M-032895310
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 28, 1995
A regular meeting of the Santa Monica City Council was called to order by Mayor Rosenstein
at 6:34 P.M., on Tuesday, March 28, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councihnember Ruth Ebner
Councilmember Ken Genser
(arrived at 6:35 P.M.)
Councilmember Robert T. Holbrook
(arrived at 6:50 P.M.)
Councilmember Pamela O'Connor
(arrived at 6:38 P.M.)
Councilmember Judy Abdo
Also Present: City Manager John JalIli
City Attorney Marsha Jones Moutrie
Assistant City Clerk Beth Sanchez
Councilmember Greenberg led the assemblage in the Pledge of Allegiance to the Flag of the
United States of America.
Councilmember Genser reported present at 6:35 P.M. and Councilmember O'Connor reported
present at 6:38 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.
Member of the public Joy Fullmer addressed items on the Consent Calendar. Mayor Pro
Tempore Greenberg moved to approve the Consent Calendar reading resolutions and ordinances
by title only and waiving further reading thereof. Second by Councilmember Ebner. The
motion was approved by the following vote:
Council vote: Affirmative: Councilnembers Abdo, Ebner, Genser, Greenberg, O'Connor,
Mayor Rosenstein
Absent: Councilmember Holbrook
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6-A: USED OIL OPPORTUNITY GRANT APPLICATIONlCALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD: Resolution No. 8880(CCS) entitled: "A RESOLUTION
OF TAE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MANAGER TO SUBMIT AND EXECUTE A USED OIL OPPORTUNITY GRANT
APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, "
was adopted.
6-B: EXTENSION OF TI1V)ME PERIOD/LANDMARKS COMMISSION CERTIFICATE OF
APPROPRIATENESS/REPLACEMENT FENCE/415 PACIFIC COAST HIGHWAY:
Resolution No. 8881(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE TIME PERIOD FOR EXERCISING A
CERTIFICATE OF APPROPRIATENESS PERMITTING A REPLACEMENT FENCE AT 415
PACIFIC COAST HIGHWAY," was adopted.
6-C: PROFESSIONAL SERVICES CONTRACT/ROOF DESIGN SERVICES/PIER
CAROUSEL/CITY YARDS TRANSFER STATION: Contract No. 7135(CCS) was approved
with Pugh Scarpa Kodama Associates in an amount not to exceed $82,000 for roof design
services for the Pier Carousel building roof and the City Yard transfer station.
6-D: PROFESSIONAL SERVICES CONTRACT/PREPARATION OF BIDDING
DOCUMENTS/ACCESSH{ILTTY IMPROVEMENTS: Contract No. 7136(CCS) was
approved with People's Housing Inc. in the amount of $100,000, for the preparation of bidding
documents for accessibility improvements at various City locations.
END- OF CONSENT CALENDAR
8-A: EARTHQUAKE RECOVERY ACT: Presented was an ordinance for introduction and
first reading amending the Earthquake Recovery Act to allow variations in height and retention
ofnon-conforming setbacks in specified circumstances for replacement buildings. At 6:42 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 6:43 P.M. Council
asked questions of staff. Councilmember Holbrook arrived at 6:50 P.M. Mayor Rosenstein
moved to introduce the ordinance for first reading as presented with the proviso to add Section
11 to page 22, which would read: "For purposes of the Planning Commission review of an
application for Earthquake Recovery Permit, two members of the Architectural Review Board,
appointed by that body, shall sit with and vote with the Planning Commission and five
affirmative votes will be required for approval," and renumber subsequent sections. Second by
Mayor Pro Tempore Greenberg. Discussion was held. Councilmember Abdo moved to amend
the motion that page 21(c)(1) of the ordinance be amended to stipulate that the Planning
Commission must make findings as follows: (1) the structure's architectural design is
compatible with the area in which it is located; (2) the plans for the proposed building or
structure are expressive of good taste, good design, and, in general, contributes to the image of
Santa Monica as a place of beauty, creativity, and individuality; and (3) the proposed building
or structure is not of an inferior quality such as to cause the nature of the local neighborhood
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or environment to materially depreciate in appearance or value. Discussion was held. The
motion was accepted as friendly. Discussion was held. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers O'Connor, Holbrook, Greenberg, Genser, Abdo,
Mayor Rosenstein
Negative: Councilmember Ebner
By virtue of the above action, an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND REENACTING THE
EARTHQUAKE RECOVERY ACT," was introduced for first reading, as amended, reading by
title only and waiving further reading thereof.
8-B: AMENDMENT TO ZONING ORDINANCE/DEFINITIONS/ADJUSTMENTS:
Presented .was an ordinance for introduction and first reading amending Zoning Ordinance
Sections 9.04.02.030 regarding definitions and 9.04.20.34.030 regarding adjustments. Council
asked questions of staff. At 7:24 P.M., Mayor Rosenstein declared the public hearing open.
Member of the public Joy Fullmer expressed her concerns. Member of the public Alex Capron
spoke in support of the adjusted amendment to the definition of average natural grade. Mayor
Rosenstein closed the public hearing at 7:28 P.M. Council asked questions of staff. The
remainder of this item was trailed until later in the meeting.
8-C: DRIVE-IN/DRIVE-THROUGH/FAST FOOD RESTAURANTS: Presented was an
ordinance for introduction and first reading requiring drive-in, drive-through and fast food
restaurants located adjacent to residentially zoned properties to obtain a conditional use permit
for specified drive-up windows hours of operation on an interim basis; and recommendation to
adopt a resolution of intention directing Planning Commission to initiate an amendment to the
Zoning Ordinance to regulate hours of operation as of May 1, 1998. Council asked questions
of staff. At 7:53 P.M., Mayor Rosenstein declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. Members of the public lack Rubens, John
Emanuelli, and Mitesh Gala spoke in opposition to the proposed ordinance and spoke in support
of Foodmaker, Inc.'s proposal to voluntarily reduce the hours of operation of the drive-through
and construct a sound wall. Member of the public Donald Brandt, Leon Ferder, Giok Brandt,
and Allison Velkes spoke in support of the proposed ordinance and in opposition to the proposal
made by Foodmaker, Inc. Members of the public Judy Silverman, Ron Velkes, and Sylvia
Shniad spoke in support of the proposed ordinance. Members of the public Linda Tones and
Robert Chairez spoke in opposition to the proposed ordinance. Mayor Rosenstein closed the
public hearing at 8:23 P.M. Mavor Pro Tempore Greenbere moved to introduce for first
reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA REQUIRING DRIVE-IN, DRIVE-THROUGH AND FAST FOOD
RESTAURANTS LOCATED ADJACENT TO RESIDENTIALLY ZONED PROPERTIES TO
OBTAIN A CONDITIONAL USE PERMIT FOR SPECIFIED DRIVE-UP WINDOW HOURS
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OF OPERATION ON AN INTERIM BASIS," reading by title only and waiving further reading
thereof. Second by Councihember Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Holbrook, Greenberg, Genser, Ebner,
Abdo, Mayor Rosenstein
Council asked questions of staff. Mayor Pro Tempore Greenberg moved to adopt Resolution
No. 8882(CCS) entitled: "A RESOLUTION OF INTENTION OF DIRECTING THE
PLANNING COMMISSION TO INITIATE A TEXT AMENDMENT OF THE
COMPREHENSIVE LAND USE AND ZONING ORDINANCE OF THE CITY OF SANTA
MONICA," reading by title only and waiving further reading thereof. Second by
Councihnember Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Holbrook, Greenberg, Genser, Ebner,
Abdo, Mayor Rosenstein
Council asked questions of staff.
8-B: AMENDMENT TO ZONING ORDINANCE/DEFINITIONS/ADJUSTMENTS
(RESUMED): Discussion was held. Mayor Pro Tempore Greenber¢ moved to introduce for
first reading, as amended with regard to average natural grade definition, an ordinance entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ZONING ORDINANCE SECTION 9.04.02.030 REGARDING DEFINITIONS;
AND SECTION 9.04.20.34.030 REGARDING ADJUSTMENTS," 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, Holbrook,
O'Connor, Mayor Rosenstein
Councilmember Abdo moved to remand the remainder of this item to staff for further work and
that it be returned to Council. Discussion was held. Second by Councilmember O'Connor.
The motion was unanimously approved.
At 8:31 P.M., Council adjourned for a short recess. Council reconvened at 8:50 P.M. with all
members present.
9-A: CONTRACT/FIVE STAR PARKING/BEACH PARKING LOTS: Presented was the
staff report recommending authorization for the City Manager to negotiate and execute a contract
with Five Star Parking, in the amount of $1,061,391 for athree-year period, for the operation
and management of the Santa Monica beach parking lots and approve appropriation. Council
asked questions of staff. At 8:56 P.M., Mayor Rosenstein declared the public hearing open.
Member of the public Joy Fulhner expressed her concerns. Member of the public Joseph Lumer
presented himself for questions. Mayor Rosenstein closed the public hearing at 8:57 P.M.
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Council asked questions of staff. Councilmember Genser moved to approve Contract No.
7137(CCS) with Five Star Parking, in the amount of $1,061,391 for athree-year period, for the
operation and management of the Santa Monica beach parking lots. Second by Mayor Pro
Tempore Greenberg. Council asked questions of Joseph Lumer. Discussion was held. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
Mayor Pro Tempore Greenberg moved to appropriate $57,232 for May and June 1995 beach
parking operation under the new contract. Second by Councilmember Genser. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, Mayor Rosenstein
9-B: CLOSED SESSION: Held at end of meeting.
13-A: STEVE GARB/RENTAL OF PORTION OF PROPERTY/1315 ALTA AVENUE:
Presented was the request of Steve Garr to address Council regarding rental of a portion of the
property on 1315 Alta Avenue. Discussion was held. This item was received and filed.
13-B: STACEY MICKELL/INCIDENT/POLICE DEPARTMENT: Presented was the
request of Stacey Mickell to address Council regarding an incident with the Police Departrnent.
Council asked questions of Ms. Mickell. Discussion was held. This item was referred to staff.
14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Discussion was held.
Councilmember Abdo moved to continue the appointment to the Airport Commission. Second
by Councilmember Ebner. The motion was approved, Councilmember Genser opposed.
Mayor Rosenstein announced that the floor would consider nominations to the Arts Commission.
Councilmember Abdo nominated Chris DeCarlo. Discussion was held. Councihnember Ebner
nominated Bob Kronovet. Discussion was held. There being no further nominations,
nominations were closed. On a call for the vote, Chris DeCarlo was appointed to the Arts
Commission for a term ending June 30, 1995.
Mayor Rosenstein announced that the floor would consider nominations to the Bayside District
Corporation. Mayor Rosenstein nominated Don Wheeler. Councilmember Genser nominated
Nancy Desser. Councilmember Holbrook nominated Sherry Kellogg. Discussion was held.
There being no further nominations, nominations were closed. On a call for the vote, Don
Wheeler was appointed to the Bayside District Corporation for a term ending June 30, 1995.
Mayor Rosenstein announced that the floor would consider nominations to the Commission on
the Status of Women. Councilmember O'Connor nominated Gloria Curiel. Discussion was
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held. Councihnember Holbrook nominated Arthur Remen. There being no further nominations,
nominations were closed. On a call for the vote, Gloria Curiel was appointed to the
Commission on the Status of Women for a term ending June 30, 1995.
Mayor Rosenstein announced that the floor would consider nominations to the Housing
Commission. Councihnember Abdo nominated Herman Rosenstein. Discussion was held.
There being no further nominations, nominations were closed. On a call for the vote, Herman
Rosenstein was appointed to the Housing Commission for a term ending June 30, 1998,
Councihnember Ebner refused to participate. and was excused from the dais, Mayor Rosenstein
abstained.
The appointment to the Pier Restoration Corporation was continued.
14-B: LETTER OF RESIGNATION/DIANNE GLINOS/RECREATION AND PARKS
COMMISSION: Councilmember Genser moved to accept with great regret the letter of
resignation from Dianne Glinos of the Recreation and Parks Commission and authorize the City
Clerk to publish a Notice of Vacancy. Second by Mayor Pro Tempore Greenberg. The motion
was unanimously approved, Councihnember Ebner absent.
14-C: SUPPORT OF AB1035/PROHII;ITION OF LOITERING FOR THE PURPOSE OF
ENGAGING INDRUG-RELATED ACTIVITY OR PROSTITUTION: Presented was the
request of Mayor Pro Tempore Greenberg to discuss support of AB1035 which will prohibit
loitering for the purpose of engaging in drug-related activity or prostitution. Member of the
public Joy Fullmer expressed her concerns. Mayor Pro Tempore Greenberg moved that the City
Council support AB1035 and communicate to Assemblyman Katz and to the Public Safety
Committee, before whom this bill will be heard on April 4, 1995. Second by Councilmember
Genser. The motion was approved, Councilmember Ebner and Councilmember Abdo were
absent.
14-D: AUTHORIZATION/COMMISSION ON THE STATUS OF WOMEN/LOBBY/
ISSUES ON DOMESTIC VIOLENCE AND AFFIRMATIVE ACTION: Presented was the
request of Councilmember O'Connor to discuss authorizing the Commission on the Status of
Women to lobby in Sacramento regarding issues on domestic violence and affirmative action.
Members of the public Laurie Newman and Rita Lowenthal spoke in support of authorizing the
Commission on the Status of Women to lobby in Sacramento regarding issues on domestic
violence and affirmative action. Councilmember Greenberg was excused from the dais.
Member of the public Joy Fullmer expressed her concerns. Discussion was held.
Councilmember O'Connor moved to authorize representatives of the Commission on the Status
of Women to lobby in Sacramento regarding issues on domestic violence and affirmative action.
Second by Councilmember Abdo. The motion was unanhmously approved, Mayor Pro Tempore
Greenberg and Councilmember Ebner absent.
14-E: DECLARE OPPOSITION/SB1257/AB1944/VACANCY DECONTROL: This item
was tabled until all Councihnembers are present.
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14-F: ENTRY IN TOURNAMENT OF ROSES PARADE: Presented was the request of
Councilmember Holbrook to discuss the City's entry in the Tournament of Roses Parade.
Councilnembers Ebner and Greenberg returned to the dais. Council asked questions of
Councilmember Holbrook. Discussion was held. Councilmember Holbrook moved to ask staff
to make recommendations. Second by Councilmember Genser. The motion was unannnously
approved.
14-E: DECLARE OPPOSITION/SB1257/AB1944/VACANCY DECONTROL: Presented
was the request of Councilmember Genser that the City Council declare its opposition to SB1257
(Costa) and AB 1944 (Knowles), and that it declare its continued opposition to vacancy decontrol.
Councilmember Genser moved that Council declare its firm opposition to SB1257 and AB1944,
to declare its continuous opposition to vacancy decontrol, and staff communicate these positions
to the legislature and the governor. Second by Councilmember Abdo. Discussion was held.
The motion was approved by the following vote:
Council vote: Affirmative: Councilnembers O'Connor, Holbrook, Greenberg, Genser, Ebner,
Abdo, Mayor Rosenstein
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed her concern on various
issues. Member of the public Jim Donaldson discussed airport issues. Member of the public
Richard Israel addressed Council with regard to the Miles Park project.
9-B: CLOSED SESSION: At 10:27 P.M., Council adjourned to Closed Session for conference
with Legal Counsel with regard to existing litigation as follows:
1. Santa Monica Housin¢ Council v. Ciry of Santa Monica, LASC #SS005191;
2. In the Matter of Michael Landis and City of Santa Monica, Case No. 571-34-
9935-L-61721 (no action taken);
and conference with labor negotiator:
City Negotiator: Karen Bancroft, Personnel Director. Employee Organization:
Municipal Employees Association (MEA).
No action was taken.
At 12:15 A.M., Council reconvened with all members present.
Councilmember Holbrook moved to approve the proposed settlement agreement which, among
other things, defines the terms "constraint" and "adequate sites," and establishes certain
procedures that will be followed in updating the Housing Element to comply with state law.
Second by Councilmember Ebner. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Greenberg, Ebner, Mayor Rosenstein
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317
Negative: Councihnembers O'Connor, Genser, Abdo
ADJOURNMENT: At 12:19 A.M., the meeting was adjourned to Tuesday, April 11, 1995,
at 6:30 P.M.
ATTEST:
~~~~~~~
Beth Sanchez
Assistant City Clerk
APPROVED:
~~~~
Paul Rosenstein
Mayor
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March 28, 1995