M-9/19/1989
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 19, 1989
An adjourned meeting of the Santa Monica city Council, adjourned
from the meeting of september 12, 1989, was called to order by
Mayor Zane at 7:35 p.m., in the Council Chambers.
Roll Call: Present: Mayor Pro Tempore Dennis Zane
Mayor Pro Tempore David B. Finkel
(arrived at 9:50 p.m.)
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember william H. Jennings
(arrived at 8:02 p.m.)
Councilmember Christine E. Reed
Absent: Councilmernber Herbert Katz
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.
6. CONSENT CALENDAR: Presented was the Consent Calendar whereby
all items are considered and approved in one motion unl,ess
removed from the calendar for discussion. Councilmember Reed
moved to approve the Consent Calendar as presented, reading
resolutions and ordinances by title only and waiving further
reading thereof. Second by Councilmember Genser. The motion 'Nas
approved by the following vote:
council vote: Affirmative: Councilmembers Abdo, Genser, Rei;d,
Mayor Zane
Absent: Counci1members
Katz
Finkel,
Jenninl;rs I
6-1: PIONEER BOULANGERIE!LEASE AGREEMENT: A recommendation to
authorize the city Manager to renegotiate and execute Contract
No. 5436 (CCS) , a five-year lease agreement with PionE~er
Boulangerie for the use of City property at $11,400 per year wIth
adjusted increase based on changes in the Consumer Price IndE!X,
for parking purposes, continued from September 12, 1989, vlas
approved.
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6-Q: ENVIRONMENTAL PROTECTION AGENCY GRANT FUNDS/OZONE PILOT
PLANT PROJECT: A request to accept and appropriate EPA grant
funds for the Ozone pilot Plant Project in the amount of $100,000
and authorize the city Manager to negotiate and execute Contract
No. 5437 (CCS), an agreement with UCLA for related laboratory
analyses, continued from September 12, 1989, was approved.
6-R: UTILITY EASEMENT/PICO-KENTER STORM DRAIN EXTENSION:
Resolution No. 7906 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO GRANT AND RECORD AN EASEMENT FOR UTILITY PURPOSES FOR THE
PICO-KENTER STORM DRAIN EXTENSION," continued from September 12,
1989, was adopted.
8-B: OCEAN PARK AREA ZONING REGULATIONS/INTERIM DISTRICTING
MAP/RESOLUTION CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT:
Presented was a staff report transmitting ordinances for
introduction and first reading amending Santa Monica Municipal
Code Sections 9000.3, 9040.3, 9040.10, 9040.17, 9040.18, 9041.2,
9041.6, 9044.10, 9044.21, and 9113.3 and adding Sections 9002.10,
9035.1 through 9035.7, 9036.1 through 9036.7, 9037.1 through
9037.7,9038.1 through 9038.7,9039.1 through 9039.7,9040.41,
9047.1 through 9047.3, and 9151.1 through 9151. 7 relating to
zoning regulations for the Ocean Park Area: revising the Interim
Districting Map: and a resolution certifying the Final
Environmental Impact Report, continued from september 12, 1989.
At 8:20 p.m., Councilmember Jennings entered the meeting.
Council asked questions of staff. At 8:40 p.m., Mayor Zane
opened the public hearing. Joy Fullmer, Stephen Frew, and John
F. Walsh expressed their concerns regarding the proposed zoning
regulations. Sandy Cherry, John Jurenka, John Morrissey, Steve
Woluck, Rosario Perry, Gilbert Friedman, Tim Spence, Kenneth
Garvin, Louis Goldman, Henry Custis, and Myrna Leifer, spoke in
opposi tion to the proposed new zoning regulations. Nick Kazan
and Bea Nemahala spoke in support of zoning alternative "C" as
outlined in the staff report dated September 19, 1989. Julie
Lopez-Dad and Roseann Alvarez spoke in support of the proposed
re-zoning. June Steel spoke in support of "OP-2" zoning for
Copeland Court. Michael Hill and Richard Dysart spoke in support
of "Duplex" zoning for Copeland Court.
Councilmember Genser moved to hear from members of the public who
submitted requests to address Council after the item had been
called. Second by Councilmember Reed. The motion was approved,
Mayor Pro Tempore Finkel and Councilmember Katz absent.
Judy Leland and Terry Gray spoke in opposition to the proposed
new zoning regulations. Tim Blaney spoke in support of "Duplex"
zoning for Copeland Court. At 9:48 p.m., there being no one else
wishing to speak on the matter, Mayor Zane declared the public
hearing closed.
At 9:50 p.m., Council adjourned for a short recess. At 10:05
p.m., Council reconvened. Mayor Pro Tempore Finkel entered the
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meeting during the recess. Mayor Pro Tempore Finkel expressed
his regret for not being able to attend earlier and stated that
he was listening to the meeting on television, and asked the City
Attorney's opinion regarding his qualification to participate in
council's deliberations, given the fact that he has not only
studied the materials carefully, but listened to all the prior
proceedings. The city Attorney stated that Mayor Pro Tempore
Finkel may participate in the voting, not withstanding the fact
that he listened to the prior discussion and public hearing on
the radio or television.
councilmember Abdo moved to approve Alternative zoning Plan "c",
as outlined in the staff report dated September 19, 1989, with
the following changes: 1) That the area designated 1I0P-l" in
alternative "D", with the small area of "OP-2" inside, be
incorporated into Alternative Plan "C"; 2) That the 600 block of
Copeland court be zoned "OP-Duplex"; 3) That council reserves
further action on the 700 block of copeland Court; and 4) That
the area designated "OP-4" in the northwesterly portion of the
map (figure 3 of the staff report) Barnard Way, Bicknell, and
Pacific between Neilson Way and Ocean Avenue be designated
"OP-3". Second by Councilmember Genser. Discussion was held.
Councilmember Abdo withdrew her motion.
councilmember Abdo moved to adopt Resolution No. 7907 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE
OCEAN PARK REZONING PLAN," 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, Mayor Zane
Negative: Councilmember Reed
Absent: Councilmember Katz
councilmember Reed requested that the record reflect that her
reasons for voting Itno" are because council has not been given
information regarding the creation of non-conforming properties,
and that Council does not know the potential loss of housing
units which might be experienced under this new zoning due to the
recycling of the non-conforming properties.
Councilmember Abdo moved again her previous motion to approve
Alternative Zoning Plan "e" with all amendments as stated
earlier, and with the additional amendment that the effective
date of the new zoning be September 19, 1989. That applications
received after 5:00 p.m., September 19, 1989, be considered under
the new zoning regulations. Second by Mayor Pro Tempore Finkel.
Councilmember Jennings moved to amend the motion to apply the
"OP-Duplex" zone to both blocks of Copeland Court. The motion
failed for lack of a second. Councilmember Jennings moved to
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322
disallow density bonuses for both blocks of Copeland Court.
Second by Councilmember Reed. Councilmember Jennings withdrew
his motion. The motion as stated by Councilmember Abdo was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmember Reed
Absent: councilmember Katz
councilmember Reed requested that the record reflect that she is
voting II no II because Council does not have the information
regarding the crea tion of nonconforming properties, nor does
Council know what potential loss of housing units the city may
experience under this zoning, and she would like the record to
further reflect the fact that she did ask for that information
over two years ago.
councilmember Abdo moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA IMPLEMENTING THE COMPREHENSIVE LAND USE AND
ZONING ORDINANCE BY AMENDING THE INTERIM DISTRICTING MAP, II
reading by title only and waiving further reading thereof,
thereby revising the interim zoning map as outlined in her
earlier motion. Second by Mayor Pro Tempore Finkel. Discussion
was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: councilmember Reed
Absent: councilmember Katz
Councilmember Reed requested that record reflect that her
negative vote is for the reasons she stated previously.
Mayor Pro Tempore Finkel moved to direct staff to amend the
Municipal Code to require grading permits, and to direct the
Planning commission to review revisions to the definition of
building height and average natural grade to establish citywide
consistency with the theoretical grade concept proposed for Ocean
Park. Second by Councilmember Abdo. The motion was approved by
the following vote:
Council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmember Reed
Absent: councilmember Katz
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323
councilmember Reed requested that the record reflect that she has
absol utely no concern for the grading permit ordinance. She
would be happy to support that. But, she does have some concerns
about the height, and she doesn't believe that Council has enough
information yet, for her to support that because it will be a
higher height on some. portion on the. lot than is currently
allowed.
8-C: VENDING REGULATIONS: Presented was a staff report
transmitting an ordinance for introduction and first reading
adding Chapter 2C to Article VI of the Santa Monica Municipal
Code, amending Section 3376 of the Santa Monica Municipal Code,
and repealing sections 3336, 3381, 4300, 5121, 6233A, 6233B,
6233C,and 6233D, of the santa Monica Municipal Code relating to
vending, continued from September 12, 1989. council asked
questions of staff. At 11:10 p.m., Mayor Zane opened the public
hearing. Jeffrey LeBeouf spoke in support of providing special
preferential consideration for military veterans in awarding
vending permits. At 11:15 p.m., there being no one else wishing
to speak, Mayor Zane declared the public hearing closed.
Discussion was held. Councilmember Genser moved to introduce for
first reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2C TO ARTICLE
VI OF THE SANTA MONICA MUNICIPAL CODE, AMENDING SECTION 3376 OF
THE SANTA MONICA MUNICIPAL CODE, AND REPEALING SECTIONS 3336,
3381, 4300,5121, 6233A, 6233B, 6233C, AND 6233D OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO VENDING," reading by title only
and waiving further reading therof, with the amendment that the
permits issued be valid for two years, and that the drawing to
award permits be held every two years. Second by Mayor Zane.
The motion was approved by the following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmember Katz
Councilmember Abdo moved to extend the Council meeting to 12:00
a.m. Second by Councilmember Jennings. The motion was
unanimously approved, Councilmember Katz absent.
8-0: INDUSTRIAL WASTEWATER CONTROL PROGRAM/FEDERAL CLEAN WATER
ACT COMPLIANCE: Presented was a staff report transmitting an
ordinance for introduction and first reading amending Santa
Monica Municipal Code Sections 5400, 5403, 5404, 5423, and 5429
and adding Sections 5429A, 5432, 5433, 5434 and 54l4A to the
Municipal Code to clarify the Industrial Wastewater Control
Program and to ensure its compliance with the Federal Clean Water
Act, continued from September 12, 1989. At 11:20 p.m., Mayor
Zane declared the public hearing opened. Joy Fullmer expressed
her concerns regarding the proposed ordinance. There being no
one else wishing to speak, at 11:25 p.m., Mayor Zane declared the
public hearing closed. Councilmemher Genser moved to introduce
for first reading an ordinance entitled: "AN ORDINANCE OF THE
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CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 5400, 5403, 5404, 5423, AND 5429 AND
ADDING SECTIONS 5429A, 5432, 5433, 5434, AND 5414A TO THE
MUNICIPAL CODE TO CLARIFY THE INDUSTRIAL WASTEWATER CONTROL
PROGRAM AND TO ENSURE ITS COMPLIANCE WITH THE FEDERAL CLEAN WATER
ACT," 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, Reed, Mayor Zane
Absent: Councilmember Katz
9-A: RESOLUTION REVISING THE EXECUTIVE PAY PLAN:
following Closed Session.
Considered
9-B: ADMINISTRATIVE TEAM ASSSOCIATES
Considered following Closed Session.
BARGAINING
UNIT:
13-A: HERMAN ROSENSTEIN/HOMELESS: Presented was the request of
Herman Rosenstein to address Council regarding the homeless
problem, continued from september 12, 1989. Mr. Rosenstein spoke
before Council regarding the history of the homeless in downtown
Santa Monica
13-B: CHRISTOPHER M. HARDING/AVERAGE NATURAL GRADE: The request
of Christopher M. Harding to address Council regarding Zoning
Ordinance definition of term "Average Natural Grade," continued
from September 12, 1989, was not heard. Mr. Harding was not
present when this item was called.
11-C: CLOSED SESSION: Presented was the request for Closed
Session for the purpose of considering personnel matters and
threatened litigation, pending litigation and litigation to be
commenced by the City, continued from the Council meeting of
September 12, 1989. The city Attorney announced that one of the
items to be considered in Closed Session was the acquisition of
real property known as the Bergamot Parcel, located south of
Olympic between 26th and Stewart Streets. The city'S negotiators
are John Jalili, Hank Dittmar, and Lind Mills-Coyne, and they are
authorized to meet with Southern Pacific Transportation Company's
negotiators who are Doug Stephenson and Linda Hill. At 11: 30
p.m., Council adjourned to Closed Session. At 12:16 a.m.,
Council reconvened with Councilmembers Abdo, Finkel, Genser,
Jennings, Reed, and Mayor Zane present. Councilmember Jennings
moved to extend the meeting to 12:25 a.m. Second by
Councilmember Genser. The motion was approved, Councilmember
Reed opposed, Councilmember Katz absent.
9-A: EXECUTIVE PAY PLAN: Presented was resolution for adoption
revising the Executive Pay Plan, continued from the City Council
meeting of September 12, 1989. Councilmember Jennings moved to
adopt Resolution No. 7908 (CCS) entitled: "A RESOLUTION OF THE
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325
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE
PAY PLAN," 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 Ahdo, Finkel, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmember Katz
9-B: ADMINISTRATIVE TEAM ASSOCIATES/BARGAINING UNIT: Presented
was a resolution for adoption recognizing the Administrative Team
Associates (A.T.A.) as the bargaining unit representing certain
City job classifications formerly represented by the Municipal
Employees Association (M.E.A.). councilmember Jennings moved to
adopt Resolution No. 7909 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA RECOGNIZING
ADMINISTRATIVE TEAM ASSOCIATES (A. T. A.) AS THE BARGAINING UNIT
REPRESENTING CERTAIN JOB CLASSIFICATIONS FORMERLY REPRESENTED BY
THE MUNICIPAL EMPLOYEES ASSOCIATION (M.E.A.}," 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,
Jennings, Reed, Mayor Zane
Genser,
Abstain: Mayor Pro Tempore Finkel
Absent: Councilmember Katz
14-A: APPOINTMENT OF MEMBERS TO CITY BOARDS AND COMMISSIONS:
Presented was the matter of the appointment of members to Boards
and commissions, continued from September 12, 1989. Mayor Pro
Tempore Finkel moved to continue all appointments to the City
council meeting of September 26, 1989. Second by councilmember
Reed. The motion was unanimously approved, Councilmember Katz
absent.
14-C: SALE OF FIREARMS/FIFTEEN DAY WAITING PERIOD: The request
of Mayor Pro Tempore Finkel to discuss direction to city Attorney
to prepare an ordinance prohibiting the sale of firearms for the
duration of the IS day waiting periOd, continued from september
12, 1989, was continued to the city council meeting of September
26, 1989, as a "5" Item, at Mayor Pro Tempore Finkel's request.
14-D: CITY ATTORNEY WAGE ADJUSTMENT AND PERFORMANCE PAYMENT:
Presented was the request of Mayor Zane to approve wage
adjustment and performance payment for City Attorney pursuant to
Section l(C) of Contract No. 5276(CCS), continued from September
12, 1989. Mayor Zane moved to approve that, effective July 1,
1989, the salary of the City Attorney shall be increased by 5.1%
representing a C.P.I. adjustment, and that the city shall pay to
the City Attorney a performance payment of 8.9% of his annual
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326
base salary. Second by Councilmember Jennings. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
Negative: Councilmember Reed
Absent: councilmember Katz
14-E: WAGE ADJUSTMENT FOR THE CITY MANAGER: Presented was the
request of Mayor Zane to approve a wage adjustment for city
Manager pursuant to section l(C) of Contract No. 5275(CCS),
continued from September 12, 1989. Mayor Zane moved to approve
that, effective that July 1, 1989, the salary of the city Manager
shall be increased by 21.5%, representing a 5.1% C.P.I. increase,
and a 16.4% market adjustment. Second by Councilmember Jennings.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmember Katz
14-F: RESOLUTION AMENDING SALARY BENEFITS FOR THE CITY CLERK:
Presented was the request of Mayor Zane to adopt a resolution
amending the salary and benefits for the position of City Clerk,
continued from September 12, 1989. Councilmerober Reed moved to
adopt Resolution No. 7910 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SALARY AND
BENEFITS FOR THE POSITION OF THE CITY CLERK," reading by title
only and waiving further reading thereof, thereby providing a
salary adjustment for the city Clerk of 9%, reflecting a 5.1%
C.P.I. adjustment, and a 3.9% market adjustment, providing a 5%
performance payment, and also providing all the benefits of the
Executive Pay Plan. Second by Councilmember Jennings. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmember Katz
15. PUBLIC INPUT:
address Council.
There no members of the public wishing to
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327
ADJOURNMENT: At 12:24 a.m., Councilmember Reed moved to adjourn
the City council meeting to 7:30 A.M., Friday, September 22,
1989, for the purpose of continuing the Closed Session for the
negotiations outlined by the City Attorney earlier in the meeting
under Item 11-C, and to adjourn the meeting in memory of David
Lutz and Charles Linderman. Second by Councilmember Abdo. The
motion was unanimously approved, Councilmember Katz absent.
ATTEST:
APPROVED:
A~
Clarice E. Joh sen
City Clerk
p.....
71~
Dennis Zane
Mayor
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September 19, 1989