M-12/5/1989
393
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 5, 1989
A regular meeting of the Santa Monica city council was called to
order by Mayor Zane at 7:35 P.M., on Tuesday, December 5, 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
(arrived at 7:55 P.M.)
City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
Councilmember Katz led the assemblage in the Pledge of Allegiance
to the Flag of the united states of America.
Also Present:
INSPIRATION: Blase Bonpane, Executive Director of the Office of
Americas provided a moment of inspiration and prayer opposing
united States involvement in the war in Central America.
8-A: LANDSCAPE STANDARDS: Presented was a staff report
transmitting an ordinance for introduction and first reading
regarding modification of Section 9041.6 of the zoning Ordinance
concerning landscape standards for building sites in commercial
districts, continued from November 28, 1989. Council asked
questions of staff. Mayor Zane opened the public hearing at 7:56
P.M. Members of the public Gustaf Soderbergh and Michael Segal
spoke in support of the original recommendation and in opposition
to the alternative. Member of the public Walter Schwartz spoke
in opposition to building to the lot line. Member of the public
Joy Fullmer expressed her concern regarding outdoor restaurants
blocking the sidewalks and also stated her support of at-large
elections. Mayor Zane closed the public hearing at 8: 15 P. M.
Councilmember Genser moved to approve the original staff
recommendation. Second by Mayor Zane. Discussion was held.
Mayor Pro Tem Finkel moved substitute motion to remand the
alternative recommendation back to the Planning Commission.
Second by Councilmember Katz. Discussion was held. The
substitute motion was approved by the following vote:
Council vote: Affirmative: councilmembers
Katz, Reed
Finkel,
Jennings,
Negative: councilmembers Abdo, Genser, Mayor
Zane
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December 5, 1989
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8-B: WATER CONSERVATION INCENTIVE FEE PROGRAM: Presented was a
staff report transmitting an ordinance for introduction and first
reading adding section 7200B to the Santa Monica Municipal Code
establishing a Residential Water Conservation Incentive Fee
Program, continued from November 28, 1989. council asked
questions of staff. Mayor Zane opened the public hearing at 8:44
P.M. Members of the public John Jurenka, Walter Schwartz, and
Joy Fullmer spoke in opposition to an incentive fee for low-flow
toilets. Mayor Zane closed the public hearing at 8:55 P.M.
Mayor Pro Tem Finkel 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
ADDING SECTION 7200B TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH A RESIDENTIAL WATER CONSERVATION INCENTIVE FEE
PROGRAM," reading by title only and waiving further reading
thereof. Second by Councilmember Abdo. Discussion was held.
The motion was approved by the following vote:
council vote: UnanimouslY approved 7-0
8-C: 1988 UNIFORM TECHNICAL CODES: Presented was a staff report
transmitting an ordinance for introduction and first reading
adopting the 1988 Uniform Technical Codes and adopting the Santa
Monica amendments to the 1988 Uniform Technical Codes, continued
from November 28, 1989. council asked questions of staff. Mayor
Zane opened the public hearing at 9:07 P.M. Member of the public
Joy Fullmer spoke of her concern regarding various aspects of the
Uniform Technical Codes. Mayor Zane closed the public hearing at
9: 07 P.M. Mayor Pro Tem Finkel 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 ADOPTING THE UNIFORM TECHNICAL CODES AND
ADOPTING THE SANTA MONICA AMENDMENTS TO THE 1988 UNIFORM
TECHNICAL CODES, II reading by title only and waiving further
reading thereof. Second by Councilmember Katz. Discussion was
held. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
8-D: MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND
GARAGES: Presented was a staff report transmitting an emergency
ordinance for introduction and adoption creating a 45-day
moratorium on construction of basements and underground garages
beneath required yards in the R-l Zone District, continued from
November 28, 1989. Mayor Zane opened the public hearing at 9:11
P . M. Member of the publ ic Roger Behrstock expressed concern
regarding subterranean parking and asked questions of Council.
Mayor Zane closed the pUblic hearing at 9:17 P.M. Councilmember
Reed moved to adopt Ordinance No. 1504 (CCS), entitled: II AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CREATING A MORATORIUM ON CONSTRUCTION OF BASEMENTS AND
UNDERGROUND GARAGES BENEATH REQUIRED YARDS IN THE R-l ZONE
DISTRICT AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by
title only and waiving further reading thereof. Second by
Councilmember Katz. Discussion was held. The motion was
approved by the following vote:
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December 5, 1989
395
Council vote: Unanimously approved 7-0
11-C: CLOSED SESSION: Not held.
13-A: 17TH STREET TENANTS ASSOCIATION: Presented was the
request of Patricia Hewitt and Victor Brown, representing the
17th Street Tenants Association, to address Council regarding the
withdrawal of residential rental units at 833, 837, and 839 17th
Street, continued from November 28, 1989. Councilmember Katz
moved to provide the speakers an additional two minutes for the
completion of their presentation. Second by councilmember
Genser. The motion was unanimously approved. Discussion was
held. Mayor Pro Tern Finkel moved to hear from a member of the
public who wished to speak on this matter. Second by
Councilmember Genser. The motion was approved, Councilmember
Jennings opposed. Member of the public Rosario perry spoke on
behalf of the owners of the property involved. Councilmember
Jennings moved to direct staff to work with the Rent Control
Board to devise a process whereby staff is notified of evictions
in pre-1930 buildings, in order to institute proceedings for
review by the Landmarks Commission. Mayor Zane requested that
this proposal be considered in the context of Item 14-C.
councilmember Genser moved to take a brief recess and then hear
Item 14-C as the next item. Second by Councilmember Reed. The
motion was unanimously approved.
At 9: 55 P.M., Council adjourned for a short recess.
P.M., Council reconvened with all members present.
At 10:15
14-C: MORATORIUM ON THE DEMOLITION OF PRE-1940 BUILDINGS:
Presented was the request of Mayor Zane to discuss strategies to
protect older homes in residential areas which may be historic or
cultural resources, including a possible moratorium on the
demolition of pre-l940 buildings, continued from. November 2B,
1989. Discussion was held. Counci1member Genser moved to hear
from members of the public for three minutes each. The motion
died for lack of a second. Mayor Zane moved to direct the City
Attorney to draft an ordinance that would impose a city-wide
moratorium on the filing of new applications for projects on
sites occupied by pre-1940 bungalow courts, courtyard buildings,
California bungalows, and other similar categories of culturally
significant buildings which staff would recommend for
consideration pending revision of the Landmarks Ordinance, and to
add the appropriate criteria to allow for the designation of
thematic districts with cultural and historical significance.
Second by Mayor Pro Tern Finkel. Councilmember Reed moved to
amend the above motion to substitute the year 1930 for 1940.
Second by Councilmember Katz. Discussion was held. The amended
motion failed by the following vote:
Council vote: Affirmative: counci1members Katz, Reed
Negative: counci1members Abdo, Finkel, Genser,
Jennings, Mayor Zane
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December 5, 1989
396
Councilmember Genser moved to amend the motion by broadening the
term "districts II to allow for the designation of "thematic
districts or structures. II The amendment was accepted as
friendly.
Councilmember Jennings moved to extend the meeting to 12:00 A.M.
Second by Councilmember Abdo. The motion was unanimously
approved, councilmembers Katz and Reed opposed.
Mayor Zane1s motion, as amended, directing the City Attorney to
draft the ordinance was approved by the following vote:
council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Negative: councilmember Reed
Councilmember Reed requested that the record reflect that she is
voting "no" on this motion as it is too broad and sweeping.
14-A: PEACE AND ECOLOGY COMMISSION: Presented was the request
of Mayor Pro Tempore Finkel to discuss the creation of a Peace
and Ecology Commission. Mayor Pro Tem Finkel initiated
discussion and moved that the council act tonight to authorize,
by instruction to the City Manager, the creation of a task force,
the members of which would be appointed by the City Manager, for
the purpose of studying the feasibility, the desirability, and
the value to the people of Santa Monica of creating a new City
commission on peace and safety and safe environment. Second by
councilmember Abdo. Discussion was held. Councilmember Genser
moved to amend the motion that Ci ty Council appoint the task
force. Second by Councilmember Reed. Discussion continued.
Councilmember Katz moved to amend the motion that the city
Manager select the task force subj ect to Council approval at a
future meeting. The amendment was accepted as friendly by the
maker of the main motion. councilmember Ganser wi thdrew his
amendment. Discussion continued. The motion was approved by the
following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmembers Katz, Reed
Councilmember Reed requested the record to reflect that she voted
"no" on this item as she does not believe it is appropriate or
necessary for the City to have a Peace Commission as outlined by
the petition and/or Mayor Pro Tem Finkel.
14-B: AMENDMENT TO ZONING ORDINANCE: Presented was the request
of Councilmember Katz to discuss an amendment to the Zoning
ordinance regarding donut shops. Councilmember Katz initiated
discussion and moved to direct staff to return with an amendment
to the zoning ordinance Changing donut shops from IIretail" to
"fast food.1I Second by Counci1member Abdo. Discussion was held.
The motion was unanimously approved.
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397
14-0: RESIDENTIAL HEIGHT LIMITS: Presented was the request of
Mayor Zane to examine setting residential height limits by
reference to adj acent buildings, continued from November 28,
1989. Mayor Zane initiated discussion and moved to direct staff
to examine setting residential height limits by reference to
adjacent buildings and advise Council. Second by Councilmember
Abdo. Discussion was held. The motion was approved,
Councilmembers Jennings, Katz, and Reed opposed.
councilmember Katz requested the record reflect that his II no"
vote was based on the belief that this is merely spot zoning
without really understanding the entire ordinance, which is not
the proper way to approach this issue.
14-E: APPOINTMENT TO LIBRARY BOARD: Presented was the matter of
an appointment to the Library Board. Mayor Zane opened the floor
to nominations. Councilmember Katz nominated Sharla Boehm and
moved that she be appointed to the Library Board for a term
expiring June 30, 1990, by acclamation. The motion was
unanimously approved.
14-F: APPOINTMENT TO PIER RESTORATION CORPORATION BOARD OF
DIRECTORS: Presented was the matter of an appointment of a
member to the Pier Restoration Corporation Board of Directors.
Councilmember Genser moved to continue this appointment to the
council meeting of December 12 I 1989. Second by Councilmember
Abdo. The motion was unanimously approved.
14-G: LETTER OF RESIGNATION: Presented was the matter of the
acceptance of a letter of resignation from Joyce Parker
Bozylinski of the Housing Commission. councilmember Genser moved
to accept with regrets the letter of resignation from Joyce
Parker-Bozylinski, and authorize the City Clerk to publish a
notice of vacancy. Second by councilmember Abdo. The motion was
unanimously approved.
14-H: COUNCIL CHAMBERS FEE/U.S. DEPARTMENT OF THE INTERIOR:
presented was the request of Mayor Zane to waive the fee for use
of the council Chambers by the United states Department of the
Interior on December 13, 1989. Mayor Zane moved to waive the fee
for use of the Council Chambers on that date. Second by
Councilmember Genser. The motion was unanimously approved.
14-I: MORATORIUM ON MULTI-FAMILY RESIDENTIAL DEVELOPMENT
APPLICATIONS: Mayor Zane withdrew his request to discuss a
possible moratorium on mUlti-family residential development
applications until the completion of the Housing Element in favor
of an inclusionary program in the Housing Element for possible
adoption as an interim ordinance.
5. PUBLIC INPUT: Member of the public Joy Fullmer addressed
Council regarding the Peace and Ecology Commission and feels that
they should be handled as separate entities.
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December 5, 1989
398
ADJOURNMENT: At 11:55 P.M., the City Council meeting was
adjourned to December 12, 1989, 7:30 P.M.
ATTEST:
APPROVED:
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Clarice E. Johnsen
city Clerk
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Dennis Zane
Mayor
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December 5, 1989