M-9/24/1996
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 24, 1996
A regular adjourned meetmg of the Santa Momca Cny CouncIl was called to order by Mayor
Rosenstem at 6 35 pm. on Tuesday. September 24, 1996. m the CouncIl Chambers
Roll Call
Mayor Paul Rosenstein
Mayor Pro Tern Asha Greenberg
CouncIlmember Judy Abdo
Councllmember Ruth Ebner
Councllmember Ken Genser
CouncIlmember Robert T Holbrook
Councllmember Pamela O'Connor
Present
Also Present
CIty Manager khn Jalih
CIty Attorney Marsha Jones Moutne
City Clerk Mana M Stewart
Councllmember Holbrook led the assemblage III the Pledge of AllegIance to the Flag of the
Umted States of Amenca
I:"iSPIRA TION A moment of mSplratlOn was proVIded by the John Adams MIddle School
S trIn g Quartet
4-A: PROCLAMATIO~/OCTOBER 1996/CRIl\IE PREVE~TION MONTH Mayor
Rosenstem presented a proclamatIOn declanng October 1996 as "Cnme PreventIOn iUonth" III
the en',,' of Santa Momca.
6. CO~SE"NT CALENDAR The Consent Calendar was presented. whereby all Items are
conSIdered and approved m one motIOn unless removed from the calendar for dISCUSSIOn
:Vlayor Rosenstem announced that Item No 6-R has been contIllued to the meetmg of October 8.
1996
J\.Iembers of the public Don Bryson. JOt Fullmer. JIm Palmer, and Dons Ganga. dIscussed Items
on the Consent Calendar
At the request of Councllmember Genser. Item 1\0 6-1'\ \vas removed from the Consent
Calendar. at the request of ~.1ayor Pro T em Greenberg Item No 6-1 was removed from the
Consem Calendar
September 24. 1996
265
MotIOn by Councllmember O'Connor. seconded by Mavor Pro Tern Greenberg, to approve the I
Consent Calendar, With the exceptlOn ofItern Nos 6-1 and 6-N, readmg ordmances and
reso1utJ.ons by tItle only and walVmg further readmg thereof The motIOn was approved by the
followmg vote
Ayes
Councllmembers Abdo. O'Connor, Ebner. Holbrook. Genser.
Mayor Pro Tern Greenberg, Mayor Rosenstem
None
None
Noes
Absent
6-A: ~nNUTES APPROVAL' The City CouncIl mmutes of September 10. 1996, were
approved as submItted
6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JANUARY 1994
EARTHQUAKE DAMAGE) ResolutIOn No 9087(CCS) entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE
OF A CONTD\~ING LOCAL EMERGENCY." was adopted
6-C: MODIFICATION OF STEPBACK STANDARD~ILIGHT MAl'i'UFACTURING AND
STUDIO DISTRICT Ordmance No 1862(CCS) entItled <'AN ORDINA1~CE OF THE CITY
COLTNCIL OF THE CITY OF SAKT A MONICA AMENDING SANTA MONICA
:\'1UXICIPAL CODE SECTION 9 04 08 35 050 REGARDING BUILDING STEPBACK
REQLTIRElvlE:JTS IN THE LMS DISTRICT," \-vas adopted on second readmg
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6-D: tTTILITY USERS TAX Ordmance Ko 1863(CCS) entitled "Ai""\' ORDINANCE OF THE
CITY COL~CIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6 72 010.
6 72 070 AKD 6 72 090 TO THE SANTA MONICA MUKICIPAL CODE." ,vas adopted on
second readmg
6-E: CLARIFICATION OF USESIBA YSIDE COMl\'IERCIAL DISTRICT Ordmance No
1864((CS) entItled "AK ORDINANCE OF THE CITY COU)JCIL OF THE CITY OF SAKTA
\lO-:\lC A AME!\DING CERTAr.-l PROVISIO~S OF PART 9 04 08 15 OF THE ZONn-iG
ORDI).;ANCE GOVERNDJG THE BA YSIDE COMMERCIAL DISTRICT TO CLARIFY THE
REQUIRE~vIE:-JTS FOR SIDE\V ALK CAFES. TO CLARIFY THE BUILDING STEPBACK
REQCIRENIE::\TS AND TO REVISE THE PER BLOCK LIMITATIONS ON THE NUMBER
OF FOOD USES. ALCOHOL OUTLETS AND FAST FOOD COURTS PERl\.1ITTED IN THE
BSe DISTRICT:' was adopted on second readmg
6-F: PROCEDURES FOR MAKING APPOINTMEl\"TS/CITY BOARDS AND
CO,"DUSSIO!'lS ResolutIon 1"0 9088(CCS) entItled '1\ RESOLliTION OF THE CITY
COL:.:eIL OF THE CITY OF SANTA MO);ICA REPEALING RESOLLTIOK NUMBER
6R42(CCSf AND SETTING FORTH THE PROCEDURES FOR .\1AKING APPOINTMENTS I
TO CITY BOARDS AND CO?vIMISSIONS .- \\'as adopted
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6-G: A WARD OF BID/CAR CONVERSIONS The award of BId No. 2597 was dIvIded
between PursUIt. for patrol car converSIons, at specIfied unit prices, and with FIre-Bann Corp..
for detectIve car conversIOns, at speCIfied urnt pnces, for the PolIce Department
6-H: AWARD OF BIDIBRAKE SERVICE AND REPAIRSIPOLICE VEHICLES BId No
2596 was awarded to Midas Santa Momca, at specified umt pnces, to prOVIde brake servIce and
repaIrs for polIce vehIcles for the PolIce Department
6-J: AWARD OF BIDIHOT ASPHALT CONCRETE PAVING MIXES BId No 2591 was
a\.varded to Industnal Asphalt. at specified urnt prIces, to provIde and delIver hot asphalt concrete
pavmg mIxes for the Street Mamtenance DIVISiOn, EnVIronmental and PublIc Works Department
6-K: A \VARD OF BIDIMISCELLANEOUS TR~SH BIN PARTS Bid No 2593 was
awarded to ConsolIdated Fabncators Corp _ at speCIfied umt pnces, to furrush and delIver
mIscellaneous trash bm parts for the SolId Wasre Management DIVISIOn. EnVIronmental and
PublIc Works Department
6-L: FI1\"AL TRACT MAP NO. 24337 /CONDOMINIUMS/1351 PALISADES BEACH
ROAD Resolution No 9089(CCS) entItled "A RESOLllTIO:N OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ACCEPTING fu~D APPROVING A FINAL SUBDIVISION
MAP FOR PARCEL NO 24337 FORA PROJECT AT 1351 PALISADES BEACH ROAD:'
was adopted thereby approvmg a 3-umt condommIUm project
6-M: LEASE AGREEMENT/FIRST FEDERt\L BANK OF CALIFORNIAlATMffHIRD
STREET PROMENADE Contract 1'0 6531(CCS) \vas approved WIth FIrst Federal Bank of
C ahfomw for the mstallatIOn of an A TM Machme on the ThIrd Street Promenade
6-0: 'YATER AND WASTEWATER CAPITAL FACILITY FEE REPORT The \Vater and
\Vastewater C apHal F acllIty Fee Report was renewed and accepted. as reqUIred by Government
Code SectlOn 66006
6-P: GE~ER>\L ASSISTANCE BENEFITS PAYMENTS ResolutIon Ko 9090(CCS)
entItled . A RESOLuTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REQlTESTll\G THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO
OPPOSE REDeCTIONS OR FURTHER LIMITATIO:\'S TO GENERA.L ASSISTANCE
BE!\EFITS PA YJ\:fENTS:' \vas adopted
6-0: GRA:\'"T ALLOCATIONS Contract 1\os 6532(CCS). 6533(CCS), and 6534(CCS) \vere
adopted thereby approvmg grant allocatIOns to Legal AId FoundatIOn of Los Angeles (LAFLA)
m the amount of $95.833 for enhanced tenant/landlord servIces to Santa MOllIca reSIdents.
appro\ mg allocatIon to Santa Momca College 11l the amount of $140.000 for employment and
support serVIces to '"at-nsk"" youth resIdmg m Santa Momca. and allocatIng up to $19.167 to
Legal Aid FoundatlOn of Los Angeles for one-tlme program and facIlIty start-up costs contmgent
upon a budget approved by Cny staff
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6-R: WAIVER OF FEES AND P ARKINGILEAGUE OF WOMEN VOTERS' The request I
to waIve fees and parlong costs at the East Wmg of the CIvic Center for a forum to be hosted by
the League of Women Voters was contmued to the meetmg of October 8.1996
END OF CONSENT CALENDAR
6-1: A WARD OF BIDIUNIFORM RENTAL AND CLEANING Staff answered questIons
regardmg cost
MotIon bv Mayor Pro Tern Greenberg. seconded bv CouncIl member Genser, to award Bid No
2583 to \Velch's Umform Rental Company, at specIfied umt pnces. to proVIde umform rental
and cleamng servIces for varIOUS CIty departments The motIon was approved by the followmg
vote
~oes
Absent
CouncIlmembers Abdo. O.Connor. Ebner, Holbrook, Genser.
Mayor Pro Tern Greenberg. Mayor Rosenstem
None
Kone
Aves
6-N: PROFESSIONAL SERVICES CONTRACT/CONSULTING SERVICES/
PREPARe<\. TION OF MASTER PLAN/CORPORATION YARD CouncIlmernber Genser
requested thIS matter be put over for one week III order to ask questIOns of staff
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~lotlOn hy CouncIlmember Genser. seconded bv Mayor Pro Tern Greenberg:. to contmue thIS
!tern to the meetmg of October 8. 1996 The motIon was unammously approved by VOIce vote
i-A: APPEAL/CUP 95-017/DRIVE-lJP \VINDO\V/JACK-IN-THE-BOX/2025 LINCOLN
BOrLEYARD Appeal 96-004 ofPlanrung ComnllsslOn Approval ofCondmonal Use Pemut
ApplIcatIOn (CCP 95-017) to allow the late-mght operatIon of the dnve-up wmdow In the Jack-
m-the-Box restaurant located at 2025 Lmcoln Boule\ard untIl May 1. 1998. was contmued to the
meetmg of October 8. 1996
7 -B~ APPEAL/CUP 95-0161V AR 95-033/DRlVE-UP WINDOW IJACK-IN- THE-BOX
REST ArRo\~T/2423 WILSHIRE BOULEVARD Appeal 95-016 ofPlanmng CommISSIOn
Approya) of CondJt1onal Use PermIt ApplIcatIOn (CUP 95-016) and VarIance ApphcatIOn (V AR
95-033) to allmv the late-mght operatIOn of the dnve-up wmdow m the Jack-m-the-Box
restaurant located at 2423 \VllshIre Boulevard untIl May 1, 1998. was contmued to the meetmg
of October 8. 1996
8-A' l'RGE:"iCY ORDINANCE/SECOND VNITS IN Rl ZONING DISTRICT Presented
\yas an ordIllance for IntroductIOn and adoptIOn establIshmg standards for the al1o\.vance of
second umts III the R1 zomng dIstrIct (smgle famIly reSIdentIal) on an mtenm baSIS and declarmg I
the presence of an emergency. pursuant to prOVlSIOns of State law
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On order of the Mayor, the publIc heanng was opened
The followmg members of the publIc spoke m opposition to the ordmance Patnck Mallens.
Norman Peterson, Nma Terebmsla. Kenneth Cameron, Edward Hurst. Edward Karklyn, Jean
SedIllos. Terry Grabosla. Wolfgang Kummer, SIdney Wolmsky. LeIgh Hovey, and Ernmahe
Hodgm
The followmg members of the publIc spoke m support of the ordmance Mehrdad Farlvar.
Geraldme Kennedy, David Rosman, Carl Lambert, Jenmfer Polhemus, Hank Komng and Dan
Stem
Member ofthe publIc J01 Fullmer expressed her concerns
Member of the publIc ChriS Hardmg suggested that tlns Item be remanded to staff for draftmg of
an ordmance encouragmg the umts. 111 compbance With State law. while ensunng that the umts
are compatIble "VIth the neIghborhoods m whIch they WIll be located
\."lember of the publIc Jerome PrewomIk urged CouncIl to sohclt a legal opInIOn from someone
\\ ho IS WIthout bIaS on the matter
"lotIon by Ma~'or Pro Tern Greenberg. seconded by CouncIlmember Abdo, to hear two late
speakers The motIOn \'\.-as unammously approved by vOIce vote
rvlembers of the publIc Lou Moench and Robert Wnght spoke In OpposltIon to the ordmance
There pemg no other speakers, the Mayor closed the pubhc heanng
DISCUSSIOn ensued as to the effects on the Cny If the proposed ordmance IS adopted. of takIng no
actlOn and thereby havmg the State regulatIons rule. or, of consIdermg an ordmance that would
prohIbIt the ~econd umts III questIOn There was further dISCUSSIOn as to whether the comments
recel\'ed from the publIc can be used to establIsh findmgs to prohlbn the proposed second unIts
On order of the ?vIayor. the Cny CouncIl recessed at 9 15 pm. and reconvened at 944 pm. \-\'Ith
all mem bers present
I'dotIon b~. CounCllmember Abdo. seconded by Councllmember Ebner. to adjOurn to Closed
Sesslon pursuant to CalIfornIa Government Code Sectlon 54956 9(3)(d) In order to consult WIth
the Cn: Attorney regardmg a statement of threatened lItIgatIon made by a member of the publIc
dunng the publIc hearmg The motIon was unanImously approved by YOlCe vote
CouncIl adlourned to Closed SesslOn at 9 45 pm. and reconvened at ] 0 22 wnh all members
present
The Clty Attorney announced that there '-..-as no reponable actlon taken dunng Ciosed SeSSIOn
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Mayor Rosenstem asked COl.ll1cll to bnefly devIate from the regular order of the agenda III order I
to allow a member of the public to speak at "PublIc Input", III advance. so as to allow hIm to use
publIc transportatIOn to return home before the buses the evenlllg. There were
no ObjectIons to the request
PUBLIC INPUT Member of the publIc Pro Se requested that fundlllg be made avaIlable to
teleVIse the HouSlllg ComnussIOn meetlllgs
On order of the Mayor, the CIty CounCIl returned to the regular agenda order
8-A: URGENCY ORDINANCE/SECOND UNITS IN Rl ZONING DISTRICT (Resumed)
MotIon by Councllmember Holbrook, seconded bv CouncIlmember Ebner, to not accept the
recommendatIon of staff, and to mstruct staffto return at the regular meetmg of October 8. 1996,
WIth a new recommendatIOn 10 mtroduce for first readmg an ordmance that prohIbIts rental umts
In the Rl area. \vIth appropnate findmgs. and to have the second readmg and adoptIOn of the
ordlllance at a contmued regular meetmg to be held on October 15. 1996. at 7 30 P m
.\tlotIOn by Councllmember Genser. accepted as frIendly. t,:" amend the motIOn to not ask for staff
recommendatIOn. but to merely ask them to return WIth the ordmance as deSCrIbed by
Councllmember Holbrook The motIon \vas approved by the followmg vote-
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A\es
Counctlmembers Genser. Holbrook. Ebner. O'Connor.
Ivlayor Pro Tern Greenberg
Councllmember Abdo. )"layor Rosenstem
~one
" oes
Absent
:\lotIOn by Councllmember O'Connor. seconded bv Councllmember Genser. to extend the
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meeting past 11 p ill The motion ,"vas unammously approved by VOIce vote
Request to diSCUSS Item 8-A agam:
At 11 20 P ill _ after takmg actlon on the matters remammg on the agenda. Councllmember
O.Connor requested takmg up dISCUSSIOn of thIS ordmance agam
\'!otlOn by Councllmember O'Connor. seconded bv Councllmember Abdo, to add to the motIon
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to dIrect staff to also return WIth the current staff recommendatIOn WIth development standards as
presented thIS evemng for Item No 8-A for consIderatIOn at the meetmg of October 8. 1996
It \\as c1dnfied that the motIon for 8-A. as approved. was speCIfic as to not mcludmg staffs
recommendatIon. and therefore could not be amended as \'vas bemg asked Councllmember
O'Connor changed her motlon as follows
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MotIon by CouncIlmember O'Connor. seconded by Councilmember Holbrook, to have another
roll of the motIOn MotIOn was approved by vOice vote
F ollowmg IS the motIOn. as prevIously made.
Motion bv CouncIimember Holbrook. seconded by Councllmember Ebner. to not accept the
recommendatIon of staff, and to Instruct staff to return at the regular meetmg of Octoher 8. 1996,
WIth a new recommendatIOn to mtroduce for first readmg an ordmance that prohIbits rental unIts
III the R 1 area. \-Vlth appropnate findmgs. and to have the second readmg and adoption of the
ordmance at a contmued regular meetmg to be held on October 15.1996. at 730 p m
).'lot1On by Councdmember Genser. accepted as fnendly. to amend the motIOn to not ask for staff
recommendatIOn. but to merely ask them to return With the ordinance as described by
CouncIlmember Holbrook The motIon was approved by the followmg vote
Aves
Councllmembers Genser. Holbrook. Ebner.
Mayor Pro Tern Greenberg
Councllmember O'Connor. Abdo, Mayor Rosenstem
None
l\oes
Absent
Coul1Cllmember O'Connor requested that the record reflect that she voted "no" on the above nem
because she belIeves that the City IS losmg an opportumty to set locally-developed standards
regulatmg second umts
\Jayor Rosenstem requested that the record reflect that he voted "no" on the above Item because
the recommendatIOn by staff IS a superIor way to protect the smgle-famIly neighborhood to the
current SItuation. \yhICh seems to be where the Council IS headmg
Councrlmember Abdo requested that the record reflect that she voted "no" on the above Item
because she feels that It ""'111 cause problems among neIghbors. and expressed the behefthat thIs
\q11 cause a hardshIp for those mdlvlduals who currently have such UUlts Further. she stated she
doe;;; not belte,:e that the Impact on the Rl zone wlll not be that great from the second units
8-B: DEMOLITIONfEARTHOUAKE DAMAGED RED AND YELLO'V TAGGED
BCILDI::\GS Presented was an ordmance for mtroducllon and first readmg amendmg sectIOn
q 04 1 n 16 010 of the Santa MOnIca MUUlcIpaJ Code to allow the demolItIOn of earthquake
damaged red and yellow tagged bUIldmgs "vIthaut a replacement project permIt
On order of the :Ylayor. the publIc heanng was opened Member of the publIc Jm Fullmer
e\.pres:'.ed her concerns There bemg no other speakers. the tvlayor closed the publIc hearmg
C0uIK1lmember Ebner excused at 11 15 pm
\10tI0I1 1:\\ "'1a}.(l[ Pm Tern Greenberg. seconded b~' Councllmember Genser. to mtroduce an
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ordmance entItled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA I
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9 04 10 16010
CONCERNING DEMOLITION PERMIT REQUIREMENTS," readmg by title only and
Wa1vmg further readmg thereof The motIon was approved by the followmg vote
Ayes:
Councllmembers Abdo, O'Connor, Holbrook, Genser.
Mayor Pro Tem Greenberg. Mayor Rosenstem
None
Councllmember Ebner
Koes
Absent
Councllmember Ebner returned at 11 16 P m
9-A: CLOSED SESSION The eny Attorney advIsed that 1t was not necessary to hold closed
seSSIOns
t 4-A: APPOINTMENTS/BOARDS AND COMMISSIONS:
~vlayor Rosenstem announced that the floor would consIder nommatIons to the AIrport
C'ommlsslon
Councllmember Abdo nomInated Bernard HarrIS There beIng no other nommatIOns.
nommatIOllS \,,'ere closed CounCllmember Abdo moved. seconded by Councllmember Ebner.
to appomt Bernard HarrIS by acclamatIOn to the AIrport Commlsszon for a term endIng June 30.
2000 The motIOn \vas unammously approved by VOIce vote
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\fa~. or Rosenstem announced that the floor would consIder nommatlOns to the Landmarks
( Onmll\51011
Counulmember O'Connor nommated BIll Bolton There bemg no other nommatlOns.
nommatlOns "vere closed BIll Bolton was appoInted by acclamatIOn to the Landmarks
COmml'lqrJJ1 for a term endmg June 30. 2000 The mOl1on was unammously approved by VOIce
"ote
15: Pl:BLIC INPLT There \vas no one wIshmg to speak
AD IOl-R:-.1ME"-'"T At II 25 pm. the meetmg "vas adjourned to Tuesday. October 8. 1996. at
<1 30 r m _ 111 memory of Carl Gordon
ATT[ST
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APPROVED
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TvlanJ \1 Stewart
en'- Clerk.
Paul Rosenstem
Mayor
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September 24. 1996