M-2/13/1990
33
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 13, 1990
A regular meeting of the Santa Monica City council was called to
order by Mayor Zane at 7:34 P.M., on Tuesday, February 13, 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
(arrived at 7:40 P.M.)
Absent: councilmember Christine E. Reed
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
Assistant city Clerk Beth Holmes
CLOSED SESSION: Not held.
Councilmember Abdo led the assemblage in the Pledge of Allegiance
to the Flag of the United States of America.
INSPIRATION: Maxine Manners provided a moment of inspiration by
presenting the song "SANTA MONICA I."
On the recommendation of City Manager Jalili, Council continued
Item 8-C to the meeting of February 20, 1990.
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
Genser moved to approve the Consent Calendar, reading resolutions
and ordinances by title only and waiving further reading thereof.
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:
meetings of January 16,
amended.
The City Council minutes for the
and January 23, 1990, were approved as
6-B: WEIGHT LIMITATION ON CALIFORNIA INCLINE: Ordinance No.
1510{CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 3346
1
February 13, 1990
34
RELATING TO MAXIMUM WEIGHT ALLOWANCE ON THE CALIFORNIA INCLINE,"
was adopted, thereby lowering the maximum weight limitation of
vehicles on the California Incline to 6,000 pounds.
6-C: WAITING PERIOD FOR PURCHASE OF LONG RIFLES: Ordinance No.
1511 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 5B TO ARTICLE III OF THE
SANTA MONICA MUNICIPAL CODE REQUIRING A FIFTEEN (15) DAY WAITING
PERIOD BEFORE THE DELIVERY OF ANY RIFLE," was adopted.
6-D: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7968 (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-90-
158) , If thereby setting a public hearing for March 13, 1990, on
the assessment of costs to repair damaged sidewalks, driveways,
and curbs on various streets, was adopted.
6-E: HANDICAPPED PARKING ZONE: Resolution No. 7969 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO
1638 FRANKLIN STREET," was adopted.
6-F: GRANT APPLICATIONS FOR SENIOR NUTRITION PROGRAM: Resolution
No. 7970(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND
THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY
PERSONS, II thereby authorizing the submittal of a grant
application to the Los Angeles County Area Agency on Aging for
funding in the amount of $149,062 for Fiscal Year 1990-91, was
adopted.
6-G: QUITCLAIM OF ABANDONED EASEMENT AT 3201 WILSHIRE BOULEVARD:
Resolution No. 7971 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND
RECORDATION OF A QUITCLAIM DEED AT 320l WILSHIRE BOULEVARD, IN
THE CITY OF SANTA MONICA, CALIFORNIA," thereby authorizing the
city Manager to quitclaim an abandoned utility easement at 320l
wilshire Boulevard, was adopted.
6-H: AUDITORIUM BOX OFFICE TRUST ACCOUNT: Resolution No.
7972 (CCS) entitled : "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT AND USE BY THE
CIVIC AUDITORIUM OF A CHECKING ACCOUNT IN THE NAME OF AUDITORIUM
BOX OFFICE TRUST ACCOUNT WITH FIRST INTERSTATE BANK," thereby
including the Director of Cultural and Recreation services and
the Director of Finance as authorized signers for the City of
Santa Monica Civic Auditorium Trust Account, was adopted.
6-1: FINAL TRACT MAP 20868/CONDOMINIUM/2222 6TH STREET:
ReSOlution No. 7973 (CCS) entitled: itA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 20868," thereby approving
Final Tract Map 20868 for a 4-unit condominium project at 2222
6th Street, was adopted.
2
February l3, 1990
35
6-J: FINAL TRACT MAP 47085/CONDOMINIUM/1019 GRANT STREET:
Resolution No. 7974 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 47085, II thereby approving
Final Tract Map 47085 for a 5-unit condominium project at 1019
Grant Street, was adopted.
6-K: FINAL TRACT MAP TTM 47269/CONDOMINIUM/1057 4TH STREET:
Resolution No. 7975 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVIS ION MAP FOR TRACT NO. 47269, " thereby approving
Final Tract Map TTM 47269 for a 6-unit condominium project at
1057 4th street, was adopted.
6-L: RETIREMENT AND SALE OF POLICE SERVICE DOG: A
recommendation to approved the retirement and sale of police
service dog, Bill, to his handler, Officer Von Achen, for one
dollar, was approved.
6-M: BRAKE BLOCKS, BRAKE SHOES, AND MISCELLANEOUS BEARINGS:
Council awarded Bid No. 2262 to Universal Coach Parts, Inc. at
specified unit prices to furnish and deliver non-asbestos Abex
brake blocks, new brake shoes and miscellaneous Timkin bearings
and Chicago Rawhide seals for the Transportation Department.
6-N: PAPER PRODUCTS: Council awarded Bid No. 2263 to unisource
at specified unit prices to furnish and deliver toilet paper,
toilet seat covers and paper towels for various departments.
6 -0: CAB AND CHASSIS WITH REFUSE COLLECTION BODY: council
awarded Bid No. 2264 to Fred M. Boerner Motor Co. in the amount
of $45,242.78 to furnish and deliver one 13,250 gross vehicle
weighted rate cab and chassis with 6-cubic yard side loading
refuse collection body for the Solid Waste Management Division,
General Services Department.
6-P: VEHICLE FUELS AND LUBRICANTS: Council awarded Bid No.
2265 to Gasco Gasoline, Inc., Union oil Company, Chevron USA,
Inc., and Sunbelt oil Company at specified unit prices to furnish
and deliver vehicle fuels and lubricants for various departments.
6-Q: BINATIONAL AIDS CONFERENCE: Council approved the
allocation of $5,000 to Latino Resource organization for June
1990 binational AIDS conference to be hosted in Santa Monica.
6-R: BALLFIELD LIGHTS: council approved Contract No. 5485(CCS)
to Dewco General Contractors and Developers in the amount of
$194,825.00, including contingencies, for the installation of
ballfield lights at Clover Park, contingent on FAA approval.
6-S: LIBRARY IMPROVEMENT BONDS: Resolution No. 7976(CCS)
entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $4,500,000
GENERAL OBLIGATION BONDS OF SAID CITY TO FINANCE THE COST OF
ACQUISITION AND IMPROVEMENT OF LAND FOR PARKING AND/OR ADDITIONAL
IMPROVEMENTS FOR THE SANTA MONICA PUBLIC LIBRARY MAIN BRANCH, II
3
February 13, 1990
36
and Resolution No. 7977 (CCS) entitled: "A RESOLUTION OF THE
SANTA MONICA CITY COUNCIL AUTHORIZING THE INVITATION OF PROPOSALS
FOR THE PURCHASE OF GENERAL OBLIGATION BONDS OF SAID CITY,"
thereby authorizing the issuance of $4.5 million in General
Obligation Library Improvements Bonds and inviting proposals for
bids concerning the purchase of such bonds, were adopted.
6-T: EIR/NORTH OF WILSHIRE REZONING: A recommendation to
authorize the city Manager to negotiate and execute Contract No.
5486(CCS), an agreement with Richard Morehouse Associates in the
amount of $78,650 for the preparation of an Environmental Impact
Report on the proposed North of Wilshire Rezoning, Rate and
Standards Program, was approved.
6-U: FDIC REGULATIONS: Resolution No. 7978 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN
OPPOSITION OF PROPOSED FDIC REGULATIONS [12 C.F.R. 330.12 (e)J,"
thereby opposing proposed FDIC regulations limiting FDIC
insurance on deferred compensation plans, was adopted.
END OF CONSENT CALENDAR
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. Mayor Zane opened the public
hearing. There being no one wishing to speak, Mayor Zane closed
the public hearing. Mayor Pro Tem Finkel moved to adopt
Resolution No. 7979 (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 (SR-89-156/157)," 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, Genser,
Jennings, Katz, Mayor Zane
Absent: councilmember Reed
8-A: NON-RESIDENTIAL AND HOTEL DEVELOPMENT MORATORIUM: Presented
was a staff report transmitting an ordinance for introduction and
first reading extending the citywide moratorium on
non-residential and hotel development for an additional ten
months and 15 days. Council asked questions of staff. At 8:14
P.M., Mayor Zane declared the public hearing opened. Members of
the public Joy Fullmer, Laurel Roennau, Eric Chen, Michael
Brourman, Donald Nelson, and Merritt Coleman spoke in support of
the extension of the moratorium. Members of the public Ken
Kutcher, Joseph Palazzolo, and Duane Nightingale spoke in
opposition of the extension of the moratorium. Councilmember
Genser moved to hear late speakers. Second by Councilmember
Katz. The motion was unanimously approved. Members of the
public Suzanne Brewer and John Kaufman spoke in support of the
extension of the moratorium. There being no one else wishing to
speak, Mayor Zane declared the public hearing closed at 8:50 P.M.
Councilmember Abdo moved to approve the staff recommendation and
4
February 13, 1990
37
introduce for first reading, an ordinance enti tIed: II AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
EXTENDING THE CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL
DEVELOPMENT ,II reading by title only and waiving further reading
thereof. Second by Councilmember Genser. councilmember Genser
moved to amend the proposed ordinance to reduce the allowable
development thresholds for medical office uses by one-third in
all districts. Second by Mayor Pro Tem Finkel. Discussion was
held. The motion to amend the ordinance failed by the following
vote:
council vote: Affirmative: Councilmembers
Mayor Zane
Jennings,
Genser,
Negative: Councilmembers Abdo, Finkel, Katz
Absent: Councilmember Reed
Mayor Pro Tem Finkel requested the record to reflect that he is
not necessarily against the amendment but feels that it is
unclear and would prefer to return after some statistics are
compiled.
Councilmember Abdo's motion to approve the staff recommendation
and introduce the ordinance for first reading was approved by the
following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Absent: councilmember Reed
Mayor Pro Tem Finkel moved to direct staff to return with
recommended exemption thresholds for medical office development.
Second by councilmember Genser. Councilmember Katz moved to
amend the motion to request quarterly reports from staff
concerning the level of medical office development in the City.
The amendment was accepted as friendly. The motion, as amended,
was approved, Councilmember Reed absent.
8-B: WATER METERS: Presented was a staff report transmitting an
ordinance for introduction and first reading amending Section
7211.5 of the Santa Monica Municipal Code requiring installation
of individual water meters for each unit of new mUlti-family
residential construction. Mayor Zane opened the pUblic hearing
at 9: 15 P.M. Members of the public Joy Fullmer and Forrest
Chadwick spoke in opposition to the ordinance. There being no
one else wishing to speak, Mayor Zane declared the public hearing
closed at 9:20 P.M. Councilmember Katz moved to approve the
staff recommendation, and introduce for first reading an
ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 7211.5 TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO METER REQUIREMENTS FOR NEW
MULTI-FAMILY RESIDENTIAL CONSTRUCTION," reading by title only and
waiving further reading thereof. Second by Councilmember ADdo.
5
February 13, 1990
38
Discussion was held. The motion was approved by the following
vote:
council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Katz, Mayor Zane
Absent: Councilmember Reed
8-C: LOCAL COASTAL PROGRAM/LOW COST LODGING ACCOMMODATION FEES:
The introduction and first reading of an ordinance 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 was continued to
the meeting of February 20, 1990.
8-D: CLARIFICATION OF OCEAN PARK ZONING ORDINANCE: Presented was
a staff report transmitting an ordinance for introduction and
first reading implementing revisions to clarify the Ocean Park
Zoning Ordinance. Mayor Zane opened the pUblic hearing at 9:24
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 9:26 P.M. Councilmember Genser 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 REVISING ORDINANCE NUMBER 1496(CCS)
ESTABLISHING DEVELOPMENT STANDARDS IN THE OCEAN PARK AREA,"
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
8-E: TENANT RELOCATION ASSISTANCE ORDINANCE: Presented was a
staff report transmitting an ordinance for introduction and first
reading amending Chapter 8B of Article IV of the Santa Monica
Municipal Code relating to tenant relocation assistance. Council
asked questions of staff. Mayor Zane opened the public hearing
at 9: 39 P.M. Members of the public J. L. Jacobson, Donald
Howland, Forrest Chadwick, R. J. Garrett, Tom Nitti, John
Jurenka, James Baker, and Leah Mendelsohn spoke in opposition to
the proposed ordinance. Members of the public Joy Fullmer, Brad
Jones, and Donald Nelson spoke in support of the proposed
ordinance. There being no one else wishing to speak, Mayor Zane
closed the public hearing at 10: 15 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 AMENDING CHAPTER 8B OF
ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE RELATING TO TENANT
RELOCATION ASSISTANCE," reading by title only and waiving further
reading thereof. Second by Councilmember Genser. Discussion was
held. The motion was approved by the following vote:
6
February 13, 1990
39
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmember Katz
Absent: councilmember Reed
Councilmember Katz requested the record reflect his concern that
timing of this item did not allow for a fair hearing.
At 10:30 P.M., Council adjourned for a short recess. At 10:56
P.M., Council reconvened with all members present.
ll-A: RECYCLING OZONE-DEPLETING COMPOUNDS: A recommendation to
direct the City Attorney to prepare an ordinance which requires
the phasing out or recycling of ozone depleting compounds was
continued to the meeting of February 20, 1990.
12-A: APPEAL OF LANDMARK COMMISSION/1253-1255 11TH STREET:
Presented was an appeal of Landmarks Commission's decision
against formally considering the landmark designation of
LC014-037, 1253-1255 11th Street, two single family California
bungalows. Appellant: Councilmember David Finkel. Council
asked questions of staff. Susan Suntree, speaking on behalf of
the appellant, expressed the appellant's desire to address
Council next week should Council continue this item.
councilmember Genser moved to continue the public hearing to next
week and to hear from any other speakers who wish to speak on
this item tonight. Second by Councilmember Katz. Discussion was
held. Syd Jurin and Susan Suntree, speaking on behalf of the
appellant, stated their support of the appeal. Council asked
questions of appellants. Rosario Perry, speaking on behalf of
the applicant, stated his opposition to the appeal. city
Attorney Myers stated that the appeal should be disapproved
because time period for the appeal had lapsed. Discussion was
held. Mayor Pro Tem Finkel moved to deem the appeal moot.
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
At this time, Councilmembers Jennings and Katz were excused from
the remainder of the meeting.
councilmember Genser moved to extend the meeting past 11:00 P.M.
and continue all items except 13-C to the meeting of February 20,
1990. Second by councilmember Abdo. The motion was approved,
Councilmembers Jennings, Katz, and Reed absent.
12-B: APPEAL OF PLANNING COMMISSION/CUP 89-028/476 18TH STREET:
The appeal of Planning Commission I s denial of CUP 89-028 to
construct a two-story accessory building at 476 18th street was
continued to the meeting of February 20, 1990.
7
February 13, 1990
40
12-C: APPEAL OF PLANNING COMMISSION/CUP 89-080/ALCOHOL
LICENSE/CAFE MONTANA: The 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 was continued to the
meeting of February 20, 1990.
13-A: BUSINESS LICENSE ASSESSMENT PENALTY: The request of Fred
Hoffman to address Council regarding protesting business license
assessment penalty was continued to the meeting of February 20,
1990, at the request of Mr. Hoffman.
13-B: CALIFORNIA FUND FOR SENIORS: 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 was
continued to the meeting of February 20, 1990.
13-C: JOHN JURENKA/SPECIAL ELECTION: Presented was the request
of John Jurenka to discuss the special election to elect a Rent
Control Board member and a change of charter to expand the Board
from five to 7 members. Mr. Jurenka addressed Council. No
action was taken on Mr. Jurenka's request.
l4-A: PURCHASE OF "ZIMMERMAN PROPERTY" : The request of
Councilmember Katz to discuss the consideration of the purchase
of the "Zimmerman Property" and the acquisition price was
continued to the meeting of February 20, 1990.
14-B: INSTALLATION OF DEDICATED TELEPHONE LINES: Councilmember
Jenningsl request to discuss the installation of dedicated
telephone lines in Councilmernbers' homes for City council
computers was continued to the meeting of February 20, 1990.
14-C: REAGENDIZING PRESENTATION OF ELECTED BOARDS: The request
of councilmember Jennings to discuss reagendizing presentation of
elected Boards from "10" items to "4" items was continued to the
meeting of February 20, 1990.
14-D: APPOINTMENT OF MEMBER TO HOUSING COMMISSION: The
appointment of a member to the Housing Commission was continued
to the meeting of February 20, 1990.
14-E: RESIGNATION/GUADALUPE CASTRO/COMMISSION ON THE STATUS OF
WOMEN: The acceptance of a letter of resignation of Guadalupe
Castro from the Commission on the status of Women and
authorization to City Clerk to publish a notice of vacancy was
continued to the meeting of February 20, 1990.
14-F: PARKING OF MOTORCYCLES AND MOTOR SCOOTERS: The request of
Councilmember Reed to discuss a law covering the parking of
motorcycles and motor scooters was continued to the meeting of
February 20, 1990.
14-G: MEETING OF REGIONAL CITIES: The request of Mayor Zane to
discuss a proposal for a meeting of regional cities proposed for
8
February 13, 1990
41
February 22, 1990, by the city of Beverly Hills was continued to
the meeting of February 20, 1990.
14-H: REPORT OF PRESIDENTIAL TASK FORCE ON OFF-SHORE OIL
DRILLING: The request of Mayor Zane to discuss concerns
regarding the Report of the Presidential Task Force on Off-shore
oil Drilling was continued to the meeting of February 20, 1990.
11-B: CLOSED SESSION: At 12:10 A.M., Council adjourned to
Closed Session for the purpose of considering personnel matters
and threatened litigation, pending litigation and litigation to
be commenced by the City as follows: Bernards Bros. v. City of
Santa Monica; City of Santa Monica v. Bernards Bros. and Solberg
+ Lowe, Los Angeles Superior Court Case No. C727 047; O'Herlihy
v. City of Santa Monica, Santa Monica Superior Court Case No. WEC
120 849. At 12:17 A.M., Council reconvened. Mayor Pro Tempore
Finkel moved to approve an arbitration award in the case of
Q'Herlihy v. City of Santa Monica in the amount of $25,514.10.
Second by Mayor Zane. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Mayor Zane
Absent: councilmembers Jennings, Katz, Reed
ADJOURNMENT: At 12:20 A.M., the City Council meeting was
adjourned in memory of Cecilia Pfeiffer to February 20, 1990.
ATTEST:
APPROVED:
~ -'" ~: _ J- i )\ .: J..
I/:j A~/;-/+-~ d
,/
Beth Holmes
Assistant city Clerk
~/S~
Dennis Zane
Mayor
9
February 13, 1990