE/APRIL 23, 1995: Resolution No.
8887(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROCLAIMING APRIL 23, 1995, AS A "DAY WITHOUT VIOLENCE" IN THE
CITY OF SANTA MONICA," was adopted.
6-J: AWARD OF BID/FINANCING/STREET SWEEPERS: Bid No. 2521 was awarded to
Municipal Leasing Associates in the amount of $104,684.79 per year to provide lease/purchase
financing of three CNG-powered street sweepers for the Street CleaningBeach Maintenance
Division, Environmental & Public Works Management Department.
END OF CONSENT CALENDAR
6-B: ZONING ORDINANCE/DEFINITIONS: Council asked questions of staff. Mayor Pro
Tempore Greenberg moved to adopt Ordinance No. 1793(CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ZONING
ORDINANCE SECTION 9.04.02.030 REGARDING DEFINITIONS," reading by title only and
waiving further reading thereof Second by Councilmember Holbrook. The motion was approved
by the following vote:
Council vote: Affirmative: Councihnembers Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
April i 1, 1995
320
6-F: OPPOSITION/SENATE BILL 176/ASSEMBLY BILL 1947: Council asked questions of
staff. Mayor Pro Tempore Greenbere moved to table the resolutions opposing the passage of Senate
Bill 176 (Alquist) concerning the dissemination of information on products containing hazardous
ingredients and Assembly Bill 1947 (Baffin) adding significant bureaucratic requirements for all
local ordinances concerning hazazdous materials, until the meeting of Apri125, 1995. Second by
Councilmember Ebner. The motion was unanimously approved.
6-H: DECLARATION/DRUGFREE ZONES: Councilmember Genser moved to adopt
Resolution No. 8886(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA DECLARING PARKS AND BEACHES, INCLUDING ADJACENT
PARKING LOTS AND SIDEWALKS, TO BE DRUG-FREE ZONES PURSUANT TO HEALTH
AND SAFETY CODE SECTION 11380.5," reading by title only and waiving further reading
thereof, and request that staff report back with regazd to their plans for posting. Second by Mayor
Pro Tempore. Greenberg. Discussion was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg Holbrook,
O'Connor, Mayor Rosenstein
6-K: FOURTH OF NLY FESTIVITIES: Presented was the staff report recommending the
approval ofcommunity-oriented Fourth of July festivities. Discussion was held. Councilmember
Genser moved to request staff to amend its plan for addressing the Fourth of July to include a
"Dawn's Eazly Light" program on the morning of July 4, 1995. Second by Councilmember Abdo.
Discussion was held. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser, O'Connor
Negative: Councihnembers Ebner, Greenberg, Holbrook, Mayor Rosenstein
Council asked questions of staff. Councilmember Genser moved to endorse the proposed co-
sponsorship of Santa Monica College's July 1, 1995, fireworks celebration and production of an
afternoon community event in Palisades Park and the Santa Monica Pier on July 4, 1995, with the
amendment that as a condition of funding the City receive acknowledgment commensurate with the
level of funding, and authorize staff to proceed with event planning and prepazation. Second by
Mayor Pro Tempore Greenberg. Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
7-A: APPEAL/CUP 94-017/1233 THIRD STREET PROMENADE: Presented was the appeal
of Planning Commission denial of Conditional Use Permit 94-017, 1233 Third Street Promenade.
ApplicanUappellant: Richazd Grossi, Santa Monica Sports Club. Council asked questions of staff.
Applicant/appellant Richazd Grossi spoke in support of the appeal. Council asked questions of Mr.
April 11, 1995
321
Grossi. At 7:21 P.M., Mayor Rosenstein declazed the public heazing open. Member of the public
Joy Fullmer expressed her concerns. Member of the public Dodd Mitchell spoke in support of the
appeal. Mayor Rosenstein closed the public hearing at 7:33 P.M. Council asked questions of staff.
Discussion was held. Councilmember Genser moved to overturn the denial of the Planning
Commission and uphold the appeal and grant the permit subject to the following conditions: alcohol
is only dispensed in the amount of space and the number of seats that aze shown on the plans; it is
only valid as long as this eating establishment is part of a health club operation; alcohol can only
be sold to patrons indicating their intent to purchase a meal; and typical standazd hours, percentages
of sales, etc. as are on most of the permits which have been adopted; granting of the CUP is
contingent on obtaining a license from the Alcoholic Beverage Control; conditions be posted on the
property; and staff return with fmdings. Second by Councilmember Holbrook. Council asked
questions of staff. Discussion was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Holbrook, Greenberg, Genser, Abdo
Negative: Mayor Rosenstein
Abstain: Councilmember Ebner
8-A: ORDINANCE/REOUHiED PARHING SPACES/COMMON SUBTERRANEAN
PARING STRUCTURES: Presented was an ordinance for second reading and adoption
amending Santa Monica Municipal Code Sections 9.04.10.08.190 and 9.04.10.08.200 regazding
location of required parking spaces and common subterranean pazking structures. Mayor Pro
Tempore Greenbere moved to adopt Ordinance No. 1795(CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
M[JNICIPAL CODE SECTIONS 9.04.10.08.190 AND 9.04.10.08.200 REGARDING COMMON
SUBTERRANEAN PARKING STRUCTURES AND LOCATION OF REQUIRED PARKING
SPACES," reading by title only and waiving further reading thereof. Second by Councilmember
Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
8-B: ORDINANCE/EARTHOUAKE RECOVERY ACT: Presented was an ordinance for
second reading and adoption amending and reenacting the Earthquake Recovery Act. Mayor Pro
Tempore Greenberg moved to adopt Ordinance No. 1796(CCS) entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND REENACTING
THE EARTHQUAKE RECOVERY ACT," reading by title only and waiving further reading
thereof. Second by Councilmember O'Connor. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Holbrook, Greenberg, Genser, Ebner,
Abdo, Mayor Rosenstein
8-C: ORDINANCE/PLANNING PERMITS/BUILDIN PERMITS: Presented was an
ordinance for introduction and first reading amending Article IX of the Santa Monica Municipal
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322
Code relating to the term length of planning permits, commencement of use and recommendation
to adopt guidelines to address expiration of building permits. Council asked questions of staff. At
8:05 P.M., Mayor Rosenstein declazed the public hearing open. Member of the public Joy Fullmer
expressed her concerns. Mayor Rosenstein closed the public hearing at 8:07 P.M. Councilmember
Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF
THE ZONING ORDINANCE REGARDING PERMIT LENGTH, COMMENCEMENT OF USE,
AND EXPIRATION," amending the second line of Section 9.04.20.08.040 to read that if the permit
is for affordable housing for a mixed use project where the housing units comprise over 75% of the
floor area that has received City, State of Federal funding in which 50% of the units are deed-
restricted to be affordable to low income households and the remainder of the units are deed-
restricted to be affordable to moderate income households, in the absence of a time period
established by the Zoning Administrator of Planning Commission on appeal and include this
definition in Section 10 also. Second by Mayor Pro Tempore Greenberg. Staff clarified wording
would be: "100% affordable, at least 50% of which are affordable to low income." The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
Councilmember Genser moved to ask staff, in addition to proceeding with the guidelines, to explore
ways in which the City could by ordinance amend the Building Code to more precisely define what
"progress" is. Discussion was held. Second by Mayor Pro Tempore Greenberg. The motion was
unanimously approved
At 8:15 P.M., Council adjourned for a short recess. Council reconvened at 8:35 P.M. with all
members present except Councilmember Ebner who reported present at 8:40 P.M.
9-A: RENOVATION PLANS/MII.ES MEMORIAL PLAYHOUSE: Presented was the staff
report recommending approval of basic renovation plans for Miles Memorial Playhouse and use
guidelines for the facility. Members of the public Scott Page, Ken Breisch, and Bruria Finkel spoke
in support of the rehabilitation of Miles Playhouse. Member of the public Joy Fullmer expressed
her concerns. Members of the public Jean McNeil Wyner, Louise Gabriel, Mazia Sirotti, Rosemary
Miano, and Dorothy Irvine suggested utilizing Miles Playhouse to house the Santa Monica
Historical Society Museum of History and Culture. Member of the public Mary Booth spoke in
support of amulti-purpose use for Miles Playhouse and read a letter from Eve Rosso in support of
housing the Santa Monica Historical Society Museum in the Miles Playhouse. Members of the
public David Bendett and Didi Wood spoke in support of the continued use of Miles Playhouse by
the Santa Monica Symphony. Members of the public Roger Genser, Nan Friedman, Chris DeCarlo,
Donna Sternberg, Lynn Dally, Kym Kaplan, Leigh Curran, Richard Israel, Jon White-Spunner,
Anna Stramese, Dennis Zane, and Louise Bill urged Council to maintain the major focus of
performing arts for Miles Playhouse. Members of the public Dolores Chavez, Susan Obrow, and
Paul Fernandez spoke in support of maintaining the facility for promoting programming for youth
April 11, 1995
323
through the arts. Member of the public Rodney Punt spoke in support of amulti-purpose use for
Miles Playhouse. Member of the public Matt Kramer conveyed the Arts Commission's support of
concept "A" of the design alternatives. Councilmember O'Connor moved to approve the basic
restoration wncept for Miles Playhouse and the proposed guidelines for use of the facility, including
moving forward with the proposed rehabilitation plan, and elicit input from youth. Second by
Councilmember Abdo. Discussion was held. Council asked questions of staff. Councilmember
Genser moved to amend the motion to include direction to staff to study the question of the location
of the electrical panel and keep the question of the removal of softscape open. Council asked
questions of staff. Motion. accepted as friendly. Discussion was held. Council asked questions of
staff. Discussion was held. Councilmember Genser moved to extend the meeting to 11:30 P.M.
The motion was duly seconded and unanimously approved. Discussion continued. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Greenberg Genser, Abdo, Mayor
Rosenstein
Negative: Councilmembers Holbrook, Ebner
9-B: CLOSED SESSION: Held at end of meeting.
10-A: CONFIRMATION OF ASSESSMENT/TREE PLANTING: Presented was the public
hearing for the confirmation of assessment of costs for tree planting on Colorado Avenue between
7th and 14th Streets and adoption of a resolution approving the assessment diagram and confirming
assessment costs.
Councilmember Ebner and Mayor Pro Tempore Greenberg were excused from the meeting at 11:05
P.M.
At 11:05 P.M., Mayor Rosenstein declared the publichearing open. There being no one wishing
to speak, Mayor Rosenstein closed the public hearing. Councilmember Abdo moved to
acknowledge two protests and adopt Resolution No. 8888(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING ASSESSMENT
DIAGRAM AND CONFIRNIING ASSESSMENT COSTS FOR TREE PLANTING AND
APPURTENANT WORK ON COLORADO AVENUE BETWEEN SEVENTH STREET AND
FOURTEENTH STREET," reading by title only and waiving further reading thereof. Second by
Councilmember Holbrook. Council asked questions of staff. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers O'Connor, Holbrook, Genser, Abdo, Mayor
Rosenstein
Absent: Councilmembers Greenberg, Ebner
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324
14-A: LETTERS OF RESIGNATION/CONNIE JENKINS/RECREATION AND PARKS
COMNIISSION/JOHN EZELL/AIRPORT COMNIISSION: Councilmember Abdo moved to
accept with regrets the letters of resignation from Connie Jenkins of the Recreation and Parks
Commission and John Ezell of the Airport Commission and authorize the City Clerk to publish
Notices of Unscheduled Vacancies. Second by Councilmember Genser. The motion was
unanimously approved, Councilmember Ebner and Mayor Pro Tempore Greenberg absent.
I4-B: NOTICE OF ANNUAL SCHEDULED VACANCIESBOARDSRND COMNHSSIONS:
Councilmember Abdo moved to authorize the City Clerk to publish a Notice of Annual Scheduled
Vacancies for members. of vazious Boazds and Commissions. Second by Councilmember Censer.
The motion was unanimously approved, Councilmember Ebner and Mayor Pro Tempore Greenberg
absent.
14-C: ANALYSIS/SENATE BILL 1257: Presented was the request of Councilmember Censer
to direct the City Attorney to analyze Senate Bill 1257, as modified by the Senate Judiciary
Committee, for its potential impacts on the City of Santa Monica. Councilmember Genser moved
to direct the City Attorney to analyze Senate Bill 1257, as modified by the Senate Judiciary
Committee, for its potential impacts on the City of Santa Monica. Second by Councilmember
O'Connor. The motion was unanimously approved, Councilmember Ebner and Mayor Pro Tempore
Greenberg absent.
14-D: PREPARATION OF ORDINANCE PROHIBITING ACTIVITY WITH INTENT OF
FORCING A VACANCY IN A RENTAL HOUSING UNIT: Presented was the request of
Councilmember Genser to direct the City Attorney to prepare an ordinance which prohibits activity,
e.g., harassment, with the intent of forcing a vacancy in a rental housing unit. Councilmember
Censer moved to direct the City Attorney to prepaze an ordinance which prohibits activity, e.g.,
harassment, with the intent of forcing a vacancy in a rental housing unit. Second by Councilmember
O'Connor. Discussion was held. The motion was approved, Councilmember Holbrook opposed,
Councilmember Ebner and Mayor Pro Tempore Greenberg absent.
14-E: POSSIBLE COMPROMISES/TENANT PROTECTIONS/PENDING AND FUTURE
TORCA CONVERSIONS: Presented was the request of Councilmember Censer that Council
direct City staff to notify affected tenants of possible compromises in tenant protections in pending
and future TORCA conversions. Member of the public Paul DeSantis urged Council to write a
balanced letter notifying tenants of their rights. Member of the public Rosario Perry urged Council
to delay notification to tenants until after an analysis of the law is completed. Discussion was held.
Councilmember Genser moved to request staff to provide and update information for residents and
owners who are currently or in the future undergoing the TORCA process as to how pending
legislation might affect their rights. Second by Councilmember O'Connor. Discussion was held.
The motion was unanimously approved, Councilmember Ebner and Mayor Pro Tempore Greenberg
absent.
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325
Councilmember Abdo moved to extend the meeting until the conclusion of the Closed Session.
Second by Councilmember Genser. The motion was unanimously approved, Councilmember Ebner
and Mayor Pro Tempore Greenberg and absent.
14-F: DECLARE OPPOSITION/ASSEMBLY BILL 1944: .Presented was the request of
Councilmember Genser that Council declaze its opposition to Assembly Bill 1944 (Murray), and to
direct the Mayor and City staff to express this position to the Legislature and Governor. Member
of the public Rosario Peny spoke in support of opposing Assembly Bill 1944. Discussion was held.
Councilmember Genser moved that Council declaze its opposition to Assembly Bill 1944 (Murray)
and to direct the Mayor and City staff to express this position to the Legislature and Governor.
Second by Mayor Rosenstein. Discussion was held. The motion was unanimously approved,
Councilmember Ebner and Mayor Pro Tempore Greenberg absent.
15: PUBLIC INPUT: Member of the public Mike Street urged Council to adopt an ordinance
concerning the legal tenancy of spousal equivalents or domestic partnerships.
9-B: CLOSED SESSION: At 11:38 P.M., Council adjourned to Closed Session for conference
with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director. Employee Organization:
Municipal Employees Association (MEA).
No action was taken.
At 12:15 A.M., Council reconvened with all members present except Councilmember Ebner and
Mayor Pro Tempore Greenberg.
ADJOURNMENT: At 12:16 A.M., the meeting was adjourned in memory of Venita Andrew.
ATTEST:
APPROVED:
Clarice E. Dykhouse
City Clerk
Paul Rosenstein
Mayor
April 11, 1995