M-4/15/1997
84
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 15, 1997
An adjourned regular meetIng of the Santa MOllica City Council \vas called to order by ylayor
O'Connor at 6 41 pm. on Tuesday. Apn115, 1997, ill the Councll Chambers
Roll Call
:\1ayor Pamela O'Connor
Yfayor Pro Tern Robert T Holbrook
CouncIlmember Ruth Ebner
CounCllmember Michael FeInsteIn
Councllmember Ken Genser
Councllmember Asha Greenberg
Councllmember Paul RosensteIn
Present
Also Present
CIty Manager John Jahh
CIty Attorney Marsha Jones Moutne
CIty Clerk Mana Nt Stewart
Counctlmember Ebner led the assemblage In the Pledge of AllegIance to the Flag of the Umted
States of Amenca
INSPIRATION A moment ofmsplratlOn "\vas provIded by Aaron Coles, a 10th grade student at
St MOllIca-s High SchooL \vho recIted a poem he authored
4-A: PROCLAlVlATIONINA TIONAL TAKE OUR DAUGHTERS TO WORK DA YI
APRIL 24.1997 :Yfayor O'Connor presented a proclamatIOn dec1anng Apn124, 1997. as
--Natlonal Take Our Daughters to Work Day'- ill the City of Santa Maruca
6. CONSENT CALENDAR The Consent Calendar \vas presented. whereby all Items are
consIdered and approved In one motIon unless removed from the calendar for discussIOn
Members of the pubhc Joey Fullmer and Kora Houseplan addressed Items on the Consent
Calendar
Mayor O'Connor announced that \"hIle the staffreport for Item ~o 6-B IS correct, there IS a
typographIcal error m the amount on the prmted agenda
Apn115, 1997
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At the request of Councilmember Genser Item No 6-B \\'as removed from the Consent Calendar
At the request of Councllmember Femstem Item No 6-E was removed from the Consent
Calendar
MotIon by :VIayor Pro Tern Holbrook. seconded by CouncIlmember Femstem. to approve the
Consent Calendar, notmg an agenda correctIOn on Item ~o 6-B and \VIth the exceptIOn ofItem
Nos 6-B and 6-E, readmg resolutIOns and ordmances by tItle only and Walvmg further readmg
thereof The motIOn was approved by the followmg vote
Ayes
CouncIlmembers Ebner. Rosenstem. Greenberg, Genser, Femstein.
Mayor Pro Tern Holbrook. Mayor O'Connor
None
None
~oes
Absent
6-A: PROFESSIONAL SERVICES AGREE:;\.lE~TIDESIGN RE~OV ATIO~S/COUl'\CIL
CHA:VIBER Contract No 6647(CCS) \vas approved. III the amount of$52.000, \-yith Gruen
ASSocIates to deSIgn renovatlOns to the Clt)' Hall CouncIl Chamber and an mcrease to the
contract \vas authonzed for an amount up to 20%. If necessary
6-C: A \V ARD OF CON"TR.-\CT IREP AIR OF EARTHQUAKE DAMAGED STREET
LIGHTSIBROAD\V A Y Contract No 6649(CCS) ,vas awarded to Paul Gardner CorporatlOn.
III the amount of$434.736. for repan of earthquake damaged street lIghts on Broadway
6-D: PROFESSIONAL SERVICES CONTRACTIROMA DESIGN GROUP!
LANDSCAPE/ARCHITECTURAL SERVICES/PLlJLIC SAFETY BUILDING
SCHEMATIC DESIGN Contract 1\0 6650(CCS) was approved wnh RO~lA DeSIgn Group. m
an amount not to exceed 549,800. for landscape and arclutectural Sef\'ICeS for the PublIc Safety
BUIldmg schematIc deSIgn
E~TI OF CONSE~T CALENDAR
6-"8: A \V ARD OF CO~TRACT /REPLACEMENT OF FLOORS/CIVIC AUDITORIUM
LOBBYIUPPER CONCOL'RSE CouncIlmember Genser adVIsed that he removed thIS nem
due to the publIc tesumony and asked questIOns of staff regardmg same Staff responded to the
questIOns
MotIOn by Councdmember Gensel. seconded by Councdmember Greenberg:. to approve Contract
No 6648(CCS) w11h Des/Mar Constructlon, m the corrected amount of 5279.000 (and not
5339000), to replace CiVIC AudItonum Lobby and Upper Concourse floors The motIOn \vas
approved by the follow1ng vote
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86
Ayes
Councllmembers Ebner, Rosenstem, Greenberg, Genser, Femstem.
~fayor Pro Tem Holbrook. I\'fayor O'Connor
Kone
None
).foes
Absent
6-E: SALE OF OLD CITY STREET NAME SIGNS Councllmember F emstem dIscussed the
pOSSIbIlIty of gIvmg resIdents lIvmg on a certam street pnonty for the purchase ofthe street sIgns
for theIr streets as much as possIble
CouncIlmember Ebner was excused at 7 06 p m
).,1otlon by Councllmember Femstem. seconded by Councllmember Genser, to adopt ResolutIon
No 9136(CCS) entItled "A RESOLUTIO)I OF THE CITY COlJ~CIL OF THE CITY OF
SANTA MONICA AUTHORIZIXG THE SALE OF OLD STREET Ni\-,vfE SIGNS TO THE
PUBLIC AKD ESTABLISHING THE PURCHASE PRICE:' amended to mclude glvmg pnonty
to resIdents who lIve on the specIfic street \\'1thm the first 1\\'0 weeks of the sale pen ad. readmg
by tItle only and WaIvmg further readmg thereof The motIon was approved by the followmg
vote
Ayes
Councllmembers Rosenstem. Greenberg, Genser. F emstem,
:\fayor Pro Tern Holbrook, Mayor O'Connor
).fane
CouncIlmember Ebner
Noes
Absent
8-A: ORDINANCE/OFFICIAL DISTRICTING MAP The ordmance was presented for
second readmg and adoption
MotIon by CouncIlmember Greenberg, seconded by Mayor Pro Tem Holbrook, to adopt
OrdInance No 1876(CCS) entitled "A_l\T ORDI~ANCE OF THE CITY COL~CIL OF THE
CITY OF SANT A MO~ICA AMENDING THE OFFICIAL DISTRICTING MAP TO REZOKE
1544 NIKETEENTH STREET FROM R2 TO R2A," readmg by tItle only and WaiVIng turther
readIng thereof The motion was approved by the following vote
Ayes
Councllmembers Femstem, Greenberg, Rosenstelll.
Mayor Pro Tern Holbrook
COlmcIlmember Genser. Mayor O'Connor
CouncIlmember Ebner
Noes
Absent
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8-B: ORDIXANCEIROOFTOP PARKING The ordmance was presented for second readmg
and adoptIon
MOHon by Councllmember Greenberg. seconded bv Mayor Pro Tern Holbrook. to adopt
Ordmance 1'0 I 877(CCS) entItled "AN ORDI~ANCE OF THE CITY COL~CIL OF THE
CITY OF SANTA MOXICA AMENDING ZONING ORDI:\A- 'l"CE SECTIOKS
90408 18040.90408 18050. A1\D 9 04 08 18060 TO ALLOW ROOFTOP PARKIKG ON
PARCELS DIRECTLY ABeTTING OR SEPARATED BY A1\ ALLEY FROM A
RESIDENTIAL ZONE IN THE C-3 ZO~ING DISTRICT:" readmg by tItle only and \Yalvmg
further readmg thereof The motIOn was approved by the foIlovvmg vote
Ayes
Councllmembers Femstem. Genser. Greenberg, Mayor Pro Tern Holbrook.
Mayor O' Connor
Councllmember Rosenstem
None
Councllmember Ebner
Abstam
Noes
Absent
9-A: A:\IEND:VIE~TINUISANCE ABATEMENT ORDINANCE Presented was the staff
report recommendmg dIrectIOn to staff to prepare an ordmance to amend the Clty'S Nmsance
Abatement Ordmance to authonze the Nmsance Abatement Board to Impose condItIOns and
restnctlQns on busmesses WhICh are found to operate as nmsances and to establIsh a specml
procedure for the abatement and removal of certam vehIcles, conSIstent WIth State law
Councllmemher Ebner retullled to the dlaS at 7 12 P m
On order of the tvlayor. the publIc hearmg was opened
:\tlember of the publIc Joey Fullmer expressed her concerns
There bemg no other speakers. the Mayor closed the publIc hearmg
~loHon bv CouncIl member Greenbem. seconded bv Councllmember Genser. to dIrect staff to
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prepare an ordmance 'whlch ,\'ould amend the ~Ulsance Abatement Ordmance to explIcItly
authonze the Nmsance Abatement Board to llnpose condItIOns and restnctlOns on busmesses
\VhlCh are found to operate as nmsances and to estabhsh a speCial procedure for the abatement
and removal of vehIcles conSIstent WIth State law The motIon ,vas approved by the follmnng
vote
Ayes:
Councllmembers Ebner. Rosenstem, Greenberg. Genser. Femstem.
:Y1ayor Pro Tern Holbrook. Mayor O'Connor
None
None
Noes
Absent
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10-A: DR-\FT 1998-2003 HOUSI~G ELEME~T Presented was the contmued pubhc hearmg I
on the Draft 1998-2003 Housmg Element, adoptiOn In concept the Draft Housmg Element.
dlfeC1l0n to staffto transmit the document to the State Department of Housmg and CommunIty
Development. dIrectIOn to staff to begm preparatiOn ofthe draft Envlforunental Impact Report,
and dIreCtIOn to staff to prepare ImplementatIOn ordmances for two key polIcy Issues
On order of the :\rlayor. the pubhc heanng was opened
There bemg no one wlshmg to speak who had not already spoken on tlus Item at prevIOus
meetmgs. the Mayor closed the pubhc heanng
Mam motIon by CouncIlmember Genser. seconded by CounCllmember Femstem. to approve the
comprehenSIve set of recommendatIOns made by staff over the last several weeks as outlmed m
the staff report. subject to the follow1ng amendments. as agreed upon by CouncIl
YlotIon by CouncIlmember GenseL seconded by Mavor O'COlmor. to re-word the tltle of Goal
. . .
} 0 to ehmmate the oxymoron of Promote the ConstructIOn of~e\v Housmg Through Regulatory
Mechamsms to the extent pOSSIble
After dIScussIon on how to vote for the amendments. It \vas the consensus of CouncIl that no
vote will be taken on proposed amendments unless there IS an obJectIon, othenvlse the
amendments \VIll be construed as ffIendly
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MotIon by CounCllmember Genser. seconded bv CouncIlmember Femstem. to amend the motIon
. .
to modIfY Pohcy } 7 (Page V -9). as recommended by the Plannmg CommissIOn. to read
"~vlmntam development standards that ensure that the development of new housmg m reSIdentIal
neighborhoods IS deSIgned to fit WIthin the eXlstmg neighborhood context" The motIon was
approved by VOIce vote wnh CouncIlmembers Ebner and Greenberg opposed
\:lotlOn by CouncIlmember Ebner to amend the motion to modify the language of Goal 1 O.
Program 1 a. to read as follows "Modify the rene\v procedures for condommmms from a
ConditIOnal Use PermIt to another deSign rene\\' procedure ..
Plannmg DIrector, Suzanne FrIck, explamed the mtent of the sectIOn, as recommended
DISCUSSIOn ensued as to the apphcabIhty of the standards to condominIums "versus apartment
bmldmgs
MotIOn by Councllmember Greenberg to amend the motIOn to modIfy the language of Goal 1 O.
Program} a, to read as follows '-ModIfy the review procedures for condomImums to brmg them
mto contanmty. as much as legally feaSIble. to the standard~ of apartment bmldmgs .,
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I\'Iotlon bv CouncIlmember Genser to amend CouncIlmember Greenberg's amendment. above. to
modIfy the language of Goal 1 O. Program 1 a. to read as follo\vs 'ElImmate the condltlonal use
permIt procedure and evaluate other procedures whIch achIeve an appropnate level of deSIgn
reVIew, project compatIbIlIty. mcludmg reVIew ofthe physlcallocanon. SIze and massmg of the
structure(s). and pubhc Improvements, to ensure that the project IS companble and mtegrates
wnh and relates harmomousJy to surroundmg SItes and neIghborhoods .'
MotIon by CouncIlmember Greenberg to amend the motIon to modIfy Program 1 a. 1998-2003
ActIOn Plan (Page V -9) to modIfy language so that It now reads "Penodlcally reVIew and, after
consultatIOn \vlth local experts. mcludmg archItects. where necessary, reVIse planmng. zomng
and development regulatlons. assessments. and tees .. The amendment ""as accepted as
fnendly
~IotlOn by C ounctlmember Gensel. to amend Goal 1 O. Program 1 a. by addIng n to ensure
that. m the examples gIven. there IS no parkIng dismcentIve for proVIdmg large famIly unIts and
conSIder haVIng dlffenng parkmg standards to address dIfferIng neIghborhood condmons" The
amendment was accepted as fnendly
~lonon by Counctlmember Rosenstem to evaluate parkmg standards for affordable housmg to
ensure that they are reasonable The amendment was accepted as irlendly
Ylonon by Counctlmember Greenberg. duly seconded, to dIrect staffto begm the process to
modIfy the zomng ordmance to permIt eXlstmg non-conformmg multI-famIly reSIdentIal
developments that are destroyed due to fire, earthquake, or other natural dIsaster to be replaced
m-kmd m order to prevent the loss of dwellmg umts m the CIty The motIon \vas approved by
VOIce vote
On order of the Mayor, the CIty CounCIl recessed at 8 58 pm. and reconvened at 929 pill. vVlth
all members present
:\10tlOn bv Counctlmember Genser to amend Goal 20 to add Pohcy 28. the concept of whIch
would be that the CIty would work WIth the non-profit commumty to assure that the capaCIty to
develop affordable housmg projects on an ongomg baSIS IS mamtamed m thIS communIty The
amendment 'vas accepted as fnendly
Monon by CouncIlmember F emstem to add a program to explore and evaluate energy efficlenct
deSIgn for 10\\>" and very low mcome uruts to reduce hVIllg costs The amendment was accepted
as ffIendly
MotIOn by Councllmember Genser to change the last sentence ofthe mtroductory paragraph of
Goal 2 O. Program 2 a, to read "Changes to be conSIdered. III addItIOn to the expanSIOn of the
m-heu fee optIOn. ,\111 mclude .. The amendment was accepted as fnendly
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90
MotIOn bv Councllmember Genser to amend Goal 2 0, Program 2 a, and add to the hst of
proposed amendments to the InelusIOnary Housmg Program to consIder modIfymg the fee
structure to encourage housmg development m targeted areas of the City The amendment ,vas
accepted as fnendly
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:vlotlon bv CouncIlmember Genser to amend Goal 2 0, Program 2 b. and add language to mclude
the concepts of 1) bemg consistent 'vlth mamtammg neighborhood character. 2) consider haYIng
neIghborhood-specrfic standards for specIfic neighborhood conditIOns The amendment "vas
accepted as frIendly
)"lotIOn bv CounCllmember Genser to amend Goal 2 O. Program 2 c. to add a bullet reading
"\\Tork \VIth local non-profit agencies to assure local capacIty to develop affordable housmg on
an ongomg basIs" The amendment \-vas accepted as fnendly
I'vlotIOn bv Councllmember Genser. duly seconded. to amend Goal 2 O. Program 2 d. by addmg
language as follows 'To the extent feaSible. unhze addItIOnal non-hOUSIng redevelopment funds
to supplement the annual 20% set-asIde reqUIrement for ehglble housmg acqulSltlOn.
rehabIlItatIOn. and constructIOn purposes"' The motlOr. was approved by vOIce vote With
Councllmembers Ebner and Greenberg opposed
Monon bv CouncIlmember Genser. dulv seconded. to amend the motIon to add a bullet to Goal
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2 O. Program 2 f. as follows "ConSIder purchasmg land for future development of affordable
housmg" The motIon was approved by vOIce vote. Councllmember Ebner opposed
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Motion by CouncIlmember Genser. seconded by Councllmember Femstem, to mclude a concept
man appropnate sectIOn ofthe HOUSIng Element to look for opportumtles to allmv the
development of lIve-work space mcludmg artist studIOS The motIOn was approved by vOIce
vote
MotIOn bv Councllmember Genser to amend Goal 2 0, Program 2 h. to mclude wordmg at the
end of the last bullet as follO\v5 .. ,mcludmg the proVISIOn of outdoor play areas m
developments for children" The amendment "vas accepted as fnendly
"Ylotlon bv Councllmember Genser to amend Goal 3 0, Program 3 a, to mc1ude a ne,,,, bullet. the
concept of which beIng, "In conjunctIOn '\lth the Rent Control Board. conSIder plaCIng any
needed Charter modificatIOns before the voters" The amendment was accepted as fnendly
\-'lotIon by Councllmember Genser to amend Goal 3 O. Program 3 c. to add a bullet as follows
"Renew current laws and recommend any needed modificatIOns to protect tenants to the
maximum extent feasIble" The amendment was accepted as fnendly
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MotIon bv COUllcIlmember Genser to amend Goal 4 O. Program 4 a. to mclude an addltlOnal
posslblhty for program mclusIOn as follO\\'s "Provldmg rehablbtatIon assIstance m COnjUllctlOn
\Vlth mcentlves for O\\ners to dedIcate and contractually restnct umts for low mcome and/or
SectIOn 8 tenants" The amendment was accepted as fnendly
1\'lot1On bv Councllmember Femstem to amend Goal 4 0, Program 4 b. to explore the feasIbIlIty
of promotmg retrofits related to energy effiCIency to mcrease affordabIhty for the lowest mcome
groups The motIon was accepted as frIendly
:\II011On bv CouncIlmember Genser to amend Goal 4 0, Program 4 e, to educate the constructlon
mdustry m the CIty and tram enforcement personnel to ensure safe constructIOn SItes The
amendment was accepted as fnendly
"\lotlOn by CouncIlmember Genser to amend Goal 5 0, Program 5 d. to add a bullet as follows
"Renew eXlstmg regulatlOns and ordmances and recommend potentIal changes If mdlcated ..
The amendment was accepted as fnendly
MotIon by Councllmember Rosenstem. duly seconded, to have the CIty and the Rent Control
Board renew the Category C removal process to examme the Issue \-"here the redevelopment
process somewhat forces O\'vTIers to buIld condommIUms mstead of apartments The motlQn ,vas
approved by VOIce vote. Councllmernbers Femstem and Genser, and Mayor O'Connor opposed
CouncIlmember Genser requested a roll call vote on the above motIon. the results of whIch are as
follows
Aves
":'J oes
Absent
Councllmembers Greenberg. RosensteIn. Ebner. Mayor Pro Tern Holbrook
CouncIlmembers Femstem. Genser, 1.-1ayor O'Connor
Kone
The mam monon, to approve the recommended changes by staff, as outlIned m the staff report.
and as modIfied by the CIty CouncIl The motion \-vas approved by the follOWIng vote
Ayes
CouncIlmembers Femstem, Gensel. Greenberg, Rosenstem, Ebner.
:'vlayor Pro Tern Holbrook, Mayor O'Connor
None
None
Noes
Absent
MotIon by CouncIlmember Greenberg, seconded by CouncIlmember FeInstem, to adopt m
concept the Draft Housmg Element
Ayes Councllmembers Ebner. Rosenstem. Greenberg. Genser. Femstem.
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Noes
Absent
92
Mayor Pro Tern Holbrook. Mayor O'Connor
None
None
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MotIon bv Councllmember Greenberg. seconded by Councllmember Femstem. to dHect staff to
transmIt the document to the State Department of Housmg and Conunumty Development The
motIon was approved by the followmg vote
Ayes
)Toes
Absent
Councllmembers Femstem. Genser. Greenberg, Rosenstem. Ebner,
Mayor Pro Tern Holbrook. :Ylayor O'Connor
Kane
Kane
MotIon by CouncIlmember Greenberg, seconded by Councllmember F emstem. to dHect staff to
begm preparatIon of the draft Ennronmental Impact Report The motlon ,vas approved by the
followmg vote
Ayes
)Toes
Absent
Councllmembers Ebner. Greenberg. Genser, Femstem. Mayor O'Connor
Councllmember Rosenstem. Mayor Pro Tem Holbrook
Kone
Councllmember Rosenstem requested that the record reflect that he voted '"no" on the above I
motIon because he feels that It would be a waste of money to study a document that at thIS pomt
IS so vague as to be VIrtually meamngless
MotIon by CouncIlmember Greenberg, seconded by ~layor Pro Tem Holbrook, to dIrect staffto
prepare the necessary implementatIOn ordmances related to the mcluslOnary housmg pohcIes and
reVIsed development standards The motlOn was approved by the follm'>'lng vote
Ayes
Noes
Absent
Councdmembers Femstem. Genser, Greenberg, Rosenstem. Ebner.
Mayor Pro Tern Holbrook. y!ayor O'Connor
None
None
12-A: ),JOUIFIREFIGHTERS LOCAL 1109 The ResolutIOn authonzmg the CIty fvIanager to
execute a :vlemorandum ofCnderstandmg with the Firefighters Local 1109 was not heard
12-8: EXECUTIVE PAY PLAN No actlOn was taken on the ResolutlOn authonzmg the City
f\'fanager to amend ResolutIOn No 8293 WhiCh estabhshed the ExecutIve Pay Plan
13-A: HY\VEL SIMSfLEAFBLO\VERS Presented was the request ofHywel SIms, DIrector
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of Santa MOllica AIDS Project. to address the City Council regardmg illegal use of leatblmvers m
the Cny and the health nsk to resIdents. partIcularly to those \VIlh a catastrophIc Illness
Member of the pubhc Bnan Hutchmgs spoke m support ofbanmng the use ofleafblo\vers III the
Cny
~10tlOn by CouncIlrnember Femstem, seconded by CouncIlmember GenseL to contmue the
meetmg past 11 pm The motion was approved by VOlce vote. Mayor Pro Tern Holbrook
opposed
The mformatIOn \vas receIved and filed
15: PUBLIC INPUT Member of the pubhc Bnan Hutchmgs dIscussed penSIOns
CounCllmember Femstem, speakmg on behalf of the co-chaIrS of the Santa MOllica Cluld Care
Task Force. mvned CouncIl to a forum on chIld care at the Ken Edwards Center on Apnl23rd
bet\veen 5 pm and 630 P rn
16: CLOSED SESSION At II 04 pm, CounCIl adjourned to Closed SeSSlOn
16-1\: CLOSED SESSION/CONFERENCE 'VITO LABOR ;:\,EGOTIA TOR
CIty Negotiator
Bargammg Umts
Karen Bancroft, Personnel DIrector
FIrefighters local 1109
ExecutIve Pay Plan (EPP)
ACTIOK
ExecutIve Pay Plan (EPP) K 0 actIon taken
FIrefighters local 1109 Kat heard
16-B: CLOSED SESSION/CONFERENCE 'VITO LEGAL COUNSEL
EXIstmg LItIgatIOn Cny of Santa MOllIca v IVlobIl OIl CorporatIOn et al , Case No. SC
045788
ACTION Not heard
16-C: CLOSED SESSION/CONFERENCE \VITH LEGAL COrNSEL
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94
EXIstmg LItIgatIOn Santa Momca Housmg CouncIl v CIty of Santa ylomca. Case Xo
SS55l9l
ACTION Not heard
16-D: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL
EXIstmg LItIgatIon Kamal v Cny of Santa Momca, Case No CV 95-1025
ACTIO~ ~ot heard
16-E: CLOSED SESSION/CONFERE~CE WITH LEGAL COUNSEL
AntICIpated LItIgatIOn
Numberofcases Two
ACTIO?\' Not heard
ADJOURNMENT At 11 45 am. the meetmg was adjourned to Apnl 29, 1997
ATTEST
APPROVED
l
""--f:;'i11 C~<}-tl---
Pamela O'Connor
Mayor
\...
~~ :~o.J
Mana :'1,'1 Stewart
Clly Clerk
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