M-2/27/1990
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 27, 1990
A regular meeting of the Santa Monica city Council was called to
order by Mayor Pro Tempore Finkel at 7: 40 P.M., on Tuesday,
February 27, 1990, in the Council Chambers.
Roll Call: Present: Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
councilmember William H. Jennings
Councilmember Herbert Katz
(arrived at 7:42 P.M.)
Councilmember Christine E. Reed
Absent: Mayor Dennis Zane
Also Present: City Manager John Jalili City
Attorney Robert M. Myers Assistant
Assistant City Clerk Beth J. Holmes
CLOSED SESSION: Not held.
councilmember Abdo led the assemblage in the Pledge of Allegiance
to the Flag of the united States of America.
INSPIRATION: Councilmember Jennings presented a moment of
inspiration by reporting on a meeting he attended of the
Independent cities Association of California regarding the status
of the criminal justice system in California.
Councilmember Reed moved to add Item 14-E to the agenda. Second
by Councilmember Katz. The motion was unanimously approved,
Mayor Zane absent.
4-A: PROCLAMATION - WOMEN'S HISTORY MONTH: Councilmember Abdo
presented a proclamation to Phyllis Morrison a member of the
Commission on the status of Women, proclaiming March 1990, as
"Women's History Month" in santa Monica.
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. Councilmember
Reed moved to approve the Consent Calendar with the exception of
Items 6-B, 6-L, and 6-N, reading resolutions and ordinances 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, Finkel, Genser,
Jennings, Katz, Reed
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February 27, 1990
49
Absent: Mayor Zane
6-A: MINUTES APPROVAL: The City Council minutes for the meeting
of January 30, 1990, were approved as presented.
6-C: WATER METERS: Ordinance No. 1513 (CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 7211. 5 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO
METER REQUIREMENTS FOR NEW MULTI-FAMILY RESIDENTIAL
CONSTRUCTION," thereby requiring the installation of individual
water meters for each unit of new mUlti-family residential
construction, was adopted.
6-D: CLARIFICATION OF OCEAN PARK ZONING ORDINANCE: Ordinance
No. 1514 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REVISING ORDINANCE NUMBER 1496 (CCS)
ESTABLISHING DEVELOPMENT STANDARDS IN THE OCEAN PARK AREA,"
thereby implementing revisions to clarify the Ocean Park Zoning
ordinance, was adopted.
6-E: GUTTER AND STREET RESURFACING ASSESSMENT DISTRICT:
Resolution No. 7980 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE
PURPOSE OF DETERMINING WHETHER OR NOT PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE GUTTERS AND
APPURTENANT WORK ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING
NO. 5743 IN THE CITY OF SANTA MONICA," thereby setting a pUblic
hearing for March 27, 1990, was adopted.
6-F: HANDICAPPED PARKING ZONE ADJACENT TO 1437 10TH STREET:
Resolution No. 7981(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY
HANDICAPPED ZONE ADJACENT TO 1437 10TH STREET,1t was adopted.
6-G: SHORT RANGE TRANSIT PLAN: The recommendation to authorize
City Manager to file a Short Range Transit Plan and applications
for funds, was approved.
6-H: STATEMENT OF OFFICIAL ACTION/800 WILSHIRE BLVD.:
Certification of Statement of official action upholding
appeal of Planning Commission condition of approval for EIR
DR 467, and VAR 5432, imposing a 2- and 3-story height limit
mixed commercial development at 800 Wilshire Boulevard,
approved.
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6-I: STATEMENT OF OFFICIAL ACTION/IS33 18TH STREET: The
Certification of Statement of official action denying the appeal
of Planning Commission condition of approval for Conditional Use
Permit 89-061 that requires the relocation of vehicle access from
Eighteenth Street to the rear of the site at 1533 18th street,
was approved.
6-J: CAROUSEL BUILDING ROOF REPAIRS/DTK COMPANY INC.: Contract
No. 5487 (CCS) was awarded to DTK Company, Inc., in the amount of
$24,650.00, including contingencies, for roof repairs on the
Carousel Building, 200 Santa Monica Pier.
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February 27, 1990
50
6-K: POLICE COMPUTER SOFTWARE: The recommendation to authorize
the City Manager to negotiate and execute Contract No. 5488(CCS)
with Public Safety Systems, Inc. for the purchase of police
computer software, was approved.
6-M: WASTEWATER MASTER PLAN STUDY: The recommendation to
authorize the City Manager to negotiate and execute Contract No.
5489 (CCS) with CH2MHILL Engineers for a Wastewater Master Plan
study in the amount of $170,000, was approved.
END OF CONSENT CALENDAR
6- L: LANDSCAPE AND TREE MAINTENANCE/THIRD STREET PROMENADE:
Presented was a recommendation to award Bid No. 2267 to Landscape
West, Inc. to provide complete landscape and tree maintenance of
the Third street Promenade, for the Parks Division of the
Cultural and Recreation Services Department. Discussion was
held. Councilmember Reed moved to approve the staff
recommendation thereby awarding Bid No. 2267 to Landscape West,
Inc. at specified monthly unit prices to provide landscape and
tree maintenance of the Third street Promenade. Second by
Councilmember Katz. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Reed
Absent: Mayor Zane
6-N: POLICE ACTIVITIES LEAGUE YOUTH CENTER: Presented was a
staff report recommending the adoption of a resolution approving
the application for grant of state funds under the youth Facility
Bond Act of 1988, for construction of a Police Activities League
Youth Center at Memorial Park. Councilmember Jennings moved to
adopt Resolution No. 7982 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING APPLICATION
FOR STATE FUNDS UNDER THE COUNTY CORRECTIONAL FACILITY CAPITAL
EXPENDITURE AND YOUTH FACILITY BOND ACT AND THE YOUTH CENTER AND
YOUTH SHELTER BOND ACT OF 1988," reading by title only and
waiving further reading thereof, thereby authorizing staff to
proceed with the submittal of the grant application to the
California Youth Authority for the funding of construction for
the addition to the recreation facility at Memorial Park. Second
by councilmernber Katz. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Reed
Absent: Mayor Zane
6-B: NON-RESIDENTIAL AND HOTEL DEVELOPMENT MORATORIUM:
Presented was a recommendation to adopt an ordinance extending
the Citywide moratorium on non-residential and hotel development
for ten months and fifteen days. Councilmember Genser excused
himself from discussion.Mayor Pro Tempore Finkel initiated
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February 27, 1990
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discussion regarding this ordinance. Council asked questions of
staff. Councilmember Abdo moved to adopt Ordinance No. 1512 (CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE CITYWIDE MORATORIUM ON NONRESIDENTIAL AND
HOTEL DEVELOPMENT," reading by title only and waiving further
reading thereof. Councilmember Genser seconded the motion. The
motion was approved by the following vote:
council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Reed
Absent: Mayor Zane
B-A: REVOLVING DOOR ORDINANCE/RENT CONTROL BOARD: Presented was
a staff report transmitting an ordinance for introduction and
first reading amending the Municipal code to include certain
off icers and employees of the Rent Control Board in the City I S
revolving door ordinance. Council asked questions of staff. At
8:05 P.M., Mayor Pro Tempore Finkel declared the public hearing
open. Members of the pUblic Joy Fullmer and Roberta Goldfarb
expressed their concerns. There being no one else wishing to
speak, Mayor Pro Tempore Finkel declared the public hearing
closed at 8:15 P.M. Discussion was held. Councilmember Genser
moved to approve the staff recommendation and introduce for first
reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING CHAPTER 1. 5 OF THE SANTA
MONICA MUNICIPAL CODE, SECTIONS 2150 THROUGH 2157, TO INCLUDE
RENT CONTROL BOARD COMMISSIONERS AND CERTAIN EMPLOYEES OF THE
RENT CONTROL BOARD AS PERSONS SUBJECT TO THE CITY I S REVOLVING
DOOR ORDINANCE," 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, Finkel, Genser,
Jennings, Katz, Reed
Absent: Mayor Zane
Discussion was held. Councilmember Reed moved to direct staff to
investigate the manner in which Itrevolving door" addresses
elected officials. Discussion was held. Councilmember Reed
withdrew her motion.
8-B: TENANT RELOCATION ASSISTANCE: Presented was a staff report
transmitting an ordinance for adoption and second reading
amending Chapter BB of Article IV of the Santa Monica Municipal
Code relating to tenant relocation assistance. Councilmember
Katz moved to hear from members of the public for two minutes
each. Second by Councilmember Reed. The motion was unanimously
approved, Mayor Zane absent. Members of the public Autry Hatton,
JOY Fullmer, and Brenda McKinsey expressed their concerns.
Member of the public Jeffrey Wilson expressed support for higher
relocation fees. Members of the public Yvonne Craig and Thomas
Nitti expressed opposition to higher relocation fees.
Councilmember Reed moved to hear late speakers for two minutes
each. Second by Councilmember Genser. The motion was
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February 27, 1990
52
unanimously approved, Mayor Zane absent. Member of the public
Pauline Thomas expressed support for higher relocation fees.
Member of the pUblic Barbara Williamson expressed her concerns.
Council asked questions of staff. Discussion was held.
Councilmember Reed moved to direct City Attorney to prepare a
clean-up ordinance addressing the Decision Rendered Issue and to
provide language that ensures that a tenant who occupies multiple
apartments not get relocation benefits for each apartment but
rather get benefit computed on either the largest apartment or on
the total number of bedrooms, whichever fee is larger. Second by
Councilmember Abdo. Discussion was held. The above motion was
unanimously approved, Mayor Zane absent. Councilmember Genser
moved to approve the staff recommendation and adopt Ordinance No.
1515 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER SB OF ARTICLE IV OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO TENANT RELOCATION
ASS ISTANCE ," reading by title only and wai v inq further reading
thereof. Second by Councilmember Abdo. Discussion was held.
The motion was approved by the following vote:
council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Reed
Negative: councilmember Katz
Absent: Mayor Zane
Councilmember Katz requested the record to reflect that he voted
"no" on this issue because the concept of the ordinance will not
stop Ellis evictions; and he felt the only way to solve the
problem is to stop Ellis evictions and the only way to stop Ellis
evictions is to give relief to landlords through decontrol.
S-C: POLICY 45/LOCAL COASTAL PROGRAM: Presented was a
recommendation to adopt an ordinance establishing a fee to
mitigate the loss of affordable hotel and motel rooms within the
Coastal Zone, as required by the city I s Draft Local Coastal
Program. Councilmember Genser excused himself from discussion.
Councilmember Reed initiated discussion regarding the
implementation of policy 45. Councilmember Reed moved to return
the ordinance to staff for the development of a hardship
exemption. Second by Councilmember Katz. Discussion was held.
Mayor Pro Tempore Finkel moved a substitute motion to adopt
Ordinance No. 1516 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA IMPLEMENTING POLICY 45 OF THE
CITY OF SANTA MONICA DRAFT LOCAL COASTAL PROGRAM ESTABLISHING
MITIGATION FEES FOR THE REMOVAL OF LOW COST LODGING
ACCOMMODATIONS IN THE SANTA MONICA COASTAL ZONE, II reading by
title only and waiving further reading thereof, and to direct the
City Attorney to prepare a hardship provision which permits
Council, based upon economic justification considerations only,
to reduce the fee, in any given case, from $8,000 to a low of
$5,500 depending upon the facts of the case. Second by
Councilmember Katz. The motion was approved by the following
vote:
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February 27, 1990
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Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Reed
Absent: Mayor Zane
At 9: 45 P.M., Council adj ourned for a recess. At 10: 02 P.M.,
Council reconvened.
10-A: CALIFORNIA FUND FOR SENIOR CITIZENS: Presented was a
staff report transmitting a recommendation by the Commission on
Older Americans to request Council adoption of a resolution
approving, in concept, the California Fund for Senior Citizens,
which allows individual taxpayers to make contributions on their
state income tax forms. Mayor Pro Tempore Finkel moved to delete
the third, "whereas" clause from the model resolution and to
adopt Resolution No. 7983 (CCS) entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA IN RECOGNITION OF THE
EFFORTS OF THE CALIFORNIA SENIOR LEGISLATURE, THE CALIFORNIA
STATE LEGISLATURE, AND THE CALIFORNIA COMMISSION ON AGING ON
BEHALF OF 4.3 MILLION OLDER ADULTS IN CALIFORNIA," reading by
title only and waiving further reading thereof. Second by
Councilmember Katz. The motion was unanimously approved, Mayor
Zane absent.
ll-A: 1989-90 AFFIRMATIVE ACTION PLAN: Presented was a staff
report transmitting the City of Santa Monica 1989-90 Affirmative
Action Plan for approval. Council asked questions of staff.
Member of the public Joy Fullmer expressed her concerns.
Discussion was held. Mayor Pro Tempore Finkel moved to approve
the City of Santa Monica 1989-90 Affirmative Action Plan and
adopt the affirmative action goals set forth therein. Second by
Councilmember Katz. The motion was approved by the following
vote:
council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Reed
Absent: Mayor Zane
Councilmember Jennings moved to direct staff to investigate the
issues raised by including parolees in the Affirmative Action
Plan, and report back to council during the budget sessions.
Second by Councilmember Genser. Discussion was held. At the
consent of Council, staff was further directed to include
outreach to the disabled community, and advertisements in Gay and
Lesbian publications to further the City I s Affirmative Action
Plan. The motion was approved by the following vote:
Council vote: Affirmative: councilmemhers Abdo, Finkel, Genser,
Jennings, Katz, Reed
Absent: Mayor Zane
13-A: BUSINESS LICENSE ASSESSMENT PENALTY: The request of Fred
Hoffman to address Council regarding protesting business license
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February 27, 1990
54
assessment penalty was continued to a later date at the request
of Mr. Hoffman.
13-B: ELLIS ACT EVICTIONS/SEA CASTLE APARTMENTS: Presented was
the request of Robert H. Andrews to address Council regarding
possible eviction from the Sea Castle Apartments. Mr. Andrews
addressed Council on behalf of the tenants of the Sea Castle
Apartments facing possible eviction.
13-C: EVICTIONS/CASA MONICA/l032 7TH STREET: Presented was the
request of Michael R. Ginsburg to address Council regarding the
apartment building Casa Monica at 1032 7th street. Mr. Ginsburg
addressed Council concerning the actions of the owner of this
property, and possible violations of the City's Rent Control
regulations.
14-A: PARKING OF MOTORCYCLES AND MOTORSCOOTERS: Presented was
the request of Councilmember Reed to discuss the laws covering
the parking of motorcycles and motorscooters. Councilmember Reed
initiated discussion. No action was taken.
14 - B : PROTECTION OF OFF-SHORE ENVIRONMENT: Presented was the
request of Councilmember Reed to discuss support of HR 3751
(Boxer, Levine, et all which would provide permanent protection
for the offshore environment from oil drilling. Councilmember
Reed initiated discussion and moved to authorize the Mayor to
send a letter to the appropriate legislators expressing Council's
support of HR 3751. Second by Councilmember Katz. The motion
was unanimously approved, Mayor Zane absent.
14-C: APPOINTMENT OF MEMBERS TO ELECTRICAL BOARD OF APPEALS I
PLUMBING AND MECHANICAL BOARD OF APPEALS: Presented was the
matter of the appointment of a member to the Electrical Board of
Appeals. Mayor Pro Tempore Finkel opened the floor to
nominations. Councilmember Reed nominated Ronald Saenz to the
Electrical Board of Appeals. There being no other nominations,
Ronald Saenz was appointed by acclamation to the Electrical Board
of Appeals for a term ending June 30, 1992.
Mayor Pro Tempore Finkel opened the floor to nominations to fill
a vacancy on the Plumbing and Mechanical Board of Appeals.
Councilmember Katz nominated Cary E. Berger to the Plumbing and
Mechanical Board of Appeals. There being no other nominations,
Cary E. Berger was appointed by acclamation to the Plumbing and
Mechanical Board of Appeals for a term ending June 3D, 1992.
14-0: FIRST REGIONAL SUMMIT MEETING: Presented was the request
of Mayor Pro Tempore Finkel to present a report on the First
Regional Summit meeting of representatives of the cities of
Beverly HillS, Culver city, Los Angeles, and Santa Monica, which
was held on February 22, 1990.
Councilmember Katz moved to extend the meeting to 11: 30 P.M.
Second by Mayor Pro Tempore Finkel. The motion was unanimously
approved, Mayor Zane absent. Councilmember Jennings left the
meeting at 11:05 P.M.
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February 27, 1990
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Council asked questions of staff. Councilmember Reed moved to
direct staff to prepare an appropriation item as outlined by
Mayor Pro Tempore Finkel, in support of this subregional effort,
for Council approval on the Consent Calendar of a subsequent City
Council meeting. second by Councilmember Genser. Council
concurred.
14-E: AB 2541/FUNDING FOR MUNICIPAL BUS SYSTEMS IN LOS ANGELES
COUNTY: presented was the request of Councilmember Reed to
discuss opposition to AB 2541 (Polanco) due to the detrimental
effect it would have on funding for the municipal bus systems in
Los Angeles County. Councilmember Reed initiated discussion and
moved to express Council's opposition to Assembly Bill 2541 and
direct that an appropriate letter be sent to the Assembly
Transportation Committee. Second by Councilmember Abdo. The
motion was approved by the following vote:
Council vote: Affirmative: Counci1members Abdo, Finkel, Genser,
Katz, Reed
Absent: Councilmember Jennings, Mayor Zane
15: PUBLIC INPUT:
Council regarding
discrimination.
Member of the public Joy Fullmer addressed
motorscooters, the homeless issue, and
Mayor Pro Tempore Finkel moved to extend the meeting to 11: 40
P.M. Second by Councilmember Katz. The motion was unanimously
approved, councilmember Jennings and Mayor Zane absent.
I1-B: CLOSED SESSION: At 11:24 P.M., Council adjourned to
Closed Session for the purpose of considering personnel matters
and threatened litigation, pending litigation and litigation to
be commenced by the City as follows: 1) Purchase by City of
Santa Monica of the Zimmerman property, located on the north side
of Pico Boulevard between 21st and 22nd Streets and adjacent to
Virginia Park, within the City of Santa Monica. The negotiator
for the city is John Jalili, city Manager. The negotiator for
the owners of the property is Paul Cook.; and 2) Purchase or
lease by the City of Santa Monica of all or part of the Madison
School Property, bounded by Santa Monica Boulevard, 11th Street,
lOth street, and Arizona Avenue, from the Santa Monica Malibu
Unified School District. Negotiators for the City are John
Jalili, city Manager, and Lynne Barrette, Assistant city Manager.
The negotiator for the School District is Dr. Eugene Tucker,
Superintendent. At 11: 45 P.M. r Council reconvened. No action
was announced from Closed Session.
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February 27, 1990
56
ADJOURNMENT: At 11:46 P.M., the
adjourned in memory of Margaret
Winklmeier, and William Wallace Reid.
city Council meeting was
callaghan, Marguerite E.
ATTEST:
APPROVED:
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Dennis Zane
Mayor
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Beth J. Holmes
Assistant city Clerk
9
February 27, 1990