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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JUNE 11, 1996
A regular meetmg of the Santa Moruca CItV Council was called to order bv Mavor Rosenstem at
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637 pm. on Tuesday. June 11, 1996. m the Council Chambers
Ron Can
Present-
Mayor Paul Rosenstem
Mayor Pro Tern Asha Greenberg
Council member Judy Abdo
CouncIlmember Ruth Ebner
Councllmember Ken Genser
Councllmember Pamela O'Connor
Counctlmember Robert T Holbrook
Also Present
Cny Manager John Jahh
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
uruted States of Amenca
I~SPIRi\TION A moment ofmsplratlOn was proVIded by John Adams MIddle School Wood
Qumtet
4-A: INTRODUCTION/HANS NILSSON Mayor Rosenstein mtroduced Mr Hans NIlsson.
Duector of Energy EffiCIency Programs for the SwedIsh Energy MInIstry
6. CO:\"SENT CALENDAR The Consent Calendar was presented. whereby all Items are
conSIdered and approved III one motIOn unless removed from the calendar for dIScussIon. At the
request of CouncIlmember Gensel. Item No 6-1 was removed due to a potential conflIct of
mterest Member of the publIc Joy Fullmer dlscussed ltems on the Consent Calendar
MotIon by Councllmember Holbrook. seconded by CounCllmember O'Connor. to approve the
Consent Calendar, WIth the exceptIOn ofItem No 6-1. readmg resolutIOns by title only and
WaIvmg further readmg thereof The motIOn was approved by the followmg vote
June 11, 1996
186
Ayes
CouncIlmembers Genser. Holbrook. Ebner, O'Connor. Abdo.
Mayor Pro Tern Greenberg, Mayor Rosenstem
None
None
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Noes
Absent
6-A: MINrTES APPROV AL The CIty CouncIl mmutes of May 28. 1996. were approved as
submItted
6-B: CONTII\lJING EXISTENCE OF A LOCAL EMERGENCY (JANL"ARY 1994
EARTHQUAKE DAMAGE), ResolutIOn No 9039(CCS) entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE
OF A CONTThTUING LOCAL EMERGENCY." was adopted.
6-C: A \V ARD OF CONTRACT/CIVIC AUDITORIUM ACCESSIBILITY
IMPROVEMENTS Contract No 7207 was awarded to Des/Mar ConstructIon. In the amount
of$160.500, for constructIOn of CIVIC AudItOrIum accesslblhty Improvements and mInor repaIrs
6-D: A\VARD OF CONTRACTIP & J UTILITYIWATER MAIN REPLACEMENT
PROGRAl\t1 Contract No 7208 was awarded to P & J TJtIlny Company, in the amount of
5528.364. for the FY 1995-96 Water Mam Replacement Program at VarIOUS CIty locatIOns
6-E: STREETLIGHTS ResolutIOn of IntentIon 9021 (CCS) was amended settmg a pubhc
hearmg and declanng the CIty" s mtentIOn to assess property o\vners for costs and Issue bonds as
secunty for unpaid assessments for the msta1latIOn of streetlIghts The amendment changed the
publIc hearmg date from July 9. 1996 to August 13. 1996. m order to meet necessary notIficatIOn
deadlmes
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6-F: TR>\NSPORT A TION P ARTl\T}:R ResolutIon No 9040(CCS) entItled "A
RESOLLTIOK OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
IDENTIFYING SANTA MONICA AS A TRANSPORTATION PARTNER WITH THE
LOCAL GOVER..i~MENT COMMISSION'S CENTER FOR LIVABLE COMMUNITIES:' was
adopted
6-G: A:'l1"UAL REPORT ON COMPLIANCE/CALIFORNIA REVENUE AND
TAXA. TIOl'l CODEIRENTAL HOUSING CODE ENFORCEMENT The Annual Report on
ComplIance WIth CalIfornIa Revenue and TaxatIon Code SectIOn 17274 regardmg rental housmg
code enforcement for calendar year 1995 was adopted
6-H: A "'ARD OF BIDffiIESEL EXHAUST MITIGATION EOUIPMENT BId awarded to
Ward DIesel FIlter Systems, Inc. m the amountof$160,488 20. to furnish. delIver and Install
dIesel exhaust mItIgatIon eqUlpment on SIxteen (16) heavy fire apparatus
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June 11. 1996
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6...J: A\"ARD OF BID/STEP VAN MOUNTED TELEVISION SYSTEM BId No :2566 ,"-as
awarded to Sreeo-FlexIble, Inc , In the amount of $84,037 73. to furnIsh and delIver one (1) step
van mounted teleVIsIOn system (sewer lIne InSpectIOn)
6-K: A WARD OF BIDrrRASH RECEPTACLES AND ANCHOR BOLTS BId v.as
awarded to Keystone fudge DesIgn. Inc. In the amount of $52,205 73 to furnIsh and delIver trash
receptacles and anchor bolts for the SolId Waste DIvlSlon
6-L- A WARD OF BIDIBIN LIDS BId was awarded to Rotomcs MoldIng Industnes, at an
estImated annual cost of$35,000 to furnIsh and delIver marlex double wall two yard bIll lIds
model 3142R for the SolId Waste DIVISIOn
END OF CONSENT CALENDAR
6-1: A \V ARD OF CONTRACTffRAFFIC SIGNALS CouncIlmember Genser advIsed of a
potentIal conflIct of Interest relatIve to tlus Issue and was excused at 6 54 p m
MotIon b, Mavor Pro Tern Greenber!I. seconded bv Councllmember Holbrook. to award
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Contract No 7209 to C T & F . Ine, the lowest respollS!hle bIdder, In the amount of$131.715
for the mochficatIon of eIght IntersectIOn traffic sIgnals along MaIn Street and NeIlson Way The
motIon ,"vas approved by the followmg vote
Ayes
CouncIlmembers Holbrook. Ebner. O'Connor. Abdo.
Mayor Pro Tern Greenberg. Iv1ayor RosensteIn
None
CouncIlmember Genser
~oes
Absent
CouncIl member Genser returned to the dIas at 6.56 pm
7-A: APPEAL/CUP 95-017/DRIVE-UP WINDOW/JACK-IN-THE-BOX RESTAURA.~T/
2025 LINCOLN BOULEVARD Appeal 96-004 ofPlanmng COnllnISSlOn Approval of
CondItIonal Use PermIt ApplIcatIon (CUP 95-017) to allow the late-mght operatIOn of the dnve-
up \VIndow In the Jack-m-the-Box restaurant located at 2025 LIncoln Boulevard untIl May 1.
1998. \-,"as contmued to the meetIng of June 25. 1996
7-B: APPEAL/CUP 95-016N AR 95-033/DRIVE-UP WINDOW/JACK-IN-THE-BOX
RESTAURANT/2423 WILSHIRE BOULEVARD Appeal 95-016 ofPlannmg ComnnssIOn
Approval of Condmonal Use Penmt ApplIcatIOn (CUP 95-016) and Vanance ApplIcatIOn (VAR
95-033) to allow the late-mght operatIOn of the dnve-up \Nindow In the Jack-m-the-Box
restaurant located at 2423 WIlslure Boulevard untIl May 1. 1998, was contInued to the meetIng
of June 25. 1996
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June 11. 1996
188
7-C: APPEAL/CUP 95-007/DESIGN MODIFICATION/MODIFIED FEES! I
RESIDENTIAL CONDOMINIUM PROJECT/1043-104511TH STREET Presented was
the appeal of Planrnng COImmsslOn approval of Condmonal Use Penna 95-007 requestmg
desIgn modificatIon and modified fees for a five-urnt reSIdentIal cOndOmInIUm project at 1043-
1045 11th Street ApplIcant IraJ SarvIan. Appellant Enc Parlee
Mehrdad Fanvar. representmg apphcant Ira] SarvIan. spoke m support of the appeal and m
OppOSItIOn to the modIfied fees.
The Mayor opened the meetmg for pubhc comment Member of the pubhc Jay Johnson urged
CouncIl to uphold the fullm-heu fee and support staff recommendatIOn to mamtam the proper
step-back structure Member of the pubhc Joy Fullmer expressed her concerns
Mehrdad Fanvar and IraJ SarvIan presented a rebuttal
At 743 pm. CouncIl adjourned to Closed SeSSIOn to dISCUSS potential lItIgatIOn m thIS matter.
and reconvened at 7 48 P mo. wIth all members present
Mayor Rosenstem announced that thIS Hem wIll be contIJ1ued to the meetmg of July 9, 1996
8-A: ORDINANCEIFIREARMS DEALERSIDPS Tlus ordmance was presented for second
readmg and adoptIOn
CouncIlmember Ebner excused at 7 49 P ill
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I'vlotIon by \.layor Pro Tern Greenberg. seconded by Councllmember Abdo. to adopt Ordmance
r-,"o 1852(CCS) entItled ~'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
5A.\"TA :VfO~ICA REPEALING EXISTING CHAPTERS 6 20 AND 6 24, AMENDING.
REPEALI:JG OR ADDING VARIOUS SECTIONS OF CHAPTERS 6 04. 6 08. 6 16,628.
632,636_ 644.648.684.688 AND 6 92 AND ADDING NEW CHAPTERS 6 14 A!\TD 6 46
TO ARTICLE 6 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
REGULATORY RESTRICTIONS ON BUSINESS ACTIVITIES:- readmg by tItle only and
\van:mg further readmg thereof The mobon was approved by the follov.'1ng vote
Ayes
Councllmembers Genser. Holbrook. O'Connor. Abdo.
Mayor Pro Tern Greenberg, Mayor Rosenstem
None
CouncIlmember Ebner
Noes
Absent
8-B: ORDINANCEIEARTHOUAKE DAMAGED STRUCTURES Tills ordmance was
presented for second readmg and adopnon
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MotIOn b~ Mayor Pro Tern Greenberg. seconded by Councdmember Holbrook. to adopt
Ordmance No 1853(CCS) entitled. '"AN ORDINANCE OF THE CITY COUNCIL OF THE
CIT'{ OF SANTA MONICA ALLOWING DEMOLITION OF EARTHQUAKE DAMAGED
STRuCTURES \vlTHOUT A REPLACEMENT PLAN ON AN INTERIM BASIS:' readmg by
tItle only and waIvmg further reading thereof The motIon was approved by the follO\vmg vote
Ayes
CouncIlmembers Abdo. O'Connor. Holbrook. GenseL
Mayor Pro Tern Greenberg. Mayor Rosenstem
None
Councllmember Ebner
Koes
Absent
Councllmember Ebner returned to the dlas at 7.52 p m
8-C: ORDINANCE/ABATEMENT OF PUBLIC NUISANCES Tills ordmance was
presented for second readmg and adoptIOn
}.<lotIOn by Mayor Pro Tern Greenberg. seconded by CouncIlmember GenseL to adopt Ordmance
No 1854(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
5A);TA MONICA AMENDING CHAPTERS 2 32 AL"'\fD 8 12 OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO THE ABATEMENT OF PUBLIC NUISANCES AND
TO THE USE OF SUBPOENAS BY HEARING EX-\MINERS AND BOARDS AND
COM~\/lISSIO~S'" readmg by tItle only and waIvmg further readmg thereof The motIOn was
approved by the followmg vote
Ayes
CouncIlmembers GenseL Holbrook. Ebner, O'Connor. Abdo. Mayor Pro
Tern Greenberg. Mayor Rosenstem
None
None
)Joes
Absent
9-;'\: CLOSED SESSION' Held at end ofmeetmg
9-B: CULTURAL ARTS MASTER PLAN UPDATE Presented was the staff report
recommendmg adoptIOn of the 1996 Santa MOnIca Cultural Arts Master Plan Update. MISSIOn
Statement and Goals. and. duectlOn to staff to Implement recommendatlons whIch are WIthm
aVaIlable resources
On order ofthe Mayor. the pubhc heanng was opened Member of the pubhc Joy Fullmer
expressed her concerns Members of the publIc Hamette McCauley. Matt Kramer. ChrIS
DeCarlo, Tom Rhoads. Chnstma Fernandez-Carol. LeIgh Curran. Jascha Kessler. Clayton
Campbell. CeCIlIa Bresnahan, Ahce Fellows. Dorothy Chapman, and Bruna Fmkel spoke m
support of the arts Members of the publIc Jean Ann Holbrook and Donna Alvarez commented
on the master plan
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June 1 L 1996
190
MOllon bv Councllmember Genser. seconded bv CouncIlmember O'Connor. to hear a late
speaker The motIon was unammously approved by VOIce vote
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Member of the pubhc Bnan Hutclungs dIscussed current data that correlates lugher test scores
with students who partIcipate m the arts
There bemg no other speakers, the Mayor closed the publIc heanng The remamder of thIS Item
was contmued to the meetmg of July 9.1996
On order of the Mayor. the Cny Council recessed at 9 13 pm. and reconvened at 9 45 P m.. With
all members present
9-C: rCBLIC SAFETY FACILITY Presented was the Status Report on proposed constructIon
of the PublIc Safety Faclhty
On order of the Mayor. the publIc hearmg was opened Member of the publIc Joy Fullmer
expressed her concerns Member of the publIc Tom FranCIS suggested evaluatmg nelghborhood-
onented substatIOns rather than havrng the entIre polIce department m one facIlIty Member of
the publIc Enc Parlee spoke m support of the proposed pl.'l,lIc safety facIlIty There bemg no
other speakers_ the Mayor closed the pubhc heanng
13-A: E. TO~Y SADEGHIIVENDING OF ICE CREAM Mr E Tony SadeghI. who had
requested to address the CIty CouncIl regardmg a petItIOn from students and parents to allow the
vendmg of Ice cream at the rear ofFranklm Elementary School and Lmcoln MIddle School, and
SectIOn 6 24 690 of the MUnICipal Code \vhlch prohibits vendmg wlthm two hundred feet ofa
pubhc school \vas not III attendance
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Ko actlOn was taken The report was receIved and filed
14-A: PROHIBITION OF SITTING OR LYING DO\VN ON PUBLIC SIDEW ALKSf
COMMERCIAL AREAS Presented \vas the request of Mayor Pro Tern Greenberg to dISCUSS
an ordmance that would prohibIt sIttmg or lymg dOV\'l1 on pubhc SIdewalks III commerCIal areas
between deSIgnated hours and hmltmg hours of use of publIc art dIsplay areas m the ThIrd Street
Promenade
The ~tayor opened the meetmg for publIc comment Members of the publIc Dan Ehrler and Ene
Parlee spoke m support of the proposed ordmance Members of the pubhc Tom FrancIs. BrIan
Hutchmgs. and Jerry Rubm spoke m OppOSItIOn to the proposed ordmance Member of the
pubhc :vlerlyn Ruddell discussed a SImIlar ordmance from Seattle and made suggestIOns for the
proposed ordmance
MallOn bv CouncIlmember Genser. seconded bv CouncIlmember O'Connor. to contmue the
meetIllg past 11 00 P m The motIOn was unammously approved by VOIce vote
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Members of the publIc Jodie Page and Ron Cano spoke III support of the proposed ordmance
MotIOn bv Councllmember Holbrook. seconded by Councilmember Ebner. to ask staffto review
the dIscussIOn held thiS evemng. return WIth recommendatIOns to address the matter. and. If
appropnate. prepare relevant ordmances
MotIon by Councilmember Genser. accepted as fnendly. to also mclude that staff mvestlgate
and Implement any short-term adnumstratlVe optIOns and. If appropnate. any programmatIc
optIOns which might be of assistance The monon. as amended. was unarnmously approved by
VOIce vote
14-B: OPPOSITION/"GU~ PACKING" BILL Presented was the request of Mayor
Rosenstem to dISCUSS the adoptIOn of a resolunon m OppOSItIOn to AB 638. knm.vn as the "'Gun
Packmg" bilL which \\'111 affect the discretion of a polIce chief or a shenffto Issue a concealed
weapons permIt
\1011on by Mayor Rosenstem. seconded by Mayor Pro Tern Greenberg. that the CIty CouncIl go
on record In Opposl1lon to AB 638. kno\.m as the "'Gun Packmg" bIll and authonze staff to
convey SaId feelmgs to the legislature The motlon was unanImously approved by vOIce vote
15: PUBLIC INPUT Member of the publIc MIchael Fnedman urged that care be taken \\'lth
Item)lo 14-A. above
CLOSED SESSION At 11 11 50 p m _ CouncIl adjourned to Closed SessIOn for the purpose of
conference WIth Labor NegotIator
eny NegotIator
Bargammg Umts
Karen Bancroft. Personnel DIrector
AdmmlstratlVe Team ASSOCiates (ATA)
ExecutIve Pay Plan (EPP)
Legal Support Staff Assoclatlon of Santa Momca
(LSSASM)
Management Team ASSOCIates (MTA)
Mumclpal Employees ASSOCIatIOn (MEA)
PublIc Attorneys Cruon (PAU)
Santa Moruca FIrefighters Local 1109 (SMFFA)
Santa Mornca Pohce Officers ASSOCIatIon (SMPOA)
SupervIsors Team ASSOCiates (STA)
Umted TransportatIon Druon (UTU)
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Conference WIth Legal Counsel- EXlstmg LmgatIOn Foodmaker.lnc y CIty of Santa
~vtomca. Case ~o Fe 040926
?\io actlon taken on the closed sessIOn
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ADJOURNMENT At 1.15 a rn. the Cny CouncIl reconvened and then adjourned
ATTEST
APPROVED
~~c.S
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\,Iana M Stewart
Cny Clerk
Paul Rosenstem
Mavor
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June 1 L 1996
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