M-2/10/1998
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 10, 1998
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tern
O'Connor at 6:20 p.m., on Tuesday, February 10, 1998, in the Council Chambers.
Roll Call:
Present:
Mayor Pro Tern Pam O'Connor
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Absent:
Mayor Robert T. Holbrook
Also Present:
City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS
CLOSED SESSIONS: At 6:20 p.m., Council adjourned to Closed Session
to consider the following:
16-A: Conference with Legal Counsel: Julie Dad v. City of Santa Monica,
Case No. BC 181514.
ACTION: Heard. No reportable action taken.
16-B: Conference with Legal Counsel: City of Santa Monica v. Mobil Oil,
Case No. SC 778141.
ACTION: Heard. No reportable action taken.
16-C: Conference with Legal Counsel: Ring Trading Corporation v. City
of Santa Monica, Case No. BC 172044.
ACTION: Heard. No reportable action taken.
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February 10, 1998
RECONVENE
PLEDGE
SPECIAL AGENDA
ITEMS: SEASON FOR
NONVIOLENCE
EMERGENCY ITEM
16-D: Conference with Legal Counsel: Bret Carr v. Santa Monica Poli,.",
Department, the City of Santa Monica, et aI., Case No. CV 97-8765 I
(Ex).
ACTION: Heard. No reportable action taken.
16-E: Conference with Legal Counsel: Santa Monica Housins Council v.
City of Santa Monica, Case No. BC 184061.
ACTION: Heard. No reportable action taken.
16-F: Conference with Legal Counsel- Anticipated Litigation:
Number of cases: Two
ACTION: Heard. No reportable action taken.
Council reconvened at 7:05 p.m., with all Councilmembers present, except
Mayor Holbrook.
Councilmember Greenberg led the assemblage in the Pledge of Allegiance
to the Flag of the United States of America.
MESSAGE TO THE UNITED NA nONS IN SUPPORT OF SlY.
OF NONVIOLENCE: Jerry Rubin, representing Alliance for Survivai,
made a presentation to the City Council of an eight-foot tall "Love, Peace
and Nonviolence Valentine's Day Card" to be delivered to the United
Nations.
Members of the public Wiley Drake, Jennafer Waggoner, and Brian
Hutchings spoke in support of Season of Nonviolence. Member of the
public Joey Fullmer expressed her concerns.
Motion by Councilmember Rosenstein, seconded by Councilmember
Feinstein, to add an emergency item to the agenda regarding an article in
the L.A. Times relating to possible contamination ofMWD water, noting
that the matter arose after the posting the agenda. The motion failed by the
following vote:
Ayes:
Councilmembers Rosenstein, Feinstein,
Mayor Pro Tern O'Connor
Councilmembers Ebner, Greenberg, Genser
Mayor Holbrook
Noes:
Absent:
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February 10, 1998
CONTINUED ITEMS:
PIER RESTORA nON
CORPORATION TERM
LIMITS
PIER RESTORA nON
CORPORA nON
APPOINTMENTS
AIRPORT COMMISSION
APPOINTMENTS
CHANGE ORDER OF
AGENDA
RENOVATIONS OF
VARIOUS PARKS AND
PLAYGROUNDS
PIER RESTORATION CORPORATION TERM LIMITS: Motion b
Councilmember Rosenstein. seconded by Councilmember Greenber-i, to
hold appointments to the Pier Restoration Corporation until the service
agreement with the City is renegotiated, and authorize the present memb(
to remain in their present positions until the entire relationship can be
reviewed.
Substitute motion by Councilmember GenseL seconded by Mayor Pro Te
O'Connor, to continue this matter to the meeting of February 17, 1998,
when all seven Councilmembers are present.
Councilmember Greenbera withdrew her second from the main motion.
The motion on the floor was approved by the following vote:
Ayes:
Councilmembers Greenberg, Genser, Feinstein,
Mayor Pro Tern O'Connor
Councilmembers Ebner, Rosenstein
Mayor Holbrook
Noes:
Absent:
PIER RESTORATION CORPORATION APPOINTMENTS: Motion
by Councilmember Feinstein. seconded by Councilmember Genser, to
continue the appointments to the Pier Restoration Corporation to the
meeting of February 17, 1998. The motion was unanimously approved by
voice vote, Councilmember Ebner abstaining, Mayor Holbrook absent.
AIRPORT COMMISSION APPOINTMENTS: Motion by
Councilmember Genser, seconded by Councilmember Feinstein, to
continue the appointments to the Airport Commission to the meeting of
February 17, 1998. The motion was unanimously approved by voice vote.
Motion by Councilmember Genser, seconded by Councilmember Feinstein,
to hear youth wishing to address the item relating to the concept design for
the renovation of Douglas Park and the playgrounds in Clover, Joslyn,
Marine, and Ozone Parks, and then resume the regular order of the agenda.
The motion was unanimously approved by voice vote.
CONCEPT DESIGN FOR RENOVATION OF DOUGLAS PARK
AND THE PLAYGROUNDS IN CLOVER, JOSLYN, MARINE, AND
OZONE PARKS: The Playground Committee from SMASH, Spencer
Culbert, Sara Paxton, Morgan Yee, Benjamin Goldstone, Roly Schweitzer,
Rosie, and Zoe Schweitzer reported on accomplishments, surveys,
donations, fundraising, and Santa Monica-Malibu School District
connections relating to playgrounds.
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February 10, 1998
CONSENT CALENDAR: The Consent Calendar was presented, whereby all items are considere~ ""'d
approved in one motion unless removed from the calendar for discus~
EARTHQUAKE
RECOVERY RESOLUTION
ASSAULT WEAPONS
ORDINANCE
EMERGENCY ROOM
TREATMENT FOR
PRISONERS
CfULLERSRESTA~
Members of the public Wiley Drake, Joey Fullmer, and Brian Hutchings
addressed items on the Consent Calendar.
At the request of Councilmember Genser, item 6-J was removed from the
Consent Calendar.
Motion by Councilmember Greenber,i. seconded by Councilmember
Feinstein, to approve the remainder of the Consent Calendar, reading
resolutions and ordinances by title only and waiving further reading
thereof. The motion was approved by the following vote:
Ayes:
Councilmembers Feinstein, Genser, Greenberg, Rosenstein,
Ebner, Mayor Pro Tern O'Connor
None
Mayor Holbrook
Noes:
Absent:
6-A: EARTHQUAKE RECOVERY RESOLUTION (JANUARY 1994
EARTHQUAKE DAMAGE): Resolution No. 9237(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANT j1
MONICA DECLARING THE EXISTENCE OF A CONTINUING
LOCAL EMERGENCY," was adopted.
6-B: REPEAL OF ASSAULT WEAPONS ORDINANCE: Ordinance
No. 1898(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA REPEALING CHAPTER 3.28 OF
THE SANTA MONICA MUNICIPAL CODE RELATING TO ASSAULT
WEAPONS,". was adopted.
6-C: EMERGENCY ROOM TREATMENT FOR PRISONERS: The
continued use of UCLA-Santa Monica Hospital and Janzen, Johnston and
Rockwell, Incorporated, was approved for emergency room treatment of
pnsoners.
6-D: STATEMENT OF OFFICIAL ACTION FOR CHll..LERS
RESTAURANT: The Certification of Statement of Official Action for
Planning Commission approval of the conditional use permit regarding the
operation of Chillers Restaurant, at 1446 Third Street Promenade, was
approved.
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February 10, 1998
lOll lITH STREET
RETENTION OF 310 AREA
CODE
BA YSA VER RETROFIT
PROGRAM
PEDICAB PROGRAM
COUNCIL CHAMBER
RENOVATION PROJECT
PURCHASE OF ONE
FOUR-WHEEL DRIVE
VElllCLE
PURCHASE OF
COMPUTER EQUIPMENT
6-E: RESOLUTION APPROVING FINAL PARCEL MAP FOR 10
11TH STREET: Resolution ~o. 9238(CCS) entitled: "A RESOLUTIOfl
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDMSION MAP FOF
PARCEL NO. 24346 TO SUBDIVIDE A PROPERTY AT 1011
ELEVENTH STREET," was adopted.
6-F: RETENTION OF THE 310 AREA CODE FOR WESTSIDE
CITIES: The recommendation to join the Westside Cities in urging the
California Public Utilities Commission to retain the 310 area code and
advocate for separate area codes for mobile telecommunications equipme
and related technologies was approved.
6-G: CONTRACT FOR BA YSA VER RETROFIT PROGRAM: The
Baysaver Retrofit Program was extended and Contract No. 6913(CCS) w
approved with Honeywell DMC, for an amount not to exceed $90,000, f(
services related to the Baysaver Program.
6-H: FEE RESOLUTION TO ADMINISTER PEDICAB PROGRAl
Resolution No. 9239(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SETTING FEES FOR
PEDICAB REGISTRATION, PEDICAB DRIVER FINGERPRINTING,
AND PEDICAB DRIVER PERMIT," was adopted.
6-1: COUNCIL CHAMBER RENOVATION PROJECT: A
modification was approved to Contract No. 6647(CCS) thereby expandin
the scope of professional services with Gruen Associates for the design 01
the council chambers renovation project, and increasing the amount of thl
contract from $52,000 to $128,000.
6-K: AWARD OF BID FOR THE PURCHASE OF ONE FOUR-
WHEEL DRIVE VEHICLE: Bid No. 2671 was awarded to Paradise
Chevrolet for $37,671, to furnish and deliver one new four-wheel drive
vehicle for the Fire and Suppression Division of the Fire Department.
6-J: AWARD OF BID FOR THE PURCHASE OF COMPUTER
EQUIPMENT: Councilmember Genser removed this item from the
Consent Calendar in order to obtain additional information relating to
policy. Staff answered questions from Councilmembers.
Motion by Councilmember Gensel:, seconded by Councilmember F einstei
to award Bid No. 2675 to Micro World for $141,846.83 to furnish and
deliver miscellaneous computer equipment for various City departments,
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February 10, 1998
ORDINANCES:
RESTAURANT SEATING
LIMITATION ON MAIN
STREET
and ask staff to return as soon as possible with information to conduct ,.
discussion relating to an overall policy.
Substitute motion by Councilmember Rosenstein, seconded by
Councilmember Greenberi, to approve staff recommendation. The
substitute motion was approved by the following vote:
Ayes:
Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tern O'Connor
Councilmembers Feinstein, Genser
Mayor Holbrook
Noes:
Absent:
Motion by Councilmember Genser, seconded by Mayor Pro Tern
O'Connor, to request that staff return with an analysis and discussion of
policies involved in the structure of future computer purchases. The
motion failed by the following vote:
Ayes: Councilmembers Genser, Feinstein, Mayor Pro Tem O'Connor
Noes: Councilmembers Ebner, Rosenstein, Greenberg
Absent: Mayor Holbrook
(END OF CONSENT CALENDAR)
8-A: REINSTATEMENT OF RESTAURANT SEATING
LIMITATION ON MAIN STREET ORDINANCE: Presented for first
reading and introduction was an ordinance of the City of Santa Monica
amending Section 9.04.08.28.070 of the Municipal Code to establish a
restaurant seating limitation of 101 seats in the CM District on the east side
of Main Street, north of Ocean Park Boulevard.
On order of the Mayor Pro Tern, the public hearing was opened. Members
of the public Clarence-Jon Heisler, Rick Laudati, and Janet Gilbert spoke it
opposition to the proposed ordinance.
Members of the public Jeff Gilbert and Roger Genser spoke in support of
the proposed ordinance only if it is tied to the CUP process and that the "by
right" seating limit remain at 49. Member of the public Brian Hutchings
expressed his concern. There being no more speakers, the Mayor Pro Tern
closed the public hearing.
Motion by Councilmember Genser, seconded by Councilmember Feinstein,
to introduce the ordinance for first reading, substituting a cap of 75 seats
instead of 101 seats. The motion was approved by the following vote:
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February 10, 1998
REPEAL OF 1 % LOCAL
BIDDING PREFERENCE
Ayes:
Councilmembers Feinstein, Genser, Greenberg, Rosenstein,
Ebner, Mayor Pro Tern O'Connor
None
Mayor Holbrook
Noes:
Absent:
Motion by Councilmember Feinstein to ask staff to return with a report on
the status of the proliferation of food uses on Main Street. Second by
Councilrnember Genser with the amendment to add a report on the status 0
enforcement activities. The motion was unanimously approved by voice
vote, Mayor Holbrook absent.
8-B: APPROVAL OF ALTERNATE LOCAL BUSINESS
OUTREACH PROGRAM AND REPEAL OF 1 % LOCAL BIDDING
PREFERENCE ORDINANCE: Presented for first reading and
introduction was an ordinance of the City of Santa Monica amending
Municipal Code Sections 2.24.090 and 2.24.100 and repealing Ordinance
No. 1762(CCS) to delete the 1 % bidding preference for Santa Monica
businesses submitting informal and formal bids, and the recommendation to
approve the proposed Local Business Outreach Program.
On order of the Mayor Pro Tern, the public hearing was opened.
Members of the public Joey Fullmer and Brian Hutchings expressed their
concerns. Member of the public John Medlin suggested that the bidding
preference be increased to 5%.
There being no other public speakers, the Mayor Pro Tern closed the public
hearing.
Motion by Councilmember Genser. seconded by Councilmember Feinstein,
to approve the Local Business Outreach Program, with the proviso that all
Santa Monica businesses be treated equally, without regard to any
organization to which they belong.
Motion by Councilmember Rosenstein, accepted as friendly, to amend the
motion to support any inexpensive effort, which is not labor intensive, to
encourage local businesses to participate in the bidding process. The
motion, as amended, was approved by the following vote:
Ayes:
Councilmembers Ebner, Rosenstein, Greenberg, Genser,
Feinstein, Mayor Pro Tern O'Connor
None
Mayor Holbrook
Noes:
Absent:
7
February 10, 1998
AMENDMENT TO
STREET VENDOR
ORDINANCE
Motion by Councilmember Greenbera. seconded by Councilmember p,...
to introduce on first reading an ordinance of the City of Santa Monic;
amending Municipal Code Sections 2.24.090 and 2.24.100 and repeahhe
Ordinance No. 1762(CCS) to delete the 1 % bidding preference for Santa
Monica businesses submitting informal and formal bids.
Substitute motion by Councilmember Genser. seconded by Councilmembc
Feinstein, to ask staff to return with an amendment to the Municipal Code
to reinstitute the 1 % local bidding preference. The substitute motion faile,
by the following vote:
Ayes:
Noes:
Councilmembers Genser, Feinstein
Councilmembers Ebner, Rosenstein, Greenberg,
Mayor Pro Tern O'Connor
Mayor Holbrook
Absent
The main motion was approved by the following vote:
Ayes:
Councilmembers Greenberg, Rosenstein, Ebner,
Mayor Pro Tern O'Connor
Councilmembers Feinstein, Genser
Mayor Holbrook
Noes:
Absent:
Councilmember Genser requested that the record reflect that he believ~
that the Council made a wrong decision in that it ultimately is going to cost
taxpayers money.
8-C: AMENDMENT TO "STREET VENDOR" ORDINANCE:
Presented for first reading and introduction was an ordinance of the City of
Santa Monica amending Municipal Code Section 6.36.030 relating to street
vending.
On order of the Mayor Pro Tern, the public hearing was opened. Members
of the public Jennafer Waggoner and Joey Fullmer expressed their
concerns. Members of the public Jerry Rubin and Brian Hutchings spoke
in support of the adoption of the heartland exemption.
Member of the public David Busch spoke in support of the proposed
ordinance, including books and tapes as exceptions.
There being no other speakers, the Mayor Pro Tern closed the public
hearing.
8
February 10, 1998
CONSIDERATION OF
REMAINDER OF
AGENDA
RECESS
Motion by Councilmember Genser" seconded by Mayor Pro Tern
O'Connor, to introduce the ordinance for first reading, amended to delete
the reference to books in Section 6.36.030(g). The motion was approved
by the following vote:
Ayes:
Councilmembers Feinstein, Genser, Greenberg, Rosenstein,
Ebner, Mayor Pro Tern O'Connor
None
Mayor Holbrook
Noes:
Absent:
CONSIDERATION OF REMAINDER OF AGENDA: Mayor Pro Tern
O'Connor noted that due to the hour, the fact that Mayor Holbrook is
absent, and it will be necessary for Councilmember Greenberg to be
excused at 11 :00 p.m., consideration should be given to the remainder of
the agenda.
Motion by Mayor Pro Tern O'Connor. seconded by Councilmember
Feinstein, to continue the Housing Commission Appointment to the meeting
of February 17, 1998. The motion was unanimously approved by voice
vote, Mayor Holbrook absent.
On order of the Mayor Pro Tern, the City Council recessed at 10:05 p.m.,
and reconvened at 10:15 p.m., with all members present, except Mayor
Holbrook.
Motion by Mayor Pro Tern O'Connor, seconded by Councilmember
Greenberg, to continue the following items to the meeting of February 17,
1998:
9- A: Concept Design for renovation of Douglas Park and the
playgrounds in Clover, Joslyn, Marine, and Ozone Parks"
13-A: Request of Phillip Gearhart, owner of The Shack restaurant, to
address Council regarding the use of adjacent private property as a
parking lot for his business.
and, to consolidate items 8-D, 8-E, and 8-F, related to preferential parking,
receive public input on those three items continue the deliberations and
action to the meeting of February 17, 1998. The motion was unanimously
approved by voice vote, Mayor Holbrook absent.
9
February 10, 1998
PREFERENTIAL
PARKING ZONES
1999 ROSE PARADE
8-D: PREFERENTIAL PARKING ZONE ON 14TH BETWEEN
MONTANA A VENUE AND ALTA A VENUE: Presented for first
reading and introduction was an ordinance of the City of Santa Monica
adding Section 3.08.480 to the municipal code to establish Preferential
Parking Zone J1.
8-E: PREFERENTIAL PARKING ZONE ON 15TH BETWEEN
MONTANA A VENUE AND AL TA A VENUE: Presented for first
reading and introduction was an ordinance of the City of Santa Monica
amending Section 3.08.180 of the municipal code to modify the hours in
Preferential Parking Zone G.
8-F: PREFERENTIAL PARKING ZONE ON CENTINELA
A VENUE BETWEEN WILSHIRE BOULEVARD AND LIPTON
A VENUE: Presented for first reading and introduction was an ordinance of
the City of Santa Monica adding Section 3.08.500 to the municipal code to
establish Preferential Parking Zone LL.
On order of the Mayor Pro Tern, the public hearing was opened.
Members of the public Berel Shinban, Carol Salva, Gerard Healy, Vera
Kalil, and Susan Zachary spoke in support of penn it parking for 14th
Street. Member of the public Brian Hutchings expressed his concern:
Members of the public Tony Stenger, Ray Dillman, Mary Jo Stenger, Phil
Dunn, James Taylor, Bill Gerfield, and George Yamauchi spoke in support
of permit parking for 15th Street.
Member of the public Mary Dell Gunsberg, spoke in support of penn it
parking on Centinela. There being no other speakers, the Mayor Pro Tern
closed the public hearing.
Motion by Councilmember Genser, seconded by Councilmember Feinstein,
to continue the above three preferential parking items as " Continued 5
items" to the meeting of February 17, 1998. The motion was unanimously
approved by voice vote, Mayor Holbrook absent.
13-B: POSSmLE PARTICIPATION IN THE 1999 ROSE PARADE:
The request of Connie Schurr, representing the Ninety-Nines, Inc., to
address Council regarding the City's possible participation in the 1999
Rose Parade was continued to the meeting of February 17, 1998.
10
February 10, 1998
COlJNCILMEMBER
DISCUSSION ITEMS
RESIGNATION FROM
HOUSING COMMISSION
14-A: RESIGNATION FROM THE HOUSING COMMISSION:
Motion by Councilmember Fei.nsteinr seconded by Mayor Pro Tern
O'Connor, to accept with regrets the resignation of Barbara Filet from the
Housing Commission and approve authorization for the City Clerk to
publish the vacancy. The motion was unanimously approved by voice
vote, Mayor Holbrook absent.
HOUSING COMMISSION 14-B: HOUSING COMMISSION APPOINTMENT: The appointmen
APPOINTMENT to the Housing Commission to one unscheduled vacancy for a tenn endin;
June 30, 1998, was continued to the meeting of February 17, 1998.
POSTING HEALTH
GRADES FOR
RESTAURANTS
INTERNATIONAL
COUNCIL FOR LOCAL
ENVIRONMENTAL
INITIATIVES
STUDY OF POTENTIAL
AFFECTS OF GLOBAL
WARMING
Councilmember Greenberg excused herself at 10:48 p.m.
14-C: ENFORCEMENT OF POSTING HEALTH GRADES FOR
RESTAURANTS IN THE CITY OF SANTA MONICA: Presented Wet
the request of Councilmember Rosenstein to discuss directing staff to
prepare an ordinance authorizing Los Angeles County Health Department
to enforce the posting of health grades for restaurants in the City of Santa
Monica.
Motion by Councilmember Rosenstein, seconded by Councilmember
Eh.ner, to direct staff to prepare an ordinance authorizing Los Angeles
County Health Department to enforce the posting of health grades for
restaurants in the City of Santa Monica. The motion was unanimously
approved by voice vote, Councilmember Greenberg and Mayor Holbrook
absent.
Motion by Mayor Pro Tern O'Connor, seconded by Councilmember
Genser, to combine items 14-D and 14-E for discussion. The motion was
unanimously approved by voice vote, Councilmember Greenberg and
Mayor Holbrook absent.
14-D: SCAG PARTICIPATION IN THE INTERNATIONAL
COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES
IICITIES FOR CLIMATE PROTECTION CAMP AIGNII: Presented
was the request of Councilmember Feinstein for the City Council to discus
recommending that SCAG pass a resolution to participate in The
International Council for Local Environmental Initiatives *Cities for
Climate Protection Campaign*.
14-E: STUDY OF POTENTIAL AFFECTS OF GLOBAL
WARMING: Presented was the request of Councilmember Feinstein for
the City Council to discuss recommending that SCAG seek scientific,
11
February 10, 1998
academic and/or other institutions to study the potential affects of glob~ I
warming on the Southern California region. Such a study should inc
the coastal areas of Southern California.
Member of the public Brian Hutchings expressed his concerns.
Motion by M~or Pro Tern O'Connor, seconded by Councilmember
Genser, to recommend that SCAG pass a resolution to participate in The
International Council for Local Environmental Initiatives .Cities for
Climate Protection Campaign* and recommend that SCAG seek scientific,
academic and/or other institutions to study the potential affects of global
warming on the Southern California region, including the coastal areas of
Southern California. The motion was unanimously approved by voice
vote, Councilmember Greenberg and Mayor Holbrook absent.
PUBLIC INPUT
15. PUBLIC INPUT: Member of the public Judy Abdo discussed an
article in the L. A. Times this morning relating to some possible adverse
effects of tap water and the actions being taken by MWD to address this
Issue.
Member of the public Wiley Drake discussed homeless issues. Member 01
the public Jeffrey Gale discussed police violence against members of t}1o
Food Not Bombs organization, and other homeless issues.
Councilmember Ebner excused herself from the meeting at 10:58 p.m.
Motion by Councilmember GenseL seconded by Councilmember Feinsteir
to continue the meeting past 11:00 p.m. The motion was unanimously
approved by voice vote, Councilmembers Ebner and Greenberg, and Mayc
Holbrook absent.
Member of the public David Busch discussed homeless issues. Member 0
the public Brian Hutchings discussed the situation with Iraq.
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 11 :06
p.m., to Tuesday, February 17, 1998.
ATTEST:
APPROVED:
Maria M. Stewart
City Clerk
Pamela O'Connor
Mayor Pro Tern
12
February 10, 1998