M-11/14/1989
367
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 14, 1989
A regular meeting of the Santa Monica City Council was called to
order by Mayor Zane at 7:35 P.M., on Tuesday, November 14, 1989,
in the Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Councilmember Judy Abdo
Mayor Pro Tempore David B. Finkel
Councilmember Ken Genser
councilmember William H. Jennings
(arrived at 7:37 P.M.)
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: Not held.
Councilmember Reed led the assemblage in the Pledge of Allegiance
to the Flag of the United states of America.
4-A: ACKNOWLEDGEMENT OF STATE OF CALIFORNIA 1989 HONOR
AWARD/COMMUNITY PLANNING CATEGORY: Disability Coordinator Audrey
Parker, on behalf of the city of Santa Monica, accepted the State
of California 1989 Honor Award in the Community Planning Category
for the establishment and support of the Office for the Disabled
which coordinates accessibility projects in the public and
private sectors of the community.
Mayor Pro Tempore Finkel moved to hear Item 13-D at this time.
Second by Councilmember Katz. The motion was uanimously
approved.
13-D: MOUNTAIN VIEW MOBILE HOME PARK: Phyllis Goff addressed
Council regarding the concerns of residents of the Mt. View
Mobile Home Park with respect to the sale of the park to Watt
Industries. councilmember Genser moved to hear from an
additional speaker on this item for three minutes. Second by
Mayor Pro Tempore Finkel. The motion was approved, Councilmember
Reed opposed.
Member of the Rent Control Board, Susan Packer-Davis, addressed
Council in support of the residents of Mt. View Mobile Home Park.
Council asked questions of staff. councilmembers expressed their
support of the residents of the Mt. View Mobile Home Park.
1
November 14, 1989
368
CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING:
At 8: 05 P.M., Mayor/Chairperson Zane convened a special joint
meeting of the Santa Monica City council and Parking Authority.
parking Authority
Roll Call: Present: Chairperson Dennis Zane
Chairperson Pro Tempore David B. Finkel
Authority Member Judy Abdo
(present at 8:07 P.M.)
Authority Member Ken Genser
Authority Member william H. Jennings
Authority Member Herbert Katz
Authority Member Christine E. Reed
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Johnsen
PA-l: PARKING AUTHORITY MINUTES: Presented for approval were
the Parking Authority minutes of September 5, and September 12,
1989. Authority Member Katz moved to approve the minutes as
presented. Second by Chairperson Pro Tempore Finkel. The motion
was unanimously approved, Authority Member Abdo was absent from
dais.
CC/PA-2: RETIREMENT HOUSING FOUNDATION OF SANTA MONICA/PARKING
COMPONENT/SENIOR HOUSING PROJECT 1121-1135 THIRD STREET:
Presented was a staff report requesting approval of a proposal to
authorize City Manager/Executive Secretary to negotiate
agreements with the Retirement Housing Foundation of Santa
Monica, RHF Housing, Inc., regarding construction of a parking
component of HUD 202 senior housing project at 1121-1135 Third
street, and request for authorization of a $950,000 appropriation
for parking construction. council asked questions of staff.
Member of the publ ic, Mathew Millen, spoke in support of the
proj ect and supports more similar proj ects. Chairperson Pro
Tempore Finkel moved, on behal f of the Parking Authority, to
accept staff recommendations 1, 2, and 3, thereby authorizing the
Executive Director to negotiate and execute a construction
agreement, and any such other documents necessary to accomplish
the construction of the lID-space parking facilitYi authorizing
the Executive Director to convey and sell to the City of Santa
Monica the 110-space parking structure, and to negotiate and
execute all agreements and documents necessary to accomplish this
transaction; and to reallocate the existing appropriation of
$450,000.00 in Account Number 77-770-610-25689-8926-99159, and
appropriate an additional $500,000.00 from Fund Balance, to
Account Number 77-770-610-29790-8926-99l59 for disbursement to
RHF for construction of the 110-space parking structure. Second
by Authority Member Abdo. Discussion was held. Authority Member
Katz moved to amend the motion to prohibit the development of the
parking structure without a funding commitment from HUD for the
senior housing. The amendment was accepted as friendly. The
motion was approved by the following vote:
2
November 14, 1989
369
Parking Authority vote:
Affirmative: Authority Members Abdo, Finkel, Genser,
Jennings, Katz, Chairman Zane
Negative: Authority Member Reed
Mayor Pro Tempore Finkel moved, on behalf of the City council, to
approve staff recommendations land 2, as amended by
Councilmember Katz, thereby authorizing the city Manager to
negotiate and execute a Modification Agreement to Contract No.
S059(CCS) amending the existing agreement for the sale of
air-rights between the City and Santa Monica RHF Housing, Inc.,
to limit the borrower corporation's responsibility to development
of the housing component of the Third street Senior Housing
Project, and to revise the estimated sales price of the project
air-rights to $1,299,000.00; and authorizing the City Manager to
negotiate and execute Contract No. 5455(CCS) an Agreement between
the city of Santa Monica and the Parking Authority of the City of
Santa Monica pursuant to which the city will purchase the parking
component of the Third street senior Housing project for $950,000
plus interest from proceeds of the sale of air-rights to the
borrower corporation, and to negotiate and execute all other
agreements necessary to accomplish this transaction. Second by
Councilmember Abdo.
Council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Negative: Councilmember Reed
Councilmember Reed asked that the record reflect that she voted
"no" on this issue due to her concern with the inherent risk in
the project in waiting for the determinations on funding by HUD
and also because the Parking Authority will be committing 100% of
its funds to this project.
At 8: 40 P. M., the j oint meeting of the City Council and the
Parking Authority was adj ourned and the regular city Council
meeting was reconvened.
5-A: USE OF COUNCIL TRAVEL FUNDS: Presented was the request of
Councilmernber Katz to use travel funds to attend the Turning the
Tide Conference in Seattle on December 4, and 5, 1989.
Councilmember Reed moved that Councilmember Katz be authorized to
use travel funds to attend this conference. Second by Mayor Pro
Tempore Finkel. The motion was unanimously approved.
5-B: MORATORIUM LOOPHOLE/MEDICAL OFFICE BUILDINGS: Mayor Zane
initiated discussion of an existing loophole in the moratorium
for medical office buildings. Councilmember Genser moved to hear
public input for three minutes each. Second by councilmember
Abdo. The motion was approved, Councilmembers Katz and Reed
opposed. Members of the public, Michael Brourman and Conrad
Melilli expressed concern regarding traffic generated by
hospitals and medical offices. Mayor Zane moved that this matter
3
November 14, 1989
370
be referred to ci ty staff for their review and returned to
Council within thirty days with a recommended course of action.
Second by Councilmember Abdo. Discussion was held. The above
motion was unanimously approved.
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
Item 6-0, Item 6-K, which was withdrawn at the request of staff,
and Item 6-BB, which was continued to the meeting of November 21,
1989, reading resolutions and ordinances 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
6-A: MINUTES APPROVAL: The City Council minutes of October 10,
and October 17, 1989, were approved as presented.
6-B: CREATION OF EXEMPTION THRESHOLDS: Ordinance No. 1498 (CCS)
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-VISITOR
COMMERCIAL DISTRICT," was adopted.
6-C: REFUSE COLLECTION AND RECYCLING ACTIVITIES: Ordinance No.
1499 (cCS) enti tled: "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 I S REFUSE
COLLECTION AND RECYCLING ACTIVITIES," was adopted.
6-E: DOGS IN DESIGNATED AREAS OF CITY PARRS: Ordinance No.
1501 (CCS) entitled: JtAN 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,"
was adopted.
6-F: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7931 (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-
152/153) ," thereby setting a public hearing for December 12,
1989, on the assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets, was adopted.
6-G: FINAL SUBDIVISION MAP FOR TRACT NO. 45720: Resolution No.
7932 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 45720," thereby approving Final Subdivision Map
for Tract No. 45720, an 11-unit tenant participating conversion
project at 2431 3rd Street, was adopted.
4
November l4, 1989
371
6-H: HANDICAPPED PARKING ZONE/1018 4TH STREET: Resolution No.
7933 (CCS ) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE
PHYSICALLY HANDICAPPED ADJACENT TO 1018 4TH STREET/II was adopted.
6-1: ASSESSMENT DISTRICT/STREET LIGHTING: Resolution No.
7934 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS
INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON
VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 5384, WITHIN
THE CITY OF SANTA MONICA," thereby setting a public hearing for
December 12, 1989, regarding the Ci ty , s intention to form an
assessment district for the installation of street lighting on
Lincoln Boulevard from Colorado Avenue to Olympic Boulevard, was
adopted.
6-J: CONDITIONAL USE PERMIT 534 AND VARIANCE ZA 5395-Y: A
certification of the Statement of Official Action reversing the
Planning Commission denial of Conditional Use Permit 534 and
variance ZA 5395-Y to allow the operation of a 180-seat
restaurant and the issuance of a general alcohol license to allow
on-site consumption at 1413 5th Street was approved.
6-K: COMPUTER AIDED DISPATCH: The recommendation to waive
competitive bidding and authorize City Manager to discontinue
contract negotiations with Command Data Systems and negotiate and
execute a contract directly with Public Safety Systems Inc. to
provide Computer Aided Dispatch (CAD) and other related records
management software was withdrawn at the request of staff.
6-L: PLANS AND SPECIFICATIONS/LOW-FLOW PIPE EXTENSION: A
recommendation to approve the plans and specifications prepared
by the Los Angeles County Department of Public Works for a
lowflow pipe extension to the Pico-Kenter storm Drain and
authorization of its construction, operation, and maintenance
within the city was approved.
6-M: NEW WHEEL LOADER/SOLID WASTE MANAGEMENT DIVISION: Bid No.
2244 was awarded to Glenn B. Darning, Inc. in the amount of
$23,105.18 to furnish and deliver one new wheel loader with 1-
yard bucket and material grapple for the Solid Waste Management
Division, General Services Department.
6-N: NEW CAB AND CHASSIS/CIVIC AUDITORIUM DIVISION: Bid No.
2245 was awarded to Santa Monica Ford in the amount of $l8,4l8.11
to furnish and deliver one new 11,000 Gross Vehicle Weight Rated
(GVWR) cab and chassis with dump-type stake body for the Civic
Auditorium Division, Cultural and Recreation Services Department.
6-0: NEW CAB AND CHASSIS/PARKS DIVISION: Bid No. 2246 was
awarded to Pac Power, Inc. in the amount of $68,118.47 to furnish
and deliver one new 27,000 GVWR cab and chassis with 50 foot
articulated personnel lift for the Parks Division, Cultural and
Recreation services Department.
5
November 14, 1989
372
6-P: BROOM SEGMENTS FOR MOBILE SWEEPERS/FLEET MAINTENANCE
DIVISION: Bid No. 2257 was awarded to San Diego Rotary Broom Co.
at specified unit prices to furnish rebuilt exchange main and
side brook segments for mobile sweepers for the Fleet Maintenance
Division, General Services Department.
6-Q: LOW PROFILE DUMP TRUCK/STREET SWEEPING DIVISION: Bid No.
2248 was awarded to Carmen ita Truck center in the amount of
$32,209.86 to furnish and deliver one new low profile dump truck
for the street Sweeping Division, General Services Department.
6-R: NEW CAB AND CHASSIS/WATER DIVISION:
awarded to Thorson GMcjBuick in the amount
furnish and deliver one new 48,400 GVWR cab
la-yard dump body for the water Division,
Department.
Bid No. 2249 was
of $66,382.52 to
and chassis wi th
General Services
6-S: OUTLET BOXES, SWITCH BOXES, AND CONNECTORS/VARIOUS
DEPARTMENTS: Bid No. 2250 was awarded to Brandon Industrial at
specified unit prices to furnish and deliver outlet boxes, switch
boxes, and connectors for various departments.
6-T: BUSHINGS, CONNECTORS, CLAMPS, AND COUPLINGS/VARIOUS
DEPARTMENTS: Bid No. 2251 was awarded to Brandon Industrial at
specified unit prices to furnish and deliver bushings,
connectors, clamps, and couplings for various departments.
6-U: ULTRA LOW-FLOW TOILETS/WATER DIVISION: Bid No. 2253 was
awarded to Rainbow at specified unit prices to furnish and
deliver 900 ultra low-flow toilets for the Water Division,
General Services Department.
6-V: AUTOMATED REFUSE BODY/SOLID WASTE MANAGEMENT DIVISION: Bid
No. 2254 was awarded to Refuse Trucks, Inc. in the amount of
$63,378.15 to furnish and install a 30-cubic yard capacity
automated refuse body for the Solid Waste Management Division,
General Services Department.
6-W: AUTOMATED REFUSE BODY/SOLID WASTE MANAGEMENT DIVISION: Bid
No. 2255 was awarded to Refuse Trucks, Inc. in the amount of
$58,692.15 to remove existing packer body and install a 22- cubic
yard capacity automated refuse body for the Solid Waste
Management Division, General Services Department.
6-X: AUTOMATED REFUSE PACKERS/SOLID WASTE MANAGEMENT DIVISION:
Bid No. 2256 was awarded to Fred M. Boerner Motor Co. in the
amount of $212,968.04 to furnish and deliver two 22- cubic yard
capacity automated refuse packers for the Solid Waste Management
Division, General Services Department.
6-Y: INSTALLATION OF FIRE ALARM AND DETECTION SYSTEM IN CITY
HALL/POLICE FACILITIES: Contract No. 5456 (CCS) was awarded to
Security Specialists Electrical Contractors in the amount of
$63,323 for installation of a fire alarm and detection system in
the City Hall/Police facilities. The necessary change orders
were authorized.
6
November 14, 1989
373
6-Z: LOWER MAXIMUM WEIGHT LIMITATION/CALIFORNIA INCLINE:
Resolution No. 7935 (CCS) entitled: itA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR
ANY OBJECTIONS TO THE AMENDMENT OF SANTA MONICA MUNICIPAL CODE
SECTION 3346 TO LOWER THE MAXIMUM WEIGHT LIMITATION OF VEHICLES
ON THE CALIFORNIA INCLINE," was adopted thereby setting a public
hearing for January 23, 1990, to amend Santa Monica Municipal
Code section 3346 to lower the maximum weight limitation of
vehicles on California incline.
6-AA: CONSTRUCTION OF GYMNASIUM/CHARNOCK WELL PROPERTY A
recommendation to authorize the City Manager to negotiate and
execute Contract No. 5457(CCS), a lease agreement with windward
School to allow construction of a gymnasium on the Charnock Well
property, was approved.
6-BB: EASEMENT AGREEMENT FOR OUTDOOR DINING AREA: A
recommendation to authorize the City Manager to negotiate and
execute an easement agreement for an outdoor dining area with DAB
Corporation, DBA I Cugine Restaurant at l501 Ocean Avenue, was
continued to November 21, 1989.
END OF CONSENT CALENDAR
6-0: RESTRICTION ON USE OF REMOTE CONTROL MODELS: Presented was
an ordinance for adoption and second reading adding Section 4203j
to the Santa Monica Municipal Code to restrict the use of remote
control models in the City, introduced October 17, 1989.
Councilmember Genser moved to hear from the publ ic for three
minutes each. Second by Councilmember Katz. The motion was
approved, Mayor Pro Tempore Finkel and Councilmember Reed
opposed. Member of the public, George Hickey, urged Council to
not restrict model airplanes which are quiet and do not
contribute to pollution. Councilmember Reed moved to adopt
Ordinance No. l500(CCS) entitled: "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." Second by Councilmember Abdo. 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. At 9:00 P.M., Mayor Zane
declared the public hearing opened. There being no one wishing
to speak, Mayor Zane declared the public hearing closed.
Councilmember Reed moved to approve the assessment for sidewalks,
driveways, and curbs, adopt Resolution No. 7936(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, II with the
exception of the parcel for which the protest was received (1728
and 1730 Olympic) for which staff will report back at a later
date regarding the parcel'S disposition, was adopted as amended
by the following roll call vote:
7
November 14, 1989
374
Council vote: Unanimously approved 7-0
8-A: SANTA MONICA AIRPORT DEVELOPMENT AGREEMENT: Presented was
a staff report transmitting an ordinance for re-introduction and
first reading approving the Development Agreement for the airport
between Reliance Development Group and the City of Santa Monica.
Council asked questions of staff. Councilmember Genser moved
that each member of the public be granted three minutes to speak.
The motion died for lack of a second. Mayor Zane opened the
pUblic hearing at 9:05 P.M. Members of the public Joy Fullmer,
Cheri DiCkinson, Gregory Thomas, Richard Dickinson, Craig
Schmitman, Jennifer polhemus, Emmalie Hodgin, Eric Siss, Suzanne
Brewer, William scheding, Donna Worden, Griff Hoerner, George
HiCkey, Kathleen Schwallie, and Eric Chen spoke in opposition to
this project. Members of the public Robert Tompkins, George
Zurow, Meganne Steele, Irene Zivi, Browne Goodwin, and William
Brantley spoke in support of the project. Mathew Millen stated
that while he neither supports nor opposes the project, he does
support increased in-lieu fees in order for affordable housing to
be built in Sunset Park. Mayor Zane closed the public hearing at
9:45 P.M.
Mayor Zane moved to adopt the staff recommendation, thereby
introducing for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN RELIANCE DEVELOPMENT
GROUP, INC. AND THE CITY OF SANTA MONICA,tt 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: Affirmative: Councilmembers Abdo, Jennings, Reed,
Mayor Zane
Negative: Councilmembers Finkel, Genser, Katz
At 10:00 P.M., Council adjourned for a short recess. At 10:22
P.M., Council reconvened.
8-B: MODIFICATION OF ZONING ORDINANCE: An ordinance for
introduction and first reading modifying Section 9041. 6 of the
Zoning Ordinance regarding landscape standards for building sites
in commercial districts, was withdrawn at the request of staff.
8-C: ORDINANCE REGARDING DEVELOPMENT AGREEMENT WITH SANTA MONICA
COLLEGE: Presented was a staff report transmitting an ordinance
for second reading and adoption regarding a development agreement
with Santa Monica College for the construction of two parking
structures, introduced November 7, 1989. Councilmember Reed
moved to approve the staff recommendation, thereby adopting
Ordinance No. 1502 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA MONICA AND THE SANTA MONICA
COMMUNITY COLLEGE DISTRICT, II reading by title only and waiving
further reading thereof, and approving Contract No. 5458 (CCS) .
8
November 14, 1989
375
The motion was approved by the
Second by Councilmember Katz.
fo11owing vote:
council vote: Affirmative: Councilmembers Abdo,
Mayor Zane
Katz,
Reed,
Negative: Councilmembers Genser, Jennings
Abstain: Mayor Pro Tempore Finkel
Mayor Pro Tempore Finkel requested the record to reflect that he
abstained due to the fact that he was not in attendance at the
November 7, 1989, meeting. councilmember Jennings requested the
record to reflect that he voted "no" because he was not able to
vote to certify the EIR.
II-A: MORATORIUM ON RESIDENTIAL DEVELOPMENT: The recommendation
to direct the City Attorney to prepare an ordinance extending the
moratorium on residential development in the area bounded by
Ocean Avenue to the west, 14th street to the east, wilshire
Boulevard to the south and Montana Avenue to the north, and an
ordinance to amend the zoning ordinance, implement the rate of
construction program and construction management program was
continued to November 21, 1989.
11-B: CLOSED SESSION: Not held.
12-A: APPEAL OF PLANNING COMMISSION/SUBWAY SANDWICH SHOP/18GS
LINCOLN BOULEVARD: Presented was an appeal of the Planning
commission denial of Conditional Use Permit 89-043 and Variance
89-035 to permit an eight-seat fast food Subway Sandwich Shop at
186S Lincoln Boulevard. Applicant: Andrew M. Oldfield
Council asked questions of staff. Chris Harding spoke on behalf
of applicant/appellant. Council asked questions of the
representative of the applicant/appellant. Mayor Zane declared
the public hearing open at 10:50 P.M. and members of the public
Cece Bradley, Joseph Ruiz, and Vuthy Buorn spoke in support of
the appeal. Ian Suarez stated his opposition to the appeal.
councilmember Reed moved to extend the meeting to 12: 00 A.M.
Second by Councilmember Genser. The motion carried unanimously.
Mark Farzan and Donna Alvarez spoke in support of the appeal.
The public hearing was closed at 11:00 P.M.
Councilmember Reed moved to uphold the appeal, overturning the
Planning commission, and incorporate the variance findings,
Conditional Use Permit findings and special conditions as
presented by staff, as well as the inclusion within the "no video
games" condition, a prohibition against pinball games or other
similar video arcade games; to include no other vending machines
with the "no cigarette vending machines" condition; to include
the statement that employees shall carry out such monitoring
duties of clean-up, etc., at least twice every business day, and;
to correct a typographical error by adding the word "no" in
Condi tion No. II in front of the word "alcohol n on Page 4 and
also delete the condo condition which was included in error.
9
November 14, 1989
376
Second by Councilmember Abdo. Discussion was held. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
12-B: APPEAL OF PLANNING COMMISSION/CONDOMINIUM/1253 11TH
STREET: Presented was an appeal of the Planning Commission
approval of Conditional Use Permit 89-046, Tentative Tract Map
48039 to permit construction of a three-story, 34' high, five
unit condominium constructed over a subterranean parking garage
located at 1253 11th street. Applicant: Mr. and Mrs. Leo Chang.
Appellant: Syd Jurin, representing residents and homeowners of
11th street.
Appellant Syd Jurin addressed Council in support of the appeal.
council asked questions of the appellant. Mayor Zane declared
the public hearing open at 11:22 P.M. and members of the public
Dave Paley, Jan Paley, Sylvia Shniad, Bruce Cameron, Susan
Suntree, Philip Daughtry, Conrad Melilli, Bea Nemlaha, and Pam
O'Connor spoke in support of the appeal. Members of the public
Jeff Vinion and James Mount spoke in opposition to the appeal.
Councilmember Reed moved to extend the meeting to 12: 30 A.M.
Second by councilmember Abdo. Motion failed. councilmember Reed
moved to extend the meeting to 12: 20 A.M. Second by
Councilmember Abdo. The motion was duly approved. The public
hearing was closed at 12:01 A.M.
Councilmember Reed moved to deny the appeal, and in so denying
approve the Conditional Use Permit adding the condition that the
applicant shall make a good faith effort to have either one or
both of the houses on the subject site removed and relocated, the
effort being to offer the houses at no cost, with the moving
expenses being borne by the person accepting, the house with the
developer advertising same in appropriate publications and the
developer satisfying the Planning Department that the good faith
effort was made over a consecutive three-month period, prior to
the issuance of the building permit. Second by Councilmember
Katz. Discussion was held. Mayor Pro Tempore Finkel moved a
substi tute motion to grant the appeal and deny the Conditional
Use Permit. Second by Councilmember Abdo. Discussion was held.
councilmember Genser moved to extend the meeting to 12: 30 A. M.
Second by Councilmember Reed. The motion to extend the meeting
was approved, Mayor Pro Tempore Finkel and Councilmember Katz
opposed. Discussion continued. Councilmember Genser moved to
amend the substitute motion to direct staff to return to Council
at a later date with findings. The amendment was accepted as
friendly. The substitute motion was approved by the following
roll call vote:
Council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Mayor Zane
Negative: Councilmembers Jennings, Katz, Reed
Councilmember Reed moved to extend the meeting to 1: 00 A.M.
Second by Councilmember Genser. Motion failed, Mayor Pro Tempore
10
November 14, 1989
377
Finkel, Councilmembers Katz and Jennings opposed. Councilmember
Reed moved to extend the meeting to 1:30 A.M. Second by
Councilmember Abdo. The motion was approved, councilmember
Jennings opposed. Councilmember Genser moved that any member of
the public who has a "13" item on the agenda and does not want it
to be heard this evening may continue it to the next meeting.
Second by Councilmember Abdo. Motion carried unanimously.
13-A: BROWN PELICAN/OFFICIAL SANTA MONICA BIRD: Presented was a
request by Mallory Pearce to declare the Brown Pelican as the
official bird of Santa Monica. Councilmember Reed moved to
direct staff to draft the appropriate resolution declaring the
Brown Pelican the official bird of Santa Monica to be brought
back at a later meeting. Second by Mayor Pro Tempore Finkel.
The motion was unanimously approved.
Mayor Pro Tempore Finkel, and Councilmembers Jennings and Katz
were excused from the meeting at 12:31 A.M.
13-B: PANHANDLING AND FILMING ON MAIN STREET: The request of
Brandon MacNeal, on behalf of the Main street Assessment
District, to address the Council regarding panhandling and
filming on Main street and in the Main street parking structures
was continued to the meeting of November 21, 1989.
13-C: HOUSING DEVELOPMENT: The request of Joseph P. Sole to
address Council regarding housing development was continued to
the meeting of November 21, 1989.
13-E: COALITION OF SANTA MONICA HOMELESS: The request of
Leonard M. Kuras to address the Council regarding The Coalition
of Santa Monica Homeless was continued to the meeting of November
21, 1989.
14-A: PEACE AND ECOLOGY COMMISSION: The request of Mayor Pro
Tempore Finkel to discuss directing the City Attorney to prepare
an ordinance creating a Peace and Ecology Commission was
continued to November 21, 1989.
14-B: LETTER OF RESIGNATION/LLOYD KIRSCH: presented was the
matter of accepting the letter of recognition from Lloyd Kirsch
of the Convention and Visitors Bureau. Councilmember Reed moved
to accept with regret Mr. Kirsch's resignation from the
Convention and Visitors Bureau and authorize the City Clerk to
publish a notice of vacancy. Second by Councilmemher Genser.
The motion was approved, Mayor Pro Tempore Finkel and
Councilmembers Jennings and Katz were absent.
14-C: PHOTO RADAR: Presented was the request of Councilmember
Reed to investigate the utility of photo radar for speed
enforcement in residential neighborhoods and school zones.
Councilmember Reed initiated discussion and moved to direct staff
to collect information and return to Council with a
recommendation regarding the use of photo radar in Santa Monica.
Second by Councilmember Abdo. Motion approved, Mayor Pro Tempore
Finkel and Councilmembers Jennings and Katz were absent.
11
November 14, 1989
378
14-D: TELECOMMUTING PROGRAM: Presented was the request of
Councilmember Reed to discuss a proposal for a telecommuting
program for the City. No Council action was taken on this matter
as studies for this program are already in process.
14-E: SIZE LIMITS FOR BASEMENTS AND UNDERGROUND GARAGES IN THE
R-1 ZONE: Presented was the request of Councilmember Reed to
direct staff to examine developing an ordinance limiting the size
of basements and underground garages in the R-1 zone to the space
loca ted under the main structure and to prepare an emergency
moratorium in R1 districts with November 14, 1989, as the
effective date. Mayor Zane moved to direct staff to act on
Councilmember Reed's recommendation. Second by Councilmember
Abdo. Discussion was held. The motion was approved, Mayor Pro
Tempore Finkel, Councilmembers Jennings and Katz were absent.
15. PUBLIC INPUT: There were no members of the public wishing
to address Council at this time.
ADJOURNMENT: At 12:38 A.M., the City council meeting was
adjourned in memory or Sarah Dittmar, wife of Hank Dittmar,
Airport Director, to November 20, 1989, 5:30 P.M., for the annual
Board and Commission dinner meeting to be held in the East Wing
of the Civic Auditorium.
ATTEST:
APPROVED:
~. -;
U jr // .
~ t{;ZU(!,L (;.. ~
Clarice E. Johnsen
City Clerk
f)~
1~~
Dennis Zane
Mayor
12
November 14, 1989