M-061395354
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
Ji1NE 13, 1995
A regulaz meeting of the Santa Monica City Council was called to order by Mayor Rosenstein at
6:35 P.M., on Tuesday, June 13, 1995, in the Council Chambers.
Roll Call: Present: Mayor Paul Rosenstein
Mayor Pro Tempore Asha Greenberg
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember Ruth Ebner
Councilmember Robert T. Holbrook
(arrived at 6:40 P.M.)
Councilmember Pamela O'Connor
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: PRESENTATION/RETII2EMENT PLAQUE/CITY CLERK/CLARICE E
DYKHOUSE: Mayor Rosenstein presented a proclamation declazing June 14, 1995, as "City Clerk
Day" in the City of Santa Monica and a retirement plaque to City Clerk Clarice E. Dykhouse in
honor of her retirement.
Ann Hiller, representative of Senator Tom Hayden's office, presented a Certificate of Recognition
from Senator Hayden to Clazice E. Dykhouse in honor of her retirement.
4-B: PRESENTATION OF PETITIONS/GUN CONTROL/STUDENTS/PS #1
ELEMENTARY SCHOOL: Representatives from PS #1 Elementary School presented petitions
regarding gun control to the City Council.
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, Len Doucette, and Ron Taylor discussed items on the Consent Calendar.
Mayor Pro Tempore Greenbergmoved to approve the Consent Calendar, with the exception of Item
Nos. 6-E, 6-F, 6-H, 6-I, 6-J, and 6-L, reading resolutions and ordinances by title only and waiving
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355
further reading thereof. Second by Councilmember Ebner. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers O'Connor, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-A: MINUTES APPROVAL: The City Council minutes of May 23, June 5, June 6, and June 7,
1995, were approved as submitted.
6-B: ORDINANCE/AUTOMOBILE LUBRICATION FACILITIES: Ordinance No.
1804(CCS) 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," was adopted.
6-C: ORDINANCE/CHANGE ASSESSMENT/MONTANA AVENUE BUSINESS
IMPROVEMENT ASSESSMENT DISTRICT: Ordinance No. 1805(CCS) 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," was adopted.
6-D: CONTINUING EXISTENCE OF A LOCAL EMERGENCY: Resolution No. 8905(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-G: CONTRACT/PURCHASE OF HEAVY-DUTY HAZARDOUS MATERIALS
RESPONSE VEHICLE: Resolution No. 8908(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A CONTRACT FOR THE PURCHASE OF A HEAVY-DUTY
HAZARDOUS MATERIALS RESPONSE VEHICLE," was adopted.
6-K: ADOPTION OF ACCOUNTING ORDER/CHARGES/CENTURY SOUTHWEST
CABLE TELEVISION: Resolution No. 8904(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING AN ACCOUNTING ORDER
REGARDING BASIC SERVICE, CONVERTER BOX AND REMOTE CONTROL CHARGES
OF CENTURY SOUTHWEST CABLE TELEVISION, INC.," was adopted.
END OF CONSENT CALENDAR
G-E: FUND TRANSFER AGREEMENT/PROPOSITION 116/BROADWAY BICYCLE
LANE PROJECT: Discussion was held. Councilmember Abdo moved to adopt Resolution No.
8906(CCS) entitled: "A RESOLUTION OF THE CITY COUNCII, OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A FUND TRANSFER
AGREEMENT FOR PROPOSITION 116 FUNDS FOR THE BROADWAY BICYCLE LANE
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356
PROJECT," 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, Genser, Abdo, Mayor Rosenstein
Negative: Councilmember Ebner, Greenberg, Holbrook
By virtue of the above action, the execution of a fund transfer agreement between the City and the
California Transportation Commission for the Proposition 116 grant for the Broadway bicycle lane
project was authorized.
6-F: BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB821/PLACED ON RESERVE
UNTIL ELIGIBLE USES ARE IDENTIFIED: Council asked questions of staff. Mavor Pro
Tempore Greenberg moved to adopt Resolution No. 8907(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION
FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND PLACING THE FUNDS
ON RESERVE UNTIL THE CITY IDENTIFIES A SPECIFIC Il~IPLEMENTATION PROJECT,"
amended to incorporate wording to include pedestrian improvements, reading by title only and
waiving further reading thereof Second by Councilmember Genser. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-H: PROSECUTION OF CERTAIN OFFENSES AS INFRACTIONS RATHER THAN
MISDEMEANORS: Council asked questions of staff. Councilmember Genser moved to direct
staff to prepaze the appropriate ordinances so that certain offenses may be prosecuted as infractions.
Second by Councilmember Holbrook. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-J: CONTRACT/PREPARATION OF HOUSING ELEMENT AND UPDATE
ENVIRONMENTAL IMPACTREPORT/ANALYSIS OF HOUSING DATA: Discussion was
held. Council asked questions of staff. Mavor Rosenstein moved to: I) authorize the City Manager
to negotiate and execute a contract with Cotton/Beland/Associates, Inc. for an amount not to exceed
$79,847 for prepazation of the 1996-2000 Housing Element Update and EIR; 2) authorize the City
Manager to negotiate and execute a contract with Hamilton Rabinowitz and Alschuler for an amount
not to exceed $167,090 for prepazation of specialized analyses to support preparation of the 1996-
2000 Housing Element Update and EIR; and 3) appropriate $174,437 from General Fund reserves
to Account Number O1-210-267-00000-5506-00000 for FY 94/95 for the Housing Element Update
and EIR. Second by Councilmember Abdo. The motion was approved by the following vote:
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357
Council vote: Affirmative: Councilmembers O'Connor, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
6-I: PREPARATION OF UPDATE/CIRCULATION ELEMENT/EIl2: Council asked
questions of staff. Discussion was held. Mayor Rosenstein moved to authorize the City Manager
to negotiate and execute a contract with Fehr & Peers Associates for an amount not to exceed
$70,000 to prepare an update to the Circulation Element and amend the contract after adoption of
the 1995/96 budget to include the approximate $30,000 cost to prepaze an Environmental Impact
Report. Second by Councilmember Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
By virtue of the above action, Contract No. 7144(CCS) was approved.
6-L: DESIGN AND CONSTRUCTION BIDDING DOCUMENTS/BEACH IMPROVEMENT
GROUP PROJECT: Councilmember Genser excused himself from the dias at 7:30 P.M. due to
a possible conflict of interest. Councilmember Abdo moved to: 1) authorize the City Manager to
negotiate and execute a contract for the prepazation of design and construction bid documents with
Wallace, Roberts & Todd for the non federally-funded portion of the Beach Improvement Group
Project including Palisades Pazk Improvement - Phase II and the South Beach Improvements from
Pier to Bay Street in the amount of $778,000; 2) authorize the City Manager to negotiate and
execute a contract for the prepazation of design and construction bid documents with Wallace,
Roberts & Todd for the design, including preparation of all necessary environmental review and
documentation, of the federally-funded portion of the Beach Improvement-Group Project including
the Gateway Coastal Corridor, the Pier Bridge Widening, and the California Incline Bridge
Replacement, contingent upon successful completion of a financial audit performed by Caltrans, in
the amount of $838,000; and 3) appropriate $100,000 to Account Number 01-770-402-20095-8905-
99399 for the Wallace, Roberts & Todd design contract for the non federally-funded portion of the
Beach Improvement Group Project for design and bid document preparation for the additional
project azeas. Second by Councilmember O'Connor. Council asked questions of staff. Discussion
was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers O'Connor, Ebner, Greenberg, Holbrook, Abdo,
Mayor Rosenstein
Absent: Councilmember Genser
By virtue of the above action, Contract Nos. 7147 and 7148 (CCS) were approved.
Councilmember Genser returned to the dias at 7:40 P.M.
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358
8-A: DRIVE-UP WINDOW HOURS OF OPERATION: Presented was an emergency ordinance
for introduction and adoption requiring existing 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 of operation on an interim basis. Council asked questions of staff. At 7:45
P.M., Mayor Rosenstein declared the public hearing open. Member of the public Joy Fullmer
expressed her concerns. Members of the public Judy Silverman, Leon Ferder, Jennifer Silverman,
Giok Brandt, and Donald W. Brandt spoke in support of the proposed ordinance. Mayor Rosenstein
closed the public hearing at 7:56 P.M. Mayor Pro Tempore Greenbere moved to adopt Ordinance
No.1806 (CCS) 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 OF
OPERATION ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN
EMERGENCY," reading by title only and waiving further reading thereof. 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
8-B: ELINIINATION OF PROMOTABII.ITY AS A RATING FACTOR/PROMOTIONAL
COMPETITIVE EXAMINATIONS: Presented was an ordinance for introduction and first
reading amending Santa Monica Municipal Code Section 2.04.250 to eliminate promotability as a
rating factor in promotional competitive examinations. Council asked questions of staff. At 8:02
P.M., Mayor Rosenstein declared the public hearing open. Member of the public Joy Fullmer
expressed her wncerns. Member of the public Steven H. Brackett spoke in support of the proposed
ordinance. Mayor Rosenstein closed the public hearing at 8:05 P.M. Discussion was held. Mavor
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 2.04.250 RELATING TO COMPETITIVE EXAMINATIONS,"
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, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
9-A: CITY COUNCIL GUIDELINES: Presented was the recommendation to adopt a resolution
amending and expanding Resolution No. 5532(CCS) regazding travel by Council members to
include City Council guidelines and standazds relating to travel, staff assistance and other resources,
and options regazding seating azrangements and voting order. Council asked questions of staff.
Member of the public Joy Fullmer expressed her concerns. Discussion was held regarding travel
policy. Staff was directed to prepare a new draft.
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At 8:15 P.M., Council adjourned for a short recess. Council reconvened at 8:50 P.M. with all
members present.
9-A: CITY COUNCIL GUIDELINES (RESUMED~j: Discussion was held. Councilmember
Abdo moved that Council Members be seated alphabetically. Second by Council Member
O'Connor. Mayor Pro Tempore Greenberg moved a substitute motion that Council Members be
seated by drawing lots. Second by Council Member Holbrook. Discussion was held. The substitute
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Greenberg, Ebner, Mayor Rosenstein
Negative: Councilmembers Abdo, Genser, O'Connor
Mayor Pro Tempore Greenberg moved that votes be done by seating order, alternating from each
end. Second by Councilmember Genser. Councilmember Abdo moved a substitute motion to vote
alphabetically, reversing in the manner currently done. Second by Councilmember Genser.
Discussion was held. The substitute motion failed by the following vote:
Council vote: Affirmative:. Councilmembers Abdo, Genser, O'Connor
Negative: Councilmembers Holbrook, Greenberg, Ebner, Mayor Rosenstein
The main motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Greenberg, Ebner, Mayor Rosenstein
Negative: Councilmembers Abdo, Genser, O'Connor
Discussion was held. The remainder of this item was continued to the end of the meeting.
9-B: PROCEDURES/REVIEW OF IMPROVEMENTS/SANTA MONICA AII2PORT:
Presented was the staff report recommending Council direct the City Attorney to prepare an
ordinance establishing procedures for review of improvements at the Santa Monica Airport. Council
asked questions of staff. Discussion was held. Member of the public Ann Hiller, on behalf of
Senator Tom Hayden, spoke in support of the staff recommendation and made suggestions with
regard to notification procedures. Member of the public Toy Fullmer expressed her concerns.
Members of the public Eric Pazlee, co-president of SPAN, urged the preparation and implementation
of a land use document. Members of the public Brookie Westbrook and Donna Westbrook spoke
in opposition to relinquishing approval authority to administrative approval. Members of the public
James Donaldson, Virginia Emst, and Robert Newbold spoke in opposition to the staff
recommendation. Discussion was held. Councilmember Genser moved to refer the staff
recommendations to the Airport Commission, the Planning Commission and public workshops, with
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360
no endorsement from the Council. Second by Councilmember Holbrook. The motion was approved
by the following vote:
Council vote: Affirmative: Councihnembers O'Connor, Ebner, Greenberg, Genser, Holbrook,
Abdo, Mayor Rosenstein
9-C: CLOSED SESSION: Not held.
13-A: JOSEPH BARUCH/FUNCTIONS/RENT CONTROL BOARD: Joseph Baruch
addressed Council regazding the functions of the Rent Control Board. Council asked questions of
Mr. Baruch. No action taken.
13-B: JOSEPH DiPASOUALE/SAFETY CONCERNS/INTERSECTION/19TH STREET
AND IDAHO AVENUE: The request of Joseph A. DiPasquale to address Council regarding safety
concerns at the intersection of 19th Street and Idaho Avenue was continued to the meeting of June
27, 1995, at the request of Mr. DiPasquale.
13-C: CHRISTOPHER PELHAM/DEBBIE PINTHUS/SANTA MONICA DOG OWNERS
GROUP/RELOCATION OF OFF-LEASH AREA/MARINE PARK: Presented was the request
of Christopher Pelham and Debbie Pinthus of Santa Monica Dog Owners Group to address Council
regarding the relocation of the off-leash azea at Mazine Park. Council asked questions of staff
Councilmember Abdo moved to extend the meeting to 11:30 P.M. The motion was duly seconded
and unanimously approved. Council asked questions of staff. Members of the public Ann Auganon,
John Bates, Andrea Halpern, and Chazles Janoski indicated their support of the relocation of the off-
leash area in Marine Park. By council consent it was Referred to staff.
13-D: BARBARA FILET/SOUNDWALL/10TH AND 17TH STREETS: Presented was the
request of Bazbaza Filet to address Council requesting that a soundwall be placed between 10th and
17th Streets along the freeway. Council asked questions of Ms. Filet. Council asked questions of
staff. Discussion was held. Referred to staff.
14-A: ANNUAL APPOINTMENTSBOARDS AND COMMISSIONS: Mayor Rosenstein
announced that the floor would consider nominations to the Bayside District Corporation.
Councilmember Genser moved to reappoint the two incumbents, Don Wheeler and Dennis Zane,
for full terms ending June 30, 1998. By Council consent, applicants were reappointed by
acclamation.
Mayor Rosenstein announced that the floor would consider further nominations to the Bayside
District Corporation. Councilmember Genser nominated Nancy Dresser. Mayor Pro Tempore
Greenberg nominated Sherry Kellogg. Discussion was held. There being no further nominations,
nominations were closed. On a call for the vote, Nancy Dresser was appointed to the Bayside
District Corporation for a full term ending June 30, 1998.
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Mayor Rosenstein announced that the floor would consider further nominations to the Bayside
District Corporation. Mayor Pro Tempore Greenberg nominated Sherry Kellogg. Discussion was
held. Councilmember Abdo moved to continue this appointment to the meeting of June 20, 1995.
Second by Councilmember O'Connor.
Councilmember Abdo moved to extend the meeting until the agenda was completed. Second by
Mayor Rosenstein. The motion was unanimously approved.
Discussion was held. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser, O'Connor
Negative: Councilmembers Holbrook, Greenberg, Ebner, Mayor Rosenstein
Councilmember O'Connor nominated Jean MacNeil Weiner. There being no further nominations,
nominations were closed. On a call for the vote, Sherry Kellogg was appointed to the Bayside
District Corporation for a full term ending June 3Q 1998.
Remaining appointments were continued to the meeting of June 20, 1995.
14-B: AMENDMENTS/NUISANCE ABATEMENT ORDINANCES/ORDINANCE
PROHIBITING PUBLIC NUDITY IN PARKS AND BEACHES/AMENDMENTS
CLARIFYING DISTINCTIONS BETWEEN NIGHTCLUBS AND RESTAURANTS: The
request of Mayor Pro Tempore Greenberg to discuss instructing the City Attorney to draft
amendments to the City's nuisance abatement ordinances to simplify the current procedures, an
ordinance prohibiting public nudity in parks and beaches, and amendments to the Santa Monica
Municipal Code clarifying the distinctions between nightclubs and restaurants was continued to the
meeting of June 20, 1995.
14-C: IMPLEMENTATION OF PROCEDURE TO INFORM COUNCIL/PENDING
RECOMMENDATIONS/CITY CLERK/CITY ATTORNEY: The request of Mayor Pro
Tempore Greenberg to discuss implementing a procedure to inform the Council of pending
recommendations from the City Clerk and City Attorney was continued to the meeting of June 20,
1995.
9-A: CITY COUNCIL GUH)ELINES (RESUMEDj: Lots were drawn by Councilmembers to
determine seating order. The following order was drawn, seated from left to right will be:
Councilmember Abdo, Councilmember O'Connor, Councilmember Ebner, Mayor Rosenstein,
Councilmember Holbrook, Mayor Pro Tem Greenberg and Councilmember Genser.
15: PUBLIC INPUT: Members of the public Jim Donaldson and Virginia Ernst expressed their
concerns with airport issues.
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ADJOURNMENT: At 11:41 P.M., the meeting was adjourned to June 20, 1995 at 6:30 P.M., in
memory of Josh Lowenthal.
ATTEST:
Clarice E. Dykhouse
City Clerk
APPROVED:
~~
Paul Rosenstein
Mayor
June 13, 1995