M-10/17/1989
354
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 17, 1989
A special meeting of the Santa Monica city council was called to
order by Mayor Zane at 6:25 p.m., on Tuesday, october 17, 1989,
in the Council Chambers, for the purpose of holding a study
Session.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
(arrived at 7:00 p.m.)
Councilmember William H. Jennings
councilmember Herbert Katz
Councilmember Christine E. Reed
Also Present: City Manager John Jalili
city Attorney Robert M. Myers
Assistant City Clerk Beth J. Holmes
SS-l: PLUMBING RETROFIT PROGRAM SURCHARGES:
Study Session regarding proposed surcharges
Plumbing Retrofit Program. Staff outlined
Council and answered questions.
Presented was a
for the City's
the program for
8S-2: REPORT OF SANTA MONICA COMMITTEE FOR YOUTH: Presented was
a report of the Santa Monica Committee for Youth. Staff and
Committee ~embers presented Council with a report summarizing the
results of the city-wide Needs Assessment Survey for Youth
Services. Members of the Committee answered questions from
Council.
ADJOURNMENT OF STUDY SESSION: At 7: 30 p.m., the special city
Council Study Session was adjourned.
SPECIAL CITY COUNCIL MEETING: At 7:46 p.m., Mayor Zane called to
order a Special City Council meeting in the Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember William H. Jennings
Councilmember Herbert Katz
Councilmember Christine E. Reed
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
Assistant City Clerk Beth J. Holmes
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355
Mayor Pro Tempore Finkel led the assemblage in the Pledge of
Allegiance to the Flag of the united states of America.
CLOSED SESSION: Not held.
4-A: OCTOBER 28, 1989/AIDS FAIR: Mayor Zane presented a
proclamation to Jeanne Segal in support of the October 28, 1989,
AIDS Fair at Santa Monica COllege. Ms. Segal urged the public to
attend.
CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING: Not
held.
PA-l: PARKING AUTHORITY MINUTES: The matter of the approval of
the Parking Authority minutes of September 5, and September 12,
1989, was withdrawn at the request of staff.
CC/PA-2: RETIREMENT HOUSING FOUNDATION/HUD 202 SENIOR HOUSING
PROJECT/1121-1l35 THIRD STREET: A recommendation to authorize the
city Manager to negotiate agreements with the Retirement Housing
Foundation and Santa Monica RHF Housing regarding the
construction of the parking structure component of the HUD 202
senior housing project at 1121-1135 Third Street, was withdrawn
at the request of staff.
5-A: MRS J. CURRAN/FICUS TREES: Presented was the request of
Mrs. J. Curran to address Council regarding ficus trees,
continued from October 10, 1989. Mrs. Curran was not present
when her item was called. Councilmember Katz moved to receive
and file Mrs. Curran' s correspondence. Second by Mayor Pro
Tempore Finkel. The motion was unanimously approved.
5-B: FOREST J. CASTERLINE/FUEL SAVING DEVICES FOR CITY VEHICLES:
Presented was the request of Forest John Casterline to address
Council regarding fuel saving, emission reduction devices for
City vehicles, continued from October 10, 1989. Mr. casterline
addressed Council. Mayor Zane suggested that Mr. Casterline
should contact the City Manager to discuss this matter. No
Council action was taken in regard to this request.
5-C: MICHAEL MINUFO/CRIME: Presented was the request of Michael
Minufo to address Council regarding the issue of crime, continued
from October 10, 1989. Mr. Minufo was not present when his item
was called. councilmember Reed moved to receive and file Mr.
Minufo's correspondence. Second by Councilmember Katz. The
motion was unanimously approved.
5-D: AIRPORT ACCESS FROM 23RD STREET/WALGROVE AVENUE: Presented
was the request of Councilmember Katz to discuss access to the
Santa Monica Airport from 23rd streetjWalgrove Avenue.
councilmember Katz initiated discussion and moved to direct staff
to develop a plan for access to the Santa Monica Airport from
23rd street/Walgrove Avenue; to address the issues of who would
be able to use this access; the type of closure to be used; the
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October 17, 1989
356
entry method ~ access for College shuttle buses; airport
personnel; Fire and Police access ~ and when the access
restrictions should go into effect; to consult with neighborhood
residents and report back to Council with a recommendation within
60 days. Second by Mayor Pro Tempore Finkel. Discussion was
held. The motion was unanimously approved.
5-E: AIRPORT PROJECT FUND: Presented was the request of
Councilmember Reed to discuss creation and allocation of an
Airport Project Fund from income generated by the airport
residual land proj ect. Councilmember Reed initiated discussion
and moved to direct the staff to report back to the Council, at
some future time, as to the appropriate way to establish an
Airport project Fund from the rent, and participation rent
revenues generated by the Airport Residual Land Development, and
staff's recommendations regarding the allocation of funds.
Second by Mayor Zane. Discussion was held. Councilmember Genser
moved to hear from members of the public. The motion died for
lack of a second. The motion to direct staff to report back to
Council regarding the Airport Project Fund was approved,
Councilmember Genser opposed.
Councilmember Genser requested that the record reflect that his
opposition to this motion is because he thinks it is silly for
the Council to make a commitment which the Council does not have
the legal authority to keep, and to start planning for funds
which will not arrive, at the earliest, for four more years, if
all goes well.
5-F: AIRPORT RESIDUAL LAND PROJECT FUNDS/AFFORDABLE HOUSING:
Presented was the request of Councilmember Abdo to discuss the
allocation of funds from the Airport Residual Land Project for
affordable housing. councilmember Abdo initiated discussion and
moved to direct staff to look at whatever ways the City can use
revenue generated not only from rent, but also from other
sources, by the Airport project to produce more affordable low
and moderate income housing, as well as the development of a new
category of "middle" income housing. Second by councilmember
Reed. Discussion was held. councilmember Genser moved to hear
from members of the public wishing to speak on this item. The
motion died for lack of a second. The motion to direct staff to
investigate ways to allocate revenue for housing derived from the
Airport Project was approved, councilmember Genser opposed.
Councilmember Genser requested that the record reflect that his
opposition is not because he does not support affordable housing,
but rather because he would prefer to support a motion that has a
more substantive meaning.
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, reading ordinances and
resolutions by title only and waiving further reading thereof.
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October 17, 1989
357
Second by Councilmember Genser. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The city council minutes of October 3,
1989, were approved as presented.
6-B: PHYSICALLY HANDICAPPED PARKING ZONE/620
Resolution No. 7928 (CCS) entitled: "A RESOLUTION
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A
FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 620 BAY
adopted.
6-C: FINAL PARCEL MAP 20503/CONDOMINIUM DEVELOPMENT/505-507 PIER
AVENUE: Resolution No. 7929 (CCS) entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR PARCEL NO. 20503," thereby approving
Final Parcel Map 20503 for 4-unit condominium at 505-507 Pier
Avenue, was adopted.
BAY STREET:
OF THE CITY
PARKING ZONE
STREET, II was
END OF CONSENT CALENDAR
a-A: EXEMPTION THRESHOLDS IN THE BCD/RVC DISTRICTS: Presented
was a staff report transmitting an ordinance for introduction and
first reading amending Ordinance No. 1481(CCS) to create
exemption thresholds for small projects in the BCDjRVC Districts.
At 8:32 p.m., Mayor Zane opened the public hearing. Joy Fullmer
spoke in opposition to the proposed ordinance. There being no
one else wishing to speak, Mayor Zane declared the public hearing
closed at 8: 38 p.m. Councilmember Reed 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 ORDINANCE NUMBER 1481(CCS) TO EXEMPT APPLICATIONS
FOR PROPOSED DEVELOPMENTS AT OR BELOW SPECIFIED SQUARE FOOTAGES
IN THE BROADWAY COMMERCIAL DISTRICT AND THE RESIDENTIAL-VISITORS
COMMERCIAL DISTRICT, II reading by title only and waiving further
reading thereof. Second by Mayor Zane. Discussion was held.
The motion was approved by the following vote:
council vote: Unanimously approved 7-0
8-B: REFUSE COLLECTION AND RECYCLING ACTIVITIES: Presented was
a staff report transmitting an ordinance for introduction and
first reading amending Chapter 2 of Article 5 of the Santa Monica
Municipal Code to reflect changes in the City's refuse collection
and recycling activities. At 8:51 p.m., Mayor Zane declared the
public hearing opened. Joy Fullmer spoke in opposition to the
proposed ordinance. There being no one else wishing to speak,
Mayor Zane declared the public hearing closed at 8:54 p.m.
Discussion was held. In response to Council concerns, the City
Attorney suggested the following changes to the proposed
ordinance: in connection with the issue of collection
containers, UIn no event shall recyclable materials be deposited
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October 17, 1989
358
in City controlled community collection containers located on
public property before 7: 00 a. m., or after 8: 00 p. m." and in
connection with the concern expressed regarding section 5215, the
addi tion of a sentence that indicates that the frequency of
collection shall not be changed without a resolution of the city
council. Councilmember Genser moved to introduce for first
reading an ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE V OF
THE SANTA MONICA MUNICIPAL CODE TO REFLECT CHANGES IN THE CITY'S
REFUSE COLLECTION AND RECYCLING ACTIVITIES," as amended, reading
by title only and waiving further reading thereof. Second by
Councilmember Reed. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
8-C: REMOTE CONTROL MODEL AIRCRAFT ORDINANCE: Presented was a
staff report transmitting an ordinance for introduction and first
reading adding section 4203j to the Santa Monica Municipal Code
to restrict the use of remote control model aircraft in the City.
At 8:58 p.m., Mayor Zane declared the public hearing opened.
Browne Goodwin spoke in support of the proposed ordinance and
suggested that it be amended to refer specifically to model
airplanes, helicopters, and rockets in the first paragraph; that
the second paragraph apply to unpowered aircraft such as gliders,
which weigh over a specific limit; that motor-powered be
clarified so as to specify internal combustion, electric, and
rocket motors; and that uncontrolled model rockets be included in
the ordinance. There being no one else wishing to speak, Mayor
Zane closed the public hearing at 9:00 p.m. Discussion was held.
councilmember Reed moved to introduce for first reading, an
ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4203J TO THE SANTA MONICA
MUNICIPAL CODE TO RESTRICT THE USE OF REMOTE CONTROL MODELS IN
THE CITY," reading by title only and waiving further reading
thereof. Second by Mayor Pro Tempore Finkel. The motion was
approved by the following vote:
council vote: Unanimously approved 7-0
Councilmember Reed moved to direct the city Attorney, in
consultation with the City Manager's staff, to bring back some
amendments or enhancements to this ordinance which would cover
some of the categories put forward by Mr. GOOdwin, such as
aircraft, helicopters, and rockets, and non-motor powered model
aircraft such as gliders, and rockets. Second by Mayor Pro
Tempore Finkel. The motion was unanimously approved.
8-D: DOGS IN DESIGNATED AREAS OF CITY PARKS: Presented was a
staff report transmitting an ordinance for introduction and first
reading amending Municipal Code Section 4115 to permit dogs in
designated areas of City parks. Council asked questions of
staff. At 9: 04 p.m., Mayor Zane declared the public hearing
opened. Joy Fullmer spoke in opposition to the proposed
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October 17, 1989
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359
ordinance. There being no one else wishing to speak, Mayor Zane
closed the public hearing at 9: 08 p.m. Discussion was held.
Mayor Pro Tempore Finkel 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 SECTION 4115 OF THE SANTA MONICA MUNICIPAL CODE
TO PERMIT DOGS IN DESIGNATED AREAS OF CITY PARKS," reading by
title only and waiving further reading thereof. Second by
Councilmember Abdo. The motion was approved by the following
vote:
council vote: Unanimously approved 7-0
Il-B: CLOSED SESSION: Not held.
12-A: PLANNING COMMISSION APPEAL/C.U.P. 89-036/JEHOVAH'S
WITNESSES MEETING HALL/21l9 VIRGINIA AVENUE: Presented was an
appeal of the Planning Commission technical denial of Conditional
Use Permit 89-036 to allow the construction of a 3,500 square
foot meeting hall with one residential unit and parking for 42
cars located at 2119 Virginia Avenue. Applicant: Santa Monica
congregation of Jehovah's Witnesses. Council asked questions of
staff. Mr. James Lacher addressed Council on behalf of the
appl icantj appellant, in support of the appeal. Vivian Linder,
Vabel Reed, Roberta Weiser, and Clyde Smith spoke in opposition
to the appeal. Sarah A. Young, Kelly MiCkens, Jeff Kessler,
Cleveland Prosser, Mary Thomas, Dean Ventri, and Norma Ramstein
spoke in support of the appeal. Mr. James Lacher spoke on behalf
of the applicant/appellant in rebuttal to comments made by
members of the public who were opposed to the appeal. Mayor Zane
moved to continue the pUblic hearing to the Council meeting of
November 7, 1989, as the first item on the agenda, to allow
members of the public who were confused about the date of the
hearing to address Council, and to provide an additional five
minutes of rebuttal to the applicant/appellant to rebut comments
made at the meeting of November 7, 1989. Second by Mayor Pro
Tempore Finkel. Discussion was held. The motion was aproved by
the following vote:
council vote: Unanimously approved 7-0
14-A: APPOINTMENT OF MEMBERS TO BOARDS AND COMMISSIONS:
Presented was the matter of the appointment of members to boards
and commissions, continued from the Council meeting of October
10, 1989. Mayor Zane requested an updated list of liaisons to
the Electrical Board of Appeals, and the Plumbing and Mechanical
Board of appeals. At the request of Mayor Zane, these
appointments were continued for sixty days.
l4-B: T.O.R.C.A. CONVERSION PROCESS: Presented was the request
of Mayor Zane to discuss problems in the TORCA conversion
process, continued from October 10, 1989. Mayor Zane initiated
discussion and moved to direct staff to investigate
irregularities within the TORCA process and to return to Council
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October 17, 1989
360
with potential regulatory remedies to insure that the intent of
the TORCA process is maintained. Second by Mayor Pro Tempore
Finkel. Discussion was held. Councilmember Genser moved to
amend the motion to include direction to staff to develop a
monitoring or enforcement mechanism that would insure that
apartments which are vacated through various conversion practices
maintain the Rent Control Department t s maximum allowable rent,
should they be subsequently re-rented. The amendment was
accepted as friendly by the maker and second of the main motion.
The motion, as amended, was unanimously approved.
14-C: R-l VARIANCE AND C.U.P. APPEAL PROCEDURES: Presented was
the request of Counci1member Jennings to discuss revising R-l
variance and CUP procedures so that appeals are. to Planning
Commission and not to Council, continued from October 10, 1989.
councilmember Jennings initiated discussion on this matter.
Mayor Zane moved to direct staff to provide Council with an
information i te.m on this issue and to agendize such action as
necessary to insure that Council does not hear CUP appeals in the
future. Second by Councilmember Genser. The motion was
unanimously approved.
14-0: EARTH DAY ACTIVITIES: Presented was the request of
Councilmember Jennings to discuss appropriate involvement of
Santa Monica in Earth Day activities (April 22, 1990), continued
from October 10, 1989. Councilmember Jennings initiated
discussion and moved to request that staff report back to
council, in a timely fashion, after consultation with the Earth
Day sponsors, and Heal The Bay, regarding the activities in which
the city should be involved, in honor of Earth Day. Second by
Mayor Zane. The motion was unanimously approved.
14-E: BARRY W. BOEHM/RESIGNATION FROM THE LIBRARY BOARD:
Presented was the matter of the acceptance of a letter of
resignation from Barry w. Boehm of the Library Board and
authorization to the City Clerk to publish a notice of vacancy,
continued from October 10, 1989. Mayor Pro Tempore Finkel moved
to accept Mr. Boehm I s resignation with regret and to authorize
the Ci ty Clerk to publish a notice of vacancy. Second by
Councilmember Reed. The motion was unanimously approved.
l4-F: PAUL ROSENSTEIN/RESIGNATION FROM THE PIER RESTORATION
CORPORATION: Presented was the matter of the acceptance of a
letter of resignation from Paul Rosenstein of the Pier
Restoration Corporation and authorization to the city Clerk to
publ ish a notice of vacancy, continued from October 10, 1989 .
Mayor Pro Tempore Finkel moved to accept Mr. Rosenstein's
resignation with regret and to authorize the City Clerk to
publish a notice of vacancy. Second by Councilmerober Genser.
The motion was unanimously approved.
14-G: COUNCILMEMBER REED/COUNCIL TRAVEL FUNDS: Presented was
the request of Councilmember Reed to discuss authorization for
the use of Council travel funds to attend the Turning the Tide
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361
Conference in Seattle, Washington, continued from October 10,
1989. Councilmember Reed initiated discussion. Mayor Pro
Tempore Finkel moved to approve Councilmember Reed's use of
Council travel funds to attend this conference. Second by
councilmember Katz. The motion was unanimously approved.
14-H: SOCIAL INVESTMENT FORUM CONFERENCE: Presented was the
request of Mayor Zane to discuss co-sponsorship of the Social
Investment Forum Conference in Santa Monica on December 4, 1989.
Mayor Zane initiated discussion. Mayor Pro Tempore Finkel moved
to approve the City's co-sponsorship of this conference. Second
by Counci1member Genser. The motion was unanimously approved.
14-I: COUNCIL CHAMBERS FEE: Presented was the request of Mayor
Zane to discuss waiving the fee for the use of the Council
Chambers by the California Public Employees' Retirement System on
October 17 and October 24, 1989. councilmember Genser moved to
approve waiving the Council chambers fee for these meetings.
Second by Councilmember Reed. The motion was unanimously
approved.
15: PUBLIC INPUT: There were no members of the public
requesting to address council.
ADJOURNMENT: At 10:35 p.m., Mayor Zane moved that the meeting be
adjourned in memory of the residents of the San Francisco Bay
Area, and northern California who lost their lives in the day'S
earthquake. Second by Councilmember Reed. The motion was
unanimously approved.
ATTEST:
APPROVED:
~
Assistant City Clerk
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Dennis Zane
Mayor
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October 17, 1989
362
NOTICE OF CANCELLATION OF MEETING OF
SANTA MONICA CITY COUNCIL
OCTOBER 24, 1989
NOTICE IS HEREBY GIVEN that the regularly scheduled meetlng
of the Santa Monlca Clty Council to be held at 7:30 P.M. on
Tuesday, October 24, 1989, In the Councll Chambers, 1685
Maln Street, Santa Monlca, has been cancelled by actlon of
the Clty Counell at thelr meetlng held October 10, 1989.
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Clarlce E. Johns~
Clty Clerk