M-12/16/1997
348
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 16, 1997
A regular adjourned meetmg of the Santa MOnica CIty CouncIl was called to order by Mayor Holbrook
at 640 p rn, on Tuesday, December 16, ] 997, In the Council Chambers
Roll Call
Present
Absent
Also Present
PLEDGE
COMMENDATIONS
Mayor Robert T. Holbrook
Mayor Pro Tern Pam O'Connor
Councllmember Michael FeInstem
Councllmember Ken Genser
Councllrnember Asha Greenberg
Councllmember Paul Rosenstem
Councllmember Ruth Ebner
City Manager John Jahh
City Attorney Marsha Jones Moutne
City Clerk Marla M Stewart
Councllrnember FeInsteIn led the assemblage In the Pledge of
Allegiance to the Flag of the Umted States of Amenca
Mayor Holbrook presented commendatIOns to DaVid Costello and
Christopher Daugherty_ Drum Majors of the Santa Momca Vlkmg
MarchIng Band
At 6 45 pill, a SpeCial Redevelopment Agency :v1eetmg was convened
Redevelopment Agency
Roll Call Present
Absent
Chalf Robert T Holbrook
Chalf Pro Tern Pam O'Connor
Agency Member Michael Femstem
Agency Member Ken Genser
Agency Member Asha Greenberg
Agency Member Paul Rosenstem
Agency Member Ruth Ebner
December 16, 1997
I
I
I
I
I
I
ANNUAL REPORT
349
Also Present
ExecutIve DIrector John Jahh
Agency Attorney Marsha Jones Moutne
Agency Secretary Mana M Stewart
REDEVELOP:MENT AGENCY ANNUAL REPORT Presented was the
staff report recommendmg approval of the Annual Report for FISCal Year
1996-1997 for the Redevelopment Agency of the City of Santa Momca. and
duecuon to the ExecutIve Duector to transmIt the report to the Controller of
the State of Cahfornla
Member of the pubhc Joey Fullmer expressed her concerns
MotIOn bv Councllmember Rosenstem, seconded bv CouncIlmember
Greenberg. to approve the Annual Report and direct the Executive DIrector
to transmIt the report to the Controller of the State of CalIfornia The
motIOn was approved by the follO\vmg vote
Ayes
Agency Members Rosenstem, Greenberg, Genser, Femstem,
Chair Pro Tern O'Connor. Chau Holbrook
None
Agency Member Ebner
Noes
Absent
At 6 52 pm, the SpeCial Redevelopment Agency Meetmg was adjourned and the CIty Councll Meetmg
was reconvened
APPOINTMENTS TO
BOARDS &
COMMISSIONS
APPOINTMENTS TO THE FOLLOWING BOARDS AND
COMMISSIONS AIrport CommISSIOn (1), CommissIon on the Status of
Women (1), Housmg ComnnsslOn (1). Los Angeles County West Vector
Control (1)
Member of the pubhc Bnan Hutchmgs discussed the Los Angeles County
West Vector Control
The appomtment to the Airport CommissIOn was contmued to the meetmg
of January 13. 1998, as a 5-Item
Mayor Holbrook announced that the floor would consIder nommatIons to
the CommISSIOn on the Status of Women
Mayor Pro Tern O'Connor nom mated Darlene Evans There bemg no other
nommatlOns. nommatlOlls were closed and Darlene Evans was unanImously
appomted, Counctlmember Ebner absent, to the CommissIOn on the Status
of Women for a term expmng June 30. 2001
2
December 16. 1997
APPOINTMENT TO
SOCIAL SERVICES
COMMISSION
APPOINTMENTS TO
PIER RESTORATION
CORPORATION
APPOINTMENT TO
LANDMARKS
COMMISSION
CONSENT CALENDAR
350
Mayor Holbrook announced that the floor would consIder nommatIons to I
the Housmg CommISSIOn
CouncIlmember
. There bemg no other norrnnatlOns,
nommatIOns ,,,ere closed On a call for the vote no one nommee received
the reqUisite maJonty and the appomtment was contInued to the meetmg of
January 13, 1998, as a 5-Item
Mayor Holbrook announced that the floor would consIder nommatlOns to
the Los Angeles County West Vector Control
Motton bv Councllmember Genser. seconded bv Councllmember
- -
Rosenstem, to request staff to readvertIse tills vacancy and reagendize the
appomtment after an appropnate time The motIOn was unarumous1y
approved by VOlce vote. CouncIlmember Ebner absent
SOCIAL SERVICES COM.~ISSION APPOINTMENT The
appomtment to the SOCial Services CommiSSIOn was contmued to the
meetmg of January 13, 1998, as a 5-ltem
PIER RESTORATION CORPORATION APPOINTMENTS
I
Motion bv Council member Genser. seconded bv Mavor Pro Tern
- - -
O'Connor. to contmue the five appomtments to the Pier RestoratIOn
CorporatIOn for two terms explrmg November 8. 1999. and for three terms
expmng November 6, 2000, to the meetmg of January 13, 1998, as a 5-
Item The motIon \vas approved by vOice vote, Councllmember Greenberg
opposed, Councl1member Ebner absent
LANDMARKS COMMISSION APPOINTMENT: The appomtment to
the Landmarks CommiSSIOn was contmued to the meetmg of January B.
1998
The Consent Calendar was presented, whereby allltems are conSidered and
approved m one motIOn unless removed from the calendar for diSCUSSIOn
Members of the pubhc Joey Fullmer and Bnan Hutchmgs addressed Items
on the Consent Calendar
At the request of CounCil member Genser Item No 6-A, the mmutes to be
approved. was removed from the Consent Calendar
..
-'
December 16. 1997
I
I
I
I
LOCAL EMERGE~CY
COMPREHENSIVE
A]\;~TUAL FINANCIAL
REPORT
STA TE~IENT OF
OFFICIAL ACTlO~
502 GEORGINA
MINUTES
ORDlNA:"lCES:
351
MotIOn by Councllmember Greenberg. seconded bv Councllmember
Femstem. to approve the Consent Calendar, with the exceptIOn ofItem No
6-A. readmg resolutIOns and ordmances by title only and walvmg further
readmg thereof The motion was approved by the followmg vote
Ayes
Councllmembers Femstem. Genser, Greenberg, Rosenstem.
Mayor Pro Tem OTonnor. Mayor Holbrook
~one
CouncIlmember Ebner
Koes
Absent
CONTINUING EXISTENCE OF A LOCAL EMERGENCY
(JANUARY 1994 EARTHQUAKE DAMAGE): ResolutIOn No
9228(CCS) entitled '"A RESOLUTION OF THE CITY COlJNCIL OF
THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A
CO-'\TINUlNG LOCAL EMERGE),lCY," was approved
TRANS~IITTAL OF COMPREHENSIVE ANNUAL FINANCIAL
REPORT The ComprehenSive Aunual FmancIal Report for fiscal year
ended June 30, 1997. was receIved and filed
STA TEMEl'IT OF OFFICIAL ACTION FOR 502 GEORGINA
AVENUE The Statement of OffiCial ActIOn for 502 Georgma Avenue was
approved for the appeal of Planmng CommiSSIOn approval of Vestmg
Tentati\'e Parcel Map 24847
END OF CONSENT CALENDAR
APPROVAL OF .MINUTES
MotIOn by Councllmember Genser. seconded by CounCllmember Femstem.
to approve the llllllutes ofthe speCIal City CounCil meetmg of November
II, 1997. and contmue the mmutes of the regular City COUllCl1 meetmg of
November 11. 1997. to the meetmg of January 13, 1998 The motIOn was
unanimously approved by vOice vote. CouncIlmember Ebner absent
INCLUSIONARY INCLL"SIONARY HOUSING PROGRAM IN-LIEU FEES
HOL"SING PROGRAM IN- ORDINANCE AND RESOLUTION: Presented for first readmg and
LIEU FEES mtroductIOn was an ordmance amendmg code sectIOns 9 28.030. 928.050.
928060. and 9 28 070 relatmg to the m-heu fee reqUIrements of the
IncluslOnary Housmg Program. and adoptIOn of a resolution estabhshmg the
mcluslOnary unit base pnce for a moderate mclusIOnary umt
4
December 16, 1997
352
On order of the Mayor, the publIc hearmg was opened
Member of the publIc Joey Fullmer expressed her concerns
Member of the public Ken Kutcher expressed concern 1i'l1th the amount of
the fee and the tImmg language contamed m the draft mtenm ordmance
Member of the public Robert Wright spoke m OppOSItIon to the proposed
ordmance
There bemg no other public speakers, on order of the Mayor. the publIc
hearmg was closed
Motton bv Councl1member Rosenstem, seconded by Councllmember
Greenberg, to mtroduce the proposed ordinance and to adopt the resolutIon
establlshmg the mcluslOnary base pnce for purposes of calculating the In
lieu fee option for moderate-income umts The motIon faIled by the
followmg vote
Ayes.
Noes
Absent
Councllmembers Greenberg, Rosenstem. Mayor Holbrook
CouncIlmembers Feinstein. Genser. Mayor Pro Tern O'Connor
CouncIlmember Ebner
MotIon bv Councilmember Genser. seconded bv Mavor Pro Tern
O'Connor. to request staff to return to CouncIl at Its earliest convemence
\\'Ith varIOus optlOns related to thIS Issue whIch rmght be useful m
addressmg the problems related to the current law that may more broadly
take mto effect havmg an mtenm ordmance that best furthers the goals of
mamtammg and provldmg affordable housmg m the commumty
It was the consensus ofCouncll to contmue thIS Item to later m the meeting
PEDESTRIAN-ORIENTEDPEDESTRIAN-ORIENTED DESIGN STANDARDS ORDINANCE:
DESIGN'STANDARDS Presented for first readmg and mtroductlOn was an ordmance of the CIty
ORDINANCE CounCIl amendmg Section 9 04 02 030 645 and addmg SectIon
9 04 10 02 440 relatmg to pedestnan- onented deSIgn standards and
applymg those deSIgn standards to property developed m the follo\\lng
dlstncts' RVC ReSIdentIal VISItor CommercIal DIStrICt, BCD Broadway
CommercIal Dlstnct, BASCD Bayslde CommercIal DIstrICt, C2 NeIghbor-
hood CommercIal Dlstnct, C3 Downto\\TI CommercIal Dlstnct. C3-C
Do\'mtown Overlay Dlstnct. C4 HIghway Commerclal Dlstnct. C6
CommercIal DIstrict. and the CM Mam Street CommercIal Dlstnct.
5
December 16. 1997
I
I
I
353
I
On order of the Ivlayor, the public heanng was opened
Member of the public Joey Fullmer expressed her concerns
Member of the publIc Robert Wnght urged Council to consider traffic when
consldenng pedestnan fnendlmess
There bemg no other speakers, on order of the Mayor. the publIc heanng
was closed
I
MotlOn by Counc.llmember Rosenstem. seconded by Mayor Pro Tern
O'Connor, to mtroduce for first readmg an ordmance entitled "AN
ORDINAJ\'CE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AME~TIING SECTION 9 04 02 030 645 (DEFINITION OF
PEDESTRIAN ORIENTATION) AND ADDING SECTION
9041002440 OF ARTICLE IX OF THE SANTA MOKICA
MUNICIPAL CODE RELATING TO PEDESTRIAN-ORIENTED
DESIG~ STANDARDS AND APPLYING THOSE DESIGN
STANDARDS TO PROPERTY DEVELOPED ~ THE FOLLOWING
DISTRICTS RVC RESIDENTIAL VISITOR COMMERCIAL DISTRICT,
BCD BROADWAY COMMERCIAL DISTRICT. BASCD BA YSIDE
COMMERCIAL DISTRICT. C2 NEIGHBORHOOD COMMERCIAL
DISTRICT. C3 DO\VNTO\VN COMMERCIAL DISTRICT, C3-C
Do\VNTOWN OVERLAY DISTRICT. C4 HIGHWAY COMMERCIAL
DISTRICT. C6 BDl.-LEV ARD COMMERCIAL DISTRICT AND THE
CM MAIN STREET COMMERCIAL DISTRICT," readmg by title only
and \Valvmg further readmg thereof
MotIon bv Councllmember Genser, accepted as fnendly, to add a sentence
to SectIon 9 04 10 02 440(2) as follows "No more than twenty conunuous
linear feet of any bmldmg frontage shall be opaque .-
I'vlotIOn by Councllmember Genser, accepted as fnendlv, to amend the
motIon that SectIOn 9 04 10 02 440(7)( c) read as follows 'In order to
encourage quality. creatiVIty and compatibilIty. the ArchItectural Review
Board may approve exceptIOns from the reqUIrements of SubsectIOn (a) of
thIS SectIon. accordmg to the procedure for SIgn permIt apphcatIOllS. If all
of the followmg fmdmgs of fact can be made m the affirmatIVe manner ,.
MotIon bv CouncIlmember Femstem, accepted as fnendlv, to amend the
motion to add "communIty, non-commercial bulletm boards" to the hst
mcluded m SectIOn 9041002440(1)
I
6
December 16. 1997
MORA TORIUM ON
SUBDIVISIONS
354
MotIOn bv Councilmember Greenberg. accepted as fnendlv, to amend the
motion that the last sentence of SectIOn 9 04 10 02 440(2) be amended to I
read "~o merchandIse storage shall be allowed m the storefront wmdows
which blocks the View of the mtenor of the bmidmll "
The motIOn. as amended, was approved by the follm.vmg vote.
Ayes
Council members Rosenstem, Greenberg, Genser. Femstem,
Mayor Pro Tern O'Connor. Mayor Holbrook
None
CouncIimember Ebner
Noes
Absent
MORATORIUM ON SUBDIVISIONS Presented for adoptIOn was an
emergency ordmance enactmg a moratonum on subdivisions in the area
bounded by Ocean Avenue. Seventh Street, AdelaIde Dnve. and Montana
Avenue pendmg reVISIOns to the Zorung Ordmance changing the mirumum
lot \vIdth from fifty feet to one hundred feet for a lot wIthm the above-
descnbed area. and declanng the presence of an emergency
Councilmember Genser declared a potential conflict of mterest and recused
himself from deliberations on tills item
Mayor Holbrook declared a potential conflict of mterest and recused I
himself from deliberatIOns on thiS Item
Due to an emergency ordinance requmng five affirmative votes. the Rule of
Necessity was illvoked and as the result of a com toss Councilmember
Genser was deSignated to partiCipate ill thiS matter
On order of the Mayor Pro Tern, the pubhc heanng was opened
:Members of the pubhc Joey Fullmer and Bnan Hutchmgs expressed their
concerns
Members of the public Jerome Prewozmk and Andy Mmtzer spoke m
support of the proposed moratonum
Motion bv Councilmember Rosenstem. seconded by Councilmember
Femstem. to adopt Ordmance No 1892(CCS) entitled "AN INTERIM
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA E~ACTING A MORATORIUM ON SUBDIVISIONS IN THE
AREA BOlliDED BY OCEAN A VE1\flTE, SEVENTH STREET.
ADELAIDE DRIVE, AND MONT ANA AVENUE PEl'.'DING
I
7
December 16. 1997
I
I
I
355
REVISIONS TO THE ZONING ORDINA?\CE CHANGING THE
.tvITNIwfL'M LOT Vv'IDTH FROM FIFTY FEET TO ONE HUNDRED
FEET FOR A.J'f R-I LOT '''lTHIN THE ABOVE-DESCRIBED AREA,
DECLARING THE PRESENCE OF AN EMERGE!\CY," readmg by tItle
only and waIvmg further readmg thereof The motion was approved by the
followmg vote
Ayes
Counctlmembers Femstem, Genser. Greenberg. Rosenstem,
Mayor Pro Tern O'Connor
None
CounCllmember Ebner. Mayor Holbrook
Noes
Absent
On order of the Mayor. the CIty CouncIl recessed at 9 10 p.m, and
reconvened at 9 44 pm. \vlth Councllmember Ebner absent
OFF-LEASH DOG AREAS OFF-LEASH DOG AREAS REPORT Presented was the staff report
REPORT relatmg to off-leash dog areas and additIOnal enforcement needs cItywide.
and recommendmg dlIectlOn to staff to construct recommended deSign
features at Joslyn and Pacific Street Parks and InitIate changes to off-leash
area operatIOns. enforcement and maIntenance, mcludmg an appropnatlOn
of$13.934 for the pilot ofT-leash momtonng program at Joslyn Park
On order of the Mayor. the public heanng was opened
Members of the public Perry Bullmgton. James Kelley, Randy MartIn.
QUinn Kelley, Mark Miller. Lmda Wilson. and Susan 'Nl1Ite spoke m
oppOSItion to Joslyn Park beIng utilIzed as a dog park
~Iembers of the public Andrea VonBargen. Sean Butler. Rockl Pedersen,
Richard Valez. lvhamon Miller. jennifer Uematsu. NICOle MarOIS, and
Charles Janosik discussed the pOSItive aspects of dog parks
Members ofthe public ChriS Pelham. Martha Adams, Peter TIgler. and
John Krueger spoke m support of the staffrecommendatlOn
Members of the public Jessica Lundy. DanIelle Gershberg. Ann ShameL
Chns Cuddehy, Lisa Udelson, Beth Locker. Bob Locker, Mel Donaldson.
and Stuart T empkm spoke m support of Joslyn Park bemg used as a dog
park
Member of the public Jenmfer Walsh spoke In support of the staff
recommendatIOn and urged CounCIl to seek other appropnate SItes for dog
parks
8
December 16, 1997
356
MotIOn bv Councllmember Greenberg. seconded by Mayor Pro Tem
O'Connor, to contmue the meetIng past 11 00 p m The motion was I
unammously approved by VOIce vote, CouncIimember Ebner absent.
Member of the public Tara Day discussed the posItIve aspects of dog parks
Member of the public StephanIe Speliopoulos spoke III support of the staff
recommendation
Member ofthe public James Marcotte spoke m support of Joslyn Park
bemg used as a dog park.
Member of the public Robert Wright spoke m OpposItIOn to Joslyn Park
bemg used as a dog park
There bemg no other speakers. on order of the Mayor. the public heanng
was closed
Motion by CouncIlmember Greenberg. seconded by CouncIimember
Rosemtem. to contmue the remaInder oftlus Item to the meetmg of January
13, 1998. as a 5-Item The motIon was approved by VOIce vote.
CouncIimember Genser opposed, CouncIlmember Ebner absent
I
INCLUSIONARY INCLlJSIONARY HOUSING PROGRAM IN-LIEU FEES
HOUSING PROGRAM IN- ORDINANCE AND RESOLUTION (Resumed):
LIEU FEES (RESUMED)
CIty Clerk Stev,,-art revIewed the motion as follows to request staffto
return to CounCIl at Its earlIest convemence WIth varIOus optIOns related to
tills Issue WhIch rmght be useful m addressmg the problems related to the
current law that may more broadly take mto effect havmg an lIltenm
ordmance that best furthers the goals of mamtammg and provldmg
affordable housmg m the communIty The motIOn was unanImously
approved by VOlce vote. CouncIlmember Ebner absent
HOMELESS SERVICES HOMELESS SERVICES The request of Jennafer Waggoner and DavId
Bush to address the CIty Council regardmg homelessness III Santa MOllIca
was contmued to the meetmg of January 13, 1998.
AMNESTY FOR
PARKING METER
VIOLATIONS DURING
HOLInA Y SEASON
CONSIDERATION OF AMNESTY FOR PARKING METER
VIOLATIONS DURING THE HOLIDAY SEASON. Presented was the
request of Mayor Holbrook to conSIder amnesty for parking meter
VIOlatIOns dunng the holIday season, from December 19-26, 1997.
mc1uding the three-hour parkmg 111mt at Santa MOnIca Place.
9
December 16. 1997
I
I
I
I
Counctlmember Rosenstem
was excused at 11 16 pm
Counctlmember Greenberg
was excused at 11 20 P m
ISDN PHONE LINES
357
Member of the public Darnel Ehrler spoke m support of the proposed
amnesty
1kmbers of the publIc Ryan Flegal, Jennafer Waggoner. Shawn McDougaL
Apnl Cox. and Jenrnfer Casey urged Council to extend the amnesty to
homeless mdlVlduals
DISCUSSIOn ensued among CIty Councllmembers regardmg the process,
effects and tImeliness There was no fornml actIOn taken
INSTALLATION A:'olD OPERATION OF ISDN PHONE LINES IN
COUNCIL CHAMBERS AND AT THE KEN EDWARDS CENTER
MotIon bv CouncIlmember Femstem. seconded bv Councllmember Genser.
- -
to duect the questlons of how the vanous technologies can be used to make
the publIc meetmgs more accessIble to the TelecommunIcatIOns Workmg
Group. "vhich "viII return WIth this informatlon as part of its expected report
m February relatmg to the TelecommunIcatIOns Plan
The Mayor adVised that the speakers requestmg to speak on thiS Item were
the same speakers that spoke regardmg homeless serVIces earlIer and that
homeless servICes was not the matter at hand He further adVIsed that
speakers mSlstmg on speaklllg regardmg homeless servIces would be
mterrupted
Member of the public Jennafer Waggoner expressed her concerns regardmg
homelessness and homeless serVIces
Counctlmember Genser was The City Clerk noted that upon the absence of CouncIl member Genser and
excused at 11 50 pm Mayor Pro Tern O'Connor. there \vas no longer a quorum present
Mayor Pro Tem 0 'Connor The Cny Clerk further adVised that due to the lack of quorum, the followmg
)\'Os excused at 11 50 p m Items were contlllued to January 13, 1998, and the Council meetmg was
hereby adJourned
Jfayor Holbrook ll'as excused
at 11 51 pm
~lISREPRESENT AnON
OF RESIDENCY
The request of Councllmember Greenberg to dIrect staff to re\'lew the
possibIlity of enactmg an ordmance that would make It unla",ful for any
person to WIlfully mIsrepresent theu resldence or clrcumstances regardlllg
their reSIdency on any form submnted to the Clty of Santa MOlllca, the
Santa MOlllca-Mahbu VllIfied School Dlstnct and the Santa MOllica
Community College Dlstnct
10
December 16. 1997
PUBLIC INPUT
CLOSED SESSIONS
ADJOUR~MENT
358
PUBLIC INPUT Canceled due to a lack of quorum
CLOSED SESSIONS Cancelled due to a lack of quorum
Conference With Legal Counsel David M Rosman v. Citv of Santa
Momca. Case No 5S 007045
Conference With Legal Counsel Jerry M Rubin v City of Santa Moruca.
Case No SS CV 97-8786
Conference With Legal Counsel Mobil. Inc. v City of Santa Moruca, Case
;..[0 SC 778141
Due to a lack of quorum, the City Clerk adjourned the meetmg at
Il'51pm
ATTEST
.~~~~
Mana M. Stewart
City Clerk
APPROVED
4~-F/~~Z-Y-..
Robert T. Holbrook
Mayor
11
December 16. 1997
I
I
I