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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 30,1996
A regular adjourned regular meetIng of the Santa MOllica CIty CounCIl was called to order by
Mayor Rosenstem at 632 p.m, on Tuesday. July 30,1996, ill the CouncIl Chambers
Ro II Call
Present
Mayor Paul Rosenstem
Mayor Pro Tern Asha Greenberg
CouncIlmember Judy Abdo
CouncIlmember Ruth Ebner
Councdmember Ken Genser
Councdmember Robert T Holbrook
Councllmember Pamela O'Connor
Also Present
CIty Manager J0hn Ja1111
CIty Attorney Marsha Jones Moutne
CIty Clerk Mana M Stewart
CouncIlmember Holbrook led the assemblage ill the Pledge of Allegiance to the Flag of the
Lmted States of Amenca
7-A: APPEAL/CUP 9S-017/DRIVE-UP WINDOW/JACK-IN-THE-B0Xl2025 LINCO....N
BOLLE\' ARD The CIty Attorney requested that the settlement proposal for Appeal 96-004 of
Planrung CommIssIon Approval of Condmonal Use PermIt ApplIcatIOn (CUP 95-017) to allow
the late-mght operatlon of the dnve-up wmdow m the Jack-m-the-Box restaurant located at 2025
Lmcoln Boulevard be contmued. at the request of the parties Involved, m order to dISCUSS the
matter m Closed SeSSIOn
~'vlotJon bv CouncIlmember Genser. seconded bv Councllrnember O'Connor to hear speakers on
thIS Item The motIOn was unammously approved by VOIce vote
The ]'vlayor opened the meetmg for publIc comment Members of the publIc Susan Henderson
and Fred Bakshandeh spoke In OpposItiOn to the appeal
J\-lotIon by Councllmember Gensel. seconded by ~avor Rosenstem, to contmue thIS Item to the
meetmg of September 10. 1996. and dIrectmg staff to contact reSIdents m the affected
neIghborhoods If the hearmg IS contmued agaIn MotIOn unanImously approved by VOIce vote
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July 30_ 1996
237
7-B: APPEAL/CUP 95-016N AR 95-033/DRIVE-UP WINDOW/JACK-IN-TI{E-BOX I
REST AURANT12423 WILSIDRE BOULEVARD The City Attorney requested that the
settlement proposal for Appeal 95-016 of Planmng Comrmssion Approval of Cond1tlOnal Use
PermIt ApplIcatIon (CUP 95-016) and Vanance ApplIcatIOn 01 AR 95-033) to allow the late-
mght operauon ofthe dnve-up wmdow In the Jack-In-the-Box restaurant located at 2423
WIlshIre Boulevard be contInued, at the agreement of the partIes, In order to dISCUSS the Item m
Closed SeSSIOn
MotIOn by Councllmember Genser. seconded by Mayor Rosensteltl, to hear a speaker proVIded It
IS not one of the speakers who spoke on the prevIOUS Item The motion was unarumously
approved by VOIce vote
The Mayor opened the meetmg for publIc co~ent. Member of the publIc Judy SIlverman
spoke In OppOSItIOn to the appeal
MotIon bv CouncIlmember Gensel. seconded bv Mavor Rosenstem. to contmue thIS Item to the
meetmg of September 10. 1996. and dIrectmg staff to contact reSIdents in the affected
neIghborhoods If the heanng IS contInued agam MotIon unarumously approved by VOIce vote
7-C: APPEAL/CUP 95-007/DESIGN MODIFICATION/MODIFIED FEES/
RESIDENTIAL CONDOMINIUM PROJECT/I043-104511TH STREET The CIty
Attorney recommended that thIS Item be contmued In order to reVIew m Closed SesslOn a I
proposal which was receIved from the appellant MotIOn by CouncIlmember Gensel. seconded
l)\" ~hyor Pro Tern Greenberg. to contInue the appeal ofPlanmng CommISSIOn approval of
Condmonal Use PermIt 95-007 requestmg deSign modIficatIOn and modified fees for a five-umt
reSIdentIal condomlmum project at 1043-1045 II th Street to the meetmg of August 13. 1996
The motIOn \yas unammously approved by VOIce vote
8~A: EMERGENCY ORDINANCE/PUBLIC FOUNT AINSrrHIRD STREET
PRO'tEI\ADE Presented was an emergency ordmance for adoptIon addmg SectIon 508600 to
the Santa MOnIca iv1untcIpal Code relatmg to the use of pubhc fountams on the Thud Street
Promenade and declanng the presence of an emergency
On order of the Mayor, the publIc heanng "vas opened Member of the publIc JO] Fullmer
e'\pressed her concerns Members of the pubhc Steve Brackett and Ron Cano spoke m support
at the proposed ordmance There bemg no other speakers. the Mayor closed the publIc hearIng
\-lollon b: \'1ayor Pro Tern Greenberg. seconded b!' CouncIlmember Genser. to adopt the
proposed emergency ordmance
I\.10t!on by CouncIlmember Abdo. accepted as fnendlv, to amend the ordmance to add language
to subsecllon (c) to allow cay employees access for cleanmg and mamtenance. and other related I
sernces The motIon. as amended was approved by the followmg vote
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July 30. 1996
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Ayes
CouncIlmembers Genser, Holbrook. Ebner, O'Connor, Abdo,
Mayor Pro Tern Greenberg. Mayor Rosenstem
None
None
Noes
Absent
By virtue of the above act lOn, Emergency Ordmance No 1858(CCS) entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 5 08 600 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE
USE OF PUBLIC FOUNTAINS IN THE THIRD STREET PROMENADE AND DECLARING
THE PRESENCE OF AN EMERGENCY:" was adopted
Manon bv Mavor Pro Tern Greenben!. seconded bv CouncIlmember Genser. to direct staff to
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explore the Issue of whether any addItIOnal regulatlOns or laws are needed to deal v.'1th ammals at
large. and WIth exotIC ammals on the Promenade with the Pollee Department and the Bayslde
Dlstnct The motIOn was unammously approved by VOIce vote
8-B: USE OF PUBLIC SIDEWALKS Presented was an ordmance for mtroductlOn and first
readmg deletmg Santa MOnIca MuniCIpal Code SectIOns 3 12350, relatmg to the use ofpubhc
SIdewalks. and replacmg It wIth a prohIbItIOn agamst sIrung or lymg on SIdewalks m the Thud
Street Promenade dunng specified hours
On order of the Mayor, the pubhc heanng was opened Members of the publIc Merlyn Ruddell
and Walt Danes spoke m support ofthe proposed ordmance and made suggestIOns for
modlfical1ons Members of the pubhc Barbara Tenzer and West Hooker spoke m support of the
proposed ordmance to be Implemented for the entIre Bayslde DlstnCt and made suggestions for
modificatIOns Member of the pubhc 101 Fullmer expressed her concerns Member of the pubhc
Steye Brackett spoke m support of the proposed ordmance to be applIed m a WIdespread manner
111 order to address problems throughout the City and made suggestIOns for other modIficatIOns
I'vlembers of the pubhc Phlhppe Haleux. Rod Barshook. and Susan Sherrard spoke m support of
the proposed ordmance Member of the pubhc Ron Cano requested that tlus ordmance be
Implemented on an emergency basiS for the enure Bayslde DIstnct and made suggestIOns for
modIficatIOns Members ofthe pubhc Jerry Rubm and lennafer Waggoner spoke m Opposltlon
to the proposed ordmance
i\lotlon hy Councllmember Genser. seconded by Councllmember O'Connor. to hear a later
speaker The motIOn was unanimously approved by vOice vote
l\lember of the publIc lohn Jurenka spoke In support of the proposed ordmance to be apphed m a
\\ Idespread manner In order to address problems throughout the Cuy There bemg no other
speakers. the IVlayor closed the pubhc heanng
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239
Motion bv Councilrnernber Ebner. seconded bv CouncIlmember O'Connor. to hear another late I
speaker The motion failed by VOIce vote. on a vote of 3-4
MotlOn bv Mavor Pro Tern Greenberg. seconded by Councilmember Genser, to mtroduce the
ordmance WIth the followmg modtficatlOns change hours from 6 00 a rn. to 8'00 p.m , make the
ordmance apphcable not only to sidewalks but also to roadways, and have the ordInance apply to
the entrre Bayside DIStrIct
Substitute MotlOXl by Councllmember Ebner. seconded by Councdmember Holbrook. to abandon
the proposed ordmance and dIrect the CIty Attorney to return at the meetmg of August 13. 1996.
WIth an emergency ordmance for the Bayslde Dlstnct for the hours of 6'00 a m to 8 00 pm.
IncludIng the roadways in addItIOn to the sIdewalks. and reflectmg the concerns expressed tins
evenmg
The monon. as amended, was approved by the followmg vote"
Ayes
CouncIlmernbers Abdo. O'Connor. Ebner. Holbrook, Genser.
Mayor Pro Tern Greenberg. Mayor Rosenstem
None
None
Noes
Absent
On order of the Mayor. the City Council recessed at 8 30 pm, and reconvened at 8 55 pm, with I
all members present
8-C: TEJ'\ANT HARASSMENT Presented was an emergency ordmance for adoptIOn
amendmg Santa MOnIca MunICIpal Code Chapter 4 56 relatmg to tenant harassment and
declanng the presence of an emergency
On order of the Mayor. the public hearIng was opened Member of the public JOl Fullmer
expressed her concerns Member of the pubhc John Jurenka spoke In OpposltlOn to the proposed
ordmance There bemg no other speakers, the Mayor closed the public hearmg
T\lotlon tn Mavor Rosenstem. seconded bv Councllmember O'Connor. to adopt Ordmance No
1859(CCS) entItled 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
\.'10:t\ICA All/lENDING CHAPTER 456 OF THE SANTA MONICA MUNICIPAL CODE
RELA TI'\"G TO TENANT HARASSMENT AND DECLARING THE PRESENCE OF AN
EMERGENCY'" readmg by tItle only and waivmg further readmg thereof
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July 30. ] 996
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The motion was approved by the followmg vote
Ayes
Councilmembers Genser. Holbrook. Ebner. O'Connor, Abdo.
Mayor Pro Tern Greenberg. Mayor Rosenstem
None
None
Noes
Absent
MotIOn by Mayor Rosenstem. seconded by Councilmember Genser, to dIrect the CIty Attorney
to momtor thIS law and penodIcally report to CouncIl on Its ImplementatIOn, and to be prepared
to make reconunendations about how this law can be unproved, If appropriate The motIOn was
unammously approved by voice vote
9-A: CONCEPT DESIGN PLAN/SOVTH BEACH IMPROVEMENTSIP ALISADES
PARK IMPROVEMENTS/BEACH IMPROVEMENT GROUP PROJECT At 10 17 pm
CouncIlmembers Genser and Holbrook declared a potentIal COnflIct of mterest relatIng to the
PalIsades Park Improvements The CIty Attorney suggested that the proceedmgs be segmented
and consIder heanng a single staff report, dIVIde consIderatIOn of the conceptual plan mto parts
In order to remove the pomon wlnch presents the conflIct Tlns would allow Council members
Genser and Holbrook to partICIpate III delIberatIons whIch do not Impact theIr mterests and they
can leave the dla5 when the portIon ofthe project that does mvolve the conflIct 15 dehberated
upon Presented was the staff report recommendmg approval of the Concept DeSIgn Plan for the
South Beach Improvements and PalIsades Park Improvements. Phase II of the Beach
lmproyement Group Project
MotlOn by CouncIlmember Gense!. seconded bv CouncIlmember Abdo. to extend the meetmg
past 11 00 p m The motIOn was unammously approved by VOIce vote.
The \'layor opened the meetmg for publIc comment Members of the pubhc Steve Ford, Russ
Saunders. R \Vnght. and Bruna Fmkel spoke m support of the deSIgn plan Members of the
publIc Bnan Klme and RIck Homer spoke m general support of the proposed deSIgn plan and
offered suggestlons for modIficatlons Member of the publIc MIchael Cates offered hIS expertIse
as a gymnastIcs Instructor Member of the pubhc Susan Henderson urged Council to mclude a
proVISIOn that the trees m the north SIde of Pahsades Park WIll be retamed and made suggestIons
for deSign of benches Member of the publIc Mark Rosenberg dIscussed the Importance of
'Chess Park" program Member of the publIc Alec Man suggested that a Vle\"1ng platform be
constructed for vIewmg up the coast and expressed VarIOUS concerns about plantmg and the
narro\\ parts of the park
'datIon b\ l\Jayor Pro Tern Greenberg, seconded by CouncIlmember Abdo. to approve the
Concept DeSIgn Plan for the South Beach Improvements. takmg mto conSIderatIOn the comments
and conccrns expressed thIS evemng The motlon was unammously approved by VOIce vote.
:Vlayor Rosenstem abstammg
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July 30. 1996
241
CouncIlmembers Genser and Holbrook were excused from deliberatIOns at II :40 pm.. due to the I
above-stated potentIal conflict of mterest
CouncIlmember Abdo. seconded bv Mavor Pro Tern Greenberg. to approve the Concept DesIgn
Plan for the PalIsades Park Improvements, takmg mto consIderatIOn the comments and concerns
expressed this evemng The motIon was approved by VOIce vote, Mayor Rosenstem abstaIned,
CouncIlmembers Genser and Holbrook absent
9-B: CLOSED SESSION Held at end of meetmg
CouncIlmembers Genser and Holbrook returned to the dIas at 11 A5 pm
14-A: APPOINTMENTSIBOARDS AND COMMISSIONS Mayor Rosenstem announced
that the floor would consIder nommatIOns to the Archltectural ReVlew Board
Mayor Pro Tern Greenberg: nomInated Howard Laks for the architect pOSItIOn Councilmember
Abdo nommated SergIO Zeballos There bemg no other nommatIOns, nonunatIOns were closed
On a call for the vote, SergIO Zeballos, professIonal hcensed archItect. was appoInted to the
archItect pOSItIon on the ArchItectural Revlew Board for B term endmg June 30. 2000
Councllmember O'Connor nommated Jane SpIller for the archItectural analyst pOSItIOn
CouncIlmember Holbrook nommated Howard Laks Mavor Rosenstem nommated Bruna I
F mkel There bemg no other nommatIons. nommatlOns were closed On a call for the vote. no
one nommee receIved the necessary four votes CouncIlmemher Abdo changed her vote to
SpIller \-1ayor Rosenstem changed lus vote to Laks, resultmg m the appomtment of Howard
Laks to the archItectural analyst pOSItIOn on the ArchItectural Revlew Board for a term endIng
June 30. 2000
\-.layor Rosenstem announced that the floor would conSIder nommatlOns to the Arts CommlsslOn
CouncIl member Abdo nommated La\\TenCe Shamfo Councllmember Holbrook nommated
Elizabeth Bloom There bemg no other nommatIOns. nommatIOns were closed On a call for the
vote. Lawrence ShapIfo was appomted to the Arts CommIssIOn for a term endmg June 30. 2000
\'layor Rosenstem announced that the floor would conSIder nommatIons to the Bayslde Dzstnct
Corporation
t\:1avor Rosenstem nommated Herb Katz and Joel McLaffertv Councllmember Abdo moved.
duly seconded. to reappomt Herb Katz and Joel McLafferty by acclamatIon to the Bayslde
DI'ltrJCl ( orporatlOl1 for terms endmg June 3D. 1999 The motIon was unanImously approved
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Mavor RosensteIn nomInated Ann Greenspun, Councilmember Genser nominated Patncia
Hoffman There bemg no other norrnnatlons. nommatIons were closed. On a call for the vote,
.Ann Greenspun was appointed to the Bayslde DIstrict CorporatIOn for a term endIng June 30.
1999. With Councilmembers Genser and O'Connor votIng for PatrIcia Hoffman
CouncIlmembers Genser and O'Connor requested theIr votes be changed In favor of Ann
Greenspun
Mavor Rosenstem nommated Tal (Talat) Mirza. Councilmember Genser nominated Patnc~a
Hoffman There beIng no other nominatIons. nommatIons were closed. On a call for the vote.
Tal (Talat) Muza was appoInted to the Bayslde DZS!rlct CorporatIOn for a term endIng June 30.
2000 On a call for the vote, Tal Mirza was appomted to the Bayslde D1Strict CorporatIOn for a
term endmg June 30.1999. With CouncIlmember Genser and Mayor Pro Tern Greenberg votIng
m favor of Patncla Hoffman CouncIlmember Genser and Mayor Pro Tern Greenberg requested
theIr votes be changed m favor of T alat MIrza.
'tvIavor Rosenstem nommated West Hooker for the unexpired term endmg June 30, 1998
Councllmember Genser nomInated PatriCia Hoffman There beIng no other normnatlons.
nommatIons were closed On a call for the vote. West Hooker was appoInted to the Bayslde
D,slnct CorporatIOn for a term endmg June 30. 1998. W'th CouncIlmembers Genser and
O'Connor votmg In favor ofPatncIa Hoffman
;vIa) or Rosenstem announced that the floor would conSider nommatiOns to the Housmg
ComrmsslOn
\-1ayor Rosenstem nommated Albert Rosen CouncIlmember Abdo moved. dulv seconded. to
appomt Albert Rosen to the Houszng CommlsslOn by acclamatiOn for a term endmg June 3D.
] Q98 The motIon was unanImously approved by VOIce vote
?vlayor Rosenstem announced that the floor would conSIder nommatlOns to the Soczal SerVIces
CommD5IOn
?vlavor Rosenstem nommated Anthony Ephnam and Chuck Perhter MotiOn bv Councllmember
Genser, duly seconded. to appomt Anthony Ephnam and Chuck PerlIter by acclamatlon to the
Soual 'lances CommiSSIOn for terms endmg June 30. 2000 The motIon was unanImously
approved by VOIce vote
Appomtments to the AIrport CommISSIOn. BUlldzng and Safety CommISSIOn. CommiSSIOn on the
StalU\ of Women Eleclrlcal Board oj Appeal,), Landmarks CommISSIOn. and PlumbmR &
Jlechamcal Board of Appeals were held untIl August 13. 1996
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14-B: POLICY OF RECEIVING LATE APPLICATIONS/APPLICANTS INTERESTED I
IN MEMBERSHIP/CITY BOARDS AND COMMISSIONS The request of CouncIlmember
Ebner to dISCUSS the polIcy of receIvmg late apphcatlOns from apphcants mterested In
membershIp on CIty boards and commISSIons was contmued to the meetmg of August 13. 1996
15: PUBLIC INPUT There were no speakers
9-A: CLOSED SESSION: At 12.20 am. Council adjourned to Closed SessIon for the purpose
of conference "\lIth Legal Counsel. and reconvened at 12:55 a.m.
I Conference \\11th Legal Counsel - EXIstIng LmgatlOn SolIe v CItv of Santa Momca.
Supenor Court Case No SC 037802
No actIon taken
'1
Conference wIth Legal Counsel - EXIstIng LItIgatIon Foodmaker Inc. v Cnv of Santa
".Vfomca. Case No FC 040926
1\:0 actIon taken
3 Conference WIth Legal Counsel - AntIcIpated LmgatlOn One case
MotIon by Mayor Pro Tern Greenberg. seconded by Counctlmember Ebner. to settle I
dIspute WIth IraJ SarvIan regardmg development fees for property located at 1043 11 th by
acceptmg offer to pay $30,000 upon Issuance of CertIficate of Occupancy
4 PublIc Employee EvaluatlOn
Employee Tale Cay Manager
No actIOn taken
ADJOLRNl'vfE?\T At 1 05 am. the meetIng was adjourned to Tuesday, August 13. 1996. at
6 30 p ill
ATT~ ~ ~0;5
APPROVED
;ty~
... Iana \1 5tewart
CIty Clerk
Paul Rosenstem
Mavor
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July 30, 1996