M-2/13/1996
108
CITY OF SANTA 110NICA
CITY COUNCIL lHNUTES
FEBRUARY 13. 1996
A regular meetmg of the Santa MOllica CIty CouncIl was called to order by Mayor Rosenstem
at 635 pm. on Tuesday, February 13. 1996. III the CouncIl Chambers
Roll Call
Present
Mayor Paul Rosenstem
Councllmember Judy Abdo
Councllmember Ken Genser
Mayor Pro Tempore Asha Greenberg
CouncIlmember Ruth Ebner
CouncIlmember Pamela 0' Connor
Councllmember Robert T Holbrook
Also Present
CIty Manager John JahlI
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
INSPIRATION A moment of mSplratlOn was provIded by Santa MOllica HIgh School cast
members of "A Ralsm In the Sun .,
6. CONSENT CALENDAR The Consent Calendar was presented. whereby a111tems 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 Councllmember
Holbrook requested that Item No 6-0 be removed from the Consent Calendar
MotIon by Mayor Pro Tern Greenberg. seconded by CouncIlmember Abdo, to approve the
Consent Calendar, WIth the exceptIOn of Item No.6-G. readmg resolutIons by tItle only and
WaIVIng further readmg thereof The motIOn was approved by the follOWIng vote
Ayes
Councllmembers Genser, Holbrook. Ebner, O'Connor. Abdo. Mayor
Pro Tern Greenberg, Mayor Rosenstem
None
None
Noes
Absent
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6-A: l\flNUTES APPROV AT, The CIty Council mmutes of January 23 and 30. 1996. were
approved as submitted
6-B: TIME PERIOD RESTRICTION ON CERTAIN ACTMTIES OF FORMER CITY
OFFICIALS Ordmance No 1838 (CCS) entItled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIP AL CODE SECTION 2 08 040 REGARDING RESTRICTIONS ON ACTIVITIES
OF FORMER CITY OFFIC1I\LS," was adopted on second readmg
6-C: MODIFICATION OF DENSITY ST ANDARDIR2B ZONING DISTRICT Ordmance
No 1839 (CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
904 08 62 060 TO MODIFY THE DENSITY STANDARD IN THE R2B ZONING
DISTRICT," was adopted on second readmg
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHOUAKE DAMAGE) Resoluuon No 8996 (CCS) entItled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE
EXISTENCE OF A CONTINUING LOCAL EMERGENCY." was adopted
6-E: AUTHORIZATION FOR CITY MANAGER TO ACT ON BEHALF OF CITY/
FEDERALLY FUNDED HIGHWAY PROGRAMS/INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT OF 199. Resolution No 8997 (CCS) entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF SANTA
MONICA ON ALL MATTERS ASSOCIATED WITH THE ADMINISTRATION AND
IMPLEMENTATION OF THE VARIOUS FEDERALLY FUNDED IDGHW A Y PROGRAMS
OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991,11 was
adopted
6-F: AWARD OF CONTRACT/STEINY AND COMPANY !TRAFFIC SIGNAL
MODIFICATIONS ContractNo 7186 (CCS) was awarded to Stemy and Company, Inc m
the amount of $165,061 for traffic signal modIficatIOns at the mtersecUons of 4th Street and
Broadway, and 4th Street and PICO Boulevard
6-B: REDUEST THAT COUNTY OF LOS ANGELES DESIGNATE PACIFIC COAST
REGIONAL SMALL BUSINESS DEVELOPMENT CORPORATION AS AUTHORIZED
LENDER/SMALL BUSINESS LOANS The City Manager was authonzed to request that the
County of Los Angeles deSignate PaCific Coast RegIOnal Small Busmess Development
Corporation as an authonzed lender to make small busmess loans m Santa Momca, as reqUIred
under the provlSlon of the EconomiC Development Adnull1stratlon (EDA) grant
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February 13, 1996
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6-1: APPOINTMENT OF BILL SELBYffASK FORCE ON THE ENVIRONMENT The
City Manager was authorIzed to appomt Bdl Selby to the CIty's Task Force on the Envlfonment
6-J: ALTERNATE ROUTE/PIER RESTORATION CORPORA TIQN MARDI GRAS
CELEBRATION PARADE An alternate route was approved for the Pier Restoration
CorporatIon's MardI Gras Celebration parade scheduled for February 16. 1996
END OF CONSENT CALEI\TDAR
6-G: CONTRACT WITH COTTON/BELAND/ASSOCIATESIPREPARATION OF
EIRIEXP ANSION OF SUNSET PARK PREFERENTIAL PARKING ~ONE ttL"
Presented was the staff report reeommendmg authonzatlOn for the CIty Manager to negotIate
and execute a contract With CottonIBeland/Assoc]ates m the amount of $46.353 for the
preparation of an Env]ronmental Impact Report for the expanSIOn of the Sunset Park PreferentIal
Parkmg Zone "L " CounCil asked questions of staff DISCUSSion ensued as to the need to spend
funds for the contract as It ]s understood that there ]S a parking problem that needs resolution
MotIon bv Councllmember Holbrook. seconded by Councilmember Ebner, that the staff
recommendatIOn not be approved
Substitute motIOn by Councllmember GenseL seconded by CouncIlmember O'Connor to approve
the staff recommendatIon The motIon. which aetlOn reqUIres five (5) affirmatIve votes. faded
by the followmg vote
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Ayes
Noes
Absent
Councllmembers Genser. O'Connor, Abdo, Mayor Pro Tern Greenberg
CouncIlmembers Holbrook, Ebner, Mayor Rosenstem
None
Substitute motIOn bv Mavor Pro Tern Greenbenz.. seconded bv Councdmember Ebner. to
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conSIder havmg preferentIal parking on the one street that has been dIscussed. and thereafter
diSCUSS WIth the Santa MOllica CIty College the necessIty for an envIronmental report for the
entIre d]stnct DISCUSSIon ensued as to the resulting overflow of parkmg mto adjacent streets IT
only one street IS deSignated for the preferentIal parkmg, and the effects on aU reSidents III the
college area. and on the eventual need to assess the area as one project Mayor Pro Tern
Greenberg Withdrew her motJon. WIth agreement by the seconder.
The main motIon was back on the floor Substitute motIon by Councilmember Genser, to
continue thiS matter to the next meetIng and dIrect staff to notIfy affected residents of
continuance so they may come and speak before Council :
second D]scusslon ensued on the cost of the study and the legal reqUIrements for an
environmental report
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February 13, 1996
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SubstIIDte motIon bv Counc]lmember Abdo, seconded by Mliyor Rosenstem, to contmue thIs
matter for two weeks to allow staff time to provIde addmonal mformatIOn to CouncIlmembers
The motIon was approved, WIth Counctlmember Ebner abstammg
Mot]on by Counctlmember GenseL seconded by Councllmemt>er Abdo, to direct staff to notify
affected reSidents of contmuance so they may have an opportumty to speak before CouncIl The
motion was approved by the followmg vote
Ayes
Councdmembers Genser, O'Connor, Abdo, Mayor Pro Tern Greenberg.
Mayor Rosenstem
Counctlmembers Holbrook. Ebner
None
Noes
Absent
7-A: APPEAL/PLANNING COMMISSION APPROV ALNTPM NO. 24346/1011 11 TB
STREET Presented was the appeal of Planmng CommissIon approval of vestmg tentative
Parcel Map No 24346 for property located at 1011 ] lth Street to permit the merger of two
eXlstmg parcels and subdiViSion of the new parcel mto three aIr space lots, and an ordmance for
mtroductIon and first readmg amendmg vanous sections of Santa Momca Mumclpal Code
Chapter 9 20 regardmg subdIVISiOns Staff presented the Planmng CommISSiOn's approval and
the Issues at hand
On order of the Mayor, the public heanng was opened WIlliam Teachworth. appellant.
presented hIS appeal for Councll consIderatiOn Chns Hardmg, representIng the applIcant.
dIscussed the project Councl] asked questIons of Mr Hardmg Member of the publIc Joy
Fullmer expressed her concerns On order of the Mayor. the pubhc heanng was closed
Motion by Councllmember Abdo. seconded by CouncIlmember Holbrook, to rntroduce for first
readmg an ordmance enutled "AN ORDINANCE OF TIfE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING VARIOUS SECTIONS OF SANTA MONICA
:MlJNICIPAL CODE CHAPTER 9 20 REGARDING SUBDMSIONS," readmg by title only
and waIvmg further readmg thereof, WhICh would, conSistent With the Planmng CommISSiOn
recommendatIOn, reVIse the SubdiVISIon Ordmance to clarify that the CIty IS authonzed to
approve air space subdIVISIOns The motIon was approved by the followmg vote
Ayes
Councdmembers Abdo. OIConnor, Ebner, Holbrook, Genser, Mayor Pro
T ern Greenberg, Mayor Rosenstem
None
None
Noes
Absent
MotIOn by Councl]member Abdo. seconded by Councdmember Holbrook to deny the appeal
and approve the declSlon of the Planmng CommISSIon The motIOn was approved by the
followmg vote
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February 13, 1996
Ayes
Abstam
Noes
Absent
111
CouncIlmembers Abdo. O'Connor. Holbrook, Genser. Mayor Pro Tern
Greenberg, Mayor Rosenstem
Councllmember Ebner
None
None
MotIOn by Mayor Pro Tern Greenberg:. seconded by CouncIlmember Ebner, to ask staff to
review relevant portIOns of the MUnIcipal Code pertammg to appeals and to return WIth a report
as to whether or not the appeal process should be restrIcted to the projects bemg considered
DISCUSSIOn was held The moUon was approved by the followmg vote
Ayes
Noes
Absent
CouncIlmembers Ebner, Holbrook, Mayor Pro Tern Greenberg. Mayor
Rosenstem
Councllmembers Abdo, Genser. QlConnor
None
The Mayor announced that the next matter to be conSidered would be Item No 8-A which m
turn Will be combmed WIth Item No 9-A
8-A: BA YSIDE DISTRICT SPECIFIC PLAN Presented were ordmances for second readmg
and adopl1on amendmg the OffiCial Dlstnctmg Map to estabhsh the Bayslde CommercIal
Dlstnct III portlOns of the eXlstmg C3 and C3C DIstricts, and, addmg SectIon 90402030 142 to
the Santa MOllica MUnICipal Code estabhshmg a defimtlOn for bIllIard parlors, amendmg ZOnIng
Ordmance Section 9 04 08 20 060 regardmg the C3C downtown overlay dIstrIct property
development standards. addmg 9 04 08 15 estabhshmg zOnIng standards for the Bayslde
Commercial Dlstnct and amendmg Mumclpal Code SectIon 9 52 170 regardmg slgnage
standards III the Bayslde DIstriCt SpeCific Plan Area
The Mayor mtroduced thiS matter by advlsmg that generally a second readmg IS a routme matter,
however. the purpose of a second readmg IS to give CouncIl the opportumty to conSider whether
there are any other thoughts about the Item The Mayor explamed that If Councd makes any
changes to the SpecIfic Plan or the ordmances mtroduced at the last meenng, then they would
become a new first readmg and a new second readmg would be conducted at the next meetmg
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DISCUSSIon was held relaTIve to the number of restaurant and alcohol outlets stIll avadable under
the old plan and the addITIonal number proVided for m the new plan and pOSSibly reducing the
total number, on reopenmg the matter of food courts for dlSCUSSlOn and pOSSible adjustments, on
eXlstmg commercIal uses of the dlstnct. and, on placmg caps on the number of restaurant and
alcoholoutIets
Matton by Councllmember Abdo_ seconded by Councllmember Genser, to adopt Ordmance No
1840 (CCS) entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I
SANT A MONICA AMENDING THE OFFICIAL DISTRICTING MAP TO EST..<\BLISH THE
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February 13. 1996
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BAYSIDE COMlVlERCIAL DISTRICT IN PORTIONS OF THE EXISTING C3 AND C3C
DISTRICTS.'- readmg by tltle only and walvmg further readmg thereof
SubstItute motion by CouncIlmember Holbrook. seconded by CQllncIlmember Ebner. to allow
the redIstnbutlon of unused restaurant and lIquor lIcenses accordmg to the numbers proposed by
the Planmng CmrumssIOn while mamtammg the current cap on the number of outlets After
further dIScussIon, Counctlmember Holbrook withdrew hIS motIon
The motIOn to adopt the ordmance on second readmg was approved by the followmg vote
Ayes
Counctlmembers Genser, Ho]brook, O'Connor, Abdo, Mayor Pro Tern
Greenberg, Mayor Rosenstem
Counctlmember Ebner
None
Noes
Absent
Motlon by Councllmember Abdo. :;econded bv Councllmember Genser, to adopt Ordmance No
]84] (CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING ORDINANCE SECTION 9 04 02030 ]42 ESTABLISIDNG A
DEFIJ\lTION FOR BILLIARD PARLORS. AMENDING ZONING ORDINANCE SECTION
9 04 08 20 060 REGARDING THE C3-C DOWNTOWN OVERLAY DISTRICT PROPERTY
DEVELOPMENT STANDARDS, ADDING PART 90408 15 ESTABLISHING ZONING
ST A!\I'DARDS FOR THE BA YSIDE COMMERCIAL DISTRICT, AND AMENDING
MLl'HCIPAL CODE SECTION 952170 REGARDING SIGNAGE STANDARDS IN THE
BA YSIDE DISTRICT SPECIFIC PLAN AREA, II readmg by tItle only and walvmg further
readmg thereof The motIOn was approved by the followmg vote
Ayes
Noes
Absent
CouncIlmembers Genser. O'Connor, Abdo. Mayor Rosenstem
CouncIlmembers Holbrook, Ebner, Mayor Pro Tern Greenberg
None
Motion bv CouncIlmember Abdo. seconded bv Mavor Rosenstem, to ask staff to return WIth
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optIons addressmg at least the addmonal restaurant Issue, the food court Issue, and the Issue of
ground floor retatl and commercIal, and whether caps on alcohol and restaurant outlets should be
block-by-block or dIstnct-wlde, after talkmg WIth Bayslde DIstnct representatives MotIon was
unanImously approved by vOIce vote, WIth all Councl]members present
9-A: DOWNTOWN URBAN DESIGN PLAN ADVISORY COMMITTEE The
recommendatlon to select three CouncIlmembers for the Downtown Urban DeSIgn Plan
AdVISOry CommIttee was presented
MotIon by CouncIlmember Abdo. seconded by CouncIlmember Ho]brook to select Mayor
Rosenstem, CouncIlmember Ho]brook, and Councllmember Genser to serve on the Downtown
Urban DeSIgn Plan Adv1sory CommIttee DISCUSSion was held
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February 13. 1996
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Substitute motIon by CouncIlmember Ebner. seconded by Mayor Pro Tern Gr~enberg, to select
CouncIlmember O'Connor, Councdmember Holbrook and Mayor Rosenstem to particIpate In
the commIttee DISCUSSIon was held The substItute motlOn faded by the followmg vote
Ayes
Abstam
Noes
Absent
Councdmembers Ebner, Holbrook. Mayor Pro Tern Greenberg
Councllmember O'Connor
Councdmembers Abdo, Genser. Mayor Rosenstem
None
The ongmal motIon faIled by the followmg vote
Ayes
Noes
Absent
CouncIlmernbers Abdo, Holbrook, Mayor Rosenstem
CouncIlmembers O'Connor, Ebner, Genser. Mayor Pro Tern Greenberg
None
The above Item was contmued to the meetmg of February 20, 1996
On order of the Mayor, the CIty CouncIl recessed at 8 35 P m and reconvened at 9 00 pm. WIth
all members present
8-B: ORDINANCE REGARDING V ARIANCES/CORRECTION OF INADVERTENT
OMISSION ThIS ordmance was presented for mtroductlon and first readmg
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On order of the Mayor, the publIc heanng was open for thlS matter Member of the publIc Joy
Fullmer expressed her concerns There bemg no other speakers, the Mayor closed the publIc
heanng
MotIOn bv CouncIlmember Genser. seconded bv CouncIlrnember Abdo. to Introduce for first
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readmg an ordmance 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 V ARlANCES, II readIng by tItle only and waIvmg further readIng
thereof The motIon was approved by the followmg vote
Ayes
Noes
Absent
CouncIlmembers Genser, Holbrook, Ebner, O'Connor, Abdo, Mayor Pro
Greenberg, Mayor RosensteIn
None
None
8-C: PARKING REGULATIONSffAXICABSIIAXI ZONES ThIS ordmance was
presented for mtroductIOn and first readmg
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February 13, 1996
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On order of the Mayor. the public hearmg was open for thIs matter Member of the public Joy
Fullmer expressed her concerns Member of the publIc Ron Cano dIscussed actIOns bemg taken
by the Bayslde DIstrIct, through an ad hoc commIttee, In dealIng WIth problems WIth taxIcabs
and made suggestIons There bemg no other speakers, the Mayor closed the public heanng
DIScussion was held
Motion bv Mayor Pro Tern Greenb~r~L seconded by CouncIlmember Ebnt;:r. to mtroduce for first
readmg an ordmance entItled "A.l\J ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAl"'IT A MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIOK
648080 REGARDING PARKING REGULATIONS FOR TAXICABS." readmg by tltle only
and WaiVIng further readIng thereof The motIon was approved by the follOWIng vote
Ayes
CouncIlmembers Abdo. O'Connor. Ebner. Holbrook, GenseL Mayor Pro
Tern Greenberg, Mayor RosensteIn
None
None
Noes
Absent
MotIon by Mayor Pro Tern Greenberg. seconded by CouncIlmernber Ebner, to dIrect staff to
mstall mtenm taxI zones m the ThIrd Street Promenade area. takmg mto account CouncIl
dlscusslOn thIS evemng and the concerns expressed DIscussIOn was held
SubstItute motIon by CouncdJllernber GenseL seconded by CouncIlmember Abdo, to ask staff to
return With an analYSIS of the varIOUS optJons for meeung the need of taxI zones DIscussIOn was
held The substItute motIon faded by the follOWIng vote
Ayes
Noes
Councllmembers Abdo, Holbrook, Genser
CouncIlmernbers O'Connor, Ebner, Mayor Pro Tern Greenberg. Mayor
Rosenstelll
None
Absent
The mam motIOn was approved by the followmg vote
Ayes
CouncIlmembers Abdo, O'Connor, Ebner. Genser. Mayor Pro Tern
Greenberg, Mayor Rosenstem
Councdmember Holbrook
None
Noes
Absent
Councrlmember Holbrook stated, for the record, that the reason he voted agamst thIS motIon was
because he does not know how many interun taxI zones WIll be Installed and, as It 15 hIS
understandmg, that up to fourteen or seventeen more have been authonzed
9-B: CLOSED SESSION To be held at end of meetmg
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February 13, 1996
115
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Items lO-A and lO-A-l were dIscussed and acted upon concurrently
10-A: ESTABLISHMENT OF ASSESSMENT DISTRICT/CONSTRUCTION AND
REPAIR OF GUTTERS AND SIDEWALKSIRESURFACING STREETS!lMPROVING
ALLEYS/COMPLETING APPURTENANT WORK The publIc heanng to establIsh an
assessment dlstnct for construction and reparr of damaged concrete gutters and sidewalks, for
resurfacmg streets. ImproVIng alleys and for completmg the appurtenant work at vanous cny
streets, adoptlOn of a resolution estabhslung the assessment dlstnct, and. the recommendatIOn to
amend ResolutiOn of IntentlOn No ~(CCS) to allow commercial and mdustnal property
owners to pay for their assessment on l~tallments was presented before Council
10-1\-1: AWARD OF CONTRACT/ANNUAL STREET IMPll.OVEMENT PROGRAM
Presented was the award of contract to Los Angeles Engmeenng. Inc m the amount of
$1.961,85950 to perform the annual street Improvement program and miscellaneous paVIng
work. authonze the Clty Manager to negotiate and execute a contract WIth CM! Engmeenng
Consultants In an amount not to exceed $112,000 for construction management services dunng
the street resurfacmg work, and. approve account budgets
Councllmember Abdo adVised of a pOSSible conflict of Interest relative to thIS Item and was
excused at 10 05 P m
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Staff presented the matter and adVised that the City has received sixteen protests and mqumes to
thiS recommended actIon summarized as follows twelve from members or representatIves of
relIgIOUS mstltutIons protestmg because of costs and because of the fact that churches have a
very small budget and are unable to pay for the proposed assessments, two protests deal With
dIfferences of opInIOn as to whether the constructIon should be concrete or asphalt. one
protestmg the cost of the project, one protest which was resolved, and. one protest from the Post
Office contendmg that as an agency of the federal government they are not subject to any taxes
or assessments by the City and a resultant opmlOn by the CIty Attorneis office concurrIng With
the protest of the Post Office CouncIl asked questIons of staff
On order of the Mayor, the publIc hearmg was open for thiS matter Members of the publIc
Franceye SmIth, Beth Leder-Pack. and Sandy RIchards requested hardshIp accommodatIons be
made for non-profit organizatIOns and churches Member of the publIc Joel McLafferty spoke ill
OppOSItion to the establIshment of an assessment distrIct as the repairs are unnecessary There
bemg no other speakers, the Mayor closed the publIc heanng
CouncIl asked questIOns of staff and diSCUSSIon ensued as to the CIty's legal lImItations ill
creatmg an exemption for non-profits and/or relIgIOUS mstltutlons
MallOn by Counctlmember GenseL seconded by Councllmember O'Connor, to adopt ResolutIOn I
No 8998 (CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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February 13, 1996
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SMIA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS. ALLEY
IMPROVEIv1ENTS, STREET RESURFACING, SIDEWALKS, DRIVEWAYS AND CURB
REP AIRS. AND THE REMOVAL OF DAMAGED PAVEMENT IN P ARKW A Y AREAS
AND APPURTENANT WORK, IN CONJUNCTION WITH THE FY 1995-96 STREET
RESURFACING PROGRAM AS SET FORTH IN RESOLUTION OF INTENTION NUlvlBER
8945 (CC5)," estabhshmg the assessment distrIct, readmg by title only and WaIvmg further
readmg thereof, and amend the Resolution of IntentIon No ~ (CCS) to allow commercial
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and mdustnal property owners to pay for theIr assessment on mstallments, to award Contract
No 7187 (CCS) to perform the annual street Improvement program and miscellaneous pavmg
work to Los Angeles Engmeenng, Inc , the lowest responsible bidder, m the amount of
$1.961.85950, authonze the CIty Manager to negotIate and execute Contract No 7188 (CCS)
WIth CM! Engmeermg Consultants for constructIon management services dunng the street
resurfacmg work m an amount not to exceed $112,000, authonze the CIty Engmeer to Issue any
necessary change orders to complete additIonal work m conformance WIth the AdmmlstratIve
InstructIons on change orders. and approve account budgets as mdlcated m Attachments A and B
of the staff report for each account The motIon was approved by the followmg vote
"-yes
Counctlmembers OIConnor, Ebner. Holbrook. Genser, Mayor Pro Tern
Greenberg, Mayor Rosenstem
None
Counctlmember Abdo
Noes
Absent
Motion bv Councllmember Genser. seconded bv Councllmember O'Connor. to ask staff to
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analyze optIons for reducmg the fmanclal burden on publIc benefit. non-profit orgamzanons and
rehglOus mStltutlOns and report back to CounCIL as qUIckly as pOSSible Such measures might
mclude. but are not lImned to, placmg lIens on the property In heu of payment, extended
payment optIons, and other alternatIve methods offmancmg The motIOn was approved by the
followmg vote
Ayes
Abstam
Noes
Absent
Councllmembers O'Connor, Holbrook, Genser, Mayor Rosenstem
Mayor Pro Tern Greenberg
Councllmember Ebner
Councllmember Abdo
CounclImember Ebner stated. for the record, that she has a concern WIth the CIty gettmg
mvolved WIth the church and, even though she has no problem helpmg people and msututlons
finance loans, the Issue of mlxmg church and state IS an InVitatIon to problems
CouncIlmember Abdo returned to the dlas at I I 00 P m
M0110n by Councllmember Holbrook. seconded by Mayor Pro Tern Greenberg to extend the
meetmg to Mldmght
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February 13, 1996
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Substitute motion bv CouncIlmember GenseL seconded bv CouncIlmember Abdo. to contInue
the meetmg to hear -any Items for whIch members of the publIc are present. act on the resIgnatIOn
Items. Item No 14-G, hold the Closed SeSSIOn, WIth the stIpulatIon that the meetmg not go later
than MIdnIght, and contInue any other Items to the meetIng of February 20th The motIOn was
unanImously approved by VOIce vote, WIth all members present
13-A: JAMES R. DOKNICIOUS DOGS Member of the publIc James R Dok was not m
attendance to address CouncIl regardmg Santa MOnIca MUlllcIpal Code SectIon 4 04 410,
VICIOUS Dogs Member of the publIc Jane Dempsey requested the removal of any reference to
speclf'ic breed(s) and "dangerous dogstl In the MumcIpal Code, conSistent With SB428
MotIon bv CouncIlmember Genser. seconded bv Mavor Pro Tern Greenben!. to refer thIS Issue
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to staff for theIr analYSIS and request that they report back m a manner they deem to be most
appropnate The motIOn was unammously approved by VOIce vote, WIth all members present
13-B: KATE WECHSLERlTENANT PARKING AND ISSUES Member of the publIc Kate
Wechsler addressed CouncIl regardmg amendmg a section of the Zomng OrdInance relatIve to
the usage of tenant parkIng In apartment buIldmgs and regardmg other tenant-related Issues
SpeCIfically, Ms Wechsler reported that her landlord had always proVIded a parkmg space for
each tenant. but that as of January I. 1996, the landlord had notIfied tenants that they no longer
had access to the parkmg lot unless they paId a monthly fee for use of the parkmg space Ms
Wechsler adVIsed that the tenants of the bUIldmg, Includmg her. felt thIS was an Improper actIOn
on part of the landlord and sought some type of enforcement rehef CouncIl asked questIons of
Ms Wechsler Member of the publIc Lance Carlson dIscussed the problems of parkIng and
other tenant-related Issues assocIated With hIS apartment
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MotIOn bv Councllmember Genser. seconded bv Councllmember Abdo. to dIrect staff to analyze
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the Issues of the use of the parkIng lots for other than on-SIte buIldIng reSIdent parkmg, potentIal
abuse of late fee charges by the landlord claImIng the rent payment was not received on tIme,
enforcement of eXistIng ordInances and potentIal for addItIonal legIslatIon, and, JUrISdICtIOn
Issues of the Rent Board_ that thIS matter return as a "5" Item at a future date to be detemuned
The motion was unanImously approved by VOIce vote, WIth all members present
14-A: APPOINTMENTSIBOARDS AND COM:MISSIONS The appoIntments of members
to Boards and CommIssIOns was contInued to the meetIng of February 20, 1996
14-B: AMI;ND:MENT OF PROPOSITION R IMPLEMENTING ORDINANCE The
request of Counctlmember Holbrook to dISCUSS dIrectIng staff to amend the ProposItIon R
ImplementIng ordmance to allow In heu fees for offslte affordable housmg umts was contmued
to the meetIng of February 20, 1996
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February 13, 1996
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14-C: UNL~ WFUL DETAINER ACTION Presented was the request of Mayor Pro Tern
Greenberg to dISCUSS dIrectmg staff to mvesllgate authonzmg the CIty Attorney to bnng
unlav.ful detamer acllon agaInst tenants who are engagmg m Illegal drug or gang actIVItIes
Member of the publtc Irma Vargas, representmg the Apamnent ASSOCIatIon of Greater Los
Angeles, spoke m support of a partnershIp between the police department and the landlord
workmg m cooperatlon to deal WIth thIS problem
Monon by M&yor Pro Tern Greenberg. seconded by CouncIlmember Ebner. to dIrect staff to
mvestigate any optIons avaIlable to expedIte the eVIctIon of tenants who are engagmg ill Illegal
drug actIVIty or other types of cnmmal vlOlent aCtiVItIes
The motIon was unamffiously approved by vOIce vote. WIth all members present
14-0: LETTER OF RESIGNATIONIMAJlTINN SHIRJ(ISOClAL SERVICES
COl\tThlISSION
Motion bv Councllmember Abdo. seconded bv Councilmemher Genser, to accept WIth regrets
the letter of resIgnatIOn from MarIlyn J Slurk of the SOCIal ServIces CommIssIon and authonze
the City Clerk to publIsh a Notlce of Vacancy The motIon was unanImously approved by vOIce
vote. WIth all members present
14-E: LETTER OF RESIGNA TION/PHYLLIS WHITE/COMMISSION ON OLDER
AMERICANS
Motion by CouncIlmernber Abdo_ seconded bv Mayor Pro Tern Greenberg. to accept WIth
regrets the letter of reslgnatlon from PhyllIs S WhIte of the COmrnISSlOn on Older Amencans
and authOrIze the CIty Clerk to publIsh a Notlce of Vacancy The motIon was unammously
approved by VOIce vote, WIth all members present
14-F: DEMOLITION OF VACANT BUILDINGS The request of Mayor Pro Tern
Greenberg to dISCUSS the number of vacant bUIldIngs m the CIty and the CIty'S polICIes regardIng
demolmon of those buIldIngs was contInued to February 20, 1996
15: PUBLIC INPUT There were no speakers
9-A: CLOSED SESSION At 11 35 PM, CounCIl adjourned to Closed SeSSiOn for the
purpose of conference WIth legal counsel
EXIstmg lItIgatIon
1 Krantz v. CIty of Santa Momca, Supenor Court Case No SC 022940,
2 Sea Castle AoartmenK Ltd. v. Cltv of Santa Momca, Case No BS 032530,
3 Sharon Azna1y-Carr v. CIty of Santa MOnIca. SuperIor Court Case No SC 33592, and
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February 13, 1996
119
4
Jeffrey Bnan Dolan v. CIty of Santa MOnIca, Federal Court Case No CV 95-7394
One case of antIcIpated lItIgatIon
Pubhc Employee EvaluatIOn
TItle CIty Attorney
At 12 05 a Ill. the CIty CouncIl reconvened wIth all members present
Mayor RosensteIn announced that no actIon was taken In the cases of Krantz and Sea Castle
Apartments
MotIOn bv Mavor Pro Tern Greenbem. seconded bv Councllmr:mber Ebner, to award settlement
- - - ~
In the case of Sharon Aznaly-Carr v CIty of Santa MOnIca In the amount of $25.000 The
motIon was approved by the followmg vote
Ayes
Counctlmembers Genser, Holbrook. Ebner, O'Connor. Abdo, Mayor Pro
T em Greenberg. Mayor RosensteIn
None
None
Noes
Absent
Motton by Councllmember Holbrook. seconded by Mayor Pro Tern Greenberg., to award
settlement In the case of Jeffrey Bnan Dolan v CIty of Santa MOnIca In the amount of $40,000
The motIon was approved by the followmg vote
Ayes
Councl1members Genser. Holbrook. Ebner, O'Connor. Abdo. Mayor Pro
Tern Greenberg, Mayor Rosenstem
None
None
Noes
Absent
WIth regard to the one case of antIcIpated lItIgatIOn, motIOn by Counctlmember Ebner. seconded
by CouncIlmember Holbrook, to award settlement to Harry Shearer WhICh would allow Mr
Shearer to keep hIS satellIte dIsh as long as he waIves claIm to any attorney fees or other
compensatIOn from the CIty The motIon was approved by the followmg vote
Ayes
CouncIlrnembers Holbrook. Ebner, Mayor Pro Tern Greenberg, Mayor
RosensteIn
Counctlmembers Genser. O'Connor, Abdo
None
Noes
Absent
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February 13. 1996
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CouncIlmembers Abdo and Genser wished the record to reflect that they voted agamst thiS
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motlOn because they beheve the CounCil IS neglecnng Its oblIgatlon to the neighbors and
aUowmg an mappropnate condlllon to exist
14-G: COMPENSATION ADJUSTMENTS/CITY MANAGER/CITY ATTORNEY
Presented was the request of Mayor RosensteIn to approve compensatlon adjustments for the
Cny Manager and City Attorney In order to prOVide standard cost of hvmg Increases as provided
to other employees, effective July 1, 1995
MotlOn by Mayor RosensteIn. seconded by CouncIlmember Holbrook that the employment
agreements for the City Manager and the City Attorney be amended With Contract Nos 7189
(CCS) and 7190 (CC5). respectIvely, to prOVide the standard cost of lIVIng mcrease proVided to
other CIty employees, effectlve July 1, 1995, and effectIve July 1 each year thereafter The
motlOD was approved by the followmg vote
Ayes
Counctlmembers Genser, Holbrook, Ebner, O'Connor, Abdo, Mayor Pro
Tern Greenberg, Mayor Rosenstem
None
None
Noes
Absent
ADJOURNl\oIENT At 12 10 am, the meetlng was adjourned to February 20. 1996, at 6 30
pm
ATTEST
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Mana M Stewan
CIty Clerk
Paul Rosenstem
Mayor
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February 13, 1996