M-032195302
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 21, 1995
An adjourned meeting of the Santa Monica City Council was called to order by Mayor
Rosenstein at 6:35 P.M., on Tuesday, March 21, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
(arrived at 6:36 P.M.)
Councihmember Ruth Ebner
Councihmember Ken Genser
Councilmember Pamela O'Connor
Councilmember Judy Abdo
Absent: Councilmember Robert T. Holbrook
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
Councilmember Ebner led the assemblage in the Pledge of Allegiance to the Flag of the United
States of America.
Mayor Pro Tempore Greenberg reported present at 6:36 P.M.
6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are
considered and approved in one motion unless removed from the calendar for discussion.
Members of the public Joy Fullmer, Elizabeth Hoag, and Colin Petrie addressed items on the
Consent Calendar. Councilmember Genser moved to approve the Consent Calendar reading
resolutions and ordinances by title only and waiving further reading thereof. Second by
Councilmember O'Connor. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Greenberg, Genser, Ebner, Abdo,
Mayor Rosenstein
Absent: Councilmember Holbrook
6-A: MINUTES APPROVAL: The City Council minutes of February 7, 21, 28, and March
7, 1995, were approved as submitted.
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6-B: UPPER-LEVEL STEPBACK REOUIREMENTS: Ordinance No. 1791(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL' OF THE CITY OF SANTA MONICA
AMENDING THE ZONING ORDINANCE TO ESTABLISH UPPER-LEVEL STEPBACK
REQUIREMENTS IN THE R2, R3, R4, AND R3R ZONING DISTRICTS, AND AMENDING
UPPER-LEVEL STEPBACK REQUIREMENTS IN THE BR R3 OVERLAY DISTRICT, "was
adopted.
6-C: REGULATION OF MASSAGE TECHNICIANS: Ordinance No. 1792(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.104.030, 6.104.080,
6.104.110 AND 6.104.170 RELATING TO REGULATION OF MASSAGE TECHNICIANS, "
was adopted.
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution No.
8874(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY,"
was adopted.
6-E: SALARY RATE/MAINTENANCE CREW LEADER: Resolution No. 8875(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF MAINTENANCE CREW
LEADER," was adopted.
6-F: U.S. CONSTITUTION DAY PARADE/SEPTEMBER 16 1995: Resolution No.
8876(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE HOLDING OF A PARADE OF SEPTEMBER 16, 1995, ON
A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was adopted.
6-G: CERTIFICATION/STATEMENT OF OFFICIAL ACTION/APPEAL/DR
94-006/ARBORETUM DEVELOPMENT AGREEMENT/SUPERMARKET: The Statement
of Official Action for the Appeal of Planning Commission denial of DR 94-006 (Arboretum
Development Agreement Review of specific buildings) to allow the construction of a supermarket
was approved.
6-H: AWARD OF CONTRACT/PICO-KENTER STORM DRAIN HYDROCARBON
SENSOR SYSTEM PROJECT: Contract No. 7134(CCS) was awarded to Cecon Company,
the lowest responsible bidder, for the installation of the Storm Drain Hydrocarbon Sensor
System, in the amount of $209,000 contingent upon the execution of the new Agreement and the
City Engineer was authorized to issue any necessary change orders to complete additional work
in conformance with the Administrative Instructions on change orders.
6-I: SHORT RANGE TRANSIT PLAN UPDATE/LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY: The City Manager was authorized
to file the required Short Range Transit Plan updates with the Los Angeles County Metropolitan
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Transportation Authority and the Southern California Association of Governments and to file
applications for transit subsidy funds made available by the Los Angeles County Metropolitan
Transportation Authority.
END OF CONSENT CALENDAR
4-A: PRESENTATION/HUD CERTIFICATES OF APPRECIATION/EARTHQUAKE
HOUSING PROGRAM: Mayor Rosenstein presented Certificates of Appreciation from the U.
S. Department of Housing and Urban Development regarding Earthquake Housing Program.
7-A: CUP 94-009/EIR 95-001/STATEMENT OF OVERRIDING CONSIDERATIONS/3223
SANTA MONICA BOULEVARD: Presented was the staff recommendation to uphold the
appeal and approve Conditional Use Permit 94-009; adopt resolutions certifying Environmental
Impact Report 95-001 and adopt the Statement of Overriding Considerations at 3223 Santa
Monica Boulevard (auto dealership with service bays). Applicant: Shahab Ghods. Appellants:
Judy Abdo and Kelly Olsen. There was no presentation by the appellants. Applicant Shahab
Ghods spoke in support of the staff report, with the exception of Condition No. 70, which
mitigations will be offered to the City of Los Angeles. Council asked questions of Mr. Ghods.
Member of the public Joy Fullmer expressed her concerns. Councilmember Genser moved to
hear a late speaker. Second by Councilmember Abdo. The motion was unanimously approved,
Councilmember Holbrook absent. Member of the public Eveline Leigner expressed her concern
with the condition of the intersection at Centinela. Applicant Shahad Ghods presented a rebuttal.
Council asked questions of staff. Mavor Pro Tempore Greenber¢ moved to uphold the appeal
and approve the CUP with the modification that the offer to the City of Los Angeles as outlined
in Condition No. 70 be done when the Certificate of Occupancy is granted. Second by
Councilmember Ebner. Discussion was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, O'Connor,
Mayor Rosenstein
Absent: Councilmember Holbrook
Mayor Pro Tempore Greenberg moved to adopt Resolution No. 8877(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE
CHEVROLET/GEO AUTOMOBILE DEALERSHIP AT 3223 .SANTA MONICA
BOULEVARD," and Resolution No. 8878(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA MAKING CEQA FINDINGS NECESSARY
TO APPROVE CHEVROLET/GEO DEALERSHIP AT 3223 SANTA MONICA BOULEVARD
AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION," reading by title
only and waiving further reading thereof. Second by Councilmember Ebner. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, O'Connor,
Mayor Rosenstein
Absent: Councilmember Holbrook
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8-A: ORDINANCE/REOUIItED PARKING SPACES/COMMON SUBTERRANEAN
PARKING STRUCTURES: Presented was an ordinance for introduction and first reading
amending Santa Monica Municipal Code Sections 9.04.10.08.190 and 9.04.10.08.200 regarding
location of required parking spaces and common subterranean parking structures. At 7:08 P.M.,
Mayor Rosenstein declared the public hearing open. Member of the public Joy Fullmer
expressed her concerns. Mayor Rosenstein closed the public hearing at 7:09 P.M. Mayor Pro
Tempore Greenber¢ moved to introduce for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.10.08.190 AND 9.04.10.08.200
REGARDING COMMON SUBTERRANEAN PARKING STRUCTURES AND LOCATION
OF REQUIRED PARKING SPACES, "reading by title only and waiving further reading thereof.
Second by Councilmember Ebner. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Greenberg, Genser, Ebner, Abdo,
Mayor Rosenstein
Absent: Councilmember Holbrook
9-A: PROHIBITION OF DEVICES WITH WHEELS/THIltD STREET PROMENADE/
PUBLIC PARKING STRUCTURES/DOUGLAS PARK/LINCOLN PARK: Presented was
the staff report recommending adoption of a resolution pursuant to Santa Monica Municipal Code
Sections 3.12.590, 3.12.600 and 3.12.610 to prohibit the use of roller skates, skateboards, and
similar devices with wheels on the Third Street Promenade, in public parking structures, in
Douglas Park and Lincoln Park. Council asked questions of staff. Member of the public Joy
Fullmer expressed her concerns. Members of the public Jacob Goldman, Gerald Goldman,
Richard Grossi, Robert Wright, and Tommy and Ryan spoke in opposition to the proposed
prohibitions. Member of the public Casey Ure spoke in support of the proposed prohibitions.
Member of the public Jerry Rubin spoke in opposition to the proposed prohibitions and
suggested the adoption of a reckless skating law. Councilmember Abdo moved to hear late
speakers. Second by Councilmember O'Connor. The motion was unanimously approved,
Councilmember Holbrook absent. Members of the public Harry Perry, Sherry Leadmon, and
Mike Feinstein spoke in opposition to the proposed prohibitions and suggested the adoption of
a reckless skating law. Member of the public Randall Ott spoke in opposition to the proposed
prohibitions. Council asked questions of staff. Discussion was held. Councilmember O'Connor
moved to direct staff to investigate options such as a citywide reckless skating ordinance (with
an emphasis on parks and the Third Street Promenade) to determine application and enforcement
issues and investigate the opportunities for after school activities for children and how the parks
play a part in that activity. Second by Councilmember Abdo. Council asked questions of staff.
Discussion was held. Mayor Pro Tempore Greenbere moved a substitute motion to have a total
ban on skateboards, and similar devices, in the parking structures; ask staff to investigate
whether or not there are areas in Lincoln Park and Douglas Park which could be set aside for
skating; ask staff ,to investigate a reckless skating ban on the Promenade and determine a
definition for "reckless skating" (including flips, backward skating, etc.) which would be either
an infraction or a misdemeanor, depending upon how the City would like to charge it; and ask
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staff to conduct discussions- with the schools to determine if there is some way for the schools
to allow skating and bicycling on the school grounds. Second by Councihnember Genser.
Councihnember O'Connor withdrew her motion. Councilmember Genser moved to amend the
motion with regard to skating in the parks that a stipulation be made as to where skating should
be prohibited rather than where it should be allowed. Discussion was held. Councilmember
Genser withdrew his amendment. Councilmember Genser moved to amend the motion to
investigate the prohibition of skateboards on the Promenade. The motion was accepted as
friendly. Discussion was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, O'Connor
Negative: Mayor Rosenstein
Absent: Councilmember Holbrook
At 8:52 P.M., Council adjourned for a short recess. Council reconvened at 9:11 P.M. with all
members present.
9-B: SETTLEMENT AGREEMENT/NATIONAL MEDICAL ENTERPRISE: Presented
was the staff report recommending authorization for the City Manager to negotiate and execute
a settlement agreement with National Medical Enterprise. Council asked questions of staff.
Member of the public Joy Fullmer expressed her concerns. Members of the public Mat Millen,
Peter Tigler, and Chris Harding spoke in support of the staff recommendation. Member of the
public Merritt Coleman addressed items in the staff report. Member of the public Sabine
Schlosser spoke in support of a fair settlement. Discussion was held. Councilmember Genser
moved to enforce the provisions for the community room in the existing development agreement.
The motion died for lack of a second. Councilmember Abdo moved to accept National Medical
Enterprise's settlement proposal; direct staff to work with the Pico Neighborhood Association
and Mid-City Neighbors to develop an acceptable plan for use of these funds; and long-term
park planning efforts include strategies for enhancing parks and open space in the impacted
neighborhoods. Second by Mayor Pro Tempore Greenberg. Discussion was held. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Greenberg, Ebner, Abdo, Mayor
Rosenstein
Negative: Councilmember Genser
Absent: Councilmember Holbrook
9-C: CLOSED SESSION: Held at end of meeting.
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14-A: REVIEW STANDARDS/ZONING ORDINANCE/PEDESTRIAN ORIENTATION/
NEW BUILDINGS AND REMODELS: Presented was the request of Mayor Rosenstein to
discuss directing staff to review possible standards for the Zoning Ordinance to improve
pedestrian orientation of new buildings and remodels of existing buildings in appropriate zones
of the City. Discussion was held. Mayor Rosenstein moved to ask staff to return with a remedy
for ensuring that retail facilities on commercial strips are pedestrian oriented and pedestrian
friendly. Second by Councilmember Genser. The motion was approved, Councilmember Ebner
opposed, Councilmember Holbrook absent.
14-B: SUPPORT OF SB335/PROVISION OF MINIMUM SECURITY/APARTMENTS:
Presented was the request of Councilmember O'Connor to discuss support of SB335, which
requires that apartment owners provide minlnum security in rentals such as, lights, deadbolts,
and window locks. Councilmember O'Connor moved to support SB335. Second by
Councilmember Abdo. Discussion was held. The motion was approved, Mayor Pro Tempore
Greenberg abstained, Councilmember Holbrook absent.
14-C: UPDATE/METHODS OF INCREASING CONTROLS/PURCHASE OF GUN
AMMUNITION AND FIItEARMS: Presented was the request of Mayor Rosenstein and
Councilmember Abdo to request an update from staff on methods of increasing controls on the
purchase of gun ammunition and firearms. Members of the public Joanne Leavitt and Pam
Brady spoke in support of the proposal. Councilmember Abdo moved to hear late speakers.
Second by Councilnember O'Connor. The motion was unanimously approved, Councilmember
Holbrook absent. Members of the public Robert Wright and Joy Fullmer expressed their
concerns. Mayor Rosenstein moved to direct staff to return with an ordinance based upon the
Pasadena ordinance controlling the sale of ammunition in the City. Council asked questions of
staff. Second by Councilmember Abdo. Discussion was held. The motion was unanimously
approved, Councilmember Holbrook absent. Councilmember Abdo moved to support the efforts
of the coalition and the City be a leader in this coalition for non-violent Santa Monica and ask
staff to take steps necessary to move the City in this direction, and ask staff to coordinate this
with the school district, the college, and any other institutions. Second by Mayor Rosenstein.
Discussion was held. The motion was approved, Councilmember Ebner abstained and
Councilmember Holbrook absent.
14-D: CALIFORNIA STATE DEPARTMENT OF JUSTICE/USE OF COUNCIL
CHAMBERS: Presented was the request of Mayor Rosenstein to discuss approval of the
California State Department of Justice to use the Council Chambers on March 23, 1995, and
waiver of customary fee. Mayor Rosenstein moved to approve the California State Department
of Justice to use the Council Chambers on March 23, 1995, and waive the customary fee.
Second by Councilmember Abdo. The motion was unanimously approved, Councilmember
Holbrook absent.
14-E: GUIDELINES/COUNCIL TRAVEL/EXPENSES/USE OF CITY AND COUNCIL
STAFF: Presented was the request of Mayor Pro Tempore Greenberg to discuss directing staff
to draft guidelines defining the scope of authority of councilmembers as it generally relates to
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travel, expenses, and use of city and council staff. Mavor Pro Tempore Greenberg moved to
direct staff to draft guidelines with regard to segregating the travel policy for councilmembers
from the general city travel policy, the implementation of a small expense account
(approximately $150 per year) for councilmembers, the use of city and council staff and
resources, and guidelines as to those tasks and provision of information which staff can and
cannot perform for councilmembers. Second by Mayor Rosenstein. Discussion was held. The
motion was unanimously approved, Councihnember Holbrook absent.
14-F: SUPPORT OF PUBLIC BROADCASTING: Presented was the request of Mayor
Rosenstein to adopt a resolution in support of public broadcasting and direct staff to
communicate this action to the appropriate authorities. Mayor Rosenstein moved to take a
position in support of public financing of public broadcasting and authorize staff to communicate
this action to the appropriate authorities. Second by Councihnember Abdo. The motion was
unanimously approved, Councilmember Holbrook absent.
Councihnember Abdo moved to extend the meeting to 12:00 Midnight. Second by
Councilmember O'Connor. The motion was unanimously approved, Councilmember Holbrook
absent.
14-G: RESTRIPING/OCEAN PARK BOULEVARD: Presented was the request of
Councilmember Ebner to discuss restriping of Ocean Park Boulevard. Members of the public
J. Steel, Susan Papadakis, discussed noticing with regard to the restriping of Ocean Park
Boulevard. Member of the public Kip Kolodziejski discussed noticing with regard to the
restriping of Ocean Park Boulevard and spoke in support of the City's original agreement.
Members of the public Mike Feinstein, Frank Gruber, Jane Spiller, Bob Taylor, and Terri Walsh
spoke in support of restriping Ocean Park Boulevard. Mavor Pro Tempore Greenbere moved
to hear a late speaker. Second by Councilmember Genser. The motion was unanimously
approved, Councilmember Holbrook absent. Member of the public Pauline Bohannon spoke in
support of restriping Ocean Park Boulevard. Councilmember Ebner moved to direct staff to
explore means of getting notice to the citizens from the city about any kind of neighborhood
traffic plan that would impact the neighborhood and asked that staff determine the cost to send
notices directly and the cost to the city to send notices through the neighborhood organizations.
Second by Councilmember Abdo. Council asked questions of Councilmember Ebner.
Discussion was held. The motion was withdrawn.
14-H: COUNCIL TRAVEL ALLOWANCE/CALIFORNIA EXECUTIVE ACADEMY:
Presented was the request of Mayor Pro Tempore Greenberg for approval of Council Travel
Allowance to attend the California Executive Academy, sponsored by the Governor's Office of
Intergovernmental Affairs, to be held on April 12 and 13, 1995, in Sacramento. Mayor Pro
Tempore Greenberg moved to approve the attendance of any councilmember who so desires to
attend the California Executive Academy be allowed to utilize Council Travel Allowance.
Second by Councilmember Genser. The motion was unanimously approved, councilmembers
Ebner and Holbrook absent.
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15: PUBLIC INPUT: Member of the public Toy Fulhner expressed her concerns on various
issues. Member of the public Pro Se discussed the City's water policy as it applies to low
income seniors and low income disabled persons.
9-C: CLOSED SESSION:. At 11:52 P.M., Council adjourned to Closed Session for
conference with Legal Counsel with regard to the following:
1. Santa Monica Housine Council v. City of Santa Monica, LASC #SS005191;
2. Watergarden Association v. City Council, et al., LASC #BS032737;
3. Friends of Sunset Park v. Citv of Santa Monica, LASC #BS032734;
4. In the Matter of Michael Landis and City of Santa Monica, Case No. 571-34-
9935-L-61721. Not discussed.
No action was taken.
At 12:34 A.M., Council reconvened, Councihnember Holbrook absent.
ADJOURNMENT: At 12:36 A.M., the meeting was adjourned in memory of Langdon Bower.
ATTEST:
~~~~
Beth Sanchez
Assistant City Clerk
APPROVED:
4~
Paul Rosenstein
Mayor
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March 21. 1995