M-3/19/1996
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 19, 1996
A regular adjourned meetmg of the Santa Moruca CIty CouncIl was called to order by Mayor
Rosenstem at 6 39 pm, on Tuesday, March 19, 1996, m the CouncIl Chambers
Roll Call
Present
Mayor Paul Rosenstem
Mayor Pro Tern Asha Greenberg
CouncIlmember Judy Abdo
CouncIlmember Ruth Ebner
CouncIlmember Ken Genser
CouncIlmember Pamela O'Connor (amved at 6 52
pm)
Absent
CouncIlmember Robert T Holbrook
Also Present
CIty Manager John Jahh
City Attorney Marsha Jones Moutne
CIty Clerk Mana M Stewart
Councllmember Ebner led the assemblage m the Pledge of AllegIance to the Flag of the Umted
States of Amenca
IN SPIRA TION A moment of mspIratIon was proVIded by AurelIa Flammg and Hilary
BIenstock, PoetrylNarratIve EdItors of The Pen Pusher magazme, Santa Moruca HIgh School
6. CONSENT CALENDAR The Consent Calendar was presented. whereby all Items are
consIdered and approved m one motIon unless removed from the calendar for dIScussIon
Member of the publIc Joy Fullmer dIscussed Items on the Consent Calendar Mayor Pro Tem
Greenberg and CouncIlmember Genser requested that Item No 6-E be removed from the
Consent Calendar due to traffic Issues, concerns WIth the SIZe of the feStiVItIes at the college,
staff partIcIpatIOn, estImated costs for pohce servIces, and clanficatlon of the date of the event
MotIon bv Mavor Pro Tern Greenberg_ seconded bv Counci~member Genser. to approve the
Consent Calendar. WIth the exceptIon of Item No 6-E, readmg resolutIons by tItle only and
waIvmg further readmg thereof The motIon was approved by the followmg vote
Ayes
CouncIlmembers Genser, Ebner. Abdo, Mayor Pro Tern Greenberg,
Mayor Rosenstem
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March 19, 1996
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J\l 0 es
Absent
None
CouncIlmembers Holbrook, O'Connor
6-A: MINUTES APPROVAL The CIty CouncIl minutes of February 13 and 20. 1996, were
approved as submItted
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHOUAKE DAMAGE) ResolutIon No 9004(CCS) enutled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE
EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted
6-C: FINAL TRACT MAP NO. 51098ffPC-197/1144 ST;\NFORD STREET ResolutIon
No 9005(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANT A MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION i'v1AP FOR
TR.A..CT NO 51098 AT 1144 STANFORD STREET,'I was adopted thereby approvmg a 9-umt
tenant-partIcIpating converSIOn project at 1144 Stanford Street
6-D: AMENDMENT TO AGREEl\1ENTIKPMG PEAT MARWICKlAUDIT SERVICES
Contract No 5732(CC5) was approved WIth KPMG Peat MarwIck to proVide two addItional
years of audIt servIces at specIfied pnces
El'\TI OF CONSENT CALEl\UAR
6-E: 4TH OF JULY FESTIVITIES DISCUSSIon was held With regard to the staff
recommendatIon that Councd endorse a co-sponsorshIp of Santa Momca College's June 29,
1996_ fireworks celebratIOn and 4th of July commumty event ill PalIsades Park and authonzatIon
for staff to proceed WIth event plannmg and preparatIon There was dIscussIon relatIve to
secunty problems In the past when the 4th of July fireworks celebratIon was promoted as a
regIOnal event WhICh resulted In extremely large. and at tImes unruly crowds WIth not enough
polIce secunty There was also dIscussIOn regardmg the pOSSIbilIty of holdmg a fireworks
celebratIon on the 4th of July, WIth promotion only WIthm the commumty
Councllmember O'Connor arrIved at 6 52 P m
MotIOn by Councdmember GenseL secondeo by Mayor Pro Tem Greenberg. to approve co-
sponsorshIp of Santa Momca College's fireworks celebratIon, WIth staff to proceed as descnbed
In the staff report With the modIficatIon that concerns raIsed tlus evemng relatIve to promotIng
thIS event as a commUnIty event only, and not as a regIOnal event be taken mto consIderatIon
The motion was approved by the followmg vote
Ayes
CouncIlmembers Genser, Ebner, O'Connor, Abdo, Mayor Pro Tern
Greenberg
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March 19, 1996
Noes
Abstam
Absent
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None
Mayor Rosenstem
CouncIlmember Holbrook
MotIon by CouncIlmember GenseL seconded by CouncIlmember Abdo, to schedule a heanng at
the next converuent meetmg on handlmg the July 4th celebratIon In the beach pomon of the
CIty. WhICh could mclude fireworks and the commumty event
SubstItute motIon bv CouncIlmember Ebner. second bv Mavor Pro Tern Greenberg:. that the
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issue of handlIng the July 4th celebratIon In the beach area be returned as an mformatIon Item
only and approve the staff recommendatIon regardmg the productIon of an afternoon comrnurnty
event 10 Pahsades Park on July 4, 1996 The substItute motIon faIled by the followmg vote
Ayes
Noes
Absent
Councilmember Ebner, Mayor Pro Tern Greenberg. Mayor Rosenstem
Councllmembers Genser. O'Connor. Abdo
CouncIlmernber Holbrook
The ongmal motIon failed by the followmg vote
Ayes
Noes
Absent
Councrlrnembers Genser. O'Connor, Abdo
Councllrnember Ebner. Mayor Pro Tern Greenberg, Mayor Rosenstem
Councllrnember Holbrook
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7-.4..: APPEAL/PLANNING COMMISSION APPROVAUCUP 95-007/DESIGN
MODIFICATIONIMODIFIED FEES/CONDOMINIUMS/1043-104511TH STREET The
appeal of Plannmg CommISSIOn approval of Condmonal Use Perrmt 95-007 requestJ.ng deSIgn
modificatIOn and modIfied fees for a five-urnt resIdentIal condornmmm project at 1043-1045
11 th Street was contmued to the rneetmg of May 14, 1996, at the request of the apphcant
8-A: CLAR,IFICA nON AND EXPANDED USES/ASSESSMENTSIBUSINESS
IMPROVEMENT AREA The ordmance was presented for adoptIon
Motlon by Councllmember Abdo. seconded by Mayor Pro Tern Greenberg:, to adopt Ordmance
No 1845(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANT A MONICA AMENDING ORDINANCE NUMBER 1606(CCS) TO CLARIFY AND
EXP AND THE USES OF ASSESSMENTS LEVIED WITHIN A BUSINESS
IMPROVEMENT AREA, II reading by tItle only and waJ.vmg further readmg thereof The
moUon was approved by the followmg vote
Ayes
Noes
Councllrnembers Abdo, O'Connor, Ebner. Genser, Mayor Pro Tern
Greenberg, Mayor Rosenstem
None
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March 19, 1996
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Absent
Councllmember Holbrook
8-B: PREFERENTIAL PARKING ZONE HH Councllmember Genser advIsed of a
potentIal conflIct of mterest relatIve to thIS Issue and was excused at 7 16 P m
Presented was an ordmance for mtroductIon and first readmg to establIsh Preferential Parkmg
Zone HH m the area bounded by AdelaIde Dnve, 7th Street, San Vicente Boulevard and Ocean
A venue and the recommendatIon that the negatIve declaratIon be approved
On order of the Mayor, the publIc hearmg was opened for tlus matter Member of the publIc Joy
Fullmer expressed her concerns Members of the publIc JacqUle Banks and Schumarry Tsou
spoke In support of the proposed parkmg zone There bemg no other speakers. the Mayor closed
the publIc heanng
~10tlOn bv Mayor Pro Tern Greenberg:. seconded bv Councllmember Ebner. to approve the
negatIve declaratIon The motIon was approved by the follOWIng vote
Ayes
Councllmembers Ebner, OtConnor, Abdo, Mayor Pro Tern Greenberg,
Mayor RosensteIn
None
Councllmembers Genser, Holbrook
Noes
Absent
Motion bv Mavor Pro Tern Greenbem. seconded bv Councllmember Ebner. to mtroduce for first
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readmg an ordInance entItled "AN ORDINANCE OF THE CITY COUNCil.. OF THE CITY
OF S -\..?>.JT A MONICA ADDING SECTION 3 08 460 TO THE SANTA MONICA
1.11.., TNICIP AL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE HH, It readmg by
tItle only and waIvmg further readmg thereof The motIon was approved by the following vote
Ayes
Councllmembers Ebner, O'Connor, Abdo, Mayor Pro Tern Greenberg,
Mayor Rosenstem
None
CouncIlmembers Gensel. Holbrook
Noes
Absent
Councllmember Genser returned to the dlas at 720 P m
9-A: DEMOLITION/SEA CASTLE APARTMENTS Presented was the staff report
recommendmg adoptIon of a resolutIon declarmg that an emergency eXISts WIth respect to the
propeny located at 1725 The Promenade (Sea Castle Apanments). requestmg authonzanon for
the expenditure of funds to enforce NUIsance Abatement Board actIons to abate the rmmment
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March 19, 1996
141
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threat to publIc safety. and authonzatIon for the CIty Manager to negotIate and execute a
contract With Ground Zero DemolItion and EnvIronmental Engmeenng Company and related
finns. m the amount of $692,353, for the demolItion, secunty. aIr quality momtormg. and
project management for the project
On order of the Mayor, the publIc heanng was opened for thts matter Member of the publIc Joy
Fullmer expressed her concerns Member of the publIc Peter Gelblum, legal counsel for the
owner of the Sea Castle. spoke In support of the demolinon of the property, however, requested
an analysIs of the proposed costs pnor to approval of the contract and took exceptiOn to certam
contract stIpulatIons Member of the publIc Jerry Bass spoke m support of the staff
recommendation There bemg no other speakers, the Mayor closed the publIc hearmg
CouncIl asked questIOns of staff and dISCUSSiOn ensued Staff adVised that negOtIatIOns WIth
Ground Zero DemolItIon were not finalIzed, and therefore staff was amendmg the
recommendatlOn to authonze the CIty Manager to enter mto a contract WIth Ground Zero
Demolmon and EnVIronmental Engmeenng Company to read mstead "RecommendatIon to
authonze the Cay Manager to negotiate and execute a contract WIth an (uns!lecIfied) demolItIOn
comoanv
Motion by Mayor Pro Tem Greenberg:. seconded by CouncIlmember Abdo. to adopt ResolutIon I
No 9006(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SA....NTA MONICA DECLARING THAT AN EMERGENCY EXISTS WITH RESPECT TO
THE PROPERTY AT 1725 THE PROMENADE," readmg by title only and waIvmg further
readmg thereof The motIon was approved by the followmg vote
Ayes
Councllmembers Abdo, O'Connor, Ebner, Genser, Mayor Pro Tem
Greenberg,MayorRosenst~n
None
Councllmember Holbrook
Noes
Absent
Motton bv Mavor Pro Tern Greenberg. seconded bv Councllmember Abdo. to authonze the
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expendIture of CDBG (Emergency Supplemental or MERL) or Redevelopment funds as set forth
above to perform the reqUIred NUIsance Abatement Board orders from February 9, 1996 for the
Sea Castle Apartments at 1725 The Promenade. mcludmg secunty, enVironmental morutonng,
demolItIon and project management The motIon was approved by the fol1owmg vote
Ayes
Councdmembers Abdo, O'Connor, Ebner, Genser, Mayor Pro Tern
Greenberg, Mayor Rosenstem
None
Councdmember Holbrook
Noes
Absent
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Motion by Mayor Pro Tern Greenberg:. seconded by CouncIlmember Abdo, to Walve the
competItIve bId process for selectmg fIrms associated WIth these actIons, mcludmg securIty, au
qualny mOnltonng, demolmon and project management The motIOn was approved by the
follo\vmg vote
Ayes
CouncIlmembers Abdo, O'Connor, Ebner, Genser, Mayor Pro Tern
Greenberg, Mayor Rosenstem
None
CouncIlmember Holbrook
Noes
Absent
MotIon by Mayor Pro Tern Greenberg, seconded by Counctlmember Ebner. to authorIZe the CIty
Manager to negotiate and execute a contract wIth a demolitIOn company and an envIronmental
engmeenng company and related firms m the amount of $692,353 for the demohtIon, secunty,
au quality mOnltonng, and proJect management for the proJect The motIon was approved by
the followmg vote
Aves
Councllmembers Abdo, O'Connor, Ebner. Genser, Mayor Pro Tem
Greenberg, Mayor Rosenstem
None
Councllmember Holbrook
Noes
Absent
9-8: CLOSED SESSION Held at the end of meetmg
10-A: SPECIAL ASSESS:MENT/SEA CASTLE APARTMENTS The publIc hearmg to
hear protests or obJectIOns, If any, by property owner of Sea Castle Apartinents (1725 The
Promenade) regardmg the placement of a speCIal assessment on the premises for the cost of the
abatement of a pubhc nUisance, adoptIOn of a resolutIOn of confirmatIon affinmng the speCIal
assessment on the property, and, authOrIZatIon to staff to fIle a Notice of LIen With the Los
Angeles County Recorder and the Los Angeles County Assessor for collectton of the speCial
assessment was heard before Council
On order of the Mayor, the pubhc heanng was opened for thts matter Member of the pubhc Joy
Fullmer expressed her concerns Member of the publIc Jerry Bass spoke ill support of the
speCIal assessment Member of the publIc Peter Gelblum, legal counsel for the owner of the Sea
Castle property, requested a continuance of thIS Item to allow hIm tIme to reVIew the breakdown
of the costs proposed There bemg no other speakers, the Mayor closed the pubhc heanng
Motion by Mayor Pro Tern Greenberg:. seconded by Councilmember Genser, to conunue the
dISCUSSIon portIOn of thiS Item to the meetmg of March 26, 1996 The motIon was unanImously
approved with Counctlmember Holbrook absent
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March 19, 1996
143 I
On order of the Mayor the CIty CouncIl recessed at 8 25 P ill _ and reconvened at 8 49 pm. with
all members present except Councllmember Holbrook
13-A: MEL GREENSTEIN/SALE OF BUSINESSES/ACE JEWELRY &
LOA),;/ANGELO'S PAWN SHOP Members of the publIc Mel Greenstem and Angelo
GarzIen addressed CouncIl regardmg current laws Impedmg the sale of theIr bus messes, Ace
Jewelry & Loan and Angelo's Pawn Shop, respectively, whIch stipulate that pawnshop owners
be selected from a preestablIshed waitmg hst CouncIl asked questIons ofMr Greenstem and
rv1r Garzlen
Motion by Mayor Pro Tern Greenberg, seconded by CouncIlmember Gens~r, to direct staff to
reVIew the Issues raIsed and return to CouncIl wIth a report and recommendatIOns on pOSSIble
solutIons The motIon was unammously approved WIth Councilmember Holbrook absent
13-B: DERRELL TIDWELL/GALEN GARYfPAY TELEPHONESfRESIDENTIAL
AREAS Member of the publIc Galen Gary addressed CouncIl regardmg the enactment of
legIslatIOn to prohIbIt busmesses from placmg pay telephones on reSIdentIal streets or near
reSidentIal property, speCIfically cItmg a pay telephone whIch was mstalled three feet from thelf
dnveway and the resultmg problems they have suffered
MotIon bv CouncIlmember GenseL seconded bv Mayor Pro Tern Greenberg, to direct staff to I
reVIew current law and return as soon as pOSSible With any pOSSIble amendments to the law
Motion bv Mayor Pro Tern Greenberg to amend the motIOn to explore the POSSIbIlIty of
c1assIfymg thIS pay telephone as a publIc nUIsance 10 order to accelerate the process The motlon
was accepted as fnendly and carned unanImously WIth CouncIlmember Holbrook absent
13-C: T Al\1AR HURWITZIRAINFOREST ACTION NETWORK/SUPPORT OF
COASTAL RAINFORESTS IN BRITISH COLUMBIA Member of the publIc Tamar
HUrwItz. RaInforest ActIOn Network. dIscussed the destructIon of the anCIent ramforests III
BmIsh ColumbIa and asked the CIty CouncIl to adopt a non-bmdmg resolutIon that would
reqUIre companIes to adopt ecological procurement pohcles
Motion by CouncIlmernber GenseL seconded by Mayor RosensteIn, to dlfect staff to prepare a
SUItable resolutIon to present to CouncIl for adoptIOn at the meetIng of March 26, 1996, If
pOSSIble The motion was unanImously approved With CouncIlmember Holbrook absent
14-A: APPOINTMENTSIBOARDS AND COMMISSIONS Mayor Rosenstem announced
that the floor would conSIder nomInations to the Personnel Board. .....
Russell Barnard Mayor Pro Tern Greenberg nommated WIlham Coleman Councllmember
Genser nomInated Laune O'Neal There bemg no further nOmInatIons. nommatIOns were closed
On a call for the vote, no one nommee receIVed the requITed four votes Councllmember Genser
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subsequently changed hIS vote and Russell Barnard was appomted to the Personnel Board for a
full term endmg June 30. 2000
There bemg no obJectlOns, the appomtment to the Housmg CommIssIOn was contmued to the
meetmg of March 26, 1996
14-B: RECONSIDERA TIONIREST AURANT/ENTERT AINJ\iIENT
EST ABLISHMENT/370 SANTA MONICA PIER Presented was the request of
CouncIlmember Genser to reconsIder the Council actIon on the appeal of PlannIng CommIssIOn
approval of CondItIonal Use PermIt 94-024 and Reduced Parkmg PermIt 94-006. for a 699-seat
restaurant and entertamment establIshment at 370 Santa MOnIca PIer (Smbad's/Club Route 66),
In hght of potential conflict of Interest by one of the votIng CouncIlmembers QuestlOns and
general dIScussIon ensued WIth regard to the dIfferences between quasI-JudICIal and legIslatlve
endeavors by CouncIl
Member of the publIc Kelly Olsen discussed mtegnty and publIc trust as well as the Imponance
of elected offiCIals actmg JUdICIously and aVOIdIng the appearance of conflIct of mterest, and
encouraged CouncIl to reconsider thIS Item
DIscusslOn was held WIth regard to the hIstOry and background of the project along WIth a bnef
outlme of the sIgmficant changes of the project between the Planmng CommIssIOn heanngs and
the CIty CouncIl hearmgs The offiCial CIty VIdeo tape of the testImony by Mayor Rosenstem at
the Planmng CommISSIon meetIng m questIon was shown and dISCUSSion ensued
l'vlotlOn by . seconded by Mayor Pro Tem Greenberg. to ask staff to look at
a polIcy statement that could be formulated for mclusIOn m CounCIl rules addressmg the specIfic
Issues of quasI-JudICIal heanngs The motIon was unarnmously approved WIth CouncIlmember
Holbrook absent
to contmue tlus
Item to see whether the fourth member of the CounCIL who IS elIgible to make the motIon to
reconsider. might be wIllmg to do so The motlOn faded by the followmg vote
Aves
Noes
Absent
CouncIlmembers O'Connor. Ebner, Genser
CouncIlmernber Abdo. Mayor Pro Tern Greenberg, Mayor Rosenstem
Councdmember Holbrook
15: PUBLIC INPUT Member of the publIc John Jurenka complaIned about polIce vehIcles
parkmg In the CIty Hall parkmg lot
9-A: CLOSED SESSION At 10 15 pm, CouncIl adjourned to Closed SesSIOn for the
purpose of conference WIth legal counsel
EXIstmg ImgatIon
1 Kelley v. CITY Of Santa MOfilca. LASC Case No SC031054,
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2
People et al v Seacastie et aI., LASC Case No 55 006484.
HarvIlle v Milton. et at, LASC Case No SC 022 835 consolIdated WIth SC 031853.
McNall v v Cltv of Santa MOnIca. USDC Case No CV 95-8634 ER
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No actIOn taken
ADJOURN1\1ENT At 10 30 pm, the meeung was adjourned m memory of Sydney Bmstock.
MIke Demeo. Jack L Hone, DIana Mann, MIchael Rubm, Walter WIewIOra, Arthur Kuehl, the
children gunned down m Dunblane. Scotland. and the people kIlled by terronsts m Israel
ATTEST
APPROVED
h\-~_?:--w. ~
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]\-1ana 1\1 Stewart
Cltv Clerk
Paul Rosenstem
Mayor
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March 19, 1996
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