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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 20, 1990
A meeting of the Santa Monica city Council, adjourned from
February 13, 1990, was called to order by Mayor Zane at 7:40
P.M., on Tuesday, February 20, 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
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 Katz led the assemblage in the Pledge of Allegiance
to the Flag of the united States of America.
8-C: POLICY 45/DRAFT LOCAL COASTAL PROGRAM/MITIGATION FEES FOR
LOW COST LODGING ACCOMMODATIONS: Presented was a staff report
transmitting an ordinance for introduction and first reading
implementing Policy 45 of the City of Santa Monica Draft Local
Coastal Program establishing mitigation fees for the removal of
low cost lodging accommodations in the Santa Monica Coastal Zone.
Councilmember Genser was excused from deliberations on this issue
due to a possible conflict of interest. council asked questions
of staff. Mayor Zane opened the public hearing at 7: 45 P.M.
Member of the public Joy Fullmer expressed her concerns. There
being no one else wishing to speak, Mayor Zane declared the
public hearing closed at 7:50 P.M. Mayor Pro Tem Finkel moved to
approve the staff recommendation and introduce for first reading
an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA IMPLEMENTING POLICY 45 OF THE CITY OF SANTA
MONICA DRAFT LOCAL COASTAL PROGRAM ESTABLISHING MITIGATION FEES
FOR THE REMOVAL OF LOW COST LODGING ACCOMMODATIONS IN THE SANTA
MONICA COASTAL ZONE," reading by title only and waiving further
reading thereof. Second by Councilmember Abdo. Discussion was
held. Councilmember Reed moved to amend the ordinance to include
an exemption for hardships. Second by Councilmember Katz.
Discussion was held. Councilmember Reed moved to amend her
previous motion to provide Council the ability to adjust, waive,
or schedule the lodging mitigation fee over a period of time.
Councilmember Katz accepted the amendment as friendly. The
amended motion failed by the following vote:
Council vote: Affirmative: Councilmembers Katz, Reed
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Negative: councilmembers Abdo,
Jennings, Mayor Zane
Finkel,
Absent: Councilmember Genser
The motion to introduce the ordinance for first reading was
approved by the fOllowing vote:
Council vote: Affirmative: councilmembers Abdo,
Jennings, Mayor Zane
Finkel,
Negative: Councilmembers Katz, Reed
Absent: councilmember Genser
Councilmember Reed requested the record to reflect that she voted
"no" on the above motion because the fee is too high to cover a
myriad of problems.
Councilmember Genser returned to the dais.
Mayor Pro
Second by
approved.
Tem Finkel moved to hear Item l3-B at this time.
councilmember Katz. The motion was unanimously
13-B: DAN COHEN/CALIFORNIA FUND FOR SENIORS: Presented was the
request of Dan Cohen to address Council regarding the need for
support for the California Fund for Seniors in the upcoming
income tax filing period. Discussion was held. Mayor Pro Tern
Finkel moved to direct the City Attorney to develop a resolution
supporting the fund for seniors. Discussion was held. Mayor Pro
Tern Finkel moved to direct staff to distribute copies of a sample
resolution to councilmembers for comments and reactions and then
re-agendize this item, at staff's earliest convenience, in order
to make a judgement as to whether or not to support such an
action, and adopt a resolution. Second by Councilmember Katz.
Discussion was held. Mayor Pro Tern Finkel stated his preference
to pursue his second motion in favor of the first. Councilmember
Jennin9s moved to amend the motion to include direction to staff
to place an article describing the various checkoffs on the
California state Tax Forms regarding the Fund for Seniors, in the
next issue of Sea-Scape. The amendment was accepted as friendly.
The amended motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Abstain: Councilmember Reed
ll-A: RECYCLING OF OZONE-DEPLETING COMPOUNDS: Presented was a
staff report recommending directing the City Attorney to prepare
an ordinance which requires the phasing out, or recycling of
ozone-depleting compounds. Council asked questions of staff.
Member of the public Joy Fullmer expressed her concern. Members
of the public Joseph Palazzolo and Pam Brady spoke in support of
the proposed ordinance and expressed their concerns. Member of
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February 20, 1990
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the pUblic Sylvia Shniad spoke in support of the proposed
ordinance. Discussion was held. Mayor Pro Tem Finkel moved to
direct the City Attorney to prepare an ordinance requiring the
phasing out, or recycling of ozone-depleting compounds as set
forth in the report presented this evening. Second by
Councilmember Abdo. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
ll-B: CLOSED SESSION: Not held.
l2-B: APPEAL OF PLANNING COMMISSION/CUP 89-028/476 18TH STREET:
Presented was an appeal of Planning Commission's denial of CUP
89-028 to construct a two-story accessory building at 476 18th
street. Applicant: William Zurowski. Appellant: Craig Murdoh,
Attorney. council asked questions of staff.
Appellant Craig Murdoh addressed Council in support of the
appeal. Council asked questions of appellant. Councilmember
Genser moved to deny the appeal, deny the CUP, and direct staff
to return with findings. Second by councilmember Reed. The
motion was approved by the following vote:
council vote: Unanimously approved 7-0
At 9: 30 P. M., Council adj ourned for a short recess.
P.M., Council reconvened with all members present.
At 9: 45
12-C: APPEAL OF PLANNING COMMISSION/CUP 89-0 8 a/ALCOHOL
LICENSE/CAFE MONTANA: Presented was an appeal of Planning
Commission approval of Conditional Use Permit 89-080 to permit an
alcohol license to allow the on-site sale and consumption of beer
and wine within an existing 49-seat, full-service restaurant.
Applicant: Cafe Montana. Appellant: Montana Avenue Task Force.
Council asked questions of staff.
Orson Mozes spoke on behalf of the Appellant, Montana Avenue Task
Force, in support of the appeal. council asked questions of Mr.
Mazes.
Jonathan Horne addressed Council on behalf of Applicant, in
opposition to the appeal. Applicants Edmund and Ausra Silkaitis
addressed Council in opposition to the appeal. Council asked
questions of the applicants. Members of the public Judy Gewertz,
Jay Sargeant, Lee Taylor, Michael McKean, Doug Dupuy, Diane
Stanfield, Ron Abraham, Joan Hersh, Mitch Silkaitis, and Lisa
SharI in spoke in opposition to the appeal. Members of the public
vicky Waggaman (reading for Frank Armeneti) and Mackenzie
Waggaman spoke in support of the appeal. Councilmember Abdo
moved to extend the meeting to 12: 30 A.M. Second by
Councilmember Genser. The motion was approved, Councilmembers
Jennings and Katz opposed. Members of the public Raisa Urbanas,
Dana Pascoe, Olga Maslovskaja, Joy Estes, Donald Cohen, Tony
White, Shannon White, Gordon Merrick, Mary Goodstein, and Bernard
Segal spoke in opposition to the appeal. Members of the public
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Gabe Bandy, Joan Hickman, Robert Locker, David Young, Chris
Brown, Jean Sedillos, Norm Levine, Darlyn Mocklow, and Donald
Nelson spoke in support of the appeal. Member of the public
Graham Archer spoke neither in favor of nor in opposition to the
appeal but clarified various Alcoholic Beverage Control laws.
Polly Benson-Brown, on behalf of the appellant, presented a
rebuttal in support of the appeal.
Councilmember Katz moved to deny the appeal and uphold Planning
Commission approval of Conditional Use Permit 89-080 with the
following conditions: 1) The Conditional Use Permit is to be
granted for a two-year period; 2) The CUP is to be reviewed at
the end of one year and again at the end of the second year; 3)
The four bar stools at the counter are to be removed; stools at
entrance may remain; alcohol may be served to customers who are
waiting for a table at the entrance but no food is to be served.
Second by Mayor Zane.
Discussion was held. Councilmember Reed moved to amend the main
motion to limit the restaurant to 49 seats total. The motion
died for lack of a second. Discussion was held.
Councilmember Katz moved to extend the meeting to 12: 45 A.M.
Second by Councilmember Abdo. The motion was unanimously
approved. Further discussion was held. The motion to deny the
appeal and approve the Conditional Use Permit was approved by the
following vote:
council vote: Affirmative: Councilmembers Abdo,
Jennings, Katz, Mayor Zane
Finkel,
Negative: councilmembers Genser, Reed
councilmember Reed requested the record to reflect that she voted
"no" on this issue because she believes that this motion is in
violation of the City's Zoning Code and does not believe that the
city Council has the authority to set aside the Zoning Code in
the manner in which it is contemplated in this motion.
14-A: PURCHASE OF "ZIMMERMAN
Councilmember Katz to discuss the
of the "Zimmerman Property" and
withdrawn.
PROPERTYIf: The request of
consideration of the purchase
the acquisition price, was
14-B: INSTALLATION OF DEDICATED TELEPHONE LINES: The request of
Councilmember Jennings to discuss the installation of dedicated
telephone lines in Councilmembers' homes for City council
computers, was withdrawn at the request of Councilmember
Jennings.
14-C: REAGENDIZING PRESENTATION OF ELECTED BOARDS: The request
of Councilmember Jennings to discuss reagendizing the
presentation of elected Boards from "10" items to "4" items was
withdrawn at the request of Counci1member Jennings.
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46
Councilmember Genser moved to extend the meeting to 1:00 A.M.
Second by Councilmember Jennings. The motion was approved,
Councilmembers Katz and Reed opposed.
Councilmembers Reed and Jennings were excused from the remainder
of the meeting.
14-D: APPOINTMENT OF MEMBER TO HOUSING COMMISSION: Presented
was the matter of the appointment of a member to the Housing
Commission. Mayor Zane opened the floor to nominations.
Councilmember Genser nominated Karen Pally to the Housing
Commission. There being no further nominations, Mayor Zane
declared nominations closed. Mayor Pro Tempore Finkel moved to
appoint Karen Pally to the Housing Commission by acclamation.
Second by Councilmember Genser. Karen Pally was thereby
appointed to the Housing Commission by acclamation for a term
ending June 30, 1990.
14-E: RESIGNATION/GUADALUPE CASTRO/COMMISSION ON THE STATUS OF
WOMEN: Presented was the matter of the acceptance of a letter of
resignation from Guadalupe Castro of the Commission on the status
of Women. Councilmember Abdo moved to accept Ms. Castro's
resignation with regrets and direct the City Clerk to publish a
notice of vacancy. Second by Councilmember Genser. The motion
was unanimously approved.
14-F: PARKING OF MOTORCYCLES AND MOTOR SCOOTERS: The request of
Councilmember Reed to discuss laws covering the parking of
motorcycles and motor scooters was continued to the meeting of
February 27, 1990.
14-G: MEETING OF REGIONAL CITIES: Mayor Zane advised that Mayor
Pro Finkel will be representing the City of Santa Monica at a
meeting of regional cities on February 22, 1990, to be hosted by
the city of Beverly Hills. Discussion was held.
14-H: REPORT OF PRESIDENTIAL TASK FORCE ON OFF-SHORE OIL
DRILLING: The request of Mayor Zane to discuss his concerns
regarding Report of the Presidential Task Force on Off-shore Oil
Drilling was withdrawn at his request.
14-1: REVISION OF APPLICATIONS FOR VARIOUS PERMITS AND APPEALS:
Presented was the request of Councilmember Genser to discuss
requesting staff to revise applications for various permits and
appeals to provide a method of tracking time deadlines
established by the Code. Councilmember Genser initiated
discussion and moved to direct staff to include schedule of
filing, appeal, and other deadlines on applications for various
permits and appeal forms. Second by Counci1member Katz. The
motion was approved, Councilmembers Jennings and Reed absent.
14-J: ENVIRONMENTAL PROTECTION ACT: Presented was the request
of Mayor Zane to discuss requesting Council endorsement for the
Environmental Protection Act. Mayor Zane moved express Council's
endorsement of the Environmental Protection Act. Second by
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Counci1member Abdo. The motion was approved, Counci1members
Jennings and Reed absent.
14-K: PROTECTION OF OFF-SHORE ENVIRONMENT: The request of
Counci1member Reed to discuss support of HR 3751 (Boxer, Levine,
et al) which would provide permanent protection for the off-shore
environment was continued to the meeting of February 27, 1990.
ADJOURNMENT: At 12:55 A.M., the City Council meeting was
adjourned in memory of Elton SCholl, father of General Services
Director Stan Scholl, to January 30, 1990.
ATTEST:
el~ JOi,'
city Clerk
APPROVED:
p~ I~~ '-
Dennl.s Zane
Mayor
6
February 20, 1990