M-11/7/1995
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 7,1995
An adjourned regular rneetmg of the Santa ~fomca Cay CouncIl was called to order by Mayor
Rosenstem at 639 PM, on Tuesday, N"ovember 7, 1995, ill the CouncIl Chambers
Roll Call
Present
Mayor Paul Rosensteill
Mayor Pro Tempore Asha Greenberg
CouncIlmember Judy Abdo
Councllmember Ken Genser
Counctlmember Ruth Ebner
CouncIlmember Robert T Holbrook
Councllmember Pamela O'Connor
Also Present CIty Attorney Marsha Jones Moutne
CIty Clerk Mana;V1 Stewart
Councllmember Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the Umted
States of Amenca
6. CONSENT CALENDAR Presented was the Consent Calendar, whereby all Items are
conSIdered and approved m one motIon unless removed from the calendar for dISCUSSIOn Members
of the pubhc Joseph Baruch. Joy Fullmer, VIrgmm Ernst. JIm Donaldson, and Donna \Vestbrook
dIscussed Items on the Consent Calendar CounCllmember Holbrook requested that Item 6-D be
pulled from the Consent Calendar COlmcllmember Genser requested that Items 6-1 and 6-K be
pulled from the Consent Calendar CouncIlmember O'Connor moved to approve the Consent
Calendar. WIth the excepuon of Item Nos 6-D, 6-1 and 6-K readmg resolutIOns and ordmances by
tJtle only and WaLvmg further readmg thereof Second by CouncIlmember Ebner The motIon was
approved by the followmg vote
CounCIl vote AffirmatIve Councllmembers GenseL Greenberg, Holbrook, Ebner, O'Connor,
Abdo, Mayor Rosenstem
NegatIve None
6-A: ~IINUTES APPROVAL The CIty CounCil mmutes of October 10 and 17, 1995, were
approved as submitted
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6-B: INDUSTRIAL \VASTE\VATER CONTROL Ordmance No 1825(CCS) enutled "AN I
ORDIXAKCE OF THE CITY COU'\CIL OF THE CITY OF SANTA MONICA AJ'vlENDING
CHAPTER 520 OF TIIE SANTA MONICA 1\t1U:'{[CIP AL CODE CONCERNING INDUSTRIAL
\VASTE\VATER CONTROL," was adopted
6-C: DEFIl\'lTIONS/ADJUSTl\'lENTS Ordmance No 1826(CCS} entltled "AN ORDINANCE
OF THE CITY COlJNCIL OF THE CITY OF SAi'-.'TA MONICA A1\1ENDING ZONING
ORDINANCE SECTION 9 04 02 030 REGA.RDING DEFINITIONS, AND SECTION
9 04 20 34 030 REGARDING ADJUSnviENTS," was adopted as amended
6-E: CONTIl\"UlNG EXISTENCE OF A LOCAL El\tIERGENCY Resolution No 8949(CCS)
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA1'JT A MONICA
DECLARING THE EXISTENCE OF A CONTINUING LOCAL E11ERGENCY," was adopted
6-F: NE\V CLASSIFICATIONS/SALARY RATES ResolutlOn No 8950(CCS) entltled "A
RESOLuTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NE\V CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
GRAFFITI REMOVAL TECHNICIAN. RESOURCE EFFICIENCY INSPECTOR,
ENVIRO)n\.1ENTAL OUTREACH SPECIALIST, FIRE SAFETY COORDINATOR, SENIOR
CIVIL ENGINEER, MAINTENANCE MANAGE11ENT ANALYST, ADrvIINISTRATIVE
SERVICES OFFICER - EARTHQUAKE RECOVERY ADMINISTRATOR AND
STOR.l\1WATER :t\1ANAGEMENT PROGR.i\;.\,f COORDINATOR," and ResolutlOll No
8951(CCS) entttled "A RESOLUTION OF THE CITY COl..!?\CIL OF THE CITY OF SANTA
rvl0NICA i\DOPTll-\G SALARY RATES FOR THE NE\V CLASSIFICATIONS OF vIDEO
INTERN, VIDEO TECHNICIAN I AND VIDEO TECID\ICIAN II," were adopted
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6-G: A~IEND)tIENT TO CONTRACT/PERS ResolutlOll No 8952(CCS) entltled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING
ITS INTE:r-rrION TO APPROVE AN MfENTI11Ei'-rT TO THE CONTRACT BETWEEN THE
BOARD OF ADJ\UNISTRATION OF THE PlJBLIC EMPLOYEES' RETIRENIENT SYSTEM
AJ\.1) THE CITY OF SANTA MONICA. I' was adopted, thereby amendmg the contract to provlde
SectlOn 21382 4 Thlrd Level of 1959 Survlvor Benefits pursuant to ArtIcle 6 (commencmg wlth
SectlOn 21380) for local pollce members only, and settlllg a pubhc heanng on November 14, 1995
to approve the amendment
6-8: A'VARD OF CONTRACTffRAFFIC SIGNAL INSTALLATION Contract No
7171(CC5) was awarded to Taft Electnc Company In the amount of $100,399 for traffic SIgnal
lllstallatlOll at the mtersectlOns of Ocean and Montana Avenues and Nellson \Vay and Hlll Street
6-J: APPROVAL OF STATEl\IENT OF OFFICIAL ACTIONJAPPEAUCUP 93-001/1703
OCEAN FRONT WALK The Statement of OfflC1al ActlOn for the appeal of the approval of
CondltlOllal Use PeIIDlt 93-001 allowing COllstructlOn for a project at 1703 Ocean Front \Valk was I
approved
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END OF CONSENT CALENDAR
6-D: E~HA.NCED SUPPLEl\tIENTAL FIRE SAFETY AND PREVENTION
REOUIREl\'IE~TS (FIRE SPRINKLERS) Counell asked questiOns of staff Councllmember
Holbrook moved to adopt Ordmance No 1827(CCS) entItled "AN ORDINANCE OF THE CITY
COUKCIL OF THE CITY OF SANTA MONICA M1El\!TIIKG SANTA MONICA yIUNiCIPAL
CODE SECTION 8 04 120 RELATING TO SUPPLEMENTAL FIRE SAFETY A~'D
PREVENTION REQlJIREl\1ENTS, II readmg by tItle only and WaIvmg further readmg thereof
Sec-ond by CouncIlmember Ebner The motion was approved by the followmg vote
CounCIl vote Affmnatlve CouncIlmembers Genser, Greenberg, Holbrook, Ebner. O'Connor,
Abdo, l\.fayor Rosenstem
NegatIve None
6-1: A\VARD OF CONTRACTIREPAIRS AND ;\'IAINTENANCE
I:MPROVEl\tIENTS/SANTA .MONICA l\'IUNICIPAL AIRPORT Councllmember Genser
moved to contmue thIS Item to the meetmg of November 14, 1995, and ask staff to meet with
reSIdents and address concerns raised Second by Councllmember Abdo CouncIl asked questIOns
of staff DISCUSSIon was held The motIOn was approved by the followmg vote
CounCIl vote Affirmative CouncIlmembers Genser, Greenberg, Holbrook. Ebner, O'Connor,
Abdo, Mayor Rosenstem
NegatIve None
6-K: SPECL<\L ELECTION/GANN OVERRIDES CouncIl asked questIons of staff 1 ) CouncIl
drrected staff to clanfy what the election date wIll be m four years, If the mItIatlve passes, SInce thIS
electIon ",1.11 be m March and the approval of the voters rs for four years, and 2) ho,"" does the sunset
date affect pro] ects already m the prpelIne The motIon was approved by the followmg vote
CounCIl vote Affirmative CounCllmembers Genser, Greenberg, Holbrook, O'Connor, Abdo,
Mayor Rosenstem
K egatlve CouncIlmember Ebner
8-A: DEED RESTRICTIONS Presented was an ordmance for second readmg and adoptron
amendmg Santa MOllIca Munrclpal Code ArtIcle IX to reqwre deed restnctIons for certam pro] ects
m commerCial drstncts whrch receIve a densIty or herght bonus ('ounnlrnember Ebner moved to
adopt Ordmance Ko 1828(CCS) entrtled 'IAN ORDIKANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA A\.fENTIING ARTICLE IX OF THE J\.1UNICIPAL CODE TO
REQLlRE DEED RESTRICTIONS FOR CERTAIN PROJECTS II'\ COi\fl\.1ERCIAL DISTRICTS
\\'HICH RECEIVE A DENSITY OR HEIGHT BONUS,'I readmg by title only and waIvmg further
readmg thereof SecDnd by Councllmember O'COlmor The motIOn was approved by the followmg
vote
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CouncIl vote AffirmatIve Counctlmembers Abdo, O'Connor. Ebner. Holbrook, Greenberg, I
Genser, Mayor Rosenstem
NegatIve None
8-B: L"CREASE NUl\'ffiER OF MEl\'mERSISOCL>\L SERVICES COMI\USSION Presented
was an ordmance for mtroductlOn and first readmg amendmg Santa MOllica MUDlcIpal Code SectIon
2 60 020 to mcrease the number of members on the SOCIal ServIces CommISSIOn from seven to mne
CouncIl asked quesuons of staff Alan Toy. SOCIal SerVIces CommiSSIoner, spoke III support of the
actIon and answered questlOns of CIty CouncIl Members of the publIc Joseph Baruch and Joy
Fullmer expressed theIr concerns \.lember of the publIc MIldred Rosenstem, Carol Rowe, and
1vhchele \Vltt1g spoke m support of mcreasmg the number of members on the Socml Services
CommISSion
CouncIlmember Genser moved to mtroduce for first readmg an ordmance entItled "AN
ORDINA"0rCE OF THE CITY COVNCIL OF THE CITY OF S.ANT A MONICA MfE1\lTIING
SAKT A MONICA Jlv1L1\lCIP AL CODE SECTION 2 60 020 TO INCREASE THE NU1\.1BER OF
rvIE:r-..1BERS ON THE SOCIAL SERVICES COMlvlISSION FROM SEVEN TO l\TJNE," readmg
by tItle only and WaIvmg further readmg thereof Second by Counctlmember Abdo DiSCUSSIon was
held Mayor Pro Tempore Greenberg moved to table thIS Item and conSIder 11 wIth Item No l4-C
Second by CouncIlmember Ebner The motIOn faded by the fOllowlllg vote
CounCil vote AffirmatIve
NegatIve
Councdmembers Greenberg, Holbrook, Ebner
Counctlmembers Genser, O'Connor, Abdo, ::\layor Rosenstem
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DISCUSSIOn was held The ongmal motIon was approved by the followmg vote
CouncIl vote AffirmatIve
NegatIve
Councllmembers Genser, O'Connor. Abdo, Mayor Rosenstem
Councdmembers Greenberg, Holbrook, Ebner
Mayor Pro Tempore Greenberg requested that the record reflect that she voted "no" on thIS item
because she belIeves that tlus motlOn should have been conSIdered WIth Item No 14-C
Councllmember Holbrook requested that the record reflect that he voted Itno" on thiS Item because
he feels that as commISSIons grow larger It means that meetmgs wIll last longer for the
commISSIOners, there are more people on the dIas. It IS necessary to prepare and dehver more
documents, resultmg III more staff time and tlus IS why he IS reluctant to have commISSIons larger
than seven members
Counctlmember Ebner requested that the record reflect that she voted "no" on tlus Item because she
feels that thIS motlOn should have been heard III conjUnctIOn wIth Item No l4-C
CounCllmember Abdo moved to ask staff to prepare a bnef but comprehenSIve memo to CouncIl
(and suhsequently present sante as a press release) mdlcatmg all of the work thallS hem g done for I
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youth III the commumty Second by Councllmember Genser DISCUSSIOn ,vas held The motion
was approved by the follo"\vmg vote
CouncIl vote AffirmatIve
K egatIve
CouncIlmembers Genser, O'Connor, Abdo, Mayor Rosenstem
CouncIlmembers Greenberg, Holbrook, Ebner
I'vlayor Pro Tempore Greenberg requested that the record reflect that she voted "no" on the above
motIOn because she feels that It IS unnecessary and IS a response to the prevIOUS dIscuSSIOn that
CouncIl "\vas haVIng, and that all of the InformatIOn 15 already aVailable and thIS request 15 a waste
of staffs tIme
Councllmember Ebner requested that the record reflect that she voted "no" on the above motIOn
because she also feels that It IS unnecessary and she questloned publIshmg what IS beIng done for
chIldren as opposed to what is bemg done ill other segments of the populatIon
8-C: FIRST A.!\'1ENDlVIENT/RESTATEMENTIDEVELOP~fENT AGREEMENT 89-0011
]\.t-\.Gt:IRE mO~rAS DEVELOPlVIErn'/1733 OCEA~ A VENlJE Presented \-vas an ordmance
for mtroductIOn and first readmg approvmg the first amendment to and restatement of Development
Agreement 89-001 between the City of Santa "Ylomca and MagUire Thomas Development for the
property located at 1733 Ocean Avenue Council asked questions of staff Mayor Rosenstem
declared the pubhc heanng open Member of the publIc Joy Fullmer expressed her concerns The
publIc heanng was suspended temporanly m order to have a presentatIon by the representatIve of
the applicant Chns Hardmg, representmg the applIcant, spoke m support of the first amendment
to and restatement of Development Agreement 89-001 Members of the pubbc. Tom FranCIS, Laurel
Roennau, Jerry Bass, and MIke Femstem spoke m opposltlon to the proposed extensIOn of the
development agreement Mayor Rosenstem closed the publIc hearmg Chns Hardmg presented a
rebuttal Council asked questions of l\1r Hardmg and of staff DISCUSSIon was held
CouncIlmember Genser moved to delay the recommended actIon untIl an adequate envIronmental
analYStS IS prepared The motion died for lack of a second Mayor Pro Tempore Greenberg: moved
to mtroduce for first readmg an ordmance entitled "A);" ORDNANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MO?-JICA APPROVING THE FIRST A.l'vIENDlvlEKT TO AND
RESTATHvIENT OF DEVELOP!\.1ENT AGREEI\fENT BETWEEN MAGUIRE THOMA.S
PAR~RS DEVELOPI\1ENT, A CALIFORNlA LIMITED PARTNERSHIP, 1\.--,'\TI THE CITY
OF SA='ITA MONICA," WIth fmdmgs, readIng by tItle only and WaIvmg further readmg thereof
Second by Councllmember Ebner The motlOn was approved by the followmg vote
Counell vote AffirmatIve Counellmembers Abdo, O'Connor. Ebner. Holbrook Greenberg,
Mayor Rosenstelll
),'egattve Councllmember Genser
Councllmember Genser requested that the record reflect that he voted agamst the above motion
because he belIeves that the CouncIl IS not fulfillIng ItS oblIgatIOns to adequately analyze potentIal
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envlfonmental effects for tills project and because the Council 1S not keepmg the prom1se It made I
to the public 1-vhen it asked them to approve the C1V1C Center SpecIfic Plan
At 9 00 PM, Councll adjourned for a short recess At 925 PM, Councll reconvened W1th all
members present
8-D: A..l\'IENDl\'IENTIZONING ORDINANCE The ordlllance for llltroductlon and first readlllg
amendmg vanOllS provlSlons of the Zonmg Ordmance related to general reqUIrements, LJ\ISD, NW
overlay, R2B, and BR overlay property development standards, antenna regulatiOns, service statiOn
standards, and vanances. and addmg a provlSlon regardmg regulatory lllcentives for the productlOn
of lmver income and semOf housmg was contmued to the meetmg of November 14. 1995
On order of the Mayor, th1S matter was contmued to the meetmg of November 14, 1995
9-A: MAIN STREET STREETSCAFE IMPROVEMENT PROJECT Presented was the staff
report recommendmg approval, 10 concept, of the plan for the Mam Street Streetscape Improvement
ProJ ect and the capltal financlllg approach for the assoc1ated cap1tal1mprovements, and to d1rect
staff to prepare two Resolutions of IntentlOn, W1th all necessary documentatlOn and publIc notices,
to establIsh a Malll Street Streets cape Improvement Assessment D1stnct and a new Malll Street
Parklllg and BUSllless Improvement Area wh1ch wlll replace the current Malll Street Parklllg and
BUSllless Improvement Area CounCllmember Genser excused h1mself, at 935 pm, from
dehberatlOns on thiS nem due to a poss1ble confl1ct of lllterest as he has a smalllllterest m a property I
m the proJ eet area
Member of the public Joseph Baruch expressed h1S concerns :Ylember of the public Joe Plpersky
spoke III support of the proposed MalO Street Streetscape Improvement Project w1th the amendment
that a memonal to Brandon MacNe11 be constructed at the plaza belllg bUilt on the corner of Ocean
Park and Alam Street Members of the pubhc Bruce Froehhch, Clyde Walker, and Abby Sher spoke
m opposltlOn to the proposed Mam Street Streetscape Improvement Project due to madequate
parkmg Members of the pubhc Ene Hanks, Sara Faulds, Glen Gerson, Aleta Parnsh. Suzanne
Caplan, Crmg McDonald, Al Ehnnger, DaVid Teck, Neal Krone, 1\11tchell Cohen, Susan PapadakiS,
Dyan Ullman. Douglas Block. Russ Barnard, Madeleme Warner, Dav1d Roberti and Mike Femstem
spoke III support of the proposed Mam Street Streetscape Improvement Project Members of the
public Greg ~1etz and Chns Metz expressed concern w1th the costs associated with the project
Councd closed the publ1c heanng Counc11 posed quesuons to staff for cons1derat1on at the meetmg
of November 14, 1995, and the remamder of thiS Item was contmued to that meetmg
Counellmember Genser returned to the d1as
9-B: CLOSED SESSION Held at end of meetmg
to-A: CONFIRl\'lATION OF ASSESSMENTfREPAIR OF DAMAGED SIDE\VALKS.
DRIVE'V A YS. C17RBSfREMOV AL OF DAlVIAGE IN PARKWAY AREAS Presented was
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the pubhc hearmg to accept publIc Input and adopt a resolutlOn confirmIng the assessment of costs
to repalr damaged sIdewalks, drlveways, curbs and the removal of damage m parkway areas on
vanous Clty streets (SR-95-192) "\1ayor Rosenstem declared the publIc heanng open Member of
the publIc Joseph Baruch expressed hIS concerns Mayor Rosenstem closed the pubhc hearmg
Mayor Pro Tempore Greenberg moved to approve staff recommendatiOn, accept publIc comment
and adopt ResolutiOn No 8964 (CCS) entItled "A RESOLUTION OF THE CITY COlJ1'.:CIL OF
THE CITY OF SANTA MONICA CO~IR.~G THE ASSESSrvlENT COSTS Al'ID THE
REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED
SIDE\V ALKS. DRIVEWAYS, CURBS A1\1D REMOVAL OF DM1AGED P A VE1\,1ENT IN THE
PARKWAY AREA ON VARIOUS STREETS (SR-95-192)" Councllmember Holbrook seconded
the motiOn The motIOn was approved by the follOWIng vote
Counctl vote AffirmatIve Counc1lmembers Abdo. O'Connor, Holbrook, Greenberg, Genser,
Mayor Rosenstem
Absent Counctlmember Ebner
Counc1lmember Ebner was absent for the vote on the above Hem as she excused herself from the
dlas at 10 45 pm and returned at 10 48 P m
13-A: NEIGHBORHOOD RESOURCE AND DEVELOPMENT
CORPOR~ TION/EXTENSION OF CONTRACT TO CONTINUE CDBG FUNDING Vmce
MusellI. representIng NeIghborhood Resource and Development Corporation, presented the request
that NRDC be granted an extensIOn of Contract #7042(CCS) to contmue CDBG fundmg from
November 1, 1995 through June 30, 1996 Member of the publIc Joseph Baruch expressed hls
concerns Member of the publIc ~1adeleIne \Varner spoke In support of the requested extensIOn
D1SCUSSlOn was held :\0 actIon was taken on tlus matter
14-A: APPOINTMENTS/BOARDS AND CO~ThUSSIONS The appomtments of members to
Boards and CommlsslOns was contmued to the meetmg of November 14, 1995
14-B: G~ CONTROL OPTIONS The request ofCouncdmember Abdo, Mayor Pro Tempore
Greenberg, and Mayor Rosenstem to dISCUSS dlrectmg the CIty Attorney to research local gun-
control optIOns and to return to Councll WIth an ordmance banrung the sale of "Saturday NIght
SpeCial" handguns. 1fa local ordmance 1S pOSSIble. was contInued to the meetmg of November 14.
1995
14-C: EV ALVA TION/BOARDS AND COJ\.nnSSIONS The request of Councllmember Ebner
to dISCUSS dlrectmg staff to evaluate the purpose of and need for each Board and CommISSIon was
contmued to the meetmg of November 14, 1995
14-D: HOUSING LOAN POLICIES&IERL PROGR.\..M The request of Councllmember
Greenberg to dISCUSS whether present housmg loan polIc1es are provIdmg for the maXImum number
of affordable housmg umts to low and moderate mcome households and dISCUSSIOn of the MERL
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Program, Its progress to date and the length of tIme It IS takmg to process loans was contmued to I
the meetmg of November 14, 1995
15; PUBLIC INPUT Member of the publIc Dan Ehrler expressed apprecIatIOn to the Mayor for
his presentatIon at a recent meetmg of Chamber members Member of the publIc Made1eme Warner
thanked Councll for thelf acnon wIth regard to the TIDE shuttle Member of the pubhc Joseph
Baruch expressed his concerns on vanous issues
9-A: CLOSED SESSION At 11 00 pill, Council adjourned to Closed SesSlOn for conference
with Legal Counsel
EXlstmg LitIgatIOn
1 Santa Moruca Housm!! Councd. et al v Cltv of Santa Montca. LASC Case No SS 5191
2 \Vetssman v. Ctty of Santa Momca, ASM 95-6-117 (clatm)
Anticipated LltlgatIOn
lOne case
At 11 30 PM, CouncIl reconvened With all members present
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Held No actlOn taken
ADJOURNMENT At 11 30 PM, the meetIng was adjourned to November 14, 1995, at 6 30
PM, In memol)' ofMansureh Jahlt, Nma Leibman, George Greenstem, and IsraelI Pnme Mlllister,
Y ttzhak Rabm
ATTEST
APPROVED
4/~;~
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Mana ~f Stewart
CIty Clerk
Paul Rosenstem
Mayor
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November 7, 1995