M-12/12/1989
399
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 12, 1989
A regular meeting of the Santa Monica City Council was called to
order by Mayor Zane at 6:12 P.M., on Tuesday, December 12, 1989,
in the Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
(arrived during Closed Session)
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember William H. Jennings
(arrived during Closed Session)
councilmernber Herbert Katz
(arrived during Closed Session)
councilmember Christine E. Reed
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
CLOSED SESSION: At 6:13 P.M., Council adjourned to Closed
session for the purpose of considering pending litigation as
follows: City of Santa Monica v. Anthony and Helen Demetriou,
Trustees of the Anthony and Helen Demetriou Revocable Trust
(litigation considered for initiation by the city); City of Santa
Monica v. Richard K. Boas, Trustee of the Alfred Boas Family
Trust (litigation considered by initiation by the city)~ city of
Santa Monica v. Alfred Boas and Ernest and Lisa Auerbach
(litigation considered for initiation by the City); City of Santa
Monica v. Paul S. and Nancy Kaufman and Richard Tyle, doing
business as Nana Trading Company (litigation considered for
initiation by the City); City of Santa Monica v. Jim Cherry doing
business as Century Graphics (litigation considered for
initiation by the City) ~ City of Santa Monica v. Gladys and
Victor Wichman, doing business as King George V (litigation
considered for initiation by the City); Katz v. city of Santa
Monica (threatened litigation). Real Estate Transactions: 1.)
Purchasing 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 Santa Monica Malibu unified
School District is Dr. Eugene Tucker, Superintendent; 2.)
Purchase by the city of Santa Monica of the Bergamot Property,
located on or near Olympic Boulevard between 26th Street, Stewart
Avenue, and Exposition Boulevard, Santa Monica, California, from
the Southern Pacific Transportation Company. Negotiators for the
City of Santa Monica are John Jalili, City Manager, Desi Alvarez,
City Engineer, Hank Dittmar, Airport Director, and Frank Barnes,
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December 12, 1989
400
Airport Operations and Facilities Superintendent. Negotiators
for Southern Pacific Transportation Company are Robert stacy,
John Moe, and Jill Rood; and 3.) 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 of Santa Monica is John Jalili, city Manager. The
negotiator for the owners of the Property is Paul Cook. At 7:34
P.M., Council reconvened with all members present.
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
Councilmember Reed led the assemblage in the Pledge of Allegiance
to the Flag of the United states of America.
Councilmember Reed moved to hear all speakers for "15" items at
this time. Second by Councilmember Katz. The motion was
unanimously approved.
15. PUBLIC INPUT: Susan Packer Davis spoke regarding Ellis
evicted tenants. Daniel Gallagher addressed Council regarding
Ellis evictions against senior citizens and urged alternative
consideration for senior citizens. Louise Weinberg spoke
regarding Ellis evictions and urged the city to strive to change
the Ellis law. Albert Kindt addressed Council regarding the fact
that the Rent Control Board refuses to recite the Pledge of
Allegiance and salute the flag at the beginning of their
meetings. Councilmember Katz moved to hear any late. "15" items
at the end of the meeting. Second by Mayor Pro Tem Finkel. The
motion was unanimously approved.
REDEVELOPMENT AGENCY SPECIAL MEETING:
At 7:54 P.M., Chairperson Zane convened a special meeting of the
Santa Monica Redevelopment Agency.
Redevelopment Agency
Roll Call: Present:
Chairperson Dennis Zane
Chairperson Pro Tempore David B. Finkel
Agency Member Judy Abdo
Agency Member Ken Genser
Agency Member William H. Jennings
Agency Member Herbert Katz
Agency Member Christine E. Reed
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December 12, 1989
401
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Clarice E. Johnsen
RA-1: REDEVELOPMENT AGENCY MINUTES: Presented for approval were
the Redevelopment Agency minutes of September 12, 1989. Agency
Member Genser moved to approve the minutes as presented. Second
by Agency Member Abdo. The motion was unanimously approved.
RA-2: REDEVELOPMENT AGENCY ANNUAL REPORT - FY 1988-89: Presented
was a staff report recommending the approval of the Redevelopment
Agency Annual Report for Fiscal Year 1988-89. Agency Members
asked questions of staff. Agency Member Reed moved to approve
the Redevelopment Agency Annual Report for Fiscal Year 1988-89.
Second by Agency Member Genser. The motion was unanimously
approved.
At 8:00 P.M., the special meeting of the Redevelopment Agency was
adjourned, and the regular City Council meeting was reconvened.
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
Katz moved to approve the Consent Calendar with the exception of
Items 6-J and 6-K, reading resolutions and ordinances 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
6-A: MINUTES APPROVAL: The City Council minutes of November 14,
and November 20, 1989, were approved as presented.
6-B: RESIDENTIAL WATER CONSERVATION INCENTIVE FEE PROGRAM:
Ordinance No. 1505 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7200B TO THE
SANTA MONICA MUNICIPAL CODE TO ESTABLISH A RESIDENTIAL WATER
CONSERVATION INCENTIVE FEE PROGRAM," was adopted.
6-C: 1988 UNIFORM TECHNICAL CODES: Ordinance No. 1506(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING THE UNIFORM TECHNICAL CODES AND ADOPTING THE
SANTA MONICA AMENDMENTS TO THE 1988 UNIFORM TECHNICAL CODES," was
adopted.
6-D: REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS:
Resolution No. 7945 (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-90-154/155)," thereby setting a public hearing for January 9,
1990, on the assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets, was adopted.
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6-E: DESIGNATION OF BROWN PELICAN AS OFFICIAL BIRD: Resolution
No. 7946(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DESIGNATING THE BROWN PELICAN AS THE
OFFICIAL BIRD OF THE CITY OF SANTA MONICA," was adopted.
6-F: COMPUTER BASED PERMIT ISSUANCE AND TRACKING SYSTEM: A
recommendation to authorize the city Manager to negotiate and
execute Contract No. 5467 (CCS) with Sierra Computer Systems, Inc.
in the amount of $106,392.18 for a computer based permit issuance
and tracking system for the Community and Economic Development,
General services, and other City departments, was approved.
6-G: EMERGENCY REPAIRS TO THE TRANSPORTATION FACILITY
UNDERGROUND FUEL LINE SYSTEM: Resolution No. 7947(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
WAIVING THE COMPETITIVE BID PROCESS FOR THE EMERGENCY REPAIR OF
THE TRANSPORTATION FACILITY UNDERGROUND FUEL LINE SYSTEM AND
APPROVING AN EMERGENCY CONTRACT AS AUTHORIZED BY THE CITY
MANAGER," thereby waiving competitive bids and approving Contract
No. 5468(CCS) to R & D Marketing, Inc. in the amount of $59,500
for emergency repairs to the Transportation Facility underground
fuel line system, was adopted.
6-H: CHECKING ACCOUNT FOR BAYSAVER FIXTURE REBATE PROGRAM:
Resolution No. 7948 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT
AND USE BY THE WATER DIVISION OF THE CITY OF SANTA MONICA OF A
CHECKING ACCOUNT IN THE NAME OF THE BAYSAVER FIXTURE REBATE
PROGRAM WITH WELLS FARGO BANK," thereby authorizing the Water
Division's establishment of a checking account for the BAYSAVER
Fixture Rebate Program with Wells Fargo Bank, was adopted.
6-1: FINAL TRACT MAP NO. VTTM 45580/CONDOMINIUM/1011 EUCLID
STREET: Resolution No. 7949(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 45580," thereby approving
Final Tract Map No. VTTM 45580 for a 5-unit condominium project
at 1011 Euclid street, was adopted.
END OF CONSENT CALENDAR
6-J: CITYWIDE HOUSING TRUST FUND LOAN(2827 LINCOLN BLVD!827
ASHLAND AVENUE: Presented was a recommendation to approve a
Ci tywide Housing Trust Fund loan to community corporation of
Santa Monica for the development of a 45-unit mixed use project
at 2827 Lincoln Boulevardj827Ashland Avenue. Member of the
public Mathew Millen urged council to approve this project.
Councilmember Katz moved to approve Citywide Housing Trust Fund
loan to Community Corporation of Santa Monica for development of
a 45-unit mixed use project at 2827 Lincoln Boulevard/827 Ashland
AVenue. Second by Mayor Pro Tem Finkel. The motion was approved
by the following vote:
Council vote: UnanimOUSly approved 7-0
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Councilmember Jennings moved to consolidate Items 6-K and II-C.
Second by Councilmember Genser. The motion was unanimously
approved.
6-K and 11-C: MARINE PARK CHILD CARE CENTER: Presented was a
staff report transmitting recommendation to award a contract to
Kevin Kraus Construction Co., in the amount of $298,100 for the
alteration and renovation of the Marine Park Recreation center to
facilitate its use as a Child Care Center and 1) the approval of
the initial operating structure for a child care center at Marine
Park; 2) the authorization for the City Manager to pursue
negotiations with the Santa Monica/Malibu Unified School District
for operation of the program; and 3) the approval of changes in
the Dependent Care Assistance Program. Council asked questions
of staff. Member of the public Joy Fullmer spoke in opposition
to the child care center as presented. Members of the public Ida
Bucher, Judith Brunk, and Toni Dragon spoke in favor of the child
care center. Councilmember Genser moved to provide Richard Vye
with five minutes to speak on Items 6-K, 11-C, and 13-A. Second
by Councilmember Abdo. The motion was unanimously approved.
Member of the public Richard Vye urged Council to rescind the
forthcoming eviction and relocation of the 12-step groups who use
Marine Park facilities and suggested consideration of a
dual-usage for the facilities. Mayor Pro Tern Finkel moved to
award Contract No. 5469(CCS) to Kevin Kraus Construction Co., in
the amount of $298 r 100 for alteration and renovation of the
Marine Park Recreation Center (Item 6-K), contingent upon City
Council approval of Item ll-C; and, with regard to Item 11-C, to
approve the staff recommendation authorizing the city Manager to
pursue negotiations with the School District for the operation of
the program and to return to Council within two months with a
final recommendation for operator and necessary appropriations
for start-up for Fiscal Year 1989-90; and to approve changes in
the Dependent Care Assistance Program as specified in staff I s
recommendation. Second by Councilmember Abdo. Discussion was
held. The motion was approved by the following vote:
Council vote: unanimously approved 7-0
7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report
and pUblic hearing on the assessment of costs to repair damaged
sidewalks, driveways and curbs (SR-89-l52jI53). Mayor Zane
opened the public hearing. There being no one wiShing to speak,
Mayor Zane declared the public hearing closed. Councilmember
Katz moved to adopt Resolution No. 7950(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-89-152/153)," 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
7-B:
public
STREET LIGHTING DISTRICT: Presented was a staff report and
hearing on the proposed street lighting district on
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December 12, 1989
404
Lincoln Boulevard from Colorado Avenue to Olympic Boulevard.
Mayor Zane opened the public hearing. There being no one wishing
to speak, Mayor Zane declared the public hearing closed. Mayor
Pro Tam Finkel moved to adopt Resolution No. 7951(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
FINDING THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION OF STREET LIGHTING AND ORDERING WORK ON LINCOLN
BOULEVARD FROM COLORADO AVENUE TO OLYMPIC BOULEVARD AS SET FORTH
IN RESOLUTION OF INTENTION NUMBER 7934 (CITY COUNCIL SERIES), 11
reading by title only and waiving further reading thereof.
Second by councilmember Katz. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
a-A: EXTENSION OF MORATORIUM ON RESIDENTIAL DEVELOPMENT:
Presented was a staff report transmitting an emergency ordinance
for introduction and adoption regarding the extension of the
moratorium on residential development in the area bounded by
Ocean Avenue, Montana Avenue, the east side of 14th Street and
Wilshire Boulevard. At 9:04 P.M., Mayor Zane opened the public
hearing. Member of the public Joy Fullmer spoke in opposition to
downzoning and density bonuses. Member of the public Allen
Zahner spoke in support of extending the moratorium. Member of
the public Mathew Millen opposes downzoning and supports the
development of a land bank program. Members of the public Kelvin
Jones and coCo Reynolds support the extension of the moratorium
and downzoning. Member of the public R. J. Garrett opposes the
extension of the moratorium and downzoning. Members of the
pUblic Jack Kennedy and Carolyn Buillot spoke in opposition to
the extension of the moratorium. Councilmember Genser moved to
hear late speakers wishing to address this item. Second by Mayor
Pro Tem Finkel. The motion was unanimously approved. Member of
the public Archie Arzooyan spoke in opposition to the extension
of the moratorium. At 9:22 P.M., there being no one else wishing
to speak, Mayor Zane closed the public hearing. Discussion was
held. Councilmember Genser moved a substitute motion to adopt
the staff recommendation with an amendment to delete Exemption 6
(outlined in the staff report dated December 12, 1989). The
motion died for lack of a second. Discussion was held. Mayor
Pro Tem Finkel moved to approve the staff recommendation, to
introduce and adopt the Emergency Ordinance No. 1507(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE MORATORIUM ON RESIDENTIAL DEVELOPMENT IN THE
AREA BOUNDED BY OCEAN AVENUE, MONTANA AVENUE, THE EAST SIDE OF
14TH STREET AND WILSHIRE BOULEVARD FOR TEN MONTHS IN ORDER TO
ALLOW FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT THAT
EVALUATES RE-ZONING OF THE AREA AND FOR ADOPTION OF CONTROLS ON
TIMING OF CONSTRUCTION OF DEVELOPMENT PROJECTS APPROVED IN THE
AREA AND DECLARING THE PRESENCE OF AN EMERGENCY J II reading by
title only and waiving further reading thereof. Second by
Councilmember Abdo. Discussion was held. Councilmember Genser
moved to approve the staff recommendation with an amendment to
delete Exemption 6. Second by Mayor Pro Tem Finkel. Discussion
was held. Councilmember Genser~s motion to amend the main motion
failed by the following vote:
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December 12, 1989
405
Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor
Zane
Negative: Councilmembers Abdo, Jennings, Katz,
Reed
Further discussion was held. The main motion to introduce and
adopt Ordinance No. 1507 (CCS) was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmembers Katz, Reed
councilmember Reed requested that the record reflect that she is
voting "no" on this motion as she is opposed to the findings as
listed on Page 2, (c) and (d) as being illogical as they hold out
the need for stopping development to be a continual reduction of
densi ty in a neighborhood which reduces housing opportunities
within the City, contrary to state law.
Councilmember Katz
isvoting "noli on
Councilmember Reed.
requested that the record reflect that he
this motion for the reasons expressed by
At 9:55 P.M., Council adjourned for a short recess. At 10:04
P.M., council reconvened with all members present.
8-B: MODEL AIRCRAFT IN PUBLIC AREAS: Presented was a staff
report transmitting an ordinance for introduction and first
reading amending the Santa Monica Municipal Code Section 4203j to
expand the definition of model aircraft which cannot be used in
public parks, playgrounds, beaches or public recreation areas.
Councilmember Genser moved to approve the staff recommendation,
thereby introducing for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4203J TO EXPAND THE
DEFINITION OF MODEL AIRCRAFT WHICH CANNOT BE USED IN PUBLIC
PARKS, PLAYGROUNDS, BEACHES, OR PUBLIC RECREATION AREAS IN THE
CITY," reading by title only and waiving further reading thereof.
Second by Councilmember Katz. The motion was approved by the
following vote:
Council vote: Affirmative: Counci1members Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Abstained: Councilmember Reed
9 -A: MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM
ASSOCIATES (ATA): Presented was a staff report transmitting a
recommendation to authorize the City Manager to execute a
Memorandum of Understanding with the Administrative Team
Associates (ATA). Councilmember Genser moved to approve the
staff recommendation, thereby adopting Resolution No. 7952 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
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December 12, 1989
406
UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES, II reading
by title only and waiving further reading thereof, and
authorizing City Manager to execute Contract No. 5470 (CCS), a
Memorandum of Understanding with the Administrative Team
Associates (ATA). Second by Councilmember Abdo. The motion was
approved by the following vote:
council vote: Unanimously approved 7-0
9-B: PARKING FOR LIBRARY: Presented was a staff report
transmitting a recommendation to adopt a Resolution of Necessity
for acquiring and authorizing the condemnation of real property
for parking and expansion adjacent to the Public Library Main
Branch located at 1343 6th street. Members of the public Albert
Grossman, A. A. Demetriou, and Joy Fullmer spoke in opposition to
the staff recommendation. Member of the public Mathew Millen
opposes the staff recommendation and urged Council to use air
rights for housing. Council asked questions of staff.
Councilmember Genser moved to approve the staff recommendation,
thereby adopting Resolution No. 7953 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY," reading by title only and waiving further reading
thereof. Second by Councilmember Katz. The motion was approved
by the following vote:
Council vote: unanimously approved 7-0
II-A: PREFERENTIAL PARKING ZONE/25TH STREET BETWEEN SANTA MONICA
BOULEVARD AND BROADWAY: Presented was a staff report
transmitting a recommendation to direct the City Attorney to
prepare an ordinance establishing a preferential parking zone for
25th street between santa Monica Boulevard and Broadway. Member
of the public Roy Morando stated his opposition to a preferential
parking district. Member of the public Farideh Yomtob spoke in
favor of a preferential parking district. Councilmember Genser
moved to approve the staff recommendation, thereby directing the
city Attorney to prepare an ordinance establishing a preferential
parking zone for 25th street between Santa Monica Boulevard and
Broadway. Second by Councilmember Reed. The motion was approved
by the following vote:
Council vote: Affirmative: Councilmernbers Abdo, Finkel, Genser,
Jennings, Reed, Mayor Zane
Negative: Councilrnember Katz
Councilmember Katz requested that the record reflect that he is
voting "no" on this motion because he does not believe that the
establishment of preferential parking districts is a solution to
neighborhood parking problems.
Il-B: PREFERENTIAL PARKING ZONE/AREA BOUNDED BY 20TH STREET,
WILSHIRE BOULEVARD, 26TH STREET, AND BROADWAY, EXCLUDING 24TH,
25TH, AND 26TH STREETS BETWEEN SANTA MONICA BOULEVARD AND
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December 12, 1989
407
BROADWAY: The recommendation to direct the City Attorney to
prepare an ordinance establishing a preferential parking zone for
the area bounded by 20th street, wilshire Boulevard, 26th street
and Broadway, excluding 24th street and 25th Street between Santa
Monica Boulevard and Broadway, and 26th Street, was withdrawn at
the request of staff.
ll-C: MARINE PARK CHILD CARE PROGRAM: The recommendation to 1)
approve the initial operating structure for a child care center
at Marine Park; 2) authorization for the city Manager to pursue
negotiations with the Santa Monica/Malibu Unified School District
for the operation of the program; and 3) approval of changes in
the Dependent Care Assistance Program was heard with Item 6-K,
above.
11-D: TENANT OWNERSHIP RIGHTS CHARTER AMENDMENT: Presented was a
staff report transmitting a recommendation to approve Program
Guidelines for the condominium component of Tenant Ownership
Rights Charter Amendment; authorize the City Manager to negotiate
and execute agreements between special mortgage underwriters and
the Federal National Mortgage Association; increase of the
maximum per unit loan amount from $35,000 to $60,000; and
authorize the City Manager to utilize available TORCA conversion
tax revenues. At 10: 30 P.M., Mayor Zane opened the public
hearing. Member of the public Joy Fullmer spoke in opposition to
the proposed TORCA program guidelines. Member of the Public Paul
DeSantis spoke in favor of staff recommendation. There being no
one else wishing to speak on this item, Mayor Zane declared the
public hearing closed. Mayor Zane moved to approve the staff
recommendation, thereby approving the program Guidelines for the
condominium component of Tenant ownership Rights Charter
Amendment; authorizing the City Manager to negotiate and execute
agreements between special mortgage underwriters and the Federal
National Mortgage Association; increasing the maximum per unit
loan amount from $35,000 to $60,000; and authorizing the City
Manager to utilize available TORCA conversion tax revenues.
Second by Councilmember Abdo. Discussion was held. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
11-E: LOW-COST LODGING REPLACEMENT FEE/COASTAL ZONE: Presented
was a staff report transmitting a recommendation to direct the
City Attorney to prepare an ordinance implementing a low-cost
lodging replacement fee to mitigate the loss of affordable hotel
and motel rooms within the Coastal Zone. Council asked questions
of staff. At 10:51 P.M., Mayor Zane opened the public hearing.
Members of the public Joy Fullmer and Dan Kingsley voiced concern
with the proposal. Discussion was held. Councilmember Genser
excused himself from Council discussion on this item, due to a
possible conflict of interest. Councilmember Reed moved to
direct the City Attorney to bring back an ordinance establishing
the fees and the mechanism for collecting them, including a
provision which would allow Council to provide an exemption for
properties which are properly judged to be uninhabitable and
irreparable by either the Building Officer or the Rent Control
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December 12, 1989
408
staff be directed to negotiate with the American Youth Hostels by
the end of this calendar year; and 2) that an agreement be
developed governing the use, management, opera tion, and
scheduling of the Rapp Saloon to ensure its maximum availability
to the public including, for historical and cultural purposes,
reasonable use by organizations promoting awareness of Santa
Manica's historical and cultural heritage, for activities of the
hostel itself and for community meetings, as well as for the
general public access, with the funds to be disbursed upon
reaching such an agreement and that the American Youth Hostel be
required to report to the City on an annual basis concerning the
programming and services, other than sleeping and retail,
provided by the youth hostel in Santa Monica. Second by Mayor
Zane. Discussion was held. The motion failed by the following
vote:
council vote: Affirmative: Councilmembers Abdo,
Jennings, Mayor Zane
Finkel,
Negative: Councilmember Katz
Absent: Councilmembers Genser, Reed
Councilmember Katz requested the record reflect that he voted
"no" on this item because a $200,000+ interest-free loan has
already been granted, and he would prefer to have funds available
to loan for more diversified uses.
Councilmember Jennings restated his previous motion and modified
it to state "allocate" rather than "appropriate," as referenced
in staff recommendations 2 and 3. Second by Mayor Zane.
Discussion was held. The motion was approved by the following
vote:
council vote: Affirmative: Councilmembers Abdo,
Jennings, Mayor Zane
Finkel,
Negative: Councilmember Katz
Absent: councilmembers Genser, Reed
Councilmember Genser returned to the dais.
12-A: APPEAL/LANDMARK DESIGNATION OF LC-Ol4-037/1253-1255 11TH
STREET: An appeal of the Landmarks commission's decision against
formally considering the landmark designation of LC-014-037,
1253-55 11th Street, two single family California bungalows, was
continued to the meeting of January 23, 1990.
Mayor Pro Tem Finkel moved to extend the meeting past 12:00 A.M.
Second by councilmember Abdo. The motion was approved,
councilmembers Jennings and Katz opposed, Councilmember Reed
absent.
12 -B: APPEAL/CONDITIONAL USE PERMIT 89-001/DEVELOPMENT REVIEW
89-003/EIA 913/7Q1 OCEAN AVENUE: Presented was an appeal of the
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December 12, 1989
409
Planning commission approval of Conditional Use Permit 89-001,
Development Review 89-003, and EIA 913, 701 Ocean Avenue,
four-story, 39-unit condominium with 96 parking spaces provided
in a two-level subterranean garage. Applicant: Taico
Properties, Inc. Appellant: Councilmember Ken Genser. Council
asked questions of staff. Appellant, Councilmember Genser, and
Bruce Cameron spoke in opposition to the project and in support
of the appeal. Council asked questions of appellant. Applicant:
stephen Jones, on behalf of Taico properties, Inc. spoke in
support of the project. Council asked questions of applicant.
At 12:51 A.M., Mayor Zane opened the public hearing. Members of
the public Brian Longbotham, Marianna McManus, Eleanor Pelcyger,
David Cameron, Pam O'Connor, Susan Suntree, Kelvin Jones, Bea
Nemlaha, and David Paley spoke in opposition to the
project/support of the appeal. Members of the public Russ stong
(on behalf of Carl Mueller), Stella Bard, Professor Thompson, Tom
Hamilton, Jeff Skogsbergh, Angela Thompson, Betsy Emanuel, Peter
Lewi, Richard Holiday, Archie Arzooyan, Diane Case (on behalf of
Ken Robertson), and Kathy Weremuch spoke in support of the
project, and opposed the appeal. Member of the public Jan Furey
Muntz advised that she is available to answer any questions. The
appellant spoke in rebuttal to comments made by the applicant and
members of the public. The applicant spoke in rebuttal to
comments made by the appellant and members of the public.
Discussion was held. Councilmember Jennings moved to uphold the
Planning Commission determination; to adopt revised findings and
condi tions as presented by staff this evening; and approve the
Negative Declaration. Second by Councilmember Abdo. Discussion
was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo,
Jennings, Katz, Mayor Zane
Finkel,
Negative: Councilmember Genser
Absent: Councilmember Reed
Councilmembers Jennings and Katz left the meeting at l:45 A.M.
13-A: ASSESSMENT OF PENALTY FOR BUSINESS LICENSE RENEWAL: The
request of David M. Stern to address Council regarding assessment
of penalty for a business license renewal was continued to
January 9, 1989, as a 11511 item, at the request of Council.
l3-B: EVICTION OF MEETINGS FROM MARINE PARK MEETING FACILITIES:
The request of Richard Vye, a representative of Alanon, to
address Council regarding rescinding the eviction of meetings
from Marine Park meeting facilities was considered with Item
II-C.
14-A: APPOINTMENT OF MEMBERS TO VARIOUS BOARDS AND COMMISSIONS:
The appointment of members to Electrical Board of Appeals,
Plumbing and 11echanical Board of Appeals and social Services
commission (continued from October 17, 1989), Pier Restoration
Corporation (continued from December 5, 1989), and appointment of
12
December 12, 1989
410
member to convention and Visitors Bureau was continued to January
9, 1989, as a "5" item, at Council's request.
14-B: FUNDING FOR BI-NATIONAL AIDS CONFERENCE/U.S. AND MEXICO:
The request of Councilmember Katz to discuss the possible funding
for a Bi-National Aids Conference with the U. S. and Mexico in
March was continued to January 9, 1989, as a "5" item, at
Council's request.
l4-C: PURCHASE OF ZIMMERMAN PROPERTY: The request of
councilmember Katz to discuss the consideration of the purchase
of the "Zimmerman Property" and acquisition price thereof was
continued to January 9, 1989, as a "5" item, at Council's
request.
l4-D: INTERIM INCLUSIONARY HOUSING PROGRAM: Presented was a
request by Mayor Zane to discuss an interim inclusionary housing
program. Mayor Zane moved to direct staff to develop and return
to Council as soon as practicable with an interim inclusionary
housing program to apply to all appropriate multifamily
developments in the community; that would revise the existing
inclusionary program and arrange options for staff examination to
ensure that the program has economic feasibility; to direct staff
to develop an inclusionary program that would apply to all
housing developments 3-units and greater ~ to provide for an
inclusionary range of 30%-50%, that would include an analysis of
some provision of middle-income units and a definition thereof,
as well as low- and moderate-income units; and the development of
an in-lieu fee that much more closely approximates the actual
cost of an alternative unit. Second by Councilmember Abdo.
Discussion was held. The motion was approved, Councilmembers
Jennings, Katz, and Reed absent.
city Attorney Myers announced the approval, in Closed Session, of
a settlement agreement with the Oscar Katz Trust, Agreement No.
5466(CCS). Mayor Pro Tem Finkel moved to approve the agreement.
Second by Councilmember Abdo. The motion was unanimously
approved, councilmembers Jennings, Katz, and Reed absent.
ADJOURNMENT: At 1:55 A.M., the City Council meeting was
adjourned, and in celebration of the holiday season, the regular
meeting of December 19, 1989, was cancelled.
ATTEST:
APPROVED:
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Clarice E. John'~n
City Clerk
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Dennis Zane
Mayor
13
December 12, 1989
411
NOTICE OF CANCELLATION OF MEETING OF
SANTA MONICA CITY CUNCIL
DECEMBER 26, 1989
NOTICE IS HEREBY GIVEN that the regularly scheduled meet~ng
of the Santa Monica Clty Councll to be held at 6:00 P.M., on
Tuesday, December 26, 1989, ln the Councll Chambers, 1685
Maln Street, Santa Mon1ca, has been cancelled by action of
the C~ty Councll at the1r meeting held December 12, 1989.
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--..Clarice E.
C1ty Clerk
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Johns~n