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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 27, 1997
A regular meetmg of the Santa MOllica CIty CounCIl was called to order by Mayor O'Connor at
646 pm. on Tuesday, May 27. 1997. m the CouncIl Chambers
Roll Call
Present
Mayor Pamela O'Connor
Mayor Pro Tern Robert T Holbrook
Councllmember Ruth Ebner
Councl1member tvhchael Femstem
Councllmemher Ken Genser
Councl1member Asha Greenberg
CouncIlmember Paul Rosenstem
Also Present
Actmg CIty Manager Susan McCarthy
CIty Attorney Marsha Jones Moutoe
CIty Clerk Marla M Stewart
6. CONSENT CALENDAR The Consent Calendar was presented, ,vhereby all Items are
consIdered and approved m one motlon unless removed from the calendar for dIscussIOn
Member of the public Joey Fullmer addressed Items on the Consent Calendar
Motlon by Councl1member F emstem. seconded by Councllmember Rosenstem, to hear a late
speaker The motlon was unanImously approved by VOIce vote
Member of the publIc Bnan Hutchmgs addressed Items on the Consent Calendar
At the request ofCouncllmember Genser Item No 6-D was removed from the Consent Calendar
MotIon bv Councllmember Greenberg:. seconded by Mayor Pro Tern Holbrook. to approve the
Consent Calendar. ,nth the excepnon ofItem Ko 6-D, readmg resolutIons and ordmances by
title only and "Valvmg further readmg thereof The motIon was approved by the followmg vote
Ayes Councllmembers Ebner. Rosenstem. Greenberg. Genser. Femstem.
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~oes
Absent
Mayor Pro Tern Holbrook. Mayor O'Connor
Kone
None
6-A: l\n~UTES APPROVAL The CIty CouncIl mmutes of the regular CIty CouncIl meetmgs
of Apnll5, and Apn129, 1997, and the Specml CIty CouncIl meetmg of Nlay 6, 1997. were
approved as submItted
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DA~'IAGE) ResolutIOn No 9144(CC5) entitled "A RESOLCTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MO:--UCA DECLARI:\TG THE EXISTENCE
OF A CONTINCIKG LOCAL EMERGEKCY." was adopted
6-C: SUBDIVISION I.MPROVEMK\T AGREEMENT /FINAL PARCEL MAP NO.
52119/CONDOMINIUMS/I117 18TH STREET Contract No 6656(CC5) 'WIth Anoosh C P
AskarI and Naskrin S AskarI was approved and ResolutIOn ~o 9145, entItled '"A
RESOLCTI01\ OF THE CITY COU~CIL OF THE CITY OF SANTA :Yl0NICA ACCEPTING
A~D APPROVI~G A FIKAL SUBDIVISION MAP FOR PARCEL)l"O 52119 TO
SCBDIVIDE A PROPERTY AT 1117 EIGHTEENTH STREET;" ,vas adopted thereby
approvmg a five-umt condommmm project
6-E: AMEND)'IENT TO STANDARD AGREEMEl\T/STA TE \V A TER RESOURCES
CONTROL BOARDfEXTENSION OF COMPLETIO:K DEADLI~E/CA TCH BASIN
RETROFITS Contract No 7156(CCS) "vas approved thereby approvmg Amendment to
Standard Agreement No 5-061-140-0 "-'lth the State Water Resources Control Board thereby
extendmg the completlon deadlme ofthe grant-funded project to evaluate the effectIveness of
catch basm retrofits for pollutants from entenng the Santa Momca Bay
6-F: SA~T A ,MONICA COLLEGE/FIRE\VORKS/CELEBRA TE AMERICA Santa
\-'lomca College's request to mclude fire,yorks m theIr 15th annual "'Celebrate Amenca" concert
program on June 28, 1997. was approved and budgeted funds were allocated for that purpose
6-G: RE:KE\VAL OF CONTRI\CT/l\'lED TRJ\NS-GOODHE\V AMBULAXCE SERVICE
Rene\val of Contract No 5919 (CCS) was approved thereby exerClSlng the optIOn to renew the
contract '\nth ~ledTrans!Goodhew Ambulance SerVIce for emergency ambulance servIces wlthm
the CIty of Santa Momca for a term of two years
EKD OF CONSENT CALENDAR
6-D: APPLICATION/GRA:KT FU~DS/CALIFORNIA ARTS COU~CIL LOCAL ARTS
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EDUCATION PARTNERSHIP PROGR-\l\1 Councllmember Genser asked questIOns of staff I
and expressed concern \Vlth program-specIfic fundmg opportumtles
MotIon by Councllmember Rosenstem. seconded by Councllmember Greenberg. to adopt
ResolutIOn No 9146(CCS) entItled "RESOLUTION OF THE CITY COUKCIL OF THE CITY
OF SANTA MONICA AUTHORIZING CITY MANAGER TO APPLY FOR GRANT FUNDS
FROM THE CALIFOR..'JIA ARTS COUNCIL LOCAL ARTS EDUCATION PARTNERSHIP
PROGRAM:' readmg by title only and WaIvmg further readmg thereof The motIOn \vas
approved by the followmg vote
Aves
"'
CouncIlmembers Ebner, Rosenstem, Greenberg, Femstem,
Ylayor Pro Tern Holbrook. Mayor O'Connor
CouncIlmember Genser
None
Noes
Absent
8-A: SIX-l\'IONTH REVIE\V/ORDINA:"lCE PROHIBITING SITTIXG AND LYING ON
SIDEWALKS/THIRD STREET PROMENADEIFIRST READING OF ORDINANCE/
l:NAMBIGUOUSL Y PROHIBITIl\'G L YI~G ON BENCHESffHIRD STREET
PRO),IENADE/SITTll'G ON RAILIKGSITOPIARY STATUES/SITTING OR
L YINGIFOLIAGE AROUND STATUES Presented \-vas the sIx-month rene"v of the
rmplementatIOn of an ordmance prohIbltmg sIttmg and lymg on SIdewalks m the ThIrd Street
Promenade and the recommendatIon to mtroduce and hold first readmg on an Ordmance I
amendmg SectIOn 3 12350, whIch would unambiguously prohIbIt lymg on benches m the ThIrd
Street Promenade, slttmg on raIlmgs around the topIary statues and SIttmg or lymg on the folIage
around the statues
On order of the Mayor, the publIc heanng was opened
IVlember of the publIc Joey Fullmer expressed her concerns
~lember of the publIc Dan Ehrler spoke III support of the ordmance
Members of the publIc Ron Taylor, Jennafer Waggoner. Matthew Day. Jenmfer Casey, Ryan
Flegal. and Franceye Srmth spoke m OpposItIOn to the proposed ordmance
MotIon by Mayor O'Connor. seconded by Councllmember Femstem, to hear a late speaker The
motIon faded by VOIce vote
There bemg no other speakers, the Mayor closed the publIc hearmg
MOllon bv Councllmember Ebner. seconded bv CouncIlmember Greenbenr. to mtroduce for first
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readmg an ordmance ennded "AN ORDINA..:.'\CE OF THE CITY COUNCIL OF THE CITY OF
SANTA MO:'-JICA AMENDING SAKTA MONICA MUNICIPAL CODE SECTIO~ 3 12 350
RELA TI1\G TO THE PROHIBITION AGAINST SITTING OR LYING ON PUBLIC
SIDE\VALKS. OR UPON OBJECTS PLACED OR INSTALLED O~ PCBLIC SIDEWALKS
IN THE BA YSIDE DISTRICT AKD ON THE PROMENADE ROAD\V A V:' amended to
mclude the followmg language '"Dunng the hours between 6 00 a m and 1 00 am. no person
shall SIt or he dO\vn upon a publIc SIdewalk m the BaysIde DIstrIct or upon the ThIrd Street
Promenade roadway, and no person shall SIt or he dO\"TI upon a blanket. chair, stooL bench. or
any other object placed or Installed on a pubhc SIdewalk m the BaysIde DIstnct or on the ThIrd
Street Promenade road"way. and no person shall SIt. stand. or he down upon. or othenVlse be
present upon. any plantmg. rarlIng. topIary, or statue placed upon or Installed on a pubhc
slde\valk m the BaysIde DIstrIct or the Tlurd Street Promenade roadway"
)"'lotIOn by CouncIlmember Greenberg, accepted as fnendly. to amend the motIOn that tills
ordmance be made mto an mfranctlOn/mIsdemeanor woblet
\.-lotlOn by CouncIlrnember Genser. seconded by CouncIlmember Femstem. to remove reference
to raIlmgs from the ordmance The monon faIled by the follo\\mg vote
Ayes
Noes
Absent
Counctlmembers Femstem, Genser, :\layor O'Connor
CouncIlmembers Greenberg. Rosenstem. Ebner. Mayor Pro Tern Holbrook
None
ylotlOn by CouncIlmember Femstem. seconded by Mayor O'Connor, to amend by deletmg the
reference to sIttmg on the curbs The motlon farled by the follo\vmg vote
Ayes
)J oes
CouncIlmembers Femstem. Mayor O'Connor
CouncIlmembers Ebner, RosensteIn. Greenberg. Genser.
"Mayor Pro Tern Holbrook
None
Absent
The mam motIOn. as amended, was approved by the follOWIng vote
Ayes
Noes
Absent
CouncIlmembers Greenberg. RosensteIn. Ebner. :\'layor Pro Tern Holbrook
Counctlmembers Femstem. Genser, Mayor O'Connor
None
Counctlrnember Genser requested that the record reflect that \-vhIle he generally supports the
ordmance, he beheves It IS gOIng "overboard" m prohIbItIng sIttmg on raIlIngs
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:Vlayor O'Connor requested that the record reflect that whIle she generally supports the
ordmance, she belIeves that prohIbItmg slttmg on curbs IS gomg too far
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Councllmemher Femstem requested that the record reflect that \-vhIle he generally supports the
ordmance. he belIeves that prohIbItmg both slttmg on raIlmgs and slttmg on curbs IS gomg too
far
9-A: CO:XSIDERA TION OF AL TERNA TIVES/SITE NAMED FOR FORMER MAYOR
CHRISTINE EMERSON REED Presented was the staff report prov'ldmg alternatIves for a
SIte to be named for Former Mayor Chnstme Emerson Reed
Member of the pubhc Joey Fullmer expressed her concerns
MotIon by Mayor Pro Tern Holbrook. seconded by CouncIlmember Ebner. to mstruct staff to
prepare necessary ImplementatIOn documentatIon to change the name of LIncoln Park to
Chnstme Emerson Reed Park The motion was approved by the follo\\lng vote
Aves
Councllmembers Ebner, Rosenstem, Greenberg. Genser. Femstem.
~1ayor Pro Tern Holbrook. :\-Iayor O'Connor
~one
None
Noes
Absent
On order of the Mayor. the CIty CounCil recessed at 8 45 pm, and reconvened at 9 17 pm. WIth I
all members present
to-A: CONFIRMATION OF ASSESSMENT COSTSIFY 1995-96/Al'~UAL STREET
RESURFACING PROGRAl\'l Presented was the pubhc heanng to receIve pubhc mpm from
affected property owners. and recommendatton to adopt a resolutIOn confinmng the assessment
costs for the FY 1995-96 Annual Street ResurfaCIng Program and Appurtenant \Vork on vanous
CIty streets. IncludIng the assessment of non-profit orgamzattons
On order of the Mayor. the publIc hearmg was opened
Members of the pubhc Mahfour Doss. Nancy Fawzy. Joel McLafferty. LOUIse Taylor. SandIe
RIchards. Beth Leder-Pack. Ira Borbor, Franceye SmIth. and Judy Abdo spoke In protest of theIr
assessments
Member of the publIc Joey Fullmer expressed her concerns
There bemg no other speakers. the Mayor closed the publIc hearmg
DISCUSSion ensued as the concerns expressed by members ofthe communIty relatIve to the
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assessment to non-profits and churches. and about optlOns suggested by members of the publIc,
mcludmg an exemptIOn sImIlar as that of the State to mstItutlons W1th \-"elfare exemptIOns
MotIon by Councllmember Genser. seconded by Councllmember Femstem. to request staff to
return "'.'lth an analysIs of optIOns for easmg the burden for the non-profit commumty. m
partIcular studymg the pOSSIbIlIty of grvmg a reductiOn. stnlllar to the homeowner reductiOn. for
those mstttutlons \"lth \velfare exemptIOns
Motton bv CouncIlmember Greenberg, accepted as fnendly. to amend the mOTIon to ask staff to
provIde an analysts of the number of orgamzatIOns tn thIS assessment dlstnct that fall wlthm the
\'velfare exemptIOn and what the amount \vould be should the assessment be mItIgated or a
blanket \ValVer be authonzed, and to provIde an analYSIS of other cltles \vhlch may have
proVISIOns for hardshIp exemptiOns
The motion. as amended. was approved by the follo''\1ng vote
Ayes
Councllmembers Femstem. Genser, Greenberg, Rosenstem. Ebner.
rvlayor Pro Tern Holbrook. Mayor O'Connor
~one
None
Noes
Absent
13-A: TERRY ANN RETZINGER/PETITION/OPPOSITIO~ TO PROPOSED
STRUCTURE1708 PICO The request of Terry Ann Retzmger to present a petItiOn m
OppOSItIOn to the proposed structure at 708 PICO SIgned by reSIdents of the neIghborhood
surroundmg the project was contmued to the meetIng of June 10. 1997. at the request ofMs
Retzmger
13-B: xlARC D. MISKEY/MUNICIPAL CODE SECTION 6.36 (VENDI~G) The request
of:\trarc D ~Iskey to address CounCIl regardmg the constItutIOnalIty. senSIbIlIty. and
enforcement of MumcIpal Code SectIon 6 36 (Vendmg) \;vas receIved and filed due to the
absence of Mr ~lIskey from the meetmg
14-A: APPOINTMENT/CONVENTION AXD VISITORS Bl:REAL'" Mavor O'Connor
opened the floor to nomlllatlOns to the Conventzon and VlSltors Bureau
Councllmember Rosenstelll1l0mmated
Rodney Punt There bemg no further nomlllatlOns, nommatIons ,,,,ere closed On a call for the
vote. Rodney Punt was appomted to the ConventlOn and Vmtors Bureau for a term endmg June
30.1998
14-8: TRAVEL EXPENSES/SUSTAINABLE l\1UNICIP AL PLANNING/THE OTHER
ECONOMIC SUMMIT Presented was the request of Councllmember F emstem to approve
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travel expenses to speak: on a panel on the subject of "Sustamable MUlllcIpal Plannmg" at "The
Other EconomIc Summit" m Denver, Colorado. from June 19 to June 22, 1997
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:\fIotIOn by Mayor O' Connor. seconded bv CouncIlmember Greenberg, to approve travel
expenses for CouncIlmember Femstem to speak on a panel on the subject of'Sustamable
:\fIumclpal Planmng" at 'The Other EconomIC SummIt"' m Denver, Colorado. from June 19 to
June 22. 1997 The motIOn was unammously approved by VOIce vote
14-C: DISTRIBUTION AND DISCUSSIO~ OF FY 1997-98 BUDGET INFORl\IATIOl'l
\VITH THE PUBLIC/F ARl\:IER'S MARKETS Presented was the request of Councllmember
Femstem for CounCIl to approve dIStrIbutIOn and dIscussIOn ofFY 1997-98 budget mformatIOn
\vlth the publIc, at the Farmer's Markets dUrIng the June 1997 budget dISCUSSIon perIod.
mvolnng staff from the Fmance Department and any Councllmembers who WIsh to attend
MotIon by Councllmember Femstem, seconded by Councllmember Genser. to approve
dIStrIbutIOn and dISCUSSIon ofFY 1997-98 budget mformatIOn \VIth the pubhc, at the Farmer's
Markets dUrIng the June 1997 budget dISCUSSIon perIod. mvolvmg staff from the FInance
Department and any CouncIlmembers who \-Vlsh to attend but who are not a part of the offiCIal
presentatIOn The motIOn was unammously approved by VOIce vote
MotIOn bv Councllmember FemsteIn. seconded bv CouncIlmember Genser. to extend the
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meetmg past 11 00 p ill The motIOn 'vas approved by VOIce vote, CouncIlmember Ebner
opposed
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14-D: ANALYSIS OF Il\IPACTSILIVIXG \VAGE ORDINANCE Presented \\'as the request
of CouncIlmember RosensteIn 'and Mayor O'Connor to dISCUSS dIrectmg staff to analyze the
Impacts of Santa Momca adoptmg a Llvmg Wage Ordmance
:VlotlOn by Councllmember Rosenstem. seconded by Mayor O'Connor, to dIrect staff to analyze
the Impacts of Santa :vIomca adoptIng a LIVIng \Vage Ordmance. SImIlar to that adopted by the
CIty of Los Angeles. and return ,vIth recommendatlOns The motIon was unammously approved
by VOIce vote
15: PUBLIC INPUT Member ofthe publIc Bnan Hutclungs dIscussed the relatIonshIp between
the G- 7 countrIes and the IMF and "'The Other EconomIc Conference ..
16: CLOSED SESSION At 11 10 pill. CounCIl recessed to Closed SeSSIOn
16-A: CLOSED SESSIOX/CO~FERE~CE \VITH LEGAL COUNSEL
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EXlstmg LltlgatIOn CalIfornIa Attorneys for Cnmmal JustIce. McNally. et al v James
Butts. et al . Case No CV 95-8634
ACTION Heard Xo actIOn taken
16-B: CLOSED SESSION/COXFERENCE \VITH LEGAL COl.J~SEL
EXlstmg LmgatIOn CIty of Santa MOllIca v )'1obll 011. Case:\o SC045788
ACTIOK Heard ~o action taken
16-C: CLOSED SESSION/CO~"FEREXCE \VITH LEGAL COUNSEL
AntIcIpated Lmgatlon
Number of cases Two
ACTI01\ Heard No actIOn taken
ADJOURN~tENT At 12 10 am. the meetmg was adjourned m memory of Janet Larkm
ATTEST
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~vlarla yr Ste\vart
Cny Clerk
APPROVED
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Pamela O' Connor
Mayor
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May 27_ 1997