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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 27, 1990
A regular meeting of the Santa Monica city Council was called to
order by Mayor Zane at 7:40 p.m., on Tuesday, March 27, 1990 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
Absent: Councilmember Christine E. Reed
Also Present: City Manager John Jalili
Assistant City Attorney Joseph Lawrence
City Clerk Clarice E. Johnsen
CLOSED SESSION: Not held.
councilmember Abdo led the assemblage in the Pledge of Allegiance
to the Flag of the united States of America.
INSPIRATION: The Santa Monica Playhouse Young professionals,
having recently returned from a tour of Japan, presented
selections from their production of "Dear Gabby," and presented
Council with gifts from Japanese officials.
4-A: SANTA MONICA HIGH SCHOOL SPRINGFEST: Laura stillman and
Brent Weisman addressed Council regarding the Santa Monica High
School Associated Student Body third annual Spring fest on May 18
- 20, 1990, and urged everyone to attend.
5-A: COMMISSION ON OLDER AMERICANS/COMMUNICATION WITH ELECTED
OFFICIALS REGARDING CONCERNS OF SENIOR CITIZENS: Presented was
the request of Mayor Pro Tempore Finkel to discuss authorizing
the Commission on Older Americans to communicate with elected
officials and other public and private entities concerning issues
of interest to senior citizens, continued from March 13, 1990.
Mayor Pro Tempore Finkel initiated discussion and moved to
approve the Commission's request to address various agencies and
political persons about the following senior issues: Elderly
victims of crime~ Family problems for seniors~ social Security~
Medicare~ In home support services for seniors; and Nursing and
convalescent homes. Second by Councilmember Katz. Discussion
was held. The motion was approved by the following vote:
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March 27, 1990
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council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Absent: councilmember Reed
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 Finkel moved to approve the Consent Calendar with the
exception of Items 6-H and 6-K. second by Councilmember Katz.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Absent: Councilmember Reed
6-A: MINUTES APPROVAL: The city council minutes of February 27
and March 13, 1990, were approved as presented.
6-B: HANDICAPPED PARKING ZONE/1901 11TH STREET: Resolution No.
7993 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 1901 11TH STREET," thereby establishing a parking
zone for the physically handicapped adjacent to 1901 11th street,
was adopted.
6-C: LOS ANGELES COUNTY INTEGRATED WASTE MANAGEMENT TASK FORCE:
Resolution No. 7994 entitled: nA RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CONCURRING WITH THE PROPOSED
MEMBERSHIP OF THE LOS ANGELES COUNTY INTEGRATED WASTE MANAGEMENT
TASK FORCE," thereby approving the Los Angeles County Board of
Supervisors designation of the Los Angeles County Solid Waste
Management Conuni ttee to serve as the County's Integrated Sol id
Waste Management Task Force as required by AB939, the California
Integrated Waste Management Act of 1989, was adopted.
6-0: GRANTS AND DEEDS FOR PUBLIC IMPROVEMENTS: Resolution No.
7995 (CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACCEPT
GRANTS OR DEEDS TO THE CITY FOR PUBLIC IMPROVEMENTS," was;
adopted.
6-E: FINAL MAP 20610/TPC-077/239 BAY STREET: Resolution No.
7996 (CCS) entitled: t1A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 20610," thereby approving Final Tract Map 20610
for a tenant-participating conversion project at 239 Bay street,
was adopted.
6-F: FINAL MAP 47711/CONDOMINIUM/1541 CENTINELA AVENUE:
Resolution No. 7997 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 47711, u thereby approving
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Final Tract Map 47711 for 6-unit condominium project at 1541
centinela Avenue, was adopted.
6-G: FINAL MAP 21506/CONDOMINIUM/2318 SECOND STREET: Resolution
No. 7998(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 21506,11 thereby approving Final Tract Map 21506
for 4-unit condominium project at 2318 Second street, was
adopted.
6-1: LANDFILL COMPLIANCE PROGRAM/GAS RECOVERY FEASIBILITY STUDY:
A recommendation to authorize the City Manager to negotiate and
execute Contract No. 5495 (CCS) with Dames and Moore Consulting
Engineers in the amount of $201,040 to conduct a landfill
compliance program and gas recovery feasibility study of the
closed Santa Monica landfill was approved.
6-J: FIREWORKS DISPLAY/SANTA MONICA PIER: A recommendation to
approve a fireworks display as part of the opening celebration of
the west end of the Santa Monica Pier on Saturday, April 7, 1990
at 7:45 P.M., was approved.
END OF CONSENT CALENDAR
6-H: HONOR BOXES FOR BEACH PARKING LOT FEES: Presented was a
staff report transmitting a recommendation to direct City
Attorney to prepare an ordinance change to Municipal Code Section
3202 relating to the deposit of beach parking lot fees into honor
boxes. Discussion was held. Councilmember Genser moved to
continue this item to a later date. The motion died for lack of
a second. Mayor Pro Tempore Finkel moved to approve the staff
recommendation, thereby directing the city Attorney to prepare an
ordinance change to Municipal Code Section 3202 in order to
enable the Police to patrol beach parking lots for honor box
violators. Second by Councilmember Abdo. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo,
Jennings, Katz, Mayor Zane
Finkel,
Negative: Councilmember Genser
Absent: Councilmember Reed
6-K: HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY:
Presented was a staff report transmitting a recommendation to
direct the City Attorney to amend Chapter 5 of Section 5 of the
Santa Monica Municipal Code relating to Hazardous Materials
Release Response Plans and Inventory. Member of the public Joy
Fullmer expressed her concerns regarding the proposed amendment.
Mayor Pro Tempore Finkel moved to approve the staff
recommendation, thereby directing the City Attorney to prepare
the amendment to Chapter 5 of Section 5 of the Municipal Code.
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Second by Councilmember Abdo.
following vote:
Council vote: Affirmative: Councilmember Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
The motion was approved by the
Absent: Councilmember Reed
7-A: WEED AND RUBBISH ABATEMENT CONTRACT: Presented was a staff
report and a public hearing on the intention to abate weeds and
rubbish and to award the abatement contract to Gary's Lot
Cleaning in the amount of $37,730 including contingencies. At
8:12 p.m., Mayor Zane opened the public hearing. There being no
one wishing to speak, Mayor Zane closed the public hearing.
Councilmember Katz moved to approve the staff recommendation and
award Contract No. 5496(CCS) to Gary's Lot Cleaning in the amount
of $37,730 including contingencies. Second by Mayor Pro Tempore
Finkel. The motion was approved by following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Absent: Councilmember Reed
7-B: GUTTER CONSTRUCTION/STREET RESURFACING ASSESSMENT:
Presented was a staff report and a public hearing on the
establishment of an assessment district for the construction of
concrete gutters and street resurfacing on various city streets.
Mayor Zane opened the public hearing at 8:15 p.m. Member of the
pUblic Bruce Friedman spoke in opposition to the assessment for
street resurfacing on 12th Street. There being no one else
wishing to speak, Mayor Zane closed the public hearing at 8:17
p.m. Discussion was held. Mayor Pro Tempore Finkel moved to
approve the staff recommendation, acknowledge protests received,
and adopt Resolution No. 7999 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE
CONSTRUCTION OF CONCRETE GUTTERS AND STREET RESURFACING ON
VARIOUS CITY STREETS ALL WITHIN THE CITY OF SANTA MONICA,"
reading by title only and waiving further reading thereof.
Second by councilmember Abdo. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Absent: Councilmember Reed
7-C: PROPOSED AMENDMENT TO THE HOUSING ELEMENT: Presented was a
staff report and public hearing on a proposed amendment to the
Housing Element of the General Plan. Council asked questions of
staff. At 9:08 p.m., Mayor Zane opened the public hearing. Joy
Fullmer, Kelvin Jones, Suzanne Abrescia, Sylvia Schniad, James
Mount, Paul DeSantis, Kathleen Weremiuk, Gaye Deal, Vivian
Rothstein, Leonard Abrescia, spoke in support of the proposed
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amendment. Archie Arzooyan expressed his concerns regarding the
proposed amendment. James Baker and Donna Al varez spoke in
opposition to the proposed amendment. Councilmember Katz moved
to hear from a member of the pUblic who submitted his request to
speak after the item had been called. Second by Councilmember
Genser. The motion was unanimously approved, Councilmember Reed
absent. Paul Rosenstein spoke in support of the proposed
amendment. At 9:55 p.m., Mayor Zane closed the public hearing.
Discussion was held.
At 10:00 p.m., council adjourned for a short recess, and returned
at 10: 15 p.m., with all members present, except Councilmember
Reed.
Mayor Zane moved to close the public hearing and continue
Council's consideration of this item to the meeting of April 3,
1990. Second by councilmember Katz. The motion was unanimously
approved, Councilmember Reed absent.
8-A: TENANT RELOCATION ASSISTANCE: Presented was a staff report
transmitting an ordinance for adoption and second reading
amending Santa Monica Municipal Code section 4853 and 4856
relating to tenant relocation assistance, introduced March 13,
1990. Councilmember Abdo moved to approve the staff
recommendation and adopt Ordinance No. 1518 (CCS) entitled: I1AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4853 AND 4856
RELATING TO TENANT RELOCATION ASSISTANCE," reading by title only
and waiving further reading thereof. Second by Councilmember
Genser. The motion was approved by the following vote:
Council vote: Affirmative: councilmembers Abdo, Finkel, Ganser,
Jennings, Mayor Zane
Negative: Councilmember Katz
Absent: Councilmember Reed
Councilmember Katz requested that the record reflect that he was
opposed to this action because he feels that it is punitive
rather than substantive, that tenants can only be protected
through the cessation of Ellis, and further, that vacancy
decontrol would help solve the problem.
8-B: INCLUSIONARY HOUSING PROGRAM: Presented was an ordinance
for introduction and first reading amending Santa Monica
Municipal Code Sections 9420, 9421, 9422, 9423, 9424, 9427, 9428
and 9429 relating to the Inclusionary Housing Program. Mayor
Zane moved to continue the public hearing and Council's
consideration of this item to the meeting of April 3, 1990.
Second by Mayor Pro Tempore Finkel. The motion to continue was
unanimously approved, Councilmember Reed absent.
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IO-A: COMMISSION ON OLDER AMERICANS/STATE ALCOHOL TAX
INITIATIVE: 10-B: SOCIAL SERVICES COMMISSION/STATE ALCOHOL TAX
INITIATIVE: Presented were the requests of the Commission on
Older Americans, and the Social services Commission to address
council regarding support for the proposed State Alcohol Tax
Initiative. Mayor Pro Tempore Finkel moved to consolidate Items
10-A, and 10-B. Second by councilmember Abdo. The motion was
unanimously approved, Councilmember Reed absent. Mildred
Rosenstein addressed Council on behalf of the Social Services
Commission and urged Council's support of the proposed
initiative. Councilmember Katz moved to express council's
support of the State Alcohol Tax Initiative. Second by Mayor
Zane. The motion was unanimously approved, councilmember Reed
absent.
II-A: CAROUSEL FEES: Presented was a staff report transmitting
a resolution amending Section l(J) of Resolution 6807 (CCS)
pertaining to the fees for use of the Santa Monica Pier and
Carousel. Council asked questions of staff. Councilmember Katz
moved to approve the staff recommendation and adopt Resolution No
8000 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION l(J) OF RESOLUTION NUMBER
6807(CCS) PERTAINING TO FEES FOR USE OF THE SANTA MONICA PIER AND
CAROUSEL," reading by title only and waiving further reading
thereof. Second by Mayor Pro Tempore Finkel. The motion was
approved by the following vote:
council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Absent: Councilmember Reed
ll-B: REVISED BUSINESS LICENSE TAX ORDINANCE: Presented was a
staff report transmitting a recommendation to direct the City
Attorney to draft a revised business license tax ordinance.
Council asked questions of staff. Mayor Pro Tempore Finkel moved
to approve the staff recommendation and direct the City Attorney
to prepare a revised Business License Tax Ordinance in accordance
with the provisions of the staff report and Attachment I, dated
March 27, 1990, and to return to the Council on April 24, 1990,
for first reading of the ordinance. Second by Councilmember
Genser. The motion was unanimously approved, councilmember Reed
absent.
11-C: CLOSED SESSION: Not held.
12-A: PLANNING COMMISSION APPEAL/CONDOMINIUM/643 RAYMOND AVENUE:
Presented was an appeal of Planning Commission approval of a
Conditional Use Permit 89-050 to permit a four unit condominium
at 643 Raymond Avenue. Appl icant : Ranj it Chana. Appell ant:
Derek Lenington. At 10:45 p.m., Mayor Zane was excused from the
remainder of the meeting and Mayor Pro Tempore Finkel assumed the
chair. Mr. Lenington addressed Council in support of the appeal.
William Dale Brantley addressed council in support of the
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applicant. Members of the public Tina Scott, Ken Scott, and Mira
Muller addressed Council in support of the appeal. Mr. Lenington
spoke in rebuttal to remarks made by Mr. Brantley on behalf of
the applicant. Discussion was held. Councilmember Genser moved
to deny the appeal: and to add an additional condition to the
ones approved by the Planning Commission that would instruct the
Architectural Review Board, when this project is presented before
the board, to pay particular attention to the scale, massing, and
design elements of the proposed structure, and modify the
structure as the board deems appropriate to relate harmoniously
to that block of Raymond Avenue. Second by Councilmember Katz.
The motion was approved by the following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz
Negative: councilmember Jennings
Absent: councilmember Reed, Mayor Zane
Councilmember Jennings requested the record to reflect that his
reason for voting "no" is that he does not believe that this
design and this project are compatible with the neighboring uses.
13-A: SANTA MONICA HIGH SCHOOL ASSOCIATED STUDENT
BODY/SPRINGFEST: The request of the Santa Monica High School
Associated Student Body to representatives to address Council
regarding its third annual Springfest on May 18 - 20, 1990, was
considered earlier in the meeting as Item 4-A.
13-B: MICHAEL GINSBURG/CASA MONICA APARTMENTS:
the request of Michael Ginsburg to address Council
Casa Monica apartment building at 1032 7th Street.
addressed Council. No Council action was taken.
Presented was
regarding the
Mr. Ginsburg
13-C: LOUISE GABRIEL/SANTA MONICA HISTORICAL SOCIETY MUSEUM OF
HISTORY AND CULTURE: Presented was the request of Louise Gabriel
to address City Council regarding support for the relocation and
funding for the Santa Monica Historical Society Museum of History
and Culture. Mayor Pro Tempore Finkel moved to refer this item
to the Cultural and Recreation Services Department for an
evaluation, with a view towards making any appropriate
recommendations to Council. Second by Councilmember Katz. The
motion was unanimously approved, Councilmember Reed and Mayor
Zane absent.
14-A: APPOINTMENT OF A MEMBER TO THE COMMISSION ON THE STATUS OF
WOMEN: Presented was the matter of the appointment of a member
to the Commission on the Status of Women. Mayor Pro Tempore
Finkel opened the floor to nominations. councilmember Abdo
nominated Laurie Newman. Seeing no other nominations, Mayor Pro
Tempore Finkel closed the floor to nominations. councilmember
Genser moved to appoint Ms. Newman by acclamation. Second by
Councilmember Katz. The motion was unanimously approved,
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Councilmember Reed and Mayor Zane absent. Laurie Newman was
thereby appointed to the Commission on the status of Women for a
term ending June 30, 1991.
14-B: INCREASING CONDOMINIUM TAX: The request of Mayor Zane to
discuss increasing condominium tax was continued to April 3,
1990, at Council's consent.
14-C: INCREASING HOUSING AND PARK FEES ON COMMERCIAL
DEVELOPMENT: The request of Mayor Zane to discuss increasing
housing and park fees on commercial development was continued to
April 3, 1990, at Council's consent.
14-0: STREAMLINING CITY COUNCIL MEETINGS: The request of Mayor
Zane to discuss changes in City Council rules and procedures
directed at streamlining Council meetings, was continued to the
meeting of April 3, 1990, at Council's consent.
14-E: COOPERATIVE EFFORTS TO MEET EMERGENCY NEEDS DURING
EARTHQUAKES: The request of Mayor Zane to discuss cooperative
efforts with other California cities to meet emergency needs
during earthquakes was continued to April 3, 1990, at Council's
consent.
14-F: MAYOR ZANE/COUNCIL TRAVEL FUNDS/ART IN NATURE CONFERENCE:
Presented was the request of Mayor Zane to discuss authorizing
use of travel funds to attend the Art in Nature Conference in
Santa Barbara, April 26 to 28, 1990. Councilmember Katz moved to
approve the use of council travel funds by any Councilmember
wishing to attend this conference. second by counci1member
Genser. The motion was unanimously approved, councilmember Reed
and Mayor Zane absent.
14-G: MAYOR PRO TEMPORE FINKEL/COUNCIL TRAVEL FUNDS/CONGRESS OF
LOCAL GOVERNMENTS FOR A SUSTAINABLE FUTURE: Presented was the
request of Mayor Pro Tempore Finkel to discuss authorizing use of
travel funds to attend the Congress of Local Governments for a
sustainable Future, in New York, September 5 to 8, 1990.
Councilmember Katz moved to approve the use of Council travel
funds for this purpose. Second by councilmember Genser. The
motion was unanimously approved, Councilmember Reed and Mayor
Zane absent.
14-H: SMOKING IN CITY HALL: Presented was the request of
Councilmembers Abdo and Genser to discuss prohibiting smoking in
City Hall and to direct staff to prepare ordinance.
Councilmember Katz moved to direct the City Attorney to prepare
an ordinance prohibiting smoking in City Hall. second by
Councilmember Abdo. Discussion was held. The motion was
unanimously approved, Councilmember Reed and Mayor Zane absent.
14-1: OUTSIDE COUNSEL/BALLOT TITLE AND SUMMARY/PROPOSED CHARTER
AMENDMENT: Presented was the request of Councilmember Katz to
discuss the appointment of an outside Counsel to prepare the
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ballot title and summary for the proposed charter amendment
entitled the "citizens Protective Act of 1990." Counci1member
Katz moved to approve the retention of the firm of Richards,
Watson, & Gershon to prepare the ballot title and summary for the
proposed charter amendment. Second by Mayor Pro Tempore Finkel.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz
Absent: Councilmember Reed, Mayor Zane
ADJOURNMENT: At 12: 10 a.m., Council adjourned this meeting to
April 3, 1990, at 7:30 p.m., in memory of Angelo Perez, Tree
Trimming supervisor with Parks Division.
ATTEST:
APPROVED:
/~~~e-
ps.-, 13~
Clarice E.
City Clerk
Dennis Zane
Mayor
9
March 27, 1990