M-052395344
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 23, 1995
A regular meeting of the Santa Monica City Council was called to order by Mayor Rosenstein at
6:32 P.M., on Tuesday, May 23, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Judy Abdo
Councilmember Ruth Ebner
Councilmember Ken Genser
(arrived at 6:35 P.M.)
Councilmember Robert T. Holbrook
Councilmember Pam O'Connor
(arrived at 6:37 P.M.)
Also Present: City Manager John Jalili
City Attorney Mazsha Jones Moutrie
City Clerk Clarice E. Dykhouse
Mayor Pro Tempore Greenberg led the assemblage in the Pledge of Allegiance to the Flag of the
United States of America.
4-A: PROCLAMATION/OLDER AMERICANS MONTH/MONTH OF MAY: Mayor
Rosenstein presented a proclamation declaring the month of May "Older Americans Month" in the
City of Santa Monica.
Councilmember Genser reported present at 6:35 P.M.
Councilmember O'Connor reported present at 6:37 P.M.
4-B: PROCLAMATION/NATIONAL PUBLIC WORKS WEEK/MAY 21-27 1995: Mayor
Rosenstein presented a proclamation declaring May 21-27, 1995 as "National Public Works Week"
in the City of Santa Monica.
6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are
considered and approved in one motion unless removed from the calendaz for discussion. Member
of the public Joy Fullmer discussed items on the Consent Calendar. Councilmember Holbrook
moved to approve the Consent Calendaz, reading resolutions and ordinances by title only and
waiving further reading thereof. Second by Councilmember Abdo. Discussion was held. The
motion was approved by the following vote:
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Council vote: Affirmative: Councilmembers O'Connor, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-A: MINUTES APPROVAL: The City Council minutes of May 9, 1995, were approved as
submitted.
6-B: ORDINANCE/REGISTRATION OF AMMiJNiTION SALES: Ordinance No. 1802(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING CHAPTER 3.25 TO THE SANTA MONICA MUNICIPAL CODE REGARDING
REGISTRATION OF AMMUNITION SALES," was adopted.
6-C: ORDINANCE/AMENDING C4. C6, AND Ml DISTRICTS: Ordinance No. 1803(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING VARIOUS PROVISIONS OF THE ZONING ORDINANCE RELATED TO THE
C4, C6, AND Ml DISTRICTS, ACCESSORY BUILDING STANDARDS, LANDSCAPING
STANDARDS AND PARKING STANDARDS PROVISIONS; REPEALING CERTAIN
PROVISIONS OF THE PROJECT DESIGN AND DEVELOPMENT STANDARDS; AND
ADDING PROVISIONS REGARDING DEVELOPMENT SPANNING ZONING DISTRICTS,
AUTOMOBILE WASHING FACILITIES, AND OPERATING HOURS OF CERTAIN AUTO-
RELATED USES," was adopted.
6-D: CONTINiJING EXISTENCE OF A LOCAL EMERGENCY: Resolution No. 8899(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING THE EXISTENCE OF A CONTIN [JING LOCAL EMERGENCY," was adopted.
6-E: FINAL SUBDIVISION MAP/TRACT NO. 51395/TPC-295/1120 24TH STREET:
Resolution No. 8900(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR
TRACT NO. 51395 AT 1120 24TH STREET," was adopted thereby approving a 5-unit tenant-
participating conversion project at 1120 24th Street.
6-F: DESIGNATION/DHiECTOR OF PLANNING & COMMUNITY DEVELOPMENT/
NOTIFICATION/ABC LICENSE APPLICATIONS: The Director of Planning & Community
Development was designated as the recipient of notices from the Department of Alcoholic Beverage
Control pursuant to AB2897.
6-G: ADOPTION OF FINDINGS/CONDITIONS FOR APPROVAL/CUP 94-017/1233
THIRD STREET PROMENADE: Findings and conditions were adopted pursuant to the Council's
April 1, 1995 approval of CUP 94-017.
6-H: AWARD OF CONTRACT/CLOVERFIELD BOULEVARD UVIPROVEMENT
PROJECT: Contract No. 7142 was awarded to Griffith Company in the amount of $1,056,325 for
construction and Contract No. 7143(CCS) was awarded to Harris & Associates in the amount of
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$172,500 for construction management services of the Cloverfield Boulevazd Improvement Project -
Phase I.
END OF CONSENT CALENDAR
7-A: APPEAL/CUP 94-023/AMENDMENT TO CUP 92-051/2344 PICO BOULEVARD:
Presented was the appeal of Planning Commission approval of Conditional Use Permit 94-023
(Amendment to CUP 92-051),.2344 Pico Boulevazd. Applicant: The Oil Shoppe, Inc. Appellant:
Friends of Sunset Park. To be considered in conjunction with Item No. 8-A.
8-A: ORDINANCE/AUTOMOBILE LUBRICATION FACILITIES: Presented was an
ordinance for introduction and first reading amending Santa Monica Municipal Code Section
9.04.14.050 regarding automobile lubrication facilities allowing such to conduct business on
Sundays in districts other than the Ml (Industrial Conservation) District. To be considered in
conjunction with Item No. 7-A.
Council asked questions of staff. At 6:59 P.M., Mayor Rosenstein declared the public hearing open.
Member of the public Joy Fullmer expressed her concerns. Jane Dempsey, representing the
appellant, spoke in support of the staff recommendation with regard to the Text Amendment. Chris
Harding, representing the applicant, spoke in support of the staff report as presented this evening
and suggested a modification with regard to the vacuum cleaning issue to provide that there be no
outdoor use of vacuum cleaners seven days per week; however, indoor vacuum cleaners will be
allowed. Member of the public Clyde Smith spoke in support of the extension of Jiffy Lube's
service commitment to the community. Mayor Rosenstein closed the public hearing at 7:05 P.M.
Mayor Pro Tempore Greenberg moved to introduce for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SECTION 9.04.14.050 REGARDING AUTOMOBILE REPAIR
FACILITIES," amended to allow certain automobile service operations to be conducted on Sundays,
reading by title only and waiving further reading thereof. Second by Councilmember Ebner.
Discussion was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook, Genser, Greenberg, Ebner,
O'Connor, Mayor Rosenstein
Councilmember Genser moved to deny the appeal and uphold the Planning Commission's approval
of CUP 94-023, as amended, based on findings and conditions, amended to add a condition that
indicates that the operation of outdoor vacuums shall be prohibited Monday through Sunday.
Second by Councilmember Ebner. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook, Genser, Greenberg, Ebner,
O'Connor, Mayor Rosenstein
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8-B: CHANGE ASSESSMENT/MONTANA AVENUE BUSINESS IMPROVEMENT
ASSESSMENT DISTRICT: Presented was an ordinance for introduction and first reading
amending Ordinance Number 960(CCS) to change the assessment levied in the Montana Avenue
business improvement assessment district. At 7:10 P.M., Mayor Rosenstein declared the public
hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Rosenstein closed
the public heazing at 7:12 P.M. Councilmember Holbrook moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING ORDINANCE NUMBER 960(CCS) TO CHANGE THE ASSESSMENT
LEVIED IN THE MONTANA AVENUE BUSINESS IMPROVEMENT ASSESSMENT
DISTRICT,." reading 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, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
9-A: REMOVAL OF STOP SIGNS AND TURN RESTRICTIONS/23RD STREET NEAR
ASHLAND AVENUE/ENHANCE PEDESTRIAN SAFETY/REDUCE VEHICLE
SPEEDS/MANAGE TRAFFIC/SUNSET PARK RESIDENTIAL AREA: Presented was the
staff report recommending approval of the removal of stop signs and turn restrictions on 23rd Street
near Ashland Avenue and direction to staff to develop measures to enhance pedestrian safety, reduce
vehicle speeds and manage traffic in the Sunset Park residential area. Mayor Pro Tempore
Greenberg and Councilmember Ebner excused themselves from deliberation on this item at 7:20
p.m. due to a possible conflict of interest. Council asked questions of staff. Members of the public
Michael Dobbs, Sidney Wolinsky, Eric Parlee, Sam Zivi, Edward Fidelman, Richard Bloom, Toni
Dragon, Emmalie Hodgin, and Ric Flores spoke in support of the removal of the stop signs and turn
restrictions and the development of measures to enhance pedestrian safety, reduce vehicle speed and
manage traffic in the residential neighborhood. Member of the public Joy Fullmer expressed her
concerns. Members of the public Janet Mellick and Bill Mellick spoke in support of the removal
of stop signs and turn restrictions. Member of the public Judith Meister spoke in opposition to the
removal of stop signs. Members of the public Donald Murchie, Frank Conn, Virginia White, and
Jon Gibson spoke in support of the removal of stop signs. Members of the public Angela deMott,
Zina Josephs, Woody Uttayaya, Jane Dempsey, and Regula Ziegler spoke in support of the
implementation of a comprehensive traffic plan in Sunset Park. Councilmember Genser moved to
hear late speakers. Second by Councilmember O'Connor. The motion was approved,
Councilmember Holbrook opposed, Mayor Pro Tempore Greenberg and Councilmember Ebner
absent. Members of the public Linda Masada and Ed Marusich spoke in support of the removal of
the stop signs and turn restrictions and the development of measures to enhance pedestrian safety,
reduce vehicle speed and manage traffic in the residential neighborhood. Members of the public
Kazen Greenwalt, Jerry Greenwalt, and Larry Arreola spoke in support of the implementation of a
comprehensive traffic plan in Sunset Park. Council asked questions of staff. Councilmember
Holbrook moved to remove stop signs and turn restrictions on 23rd Street near Ashland Avenue and
direct staff to develop measures to enhance pedestrian safety, reduce vehicle speed, and manage
traffic in the residential neighborhood, and also direct staff to return with a comprehensive plan for
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Council consideration before the end of the year. Second by Councilmember Genser. Discussion
was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook, Genser, O'Connor, Mayor
Rosenstein
Absent: Councilmembers Greenberg, Ebner
9-B: CLOSED SESSION: Held at end of meeting.
At 8:24 P.M., Council adjourned for a short recess. Council reconvened at 8:45 P.M. with all
members present.
10-A: VACATION OF EXCESS STREET RIGHT-OF-WAY/OLYMPIC BOULEVARD
AND 21ST STREET: Presented was a public hearing and rewmmendation to approve a resolution
ordering the vacation of excess street right-of--way located at the northwest corner of Olympic
Boulevard and 21st Street. Council asked questions of staff. At 9:02 P.M., Mayor Rosenstein
declared the public heazing open. Member of the public Joy Fullmer expressed her concerns.
Member of the public Richard Knickerbocker spoke in support of the vacation of the property and
its subsequent sale to an adjacent property owner. Member of the public Morton Devor spoke in
opposition to the sale of the property to an adjacent property owner. Mayor Rosenstein closed the
public hearing at 9:25 P.M. Council asked questions of staff. Mayor Pro Tempore Greenberg
moved to adopt Resolution No. 8901(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF EXCESS STREET
RIGHT-OF-WAY LOCATED AT THE NORTHWEST CORNER OF OLYMPIC BOULEVARD
AND Z1ST STREET," reading by title only and waiving further reading thereof, in order to
facilitate the sale of the parcel to Sam Tsunoda. Second by Councilmember Genser. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook, Genser, Greenberg, Ebner,
O'Connor, Mayor Rosenstein
12-A: MEMORANDUM OF UNDERSTANDING/MUNICIPAL EMPLOYEES
ASSOCIATION: To be considered after Item No. 9-B (Closed Session).
13-A: BILL GURZI/RAY GRABINSKI/SAVE OUR SHIPYARD: Presented was the request
of Bill Gurzi and Ray Grabinski to address Council regarding support for the Save Our Shipyazd
movement. Discussion was held. Council asked questions of Mr. Grabinski. Councilmember
Holbrook moved to donate $1,000 and work with staff to make appropriate lobbying efforts on
behalf of Save Our Shipyard. Second by Mayor Rosenstein. The motion was approved by the
following vote:
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Council vote: Affirmative: Councilmembers Abdo, Holbrook, Genser, Greenberg, Ebner,
O'Connor, Mayor Rosenstein
13-B: KENNETH NAYLOR/FINANCING FOR RETROFITTING REQUH2EMENTS:
Presented was the request of Kenneth Naylor to address Council regarding Emergency Ordinance
No. 1748(CCS) regarding financing for retrofitting requirements. Council asked questions of staff.
No action was taken.
13-C: JOHN JURENKA/WATER BILLINGBAY SAVER: Presented was the request of John
Jurenka to address Council regarding water billing and Bay Saver. Discussion was held. No action
was taken.
14-A: ANNUAL APPOINTMENTSBOARDS AND COMMISSIONS: Councilmember Abdo
moved to table this item to the meeting of June 13, 1995. Second by Mayor Pro Tempore
Greenberg. Discussion was held. Council asked questions of staff. The motion was unanimously
approved.
14-B: RESOLUTION OPPOSING RENTAL ASSISTANCE PROPOSITION: Presented was
the request of Councilmember Genser for approval of a resolution opposing the "Rental Assistance"
proposition that will preempt local mobile home rent control. Councilmember Genser moved to
adopt Resolution No. 8903(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA OPPOSING THE "RENTAL ASSISTANCE" PROPOSITION THAT
WII,L PREEMPT LOCAL MOBILEHOME RENT CONTROL," reading by title only and waiving
further reading thereof. Second by Councilmember Abdo. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook, Genser, Greenberg, Ebner,
O'Connor, Mayor Rosenstein
14-C: ALLOCATION OF RESOURCES/COMMUNITY HEALTH IMPROVEMENT
PROGRAM INITIATIVE: Presented was the request of Mayor Rosenstein to direct staff to
allocate resources for a Community Health Improvement Program Initiative as part of the City
budget for Fiscal Yeaz 1995-96. Member of the public Tom Pyne spoke in support of the allocation
of resources in the Fiscal Year 1995-96 budget and direction to staff to prepare the appropriate
documentation. Mayor Rosenstein moved to direct staff to propose the allocation of resources for
a Community Health Improvement Program Initiative as part of the City budget for Fiscal Yeaz
1995-96 and that, as a part of that, staff should feel free to consider what conditions would be
attached to the resources, how they will be allocated, and any other issues that need to be considered
in participating in this program. Second by Mayor Pro Tempore Greenberg. Discussion was held.
Mayor Rosenstein moved to extend the meeting past 11:00 P.M. Second
by Councilmember Genser. The motion failed; Councilmembers Holbrook, Greenberg, and Ebner
opposed. Mayor Pro Tempore Greenberg moved to extend the meeting to 11:30 P.M. Second by
Mayor Rosenstein. The motion was unanimously approved. Discussion continued. Councilmember
Genser moved a substitute motion to ask staff to analyze and include in the draft 1995-96 budget
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a set aside fund for community-wide health planning and policy endeavors. Second by
Councilmember O'Connor. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook, Genser, O'Connor
Negative: Councilmembers Greenberg, Ebner, Mayor Rosenstein
15: PUBLIC INPUT: Member of the public Joy Fullmer expressed her wncerns on various issues.
9-B: CLOSED SESSION: At 11:10 P.M., Council adjourned to Closed Session for conference
with Legal Counsel with regard to one case of existing litigation as follows:
1. Friends of Sunset Park v. City Council, LASC Nos. BS 032 734 and BS 033 146;
and conference with Labor Negotiator:
1. City Negotiator: Kazen Bancroft, Personnel Director. Municipal Employees Association
(MEA)
At 11:20 P.M., Council reconvened with all members present.
12-A: MEMORANDUM OF UNDERSTANDING/M[JNICIPAL EMPLOYEES
ASSOCIATION: Councilmember Holbrook moved to adopt Resolution No. 8902(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION," reading by title
only and waiving further reading thereof. Second by Councilmember Abdo. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
ADJOURNMENT: At 11:22 P.M., the meeting was adjourned to June 5, 1995 at 6:00 P.M., in
memory of Michael F. Sisak and Dr. Samuel and Mrs. Serena Perry.
ATTEST:
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Clazice E. Dykhouse
City Clerk
APPROVED:
~~
Paul Rosenstein
Mayor
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May 23, 1995