M-2/14/1989
95
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 14,1989
A meeting of the Santa Monica city Council was called to order by
Mayor Zane at 7:36 p.m., on Tuesday, February 14, 1989, 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
City Clerk Clarice E. Johnsen
CLOSED SESSION: Held later in the meeting (See Item ll-C at the
end of the meeting).
Councilmember Reed led the assemblage in the Pledge of Allegiance
to the Flag of the united states of America.
4-A: RECOGNITION OF SERVICE/ARTS COMMISSION MEMBER: Mayor Zane
presented a plaque to Browne Goodwin in recognition of his past
service on the Arts commission.
4-B: COMMENDATION/"YES ON THE LIBRARY COMMITTEE": Mayor Zane
presented commendations to Dan Cohen, Gaye Deal, Mary Lou
Harbison, Michael Hill, Robert Holbrook, H. R. Horst, Christine
Reed, Susan Rice, and John Richards of the "Yes on the Library
Committee" for their efforts in support of Proposition JJ for the
Library Bond Issue.
4-C: COMMENDATION/TED MANN: Mayor Zane and Ilona Katz, Chairman
of the Board of Trustees of the community College District,
presented commendations to Ted Mann for his contribution of space
for the Emeritus College classes held at the Wilshire Twin
Theaters.
14-A: EMERITUS COLLEGE: Presented was the request of Mayor Zane
and Councilmember Katz to discuss City College cooperation in
bringing the Emeritus College to the Third street Promenade.
Councilmember Katz moved to direct staff to work in close harmony
with the College to help locate, and develop a concept, that
would allow the Emeritus College to be located on the Third
Street Promenade as soon as possible, and to return to Council
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96
with a proposed concept to be discussed by Council. Second by
Mayor Zane. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
4-D: COMMUNITY COLLEGE MONTH: Mayor Zane presented a
proclamation to Ilona Katz, Chairman of the Board of Trustees of
the Community College District, designating the month of February
as Community College Month.
5-A: FEEDING THE HOMELESS: The request of Mimi Adams to address
Council regarding locating a place to feed the homeless was
continued to the meeting of February 28, 1989, at the request of
Ms. Adams.
5-B: PREVAILING WAGE AND APPRENTICESHIP REQUIREMENTS: Presented
was the request of Mayor Pro Tempore Finkel to discuss Ordinance
No. 1408 (CCS) regarding prevailing wage and apprenticeship
requirements. Mayor Pro Tempore Finkel initiated discussion and
moved to direct the City Attorney's staff to investigate this
matter and return to council with any appropriate recommendations
that might provide the opportunity for closing the loophole in
guaranteeing that prevailing wage rates and apprenticeship
requirements will be met by all people who do business with the
City, directly or indirectly. Second by Councilmember Genser.
Councilmember Katz moved to table this matter. Second by
Councilrnember Reed. The motion to table failed, Councilmembers
Abdo, Finkel, Genser, and Mayor Zane opposed. Discussion
followed. By Council consent, the main motion was divided into
two separate motions. Mayor Zane clarified the first Illotion
would be to direct the City Attorney to investigate the
applicability of Ordinance No. 140S(CCS) to sublessees, and
subcontractors, that came about after the adoption of the
ordinance, but where the original lease or contract pre-dated the
ordinance, and the legal question as to whether the ordinance
would be retroactive. On a call for a vote on the motion, it
carried by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Negative: Councilmember Reed
Mayor Zane stated the second motion was to direct the City
Attorney to investigate the issue of whether or not the City has
the police power to regulate private contracts, of certain
categories, within the City's physical jurisdiction. On a call
for a vote on the motion, it was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Mayor Zane
Negative: Councilmembers Jennings, Katz, Reed
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February 14, 1989
97.
councilmember Reed requested the record to reflect that her
reason for voting no was that she believes that the City should
wai t for the opinion of the Attorney General of the state of
California.
5-C: PERIPHERAL PARK-AND-RIDE STRATEGIES FOR SANTA MONICA:
Presented was the request of Mayor Zane to discuss directing
staff to investigate peripheral park-and-ride strategies for
Santa Monica. Mayor Zane initiated discussion and moved to
direct staff to include, in its investigation of this matter and
its discussions with the agency conducting the citywide traffic
analysis, an examination of the relevance and the applicability
of peripheral park-and-ride strategies to Santa Monica. Second
by Mayor Pro Tempore Finkel. During discussion, the maker of the
motion and second agreed to amend the motion to broaden its scope
in order to provide staff the latitude to respond in the context
of a larger traffic management program, such as the Air Quality
Management District. The motion, as amended, was unanimously
approved.
5-0: FIREARMS: Presented was the request of Mayor Pro Tempore
Finkel to discuss regulating and controlling the acquisition,
possession and use of firearms. Mayor Pro Tempore Finkel
initiated discussion. Councilmember Genser moved to hear from
members of the public. Second by Councilmember Katz. The motion
was unanimously approved. Thomas E. Locke, and E. Bruce Jochim
spoke in opposition to a ban on semiautomatic and assault
weapons. Mr. Jochim proposed a 15-day waiting period on the
purchase of these kinds of firearms. Discussion was held. Mayor
Pro Tempore Finkel moved to direct the City Attorney to prepare
an ordinance banning the possession and sale of rapid-fire arms
in the City. Second by Councilmember Katz. The motion was
unanimously approved.
Mayor Pro Tempore Finkel moved to direct the city's lObbyist in
Sacramento to advise the city's staff of the status of any past,
pending, or proposed state legislation regulating or controlling
firearms, and that the City instruct the lobbyist to join in
lobbying efforts to create or strengthen firearm control laws in
California (including the implementation of a 15-day waiting
period on the purchase of all guns) by networking with other
cities, including the League of California Cities. Second by
Councilmember Katz. The motion was unanimOUSly approved.
Mayor Pro Tempore Finkel moved to instruct staff to consult with
the School District with a view toward working together to obtain
the support of the State Department of Education in lobbying for
the gun control s referred to in the last motion. Second by
Councilmember Katz. The motion was unanimously approved.
councilmember Jennings moved to direct staff to evaluate the
possibility of buying back private firearms owned by Santa Monica
residents, either limited to automatic and semi-automatic
weapons, or expanded to include other types of firearms, in terms
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February 14, 1989
98
of police savings, and to return to Council with an information
item regarding whether or not this is a worthwhile expenditure of
city funds. Second by Mayor Zane. Councilmember Genser moved to
amend the motion to direct staff to return to council with any
recommendations in the area of gun control, not just limited to a
firearm buy-back program. The amendment was accepted friendly by
the maker and second of the motion. The motion was unanimously
approved.
Mayor Pro Tempore Finkel moved to instruct the ci ty Attorney's
staff to investigate options for regulating the possession and
sale of all firearms in the City and to return to Council with a
menu of options which may include the possibility of proposed
legislation for council consideration. second by councilmember
Genser. Discussion was held. The motion was approved by the
following vote:
Council vote: unanimously approved 7-0
6. CONSENT CALENDAR: The consent Calendar was presented whereby
all items are considered and approved in one motion unless
removed from the calendar for discussion. Councilmember Genser
moved to approve the Consent Calendar with the exception of Items
6-H and 6-J, reading resolutions and ordinances by title only and
waiving further reading thereof. Second by council1t\ember Abdo.
The motion was approved by the following vote:
Council vote: unanimously approved 7-0
6-A: CITY COUNCIL MINUTES: The City Council minutes of January
24, January 31, February 1, and February 7, 1989, were approved
as written.
6-B: CITY OFFICERS AND EMPLOYEES MAKING ARRESTS: Ordinance No.
1465 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 3606B TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO THE MAKING OF ARRESTS BY CITY OFFICERS
AND EMPLOYEES," was adopted.
6-C: DAMAGED SIDEWALKS, DRIVEWAYS I AND CURBS: Resolution No.
7758 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR
OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS
(SR-89-126/127)," was adopted, thereby setting a public hearing
for March 28, 1989, on the assessment of costs to repair damaged
sidewalks, driveways, and curbs on various streets.
6- D: FIREFIGHTERS CENTENNIAL PARADE: Resol ution No. 7759 (eCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE HOLDING OF A PARADE ON OCTOBER 1, 1989, ON
A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was approved.
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6-E: TRASH LINERS FOR VARIOUS DEPARTMENTS: Bid No. 2206 was
awarded to Zellerbach Co. at specified units prices to furnish
and deliver trash liners for various departments.
6-F: ALKALINE BATTERIES FOR VARIOUS DEPARTMENTS: Bid No. 2208
was awarded to Battery Specialties at specified unit prices to
furnish and deliver alkaline batteries for various departments.
6-G: CONSULTING SERVICES/SPTC SANTA MONICA BRANCH RIGHT-OF-WAY:
A recommendation to authorize the city Manager to apply to the
Los Angeles County Transportation Commission for authority to
appropriate $140,000 in Prop. A Local Return Rail Reserve Funds
to Account #33-710-631-000-906 for consultant services, and for
staff to perform transportation mOdeling and planning studies to
support the valuation of the Southern Pacific Transportation
Company Santa Monica Branch Line right-of-way, and upon approval
by LACTC to affect these appropriations and the technical
appropriations specified in the Budgetary/Fiscal impact section
of the staff report dated February 14, 1989; to authorize the
city Manager to negotiate and execute Contract No. 5272(CCS) with
Hill International in an amount not to exceed $80,000 for
right-of-way valuation as described in the staff report; to
authorize the City Manager to negotiate and execute Contract No.
5273 (CCS) with Aldaron, Inc. in an amount not to exceed $40,000
to carry out the Public Information and Community Outreach
program described herein; and to authorize the city Manager to
begin negotiations with the Southern Pacific Transportation
Company as soon as practicable, was approved.
6-1: KIWANIS CLUB ANNUAL SANTA MONICA BED RACE: Resolution No.
7761 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF AN EVENT ON A
RACE ROUTE MORE FREQUENTLY THAN ONCE EVERY TWO MONTHS," was
approved, thereby allowing the Kiwanis Club to conduct their
Annual Santa Monica Bed Race on Sunday, April 2, 1989, and
waiving the City's race route frequency requirements.
END OF CONSENT CALENDAR
6-H: LOS ANGELES COUNTY HAZARDOUS WASTE MANAGEMENT PLAN:
Presented was a staff report transmitting a resolution approving
the Los Angeles County Hazardous Waste Management Plan and urging
the County to join the Southern California Hazardous Waste
Authority. Council asked questions of staff. The city Attorney
proposed the fallowing language to be added to the resolution.
Section 1 of the resolution approving the plan should be amended
to read as follows: "Subject to the conditions set forth below,
the City Council of the city of Santa Monica approves the Los
Angeles County Hazardous Waste Management Plan. This approval
shall become effective upon the County of Los Angeles becoming a
member of the Southern California Hazardous Waste Authority and
in the event that the County of Los Angeles does not become a
member this resolution shall be deemed a disapproval of the
Plan. " Member of the public Joy Fullmer expressed her concerns
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February 14, 1989
100
regarding the proposed resolution. Councilmember Jennings moved
to approve Resolution No. 7760 (CCS) entitled: JlA RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE LOS
ANGELES COUNTY HAZARDOUS WASTE MANAGEMENT PLAN, tt as amended by
the City Attorney, reading by title only and waiving further
reading thereof, thereby approving the Los Angeles County
Hazardous Waste Management Plan, and urging Los Angeles County to
become a member of the Southern California Hazardous Waste
Authority. Second by councilmember Reed. Discussion was held.
The motion was approved by the following vote:
council vote: Unanimously approved 7-0
6-J: SALE OF CITY OWNED PROPERTY ALONG OCEAN PARK BOULEVARD:
Presented was a staff report transmitting resolutions waiving the
advertisement requirements and authorizing the sale of three
City-owned properties located along Ocean Park Boulevard, between
Second Street and Highland Avenue, and a Resolution of Intention
to vacate parcels and the approval of re-programming $67,060 for
an architect and landscaping of six parcels. Member of the
public Joy Fullmer expressed her concerns regarding the proposed
sale of the parcels. Member of the public Veena Sadana spoke in
support of the proposed sale. Council asked questions of staff.
Councilmember Genser moved to approve the staff recommendation
and adopt Resolution No. 7762 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING
ADVERTISEMENT REQUIREMENTS AND AUTHORIZING THE SALE OF SURPLUS
CITY-OWNED PARCELS OF REAL PROPERTY ALONG OCEAN PARK BOULEVARD IN
THE CITY OF SANTA MONICA," and Resolution No. 7763(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ORDER VACATION OF EXCESS STREET
RIGHT-OF-WAY PARCELS LOCATED ALONG OCEAN PARK BOULEVARD AND SIXTH
STREET, II reading resolutions by title only and waiving further
reading thereof. Second by councilmember Abdo. The motion was
unanimously approved.
7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff
report and a public hearing on the assessment of costs to repair
damaged sidewalks, driveways and curbs (SR-89-122/123). Mayor
Zane opened the pUblic hearing at 9:25 p.m. There being no one
wishing to speak, the public hearing was declared closed at 9:26
p. In. Councilmember Genser moved to acknowledge any protests
received, to approve the staff recommendation, and adopt
Resolution No. 7764 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE
SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS,
DRIVEWAYS AND CURBS (SR-89-l22/123), II reading by title only and
waiving further reading thereof. Second by Mayor Pro Tempore
Finkel. The motion was unanimously approved.
7-B: GUTTER CONSTRUCTION/STREET RESURFACING ASSESSMENT:
Presented was a staff report and public hearing on gutter
construction and a street resurfacing assessment district on
various City streets. Mayor Zane opened the public hearing at
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9: 28 p.m. There being no one wishing to speak, the public
hearing was declared closed at 9: 29 p. m. Mayor Pro Tempore
Finkel moved to acknowledge the protest received, to approve the
staff recommendation, and to adopt Resolution No. 7765(CCS)
entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET
RESURFACING ON VARIOUS CITY STREETS ALL WITHIN THE CITY OF SANTA
MONICA," reading by title only and waiving further reading
thereof. Second by Councilmember Genser. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
Council recessed at 9:30 p.m. council reconvened at 9:45 p.m.
All members were present.
a-A: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Presented was a
staff report and an ordinance for introduction and first reading
amending Santa Monica Municipal Code Section 2940, 2942, 2943,
2944 and 2946 relating to procedures and pOlicies of the
community Development Block Grant Program. Council asked
questions of staff. Mayor Zane declared the public hearing
opened at 10:05 p.m. Joy Fullmer spoke in support of the
proposed ordinance. There being no one else wishing to speak,
Mayor Zane declared the public hearing closed at 10: 10 p. m.
Councilmember Katz moved to introduce for first reading an
ordinance entitled : "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 2940, 2942, 2943, 2944, AND 2946 RELATING TO PROCEDURES
AND POLICIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, II
reading by title only and waiving further reading thereof.
Second Councilmember Abdo. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
8-B: RENTAL UNITS WITHDRAWN PURSUANT TO ELLIS ACT: Presented
was a staff report transmitting an ordinance for adoption and
second reading amending Santa Monica Municipal Code section 9304,
9311, 9312, and 9346 relating to City subdivision requirements
and adding Section 48l2a relating to local land use requirements
applicable to rental units withdrawn for the rental housing
market pursuant to the Ellis Act. Council asked questions of
staff. Councilmember Genser moved to adopt Ordinance No.
1466 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 9304, 9311, 9312, AND 9346 RELATING TO SUBDIVISION
REQUIREMENTS AND ADDING SECTION 4812a TO CLARIFY LOCAL LAND USE
REQUIREMENTS APPLICABLE TO RENTAL UNITS WITHDRAWN FROM THE RENTAL
HOUSING MARKET PRUSUANT TO THE ELLIS ACT," reading by title only
and waiving further reading thereof. Second by Mayor Pro Tempore
Finkel. The motion was approved by the following vote:
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February 14, 1989
102
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmembers Katz and Reed
Councilmember Jennings requested the record to reflect that the
reason that he supports this item is that based upon the
questions he has asked of the city Attorney, the ordinance
results in protecting the tenants that are currently renting in
Santa Monica from their building being Ellised and people doing
an under-the-table condo conversion.
Councilmember Reed requested the record to reflect that her
reason for voting no is that she belives that this ordinance does
nothing to preserve either rental housing or existing apartment
buildings, but rather it will advance the demolition of apartment
buildings and/or the removal of units through the consolidation
of units in those buildings.
II-A: PICO-KENTER STORM DRAIN: Presented was a staff report
transmi tting a recommendation to authorize the City Manager to
sign an interagency agreement with City of Los Angeles and Los
Angeles County to implement improvements to the Pice-Kenter sterm
Drain. council asked questions of staff. Member of the public
Joy Fullmer spoke in support of the staff recommendation and
expressed her concerns regarding the length of time necessary and
the costs of implementing the program. Councilmember Reed moved
to approve the staff recommendation and authorize the City
Manager to negotiate and execute an interagency Agreement No.
5274 (CCS) between the City of Santa Monica, the City of Los
Angeles, and Los Angeles County to implement improvements to the
Pico-Kenter storm Drain, and to direct staff to prepare a letter
for the Mayor I s signature thanking the other two agencies for
their contributions and participation to date. Second by Mayor
Pro Tempore Finkel. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
Il-B: SPECIAL PROVISIONS/CENTERLINE TIES/TRACT MAP SERVICES
FEES: Presented was a staff report transmitting a resolution for
adoption setting fees for special provisions and plans,
centerline ties and tract map services. Member of the public Joy
Fullmer expressed her concerns regarding the hourly cost of the
tract map approval process, and proposed lower fees for housing
development. Councilmember Katz moved to adopt Resolution No.
7766 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING FEES FOR SPECIAL PROVISIONS AND
PLANS, AND CENTERLINE TIE AND TRACT MAP SERVICES, II 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
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February 14, 1989
103
11-C: CLOSED SESSION: Held later in the meeting.
12-A: APPEAL/CUP 88-012/CONDOMINIUM/: An appeal of Planning
commission approval of Conditional Use Permit 88-012 to permit
construction of a three story, 361811 high, nine unit condominium
constructed over 20 subterranean parking spaces in the R3
district was continued to the Council meeting of February 28,
1989 at the request of the applicant and appellant.
13-A: SIAMAK ASSADI/HUMAN RIGHTS VIOLATIONS IN IRAN: Presented
was the request of Siamak Assadi to address Council regarding
support to oppose human rights violations in Iran. Mr. Assadi
addressed Council on behalf of CISPI (Committee in Solidarity
with the People of Iran) and requested that Council join their
campaign to protest human rights violations in Iran. Mayor Pro
Tempore Finkel moved to hear from another speaker on this matter.
second by Councilmember Genser. The motion was approved,
Councilmember Jennings opposed. Ramin Afshar also addressed
council in support of CISPI. Discussion was held.
Councilmember Finkel stated for the record that he opposes the
execution of political prisoners in Iran and everywhere else. He
supports the human rights efforts of Amnesty International, and
other organizations, to bring an end to violations of human
rights in Iran, as well as elsewhere, and he fully intends to
send a letter to appropriate authorities of Iran, calling for an
end to these violations. He hopes that some of his colleagues
will follow suit.
During discussion, it was agreed that no Council action would be
taken, but that each individual councilmember could act on his
own behalf in support of efforts to prevent human rights
violations. council also urged members of the public to join in
the efforts of Amnesty International and write letters, on behalf
of political prisoners, to the leaders of countries where human
rights abuses are being practiced.
13-B: PETER BERKE/EXCESSIVE CONSTRUCTION AND OVER-DEVELOPMENT:
Presented was the request of Peter Berke to address council
regarding downzoning, and protecting his neighborhood on Third
street from excessive construction and over-development. Mayor
Zane requested that Council hold their questions and discussion
until after Item 13-E, because the following speakers are
speaking on different aspects of the same issue. Mr. Berke
stated some specific requests of area neighbors regarding
development this neighborhoOd, and requested a moratorium on
future development. Council asked questions of Mr. Berke.
Councilmember Genser moved to extend the meeting to 11: 45 p. m.
Second by Councilmember Reed. The motion was approved.
13-C: SUZANNE ABRESCIA/OVER-DEVELOPMENT: Presented was the
request of Suzanne Abrescia to address council regarding
overdevelop~ent in her neighborhood (Wilshire to Montana, Fifth
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February 14, 1989
104
Street to Ocean Avenue). Ms. Abrescia addressed council
regarding parking problems, construction hours, Ellis act abuse
protections, and Third Street Mall development.
13-0: MARILYN SPIVEY/PROPOSED DOWNZONING: Presented was the
request of Marilyn Spivey to address Council regarding proposed
downzoning from R-4 and R-3 to R-2 in the area of the 900 block
of 5th street. Ms. spivey proposed that citizen representatives
sit on the Planning Commission, (on a rotating basis), when
development for a specific neighborhood is considered.
13-E: ALLAN A. ZAHNER/EFFECT OF DEVELOPMENT ON THE ENVIRONMENT:
Presented was the request of Allen A. Zahner to address Council
regarding providing information about the effect of development
on the environment. Mr. Zahner proposed the periodic pUblication
of maps which would show the locations of development,
construction, and proposed development throughout the City. Such
maps could be published in the Evening outlook, included in
regular mailings to residents of affected areas, or disseminated
by the various neighborhood organizations.
Councilmember Abdo moved to direct staff to meet with members of
the North of Wilshire organization (represented by Peter Berke,
Suzanne Abrescia, Marilyn Spivey, and Allan Zahner), the
Neighborhood Support Center, and individual councilmembers who
wish to attend, to address the concerns of the neighborhood.
Second by Mayor Pro Tempore Finkel. Councilmemer Reed moved to
amend the motion to include direction to staff to report back to
Council with regard to the timing of the down-zoning request, to
cover the same issues that were considered regarding the Ocean
Park down-zoning, and that staff should also include in their
report, from the Planning standpoint, the advisability of
extending the down-zoning to the entire R-3 zone. Second by
Councilmember Katz. The motion was accepted as friendly by the
maker and second of the original motion. During discussion, the
motion was further amended to include, in the report from staff,
information on the density of development activity in the
neighborhood. The motion, as am.ended, was approved by the
following vote:
Council vote: Unanimously approved 7-0
Mayor Pro Tem.pore Finkel moved to extend the meeting to 12:15
a. m. Second by Councilmember Abdo. The motion was approved,
Councilmembers Katz and Reed opposed.
At 11:55 p.m., councilmember Reed was excused from the meeting.
13-F: RICHARD ORTON/MAIN STREET PARKING STRUCTURE ALTERNATIVE:
Presented was the request of Richard Orton to address Council
regarding Main Street Parking structure Alternative Workshop held
January 23, 1989. Mr. Orton addressed Council regarding the
proposals discussed at the workshop. Council asked questions of
Mr. Orton. Discussion was held. By Council consent, staff was
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February 14, 1989
lO~
directed to report back regarding the scheduling of further
meetings, that would allow increased merchant participation in
the discussion of this issue.
13-G: MARC STERN: HANDICAPPED PARKING SPACE: presented was the
request of Marc Stern to address council regarding a handicapped
parking problem in connection with construction at 2510-2522 Main
street. council asked questions of Mr. stern. Discussion was
held. By Council consent, the City Manager was directed to work
with Mr. stern to deal with his parking problem.
14-A: EMERITUS COLLEGE ON THIRD STREET MALL: Discussed earlier
in the meeting, after Item 4-C.
14-B: COUNCIL CHAMBERS FEE: Presented was the request of Mayor
Zane to discuss waiving the fee for the use of the Council
Chambers by the Los Angeles County Superior Court on each Monday
and Wednesday morning commencing February 15 and continuing
through April 26, 1989. Mayor Pro Tempore Finkel moved to waive
the fee for use of the Council Chambers. Second by Councilmember
Genser. The motion was unanimously approved, councilmember Reed
absent.
14-C: PARKING NEEDS IN OLYMPIC CORRIDOR: Presented was the
request of Mayor Zane to discuss direction to staff to evaluate
strategies for meeting parking needs of under-parked industrial
uses in the Olympic corridor. Mayor Zane initiated discussion
and moved to direct staff to address this problem, and any
similar problems of other nearby industrial uses in that area.
Second by Councilmember Genser. Discussion was held. The motion
was unanimously approved, Councilmember Reed absent.
14-0: NON-PROFIT ORGANIZATIONS/CHURCHES/PREFERENTIAL PARKING
DISTRICTS: Presented was the request of Mayor Zane to discuss
treatment of non-profit social service organizations and churches
in preferential parking districts. Councilmember Abdo stepped
down from the dias during discussion and consideration of this
matter due to a possible conflict of interest. Mayor :lane
ini tiated discussion and moved to direct staff to develop, for
Council consideration, pOlicy options for the treatment of
churches and non-profit social service organizations in the
context of preferential parking districts. Second by Mayor Pro
Tempore Finkel. The motion was approved, councilmembers Abdo and
Reed absent. Councilmember Abdo returned to the dais.
14-E: GRAFFITI ON BUILDINGS: Presented was the request of
Councilmember Jennings to discuss graffiti placed on buildings by
owners. Councilmember Jennings initiated discussion and moved to
direct staff to report back regarding the city's options to keep
this kind of graffiti from showing up on buildings in the
commercial and residential zones of the City. Second by
Councilmember Genser. Discussion was held. The motion failed,
Councilmembers Abdo, Finkel, Katz, and Mayor Zane opposed,
Councilmember Reed absent.
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106
14-F: COUNCIL TRAVEL FUNDS: Presented was the request of Mayor
Zane and Councilmember Katz to approve the use of travel funds
for attending the Making cities Livable Conference in Charleston,
South Carolina from October 24, to 28, 1989. Mayor Zane
ini tiated discussion. Councilmember Abdo moved to approve the
use of Council travel funds for Mayor Zane, Councilmember Katz
and any other Councilmembers who wish to attend. During
discussion, the City Attorney suggested that since the agenda
item proposed the approval of travel funds for two specific
councilmembers, it would be more appropriate to agendize the
approval of travel funds for other councilmembers at a later
date. Mayor Pro Tempore Finkel moved to continue the matter to
the next Council meeting. The motion failed due to lack of a
second. Councilmember Genser moved to approve the use of travel
funds for Mayor Zane and Councilmember Katz. Second by
Councilmember Abdo. The motion was unanimously approved,
Councilmember Reed absent.
Councilmember Katz moved to extend the meeting to
Second by councilmember Abdo. The motion was
Councilmember Reed absent.
1:00 a.m.
approved,
14-G: CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW FOR
DEVELOPMENTS: Presented was the request of councilmember Genser
to discuss the potential problem of applicants for development
permits splitting their projects into two or more smaller
proj ects in order to escape CEQA review. councilmember Genser
ini tiated discussion and moved to direct staff to investigate
ways by which council may address this problem, if indeed it is a
problem. Second by Councilmember Katz. During discussion the
motion was modified to include direction to staff to return with
a set of guidelines for Council to follow when dealing with this
issue, and to develop standards by which developers are
discouraged from splitting their projects to escape CEQA review.
The motion was unanimously approved, Councilmember Reed absent.
Further discussion was held.
14-H: CITY MANAGER CONDITIONS OF EMPLOYMENT: Considered after
Closed Session.
14-1: CITY ATTORNEY CONDITIONS OF EMPLOYMENT: Considered after
Closed Session.
14-J: MOTORCYCLE SAFETY: The request of Mayor Zane to discuss
support of Assembly Bill 55 (Hansen) concerning motorcycle safety
was continued to the Council meeting of February 28, 1989, at the
request of Mayor Zane.
15. PUBLIC INPUT: Joy Fullmer addressed Council regarding her
concern over the lack housing development in the downtown area,
and discrimination against single people.
11-C: CLOSED SESSION: Presented was a
Session for the purpose of considering
request for Closed
personnel matters,
12
February 14, 1989
107
threatened litigation, and litigation to be commenced by the
city. At 12: 37 a.m., Council adjourned to Closed Session to
consider the following cases: Claim of CNA/Jill Eisfelder, Claim
No. MBL 88-7-l7j Blodgett v. City of Santa Monica, et al., Santa
Monica Superior Court Case No. WEC 090 198j Shell oil Company v.
City of Santa Monica, united States District Court Case No. CV 82
2362-RJK (Gx)j David Louie v. City of Santa Monica, et al., Los
Angeles Superior Court Case No. C 571 527. At 1:16 a.m., council
reconvened with councilmembers Abdor Genser, Jennings, Katz,
Finkel and Mayor Zane present. Councilmember Reed was absent.
Councilmember Abdo moved
Second by Councilmember
Councilmember Reed absent.
to extend the meeting to
Katz. The motion was
1:20 a.m.
approved,
Councilmember Katz moved to approve a settlement in the case of
CNA/Jill Eisfelder in the amount of $24,368.44 j and an
abritration award in the case of Blodgett v. the City of Santa
Monica in the amount of $52,589.25. Second by Councilmember
Abdo. The motion was unanimously approved, councilmember Reed
absent.
14-H: CITY MANAGER CONDITIONS OF EMPLOYMENT: Presented was the
request of Mayor Zane to discuss a recommendation to approve an
agreement with the City Manager revising salary, benefits, and
terms and conditions of employment. Councilmember Katz moved to
approve Contract No. 5275(CCS) between the City Manager and the
Ci ty of Santa Monica. Second by Councilemember Genser. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Absent: Councilmember Reed
14-I: CITY ATTORNEY CONDITIONS OF EMPLOYMENT: Presented was the
request of Mayor Zane to discuss a recommendation to approve an
agreement with the City Attorney revising salary, benefits, and
terms and conditions of employment. councilmember Abdo moved to
approve Contract No. 5276(CCS) between the City Attorney and the
City of Santa Monica. Second by Councilmember Genser. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmember Katz
Absent: Councilmember Reed
Councilmember Katz requested the record
reason for voting no is that he thinks it
and the severance pay is too much, and the
the City Manager1s.
to reflect that his
is too great a raise,
salary is too close to
13
February 14, 1989
108
ADJOURNMENT: At 1:20 p.m.., the meeting was adjourned in memory
of Richard Combs and Louis W. Drobnick.
ATTEST: APPROVED:
~~ P~,} ....
Clarice E. DennlS Zane
city Clerk Mayor
14
February 14, 1989