M-2/27/1996
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CITY OF SANTA MONICA
CITY COUNCll.. MINUTES
FEBRUARY 27,1996
A reeular meetmg of the Santa MOnica CItv Councll was called to order bv Mavor Rosenstem at
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6 34 pm, on Tuesday, February 27, 1996, In the Councll Chambers
Roll Call
Present
Mayor Paul Rosenstem
CouncIlmember Judy Abdo
CouncIlmember Ken Genser
Mayor Pro Tempore Asha Greenberg
Councllmember Pamela O'Connor
CouncIlmember Robert T Holbrook
Absent
CouncIlmember Ruth Ebner
Also Present
CIty Manager John JalIlI
CIty Attorney Marsha Jones Moutne
City Clerk Mana M Stewart
Councllmember Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the
Umted States of Amenca
INSPIRA nON A moment of mspIratlOn was prOVIded by the Stnng Quartet from John
Adams MIddle School
Mayor Rosenstem acknowledged the dlfector and members of the Santa Maruca HIgh School
Symphony Orchestra, who were In attendance
5-A: PREPARATION OF ENVIRONMENTAL IMPACT
REPORTIEXPANSION/SUNSET PARK PREFERENTIAL PARKING ZONE ilL"
Presented was the staff report recommendmg authonzatIOn to the City Manager to negotIate and
execute a contract WIth CottonlBelandlAssocuites m the amount of $46,353 for preparatIOn of an
EnvIronmental Impact Report for the expanSIon of the Sunset Park PreferentIal ParkIng Zone
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The Mayor opened the meet1ng for publIc comment
February 27, 1996
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Member of the publ1c Thomas Ehas spoke m support of ImmedIate Implementation of the
proposed preferential parking zone In the 1600 and 1700 blocks of Oak Street Members of the
public Nell Kreputn, Bruce Ettmger. LOUiS Banks, Steve Carrnendy. Wilham Anderson, David
Ralicke. Roger Drrector, Richard Bloom, and Richard Shafer spoke m support of the proposed
preferential parkmg dlstnct
MotIOn by Mayor Pro Tern Greenberg. seconded by Councllmember Genser. to authorIze the
City :~ilanager to negotIate and execute Contract No 7191 (CCS) With Cotton/Beland/Associates
In an amount not to exceed FOrty-SIX Thousand, Three Hundred FIfty-three ($46,353) Dollars for
the preparatIon of an envIronmental Impact report for the proposed expansIOn of the Sunset Park
PreferentIal Parkmg Zone "L," and appropnate $46,353 from General Fund reserves to Account
#01-210-267-00000-5506-00000 The motIon was approved by the followmg vote
Ayes
Counctlmembers Genser. Holbrook, O'Connor, Abdo. Mayor Pro Tern
Greenberg, Mayor Rosenstem
None
CouncIlmember Ebner
Noes
Absent
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
i\1embers of the public Joy Fullmer. Rosano Perry, and John Tomberlm discussed Items on the I
Consent Calendar Motion bv Councllmemher GenseL seconded bv Councllmember Abdo. to
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hear late speakers The motIon was unanImously approved. Councllrnember Ebner absent
Members of the public Bob BadIvan, Ray Ford. and Bob Robert dIscussed Items on the Consent
Calendar Mayor Pro Tern Greenberg requested that Item No 6-G be removed from the Consent
Calendar
Motion by CouncIlfl1~mber O'ConnOL sec01l0ed by Counctlmern,\Jer Abdo. to approve the
Consent Calendar, WIth the exceptlon of Item No 6-G, readmg resolutions by tItle only and
walvmg further readmg thereof The motIon was approved by the followmg vote
Ayes
Councllmembers Abdo, Q!Connor. Holbrook, Genser. Mayor Pro Tern
Greenberg, Mayor Rosenstem
None
Counctlmember Ebner
Noes
Absent
6-A: ORDINANCE/SUBDIVISIONS Ordmance No 1842(CCS) entItled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
VARIOUS SECTIONS OF SANTA MONICA MUNICIPAL CODE CHAPTER 9 20
REGARDING SUBDIVISIONS, II was adopted
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February 27, 1996
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6-B: ORDINANCE REGARDING V ARlANCES/CORRECTlON OF INADVERTENT
OMlSSION Ordmance No 1843(CCS) entItled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9 04 20 10 030 REGARDING VARIANCES, ,. was adopted
6-C: PARKING REGULATIONSffAXICABSrrAXI ZONES Ordmance No 1844(CCS)
entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
Al\1ENDING SMIA MONICA MUNICIPAL CODE SECTION 6 48080 REGARDING
PARKING REGULATIONS FOR TAXICABS," was adopted
6-D: CONTINUING EXISTENCE Of 1\ LOCAL EMERGENCY (JANUARY 1994
EARTHOUAKE DAMAGEl ResolutlOn No 9001(CCS) entItled "A RESOLUTION OF
THE CITY COUNCa OF THE CITY OF SANTA MONICA DECLARING THE
EXISTENCE OF A CON'TINUING LOCAL EMERGENCY," was adopted
6-E: ACCOUNTING ORDER/CENTURY SOUTHWEST CABLE TELEVISION
ResolutIon No 9002(CCS) entItled "A RESOLUTION OF THE CITY COUNCa OF THE
CITY OF SANTA MONICA ADOPTING AN ACCOUNTING ORDER REGARDING
EQLlPJ\1ENT AND INSTALLATION CHARGES OF CENTURY SOUTHWEST CABLE
TELE\t1SION. INC ," was adopted thereby extendmg the tIme for the CIty to reVIew mstallatIon
and eqUlpment charges, and to preserve the CIty'S nght to Issue rate refunds, If the CIty
detenmnes that proposed charges are unreasonable
6-F: FINAL SUBDIVISIONffRACT MAP NO. 51888ffPC-320/519 CALIFORNIA
A VENUE ResolutIon No 9003(CCS) entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION 11AP FOR TRACT NO 51888 AT 519 CALIFORNIA AVENUE," was
adopted thereby approvmg a 14-unIt tenant partICIpatIng converSIOn project at 519 Cabforrua
Avenue
6-8: A \V ARD OF BIDIHAZARDOUS 1\JA TERlALS RESPONSE APPARATUS BId No
2559 was awarded to MUnICIpal ServIces Group, Inc III the amount of $162,830 15 to proVIde
lease/purchase financmg of one (1) hazardous materIals response apparatus for the FIre
Department
6-1: CANCELLATION OF CITY COUNCn.. MEETINGIMARCH 12. 1996 The CIty
CouncIl meetmg of March 12, 1996, was canceled
END OF CONSENT CALENDAR
6-G: AWARD OF CONTRACTIREPLACE PLUMBING/CITY HALLIPOLICE
DEPARTMENT FACILITY Presented was the staff report recommendmg award of contract
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February 27, 1996
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to Tn-Budd Development Corporatlon m the amount of $187,000 to replace p1umbmg in the
CIty Hall/PolIce Department facIlIty Staff answered questlOns of CIty CouncIl relatIve to the
need for ImmedIate replacement of the plumbmg and on the long-term usefulness of the
eqUIpment If a new polIce bUIld10g IS constructed Staff advIsed the matenals could be reused at
the new bUIldmg
Matton by Mayor Pro Tern Greenberg. seconded by CouncIlmernber Genser. to approve
Contract No 7192(CCS) Wlth Tn-BUild Development CorporatIon in the amount of $187.000 to
replace plumb10g m CIty Hall/PolIce Department faCIlIty The motIon was approved by the
followmg vote
Ayes
Councllmembers Abdo, OIConnor. Holbrook, Genser.
Mayor Pro Tern Greenberg
Mayor RosensteIn
None
CouncIlmember Ebner
Absta10
Noes
Absent
7-A: APPEAL/CUP 94-024/REDUCED PARKING PERMIT 94-006/370 SANTA
MONICA PIER (SINBAD'S/CLUB ROUTE 66) General dIscusslOn was held wIth regard to
the appropnateness of certam members partIcIpatmg m delIberations on thIS Item because of I
comments made m pubbc expressmg a VIew on the Item Presented was the appeal ofPlannmg
CommISSIon approval of CondItIonal Use PermIt 94-024 and Reduced Parkmg Perm.lt 94-006,
for a 699-seat restaurant and entertamment establishment at 370 Santa MOnIca PIer
(Smbad's/Club Route 66)
Appellant Jean SedIllos, co-chaIr of CItIzens for a Safe Santa MOnIca spoke m support of the
appeal and urged Council to deny the outdoor stage project Steve Brackett, representmg the
Santa MOnIca PolIce Officers AsSOCIatIon, summanzed the polIce officers' concerns WIth the
appealed proJect
Appltcant Russell Barnard spoke In support of the project as redeSIgned In cooperatIon WIth
appellants. and urged CounCIl to approve the new deSIgn
On order of the Mayor, the pubhc hear10g was opened
Member of the publIc Joy Fullmer expressed her concerns Member of the publtc Jerry Bass
urged CounCIl to remand thIS amended project to the Plannmg CommISSIOn for reVIew and to
gIve the publIc another opporturuty to speak at the Planmng CommISSIOn Members of the
publIc StephanIe Barbanell and DIane SImpson urged CouncIl to reject the rughtclub plan
amendment. expIre the CUP and Reduced Parkmg PermIt, and uphold the PolIce Officers'
AssocIallon appeal to deny the proJect that was before the Plannmg ComnnssIOn Members of I
the publIc Ian Ludwmsk.1, Art CasIllas, and Kelly Olsen spoke 10 support of the appeal Member
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February 27, 1996
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of the publIc Mat MIllen urged Council to consIder the concerns of the pollce depanment and
mclude a reqUlrement that pnvate secunty guards be mandatory for thIS project Members of the
publle Bruce Cameron, Lmda Sulhvan, and MIchael Klem spoke m support of the proposed
proJ eet
There bemg no further speakers. the Mayor closed the pubhc hearmg
Lea Cavanaugh and Steve Brackett, speakmg on behalf of the appellant, presented a rebuttal and
spoke m support of the appeal '
Russell Barnard presented a rebuttal and spoke m support of the project as amended
Council asked questIOns of John Gllchnst, DIrector of the PIer RestoratIOn CorporatIOn, and
staff
Motion by Councilmernber Holbrook seconded bv Councllrnernber Abdo, to extend the term of
the ClJP and Reduced Parkmg permIt, uphold the appeal and approve CUP 94-024 and Reduced
Parkmg Permit 94-006 as redesIgned based on the findmgs and condItiOns outlmed In the report
At the suggestion of Suzanne F nck, Holbrook amended hiS motIOn to delete the
first sentence of Condltlon #18 The amendment was accepted as fnendly
Substitute motIon by Councllmember Genser to uphold the appeal and deny the project The
motIon died for lack of a second
The ongmal motion, as amended, was approved by the follOWIng vote
Ayes
Noes
Absent
Councllmembers Holbrook, OIConnor, Abdo, Mayor RosensteIn
CouncIlmember Genser. Mayor Pro Tern Greenberg
CouncIlmember Ebner
Mayor Pro Tern Greenberg stated, for the record, that she voted IIno" on the above Item because
she does not feel confident that the securIty and safety Issues have been addressed m a
comprehensIve manner
On order of the Mayor the CIty CouncIl recessed at 952 P rn, and reconvened at 10 18 pm.
WIth all members present except CouncIlrnember Ebner
8-A: ORDINANCE/CLARIFICATION AND EXPANDED USES/ASSESSMENTS/
BUSINESS IMPROVEMENT AREA ThIS ordmance was presented for mtroductIon and first
readIng
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On order of the Mayor, the public hearmg was opened
Member of the pubbc Joy Fullmer expressed her concerns Member of the pubhc Ronn PIckard
dIscussed problems WIth the assessment dIstnct structure
There bemg no further speakers, the Mayor closed the pubhc hearmg
MotIon by Mayor Pro Tern Greenberg. seconded by CouncIlmember Abdo, to mtroduce for first
readmg an ordmance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING ORDINANCE NUMBER 1606(CCS) TO CLARIFY AND
EXPAND THE USES OF ASSESSMENTS LEVIED WITHIN A BUSINESS
IMPROVEJ\.1ENT AREA," readmg by ntle only and walvmg further readmg thereof The
motIon was approved by the followmg vote
Ayes
Councllmembers Abdo. O'Connor, Holbrook, Genser,
Mayor Pro Tern Greenberg. Mayor Rosenstem
None
CouncIlmember Ebner
Noes
Absent
9-A: DOWNTOWN URBAN DESIGN PLAN ADVISORY COMMITTEE Mayor I
Rosenstem announced that the floor would conSider nommatIOns of three CouncIlmembers for
the Downtown Urban DeSIgn Plan AdVISOry CommIttee
Mayor Rosenstem, CouncIlmember Holbrook. and
Councllmember Genser The motion dIed for lack of a second
Mohon by Mayor Rosenstem_ seconded by CouncIlmember Abdo, to nomrnate Councllmember
Holbrook Councllmember O'Connor. and Mayor Rosenstem
to
nommate CouncIlmember Holbrook, CouncIlmember O'Connor. and Councdmember Genser
The substitute motIon faIled by the followmg vote
Absent
CouncIlmembers Genser, O'Connor
CouncIlmembers Holbrook, Abdo, Mayor Pro Tern Greenberg,
Mayor Rosenstem
CouncIlmember Ebner
Ayes
Noes
Sl,lbst~tt.Jte motIon by Counctlmember GenseL seconded by CounCllmember OIConnor, to
nommate Mayor Rosenstem, Counctlmember O'Connor. and CouncIlmember Genser The
substItute monon faded by the followmg vote
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Ayes
Noes
CouncIlmembers GenseL orConnor
Councilmembers Holbrook. Abdo. Mayor Pro Tern Greenberg.
Mayor Rosenstem
CouneIlmember Ebner
Absent
The mam motion was approved by the followmg vote
Ayes
CouncIlmembers. Holbrook., OtConnor, Abdo. Mayor Pro Tern
Greenberg, Mayor Rosenstem
Counctlmember Genser
Councdmember Ebner
Noes
Absent
9-B: CLOSED SESSION Held at end of meetmg
13-A: ROSE I. LEVYIFENCE LAWS Presented was the request of Rose I Levy to address
City Councd regardmg fence laws Ms Levy was not present to speak to Couned The
commumcatiOn was received and filed With no formal actIon taken
13-B: RONN S. PICKARD/3RD ANNUAL U. S. CONSTITUTION DAY PARADE
Presented was the request of Ronn S PIckard to address CIty CouncIl requestmg approval to
hold the 3rd Annual U S ConstItutiOn Day parade on Saturday, September 14, 1996 The
commumcatiOn was received and filed
14-A: APPOINTMENTSIBOARDS AND COMl\flSSIONS To be contmued to themeetmg
of March 19, 1996
:Mayor Rosenstem announced, for the record. the followmg changes m Councll haIson
appomtments Councilmember Holbrook wIll no longer be servmg as lIaIson to the LIbrary
Board He IS bemg reappomted as liaIson to the Bayside DIstnct CorporatiOn Mayor Pro Tem
Greenberg Will be servmg as lIaIson to the LIbrary Board, leavmg the BaysIde DIstnct
CorporatIOn
14-B: SANTA MONICA HIGH SCHOOL ORCHESTRAlINTERNATIONAL FESTIVAL
OF YOUTH ORCHESTRAS Presented was the request of Councllmembers Holbrook and
Genser to dISCUSS appropnatmg $5,000 for the Santa MOllica High School Orchestra for travel to
the International FestIval of Youth Orchestras m ValenCia, Spam
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February 27, 1996
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The Mayor opened the meetmg for publIc comment Member of the publIc Margaret Bach. co-
chaIr of the fundraIsmg commIttee for the Santa MOnIca HIgh School Symphony Orchestra.
urged Councll to support the orchestra In Its fundrmsmg efforts to travel to the festIval m Spam
MotIOn by Councllmember GenseL seconded by Councllmember Holbrook. to contribute $5,000
to the Santa MOnIca HIgh School Orchestra for travel to the internatIonal Festtval of Youth
Orchestras In ValencIa.. Spam Second by Councllmember Holbrook The motton was
approved by the followmg vote
Ayes
Councllmembers Abdo, O'Connor, Holbrook, Genser,
Mayor Pro Tern Greenberg, Mayor Rosenstem
None
Councllmember Ebner
Noes
Absent
14-C: LIVING \\IAGE ACT OF 1996 Presented was the request of Mayor RosensteIn to
dISCUSS CounCIl endorsement of the Llvmg Wage Act of 1996
l\lotlon by Mayor RosensteIn. seconded by CouncIlmember Abdo, to endorse the Llvmg Wage I
Act of 1996 The mouon was approved by the folloWIng vote
Aves
Abstam
Noes
Absent
Counctlmembers Genser, Holbrook, O'Connor. Abdo, Mayor Rosenstem
Mayor Pro Tern Greenberg
None
Counctlmember Ebner
15: PUBLIC INPUT There were no speakers present
9-A: CLOSED SESSION At 11 00 pm. Counell adjourned to Closed SesSIOn for the
purpose of conference WIth legal counsel
EXlstmg lIttgatIon
1 Karl Schober v CIty of Santa Momca_ et aI., SuperIor Court Case No SS 005575,
:2 Krantz v. CIty of Santa MOnIca, SuperIor Coun Case No SC 022940,
3 GeorgI BarIsh v. CIty of Santa Momca, Mumclpal Court Case No 94CO 1652,
4 Sea C~tIe Apartments. Ltd. v CIty of Santa Momca. Case No BS 032530,
5 Foodmaker Inc. v. CIty of Santa Montca. et a1.. SuperIor Court Case No SC 040926
Two cases of antICIpated lIt1gatIon
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At 12 05 am, CouncIl reconvened With all members present. except Councllmember Ebner
Mayor RosensteIn announced that no action was taken ill the cases of Schober. Sea Castle
A!lanments, and Foodmaker. Inc., as well as the two cases of antiCipated htIgatIon
to approve Judgement In the
amount of $35,913 96 In the case of Krantz v. CIty of Santa MOnIca The motion was approved
by the followmg vote
Ayes
Councllmembers Abdo, O'Connor. Holbrook, GenseL
Mayor Pro Tern Greenberg, Mayor RosensteIn
None
CouncIlmember Ebner
Noes
Absent
Councllmember Holbrook and Mayor Pro Tern Greenberg were excused 1206 a m
MotIOn by Councllmember O'Connor. seconded by Mayor Rosenste~fl, to approve payment of
bmdmg arbItratlon award In the amount of $17,704 43 In the case of GeorgI BarIsh v CIty of
Santa MOnIca The motIon was approved by the followmg vote
Ayes
:'-Joes
Absent
Councllmembers Abdo, O'Connor, Genser, Mayor Rosenstem
None
Councilmembers Ebner, Holbrook, Mayor Pro Tern Greenberg
ADJOUR.Nl\1ENT At 12 07 am, the meetmg was adjourned to March 19, 1996, at 6 30 P m
ATTEST
APPROVED
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Mana M Stewart
CIty Clerk
Paul Rosenstem
Mayor
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February 27, 1996