M-2/26/1991
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 26, 1991
The regular meeting of the Santa Monica City council was called
to order by Mayor Abdo at 7: 40 P. M., on Tuesday, February 26,
1991, in the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Ken Genser
councilmember Robert T. Holbrook
Councilmember Kelly Olsen
councilmember Antonio Vazquez
Councilmember Dennis Zane
Absent: Councilmember Herbert Katz
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the united states of America.
4-A: COMMUNITY COLLEGE MONTH: Mayor Abdo presented a
proclamation to College District Board Vice Chair Carole Currey,
declaring the month of February 1991 to be "Community College
Month II in the City of Santa Monica.
CITY COUNCIL/PARKING AUTHORITY/HOUSING AUTHORITY SPECIAL JOINT
MEETING:
At 7:45 P.M., a City Council/Parking Authority/Housing Authority
Special Joint Meeting was convened.
Parking Authority
Roll Call: Present:
Chair Judy Abdo
Chair Pro Tempore Ken Genser
Authority Member Robert T. Holbrook
Authority Member Kelly Olsen
Authority Member Antonio Vazquez
Authority Member Dennis Zane
Authority Member Herbert Katz
Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Johnsen
Absent:
Also Present:
Housing Authority
Roll Call: Present:
Chair Judy Abdo
Chair Pro Tempore Ken Ganser
Authority Member Robert T. Holbrook
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Authority Member Kelly Olsen
Authority Member Antonio Vazquez
Authority Member Dennis Zane
Absent: Authority Member Herbert Katz
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority clerk Clarice E. Johnsen
HA-l: HOUSING AUTHORITY MINUTES: Presented for approval were
the Housing Authority Minutes of September II, 1990. Chair Pro
Tempore Genser moved to approve the minutes of September 11,
1990, as presented. Second by Authority Member Olsen. The
motion was unanimously approved, Authority Member Katz absent.
CC/PA/HA-2: MID-YEAR BUDGET REVIEW/PERSONNEL ACTION: Presented
was a staff report recommending approval of the Mid-Year budget
revenue and expenditure changes and resolutions regarding
personnel action. Member of the public Joy Fullmer expressed her
concerns. Members asked questions of staff. Mayor Pro Tempore
Genser moved, on behalf of the city Council, to adopt Resolution
No. 8181(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR
1990-91, II reading by title only and waiving further reading
thereof, and Resolution No. 8182(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY
RATE FOR THE CLASSIFICATION OF HOUSING ASSISTANCE COORDINATOR AND
HOUSING SPECIALIST," reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
Chair Pro Tempore Ganser moved, on behalf of the Parking
Authority, to adopt Resolution No. 215(PAS) entitled: "A
RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA
AMENDING THE BUDGET FOR THE FISCAL YEAR 1990-91, II reading by
title only and waiving further reading thereof. Second by
Authority Member Zane. The motion was approved by the following
vote:
parking Authority Vote:
Affirmative: Authority Members Genser, Holbrook,
Olsen, Vazquez, Zane, Chair Abdo
Absent: Authority Member Katz
Chair Pro Tempore ,Genser moved, on behalf of the Housing
Authority, to adopt Resolution No. 42 (HAS) entitled: "A
RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA
ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF HOUSING
ASSISTANCE COORDINATOR AND HOUSING SPECIALIST," reading by title
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only and waiving further reading thereof. Second by Authority
Member Zane. The motion was approved by the following vote:
Housing Authority Vote:
Affirmative: Authority Members Genser, Holbrook,
Olsen, Vazquez, Zane, Chair Abdo
Absent: Authority Member Katz
At 8:10 P.M., the Special city Council/Parking Authority/Housing
Authority Joint Meeting was adjourned and the 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. Mayor Pro
Tempore Genser moved to approve the consent Calendar, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by Councilmember Zane. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
6-A: REFUSE COLLECTION: Ordinance No. 1564 (CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 5227 TO AUTHORIZE
THE DIRECTOR OF GENERAL SERVICES TO REQUIRE BUSINESSES USING
PRIVATE REFUSE HAULERS TO HAVE REFUSE COLLECTED UP TO SIX DAYS
PER WEEK, II was adopted.
6-B: REFUSE BINS ON CITY PROPERTY: Ordinance No. l565(CCS)
entitled: !IAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 5216
PERMITTING THE ESTABLISHMENT OF FEES FOR PROPERTIES THAT STORE
REFUSE BINS ON CITY PROPERTY," was adopted.
6-C: PARKING METERS: Ordinance No. 1566(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3393A, 3393B,
3393C, 3393D, AND 3393E AND REPEALING MUNICIPAL CODE SECTION
3393F INCREASING PARKING METER RATES AND AUTHORIZING PARKING
METERS TO BE PLACED ON VARIOUS CITY STREETS," was adopted.
6-D: PREFERENTIAL PARKING ZONES K AND K-l: Ordinance No.
1567 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
3238K AND ADDING SECTION 3238K-l TO THE SANTA MONICA MUNICIPAL
CODE RELATING TO PREFERENTIAL PARKING ZONES K AND K-l, If was
adopted.
6-E: PREFERENTIAL PARKING ZONE 0: Ordinance No. 1568(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
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MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 32380 TO
EXPAND PREFERENTIAL PARKING ZONE 0," was adopted.
6-F: PROHIBITION OF SALE OF TOBACCO BY VENDING MACHINE:
Ordinance No. 1569(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4390 TO THE
SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE SALE OF TOBACCO BY
VENDING MACHINE OR OTHER MECHANICAL DEVICE OR OUT OF PACKAGE,"
was adopted.
6-G: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8183(CCS)
entitled: nA 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-91-169/170)," was adopted,
thereby setting a public hearing for March 26, 1991.
6-H: FINAL SUBDIVISION MAP/TRACT NO. 2123B/TPC-076/3115 6TH
STREET: Resolution No. 8184(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 21238, tf was adopted,
thereby approving a four-unit tenant-participating conversion at
3115 6th street.
6-1: FINAL MAP/TRACT NO. 48102/TPC-083/1120 23RD STREET:
Resolution No. 81B5(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 48102," was adopted, thereby
approving a five-unit tenant-participating conversion at 1120
23rd street.
6-J: FINAL SUBDIVISION MAP/TRACT NO. 49709/TPC-120/853 12TH
STREET: Resolution No. 81B6(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 49709," was adopted,
thereby approving a five-unit tenant-participating conversion at
BS3 12th street.
6-K: STREET RESURFACING: Airport Avenue was added to the
1989-90 street Resurfacing program and a change order in the
amount of $26,533 was authorized.
END OF CONSENT CALENDAR
a-A: CITYWIDE MORATORIUM: Presented for introduction and
adoption was an emergency ordinance to extend the Citywide
moratorium on non-residential and hotel development for an
additional two years and the approval of a proposed work program
for updating the General Plan. Council asked questions of staff.
At 8: 41 P.M., Mayor Abdo declared the pUblic hearing open.
Members of the public Syd Jurin, Ken Breisch, Merritt Coleman,
Bruce Cameron, and Michael Brourm.an spoke in support of the
proposed extension of the moratorium with lower density. Members
of the public Julie Lopez Dad, Craig Jones, and Eric Chen spoke
in support of the proposed moratorium, with exemptions. Member
of the public Joy Fullmer expressed her concerns. Member of the
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public Vince Muselli spoke in opposition to a two-year period,
and suggested removal of some districts sooner. Members of the
public Chris Harding and Ken Kutcher spoke in opposition to the
extension of the moratorium. Member of the public Tom Larmore
spoke in support of the proposed extension of the moratorium.
Mayor Abdo closed the public hearing at 9:20 P.M. Discussion was
held. Councilmember Zane moved to approve the staff
recommendation with the exception that the moratorium be a
one-year rather than a two-year period and staff to return March
26th with a specific timeline. Second by Mayor Abdo. Discussion
was held. Mayor Pro Tempore Genser moved to amend the motion to
modify Section 3A so as not to exempt public land except for
structures erected for public use, and publicly-owned land in the
area bounded by the Seaside Terrace, the northern terminus of the
Deauville site, Appian Way, and the tip of the Santa Monica Pier.
The motion was accepted as friendly. Mayor Pro Tempore Genser
moved to amend the motion to lower the thresholds under exemption
3C. Second by Councilmember Olsen. Discussion was held.
Council asked questions of staff. The motion to amend failed by
the following vote:
council vote: Affirmative: Councilmembers Ganser, Olsen
Negative: Councilmembers Holbrook,
Zane, Mayor Abdo
Absent: Councilmember Katz
Vazquez,
councilmember Zane moved to amend the motion to reduce the
threshold under exemption 3C as proposed by Councilmember Genser
except to only lower the exemption in the C-2 zone to 7,000
square feet. Second by Mayor Abdo. The motion was approved by
the follwoing vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
Mayor Pro Tempore Genser moved to amend the motion to delete
exemption 3-B, the area of the Third Street Mall Specific Plan.
Second by Councilmember Olsen. Discussion was held. Council
asked questions of staff. The amendment failed by the following
vote:
council vote: Affirmative: Councilmemhers Genser, Olsen
Negative: Councilmembers Holbrook,
Zane, Mayor Abdo
Vazquez,
Absent: Councilmember Katz
Discussion was held. The City Attorney clarified the language
for the amendment to read:
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SUbdivision A shall read, "Applications for approval of permits
involving proposed developments of structures or uses for
governmental, educational, or public recreational purposes on
land owned, operated,' or controlled by the city of Santa Monica,
Santa Monica College, the Santa Monica School District, or the
state of california, and applications for approval of permits
involving development on land owned, operated, or controlled by
the city of Santa Monica and intended for development at 415
Pacific Coast Highway, the pier, parking for the pier or intended
for an aquarium."
Language to be added at the end of Subdivision c:
reductions in square footage made on February 26, 1991,
apply to any project for which the application was filed
after February 27, 1991."
The motion to adopt Ordinance No. 1570(CCS} entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
EXTENDING THE CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL
DEVELOPMENT AND DECLARING THE PRESENCE OF AN EMERGENCY, " as
amended, reading by title only and waiving further reading
thereof, was approved by the following vote:
"The
shall
on or
council vote: Affirmative: Councilmembers Genser, HolbrOOk,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
At 10:05 P.M., Council adjourned for a short recess. At 10:35
P.M., Council reconvened with all members present, Councilmember
Katz absent.
a-B: WATER CONSERVATION MEASURES: Presented for introduction
and adoption was an emergency ordinance implementing mandatory
water conservation measures for the City of Santa Monica.
council asked questions of staff. Councilmember Zane moved to
extend the meeting to 12: 30 A.M. Second by Mayor Pro Tempore
Genser. The motion was unanimously approved, councilmember Katz
absent. Discussion continued.
Councilmember Zane moved to continue items 8-0, 9-A, 9-B, 10-A,
10-B, and 14-A to the meeting of March 5, 1991. Second by Mayor
Pro Tempore Genser. The motion was unanimously approved,
Councilmember Katz absent.
At 10: 45 P.M., Mayor Abdo declared the public hearing open.
Members of the public Joy Fullmer, Robert Dinsmore, Herbert Hall,
and Roy Morando expressed their concerns. Members of the public
James Mount, Simon LeDuff, John Jurenka, and C. R. Davenport
spoke in opposition to the proposed ordinance. Members of the
pUblic stan Fox and David Sumners expressed concern with
laundromats. Member of the public Nan Fuchs spoke in support of
water conservation. Member of the pUblic Deborah vaughn spoke in
support of the proposed ordinance but expressed concern regarding
apartEents. Member of the public Chris Reed spoke in support of
the proposed ordinance. Member of the public Eric Chen spoke in
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support of the proposed ordinance with revisions.
closed the pUblic hearing at 12:10 A.M.
Mayor Abdo
Councilmember Zane moved to extend the meeting to 12: 50 A.M.
Second by Mayor Pro Tempore Genser. The motion was unanimously
approved, Councilmember Katz absent.
Councilmember Zane moved to introduce and adopt the revised
emergency water conservation ordinance, incorporating the
clarifying language with respect to the appeals procedure and
inclusion of the language the city Attorney provided regarding
the variance procedure which clarifies that prior conservers have
an opportunity for a variance, along with providing additional
authority to the city Manager to lower the goals in proportion to
any reductions from the Metropolitan Water District. Second by
Councilmember Olsen. Discussion was held. Councilmember Zane
moved to amend his motion to provide authority for the City
Council to lower the goals in proportion to any reductions from
MWD rather than providing the authority to the City Manager.
Councilmember Holbrook moved to amend the motion to leave the
thresholds at the original 18 and 10. The motion died for lack
of a second. The motion to introduce and adopt the amended
Emergency Ordinance No. 1571(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2A OF
ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE RELATING TO WATER
CONSERVATION MEASURES AND DECLARING THE PRESENCE OF AN
EMERGENCY, tI reading by title only and waiving further reading
thereof, was approved by the following vote:
council vote: Affirmative: Councilmembers Genser, Olsen,
Vazquez, Zane, Mayor Abdo
Negative: Councilmember Holbrook
Absent: Councilmember Katz
Councilmember Zane moved to approve items 3, 4, 5, and 6 of the
staff recommendation; Resolution No. 8187(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REVISING THE CONSERVATION INCENTIVE FEE FOR THOSE WATER CUSTOMERS
WHO DO NOT REPLACE EXISTING PLUMBING FIXTURES WITH ULTRA LOW FLOW
TOILETS AND LOW FLOW SHOWERHEADSi" Resolution No. 8188 (CCS),
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REVISING THE CITY'S WATER RATE STRUCTURE;u expenditure and
revenue changes in Table 1; recommendations to the Rent Board
regarding pass-through; direction to staff to investigate the
viability of various options for the City and the region to
decrease per capita water consumption; approval of the emergency
water conservation plan included in the report; and direction to
staff to prepare a plan for how the City will make similar
reductions in its water use and return to Council at the second
meeting in March. Second by Mayor Abdo. The motion was approved
by the following vote:
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Council vote: Affirmative: councilmembers Genser, Holbrook,
Olsen, Vazquez, zane, Mayor Abdo
Absent: Councilmember Katz
8-C: MORATORIUM/11TH STREET & ARIZONA AVENUE: Presented for
introduction and adoption was an emergency ordinance to establish
a 90-day moratorium on the acceptance of new applications for
development projects on the 1200 block of 11th Street and 1107
through 1115 Arizona Avenue. Council asked questions of staff.
Mayor Pro Tempore Genser moved to extend the meeting to 1:10 A.M.
Second by Counci1member Olsen. The motion was approved,
Councilmember Holbrook opposed, Councilmember Katz absent.
At 12: 47 A.M., Mayor Abdo declared the public hearing open.
Members of the public Joyce Jurin, Syd Jurin, Merritt Coleman,
Bruce Cameron, and Susan Suntree spoke in support of the proposed
ordinance and in support of the denial of demolition permits for
any property on 11th street at least through March 18, 1991.
Member of the public Joy Fullmer expressed her concerns. Mayor
Abdo closed the public hearing at 12: 59 A.M. Council asked
questions of staff. Mayor Pro Tempore Genser moved to introduce
and adopt Ordinance No. 1572(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A MORATORIUM
AND LIMITING DEVELOPMENT ON 11TH STREET BETWEEN WILSHIRE
BOULEVARD AND ARIZONA AVENUE AND ON 1107 THROUGH 1115 ARIZONA
AVENUE INCLUSIVE AND DECLARING THE PRESENCE OF AN EMERGENCY,"
reading by title only and waiving further reading thereof. The
motion was approved by the following vote:
council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Counci1member Katz
8-D: COMPETITIVE CIVIL SERVICE EXAMINATIONS: The ordinance for
introduction and first reading modifying section 2103C of the
Santa Monica Municipal Code relating to competitive civil service
examinations was continued to the meeting of March 5, 1991.
8-E: WAIVER OR REFUND OF BUSINESS LICENSE FEES: Presented was a
staff report transmitting an ordinance for second reading and
adoption adding Section 6015a to the Santa Monica Municipal Code
to permit the waiver or refund of business license fees in
certain circumstances. Mayor Pro Tempore Genser moved to adopt
Ordinance No. 1573 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6015a TO THE
SANTA MONICA MUNICIPAL CODE TO PERMIT THE WAIVER OR REFUND OF
BUSINESS LICENSE FEES IN CERTAIN CIRCUMSTANCES," reading by title
only and waiving further reading thereof. Second by
councilmember Holbrook. The motion was approved by the following
vote:
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council vote: Affirmative: Counci1members
Vazquez, Zane
Genser,
Holbrook,
Negative: Councilmember Olsen, Mayor Abdo
Absent: Councilmember Katz
Councilmember Zane moved to extend the meeting to 1: 12 A.M.
Second by Councilmember Vazquez. The motion was unanimously
approved, Councilmember Katz absent.
9-A: PROPOSITION R: The report from City Attorney regarding
conceptual options to implement Proposition R was continued to
the meeting of March 5, 1991.
9-B: CLOSED SESSION: Not held.
10-A: SIDEWALKS, DRIVEWAYS AND CURBS: The public hearing on
assessment of costs to repair damaged sidewalks, driveways and
curbs (SR-91-167/168) was continued to the meeting of March 5,
1991.
10-B: GUTTER CONSTRUCTION/STREET RESURFACING ASSESSMENTS: The
public hearing on the confirmation of gutter construction and
street resurfacing assessments on various City streets in
conjunction with the 1988-89 street resurfacing program was
continued to the meeting of March 5, 1991.
14-A: WAIVER OF RENTAL AND PARKING FEES/CIVIC AUDITORIUM: The
request of Mayor Abdo to discuss waiver of rental and parking
fees for the use of the civic Auditorium by the vietnam Veterans
of America, Inc., from October 3, through October 6, 1991, was
continued to the meeting of March 5, 1991.
15. PUBLIC INPUT: Member of the public Mark stern addressed
Council.
ADJOURNMENT: At 1:12 A.M., the meeting was adjourned to March 5,
1991, at 7:30 P.M., in memory of Marian G1inos and Zelmer George
IIArkyll Morganthaler.
ATTEST:
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Clarice E. Johns
City Clerk
APPROVED:
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Judy Abdo
Mayor
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