M-8/22/1989
281
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 22, 1989
A regular meeting of the Santa Monica city Council was called to
order by Mayor Zane at 6:05 p.m., on Tuesday August 22, 1989, in
the Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
(arrived during Closed Session)
Councilmember Herbert Katz
Councilmember Christine E. Reed
(arrived during Closed Session)
Absent: Councilmember William H. Jennings
Also Present: city Manager John Jalili
city Attorney Robert M. Myers
city Clerk Clarice E. Johnsen
CLOSED SESSION: At 6:07 p.m., Council adjourned to Closed
session for the purpose of considering personnel matters and the
following litigation: Shell oil Company v. city of Santa Monica,
United states District Court Case No. CV 82-2362-RJK; Shell
California Pipeline company v. City of Santa Monica, LOS Angeles
superior Court Case No. C 714002; city of Santa Monica v. Shell
oil Co.; Shell Pipe Line corp., a Maryland Corp.; Shell
California Pipeline Company, a California Corp., Los Angeles
Superior Court Case No. C 714602; and the acquisition of real
property commonly known as the Bergamot parcel, located south of
Olympic between 26th and stewart Streets. The city's negotiators
are John Jalili, Hank Dittmar, and Linda Mills-coyne and they
were authorized to meet with Southern Pacific Transportation
Company's negotiators who are Doug Stephenson, Assistant General
Counsel and Linda Hill, Real Estate Sales Manager. At 7:44 p.m.,
council reconvened. No action was announced from Closed Session:
councilmember Genser led the assemblage in the Pledge of
Allegiance to the Flag of the United states of America.
REDEVELOPMENT AGENCY SPECIAL MEETING:
At 7:45 p.m., Chairperson Zane convened a special meeting of the
Redevelopment Agency.
Redevelopment Agency
Roll Call: Present:
Chairperson Dennis Zane
Chairperson Pro Tempore David B. Finkel
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August 22, 1989
282
Absent:
Agency Member Judy Abdo
Agency Member Ken Genser
Agency Member Herbert Katz
Agency Member Christine E. Reed
Agency Member William H. Jennings
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Clarice E. Johnsen
RA-I: MINUTES APPROVAL: Presented for approval were the
Redevelopment Agency Minutes of July 25, 1989. Agency Member
Reed moved to approve the minutes as presented. Second by Agency
Member Katz. The motion was unanimously approved, Agency Member
Jennings absent.
At 7:47 p.m., the special meeting of the Redevelopment Agency was
adjourned and the regular city council meeting was reconvened.
Councilmember Reed moved to amend the order of the agenda and
hear all I3-Items at this time. Second by Councilmember Genser.
The motion was unanimously approved, councilmember Jennings
absent.
I3-A: CHRISTOPHER HARDING/PRACTICE AND PLAYING SPACE FOR
AMERICAN YOUTH SOCCER ORGANIZATION: Presented was the request of
Christopher M. Harding to address Council regarding lack of
adequate practice and playing space for American Youth Soccer
Organization in Santa Monica, continued from August 8, 1989. Mr.
Harding waived his time to address council regarding this issue.
13-B: PENNY PERLMAN/PLAYING FIELDS IN CITY PARKS: Presented was
the request of Penny Perlman to address Council regarding the
state of the City Parks and shortfall of playing fields,
continued from August 8, 1989. Ms. Perlman expressed her
concerns regarding the lack of gym space and practice fields for
youth sports in Santa Monica, and requested that Council review
the City'S Open Space Plan and the allocation of of open space
resources.
13-C: MIKE BERKOFSKY/LIGHTING FOR PARK SPACE: Presented was the
request of Mike Berkofsky, Regional Commissioner of American
Youth Soccer Organization, to address Council regarding
insufficient and badly lit park space in the City, continued from
August 8, 1989. Mr. Berkofsky expressed his concerns regarding
poorly lit playing fields used by small children for sports
practice in the evenings. Mr. Berkofsky presented Mayor Zane
with a AYSO soccer ball, and urged council to support efforts to
allow youth sports to utilize the playing field at Santa Monica
College, and Santa Monica schools.
13-D: SUSAN WILSON/INADEQUATE SPACE AND GAME TIME IN CITY PARKS:
Presented was the request of Susan C. Wilson to address Council
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August 22, 1989
283
regarding inadequate space and game time in City parks, continued
from August 8, 1989. Ms. wilson expressed her concerns regarding
space for team sports in the Airport Development proj ect , the
lack of park space, and the lack of recreational facilities.
a member of the public
Second by Councilmember
approved, Councilmember
Joy Fullmer expressed her
playing fields for youth
Councilmember Katz moved to hear from
requesting to speak on this matter.
Reed. The motion was unanimously
Jennings absent. Member of the public
support for increased open space and
sports.
Councilmember Abdo moved to direct staff to assist in discussions
with Santa Monica College regarding utilizing their playing
fields for youth sports, and to refer the matter of developing
long range options to the Recreation and Parks commission.
Second by Mayor Pro Tempore Finkel. Discussion was held. The
motion was unanimously approved, Councilmember Jennings absent.
council further instructed concerned members of the publ ic to
speak before the College Board of Trustees at their next meeting.
l3-E: PETER BERKE/NORTH OF WILSHIRE RESIDENTS MORATORIUM TASK
FORCE: Presented was the request of Peter Berke to address
Council regarding the composition of the NOWR moratorium task
force, continued from August 8, 1989. Mr. Berke requested that
Council instruct the N.S.C. not to interfere until the North of
Wishire Residents has free elections for representatives to the
North of Wilshire Residents Moratorium Task Force, and instruct
the Planning Department to work with the North or Wilshire
Residents. Mayor Pro Tempore Finkel moved to hear from a member
of the public requesting to speak on this matter. Second by
Councilmember Genser. The motion was approved I councilmember
Jennings absent. Betty Bunnell spoke in support of the comments
expressed by Peter Berke. No Council action was taken on Mr.
Berke's request.
l3-F: JOHN JURENKA/INCREASE IN UTILITY AND MAINTENANCE FEES
PASSED ON TO TENANTS: Presented was the request of John Jurenka
to address Council regarding city Charter requiring the tenants
to pay the cost of increased utility fees and city maintenance
fees. Mr. Jurenka requested that council inforce a provision of
the City Charter that allows increases in utility fees to be
passed on to tenants. No Council action was taken on Mr.
Jurenka's request.
l3-G: DANIEL DOTY/WHEELCHAIR ACCESSI~LE FACILITIES FOR THE
HOMELESS: Presented was the request of Daniel Doty to address
Council regarding absence of facilities equipped to assist adult
males in wheelchairs who are homeless. Councilmember Genser
moved to hear from a member of the pUblic wishing to speak on
this matter after Mr. Doty. Second by Councilmember Reed. The
motion was unanimously approved, Councilmember Jennings absent.
Mr. Doty expressed his concerns regarding the lack of wheelchair
accessible homeless shelters, and suggested the development of an
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August 22, 1989
L:tl'l:
office that would provide vacant rent controlled units for the
homeless in exchange for maintenance, or clerical assistance or
whatever kind of assistance the prospective tenant is physically
capable of providing. Member of the public Gayle Knowlton
expressed her support for the concerns stated by Mr. Doty.
Discussion was held. Council directed Mr. Doty to contact
members of the Rent Control Board regarding the Inclusionary
Housing Program. Staff assured Council that the issue of
wheelchair accessibility for city funded homeless facilities
would be reviewed at the city Council meeting of September 12,
1989.
13-H: ARTHUR F. ESKELIN/REVOCABLE ENCROACHMENT PERMITS:
Presented was the request of Arthur F. Eskelin to address Council
regarding issuance of revocable encroachment permits. Mr.
Eskelin requested that Council take action to rectify abuses of
section 9040.8a of the Santa Monica Zoning ordinance, relating to
the heights of fences and walls, and to consider revoking all
encroachments. Mayor Pro Tempore Finkel moved to refer the
matter to staff for investigation. Second by Councilmember Katz.
The motion was unanimously approved, councilmember Jennings
absent.
13-I: CAROLYN BEHAR/PRODUCTION OF II ANNIE " AT BARNUM HALL:
Presented was the request of carolyn Behar to address Council
regarding production of "Annie" and stimulating community support
for restoring Barnum Hall. Ms. Behar, representing the Santa
Monica Civic Light Opera, invited the Mayor and Councilmembers to
be their guests at the performance of the musical IIAnnie," being
performed August 17, 18, 19, 20, 24, 25, and 26, at Barnum Hall,
on the Santa Monica High School campus. Ms. Behar further urged
Council to support the restoration of Barnum Hall for community
use. No council action was taken on Ms. Behar's request.
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
al items are considered and approved in one motion unless removed
from the calendar for discussion. Councilmember Reed moved to
approve the Consent Calendar with the exception of Items 6-E, and
6-F. Second by Councilmember Genser. The motion was approved by
the following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmerober Jennings
6-A: MINUTES APPROVAL: The City Council minutes of August 1,
and August 8, 1989, were approved as presented.
6-B: HEARING OFFICERS FOR EMPLOYEE DISCIPLINARY HEARINGS:
Ordinance No. 1491 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 2106I TO THE
SANTA MONICA MUNICIPAL CODE IMPLEMENTING THE USE OF A HEARING
OFFICER IN EMPLOYEE DISCIPLINARY HEARINGS," was adopted.
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August 22, 1989
L!j:J
6-C: TAX-INCREMENT FUNDS FOR AFFORDABLE HOUSING: Resolution No.
7877(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA APPROVING THE PROVISION OF LOW AND MODERATE
INCOME REPLACEMENT HOUSING AND FINDING THAT EXPENDITURE FOR SUCH
HOUSING WILL BE OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT
PROJECT l(a);" and Resolution No. 7878(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE PROVISION OF LOW AND MODERATE INCOME REPLACEMENT
HOUSING AND FINDING THAT EXPENDITURE FOR SUCH HOUSING WILL BE OF
BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT 1 (b) ," thereby
amending Resolutions Number 7848 (CCS) and 7849(CCS) to be
consistent with resolutions adopted by the Redevelopment Agency
on July 25, 1989, finding the allocation of tax-increment funds
for affordable housing activities to be of benefit to the city's
three redevelopment project areas, were adopted.
6-D: BIKE LANES ON 14TH STREET BETWEEN PICO BOULEVARD AND
WASHINGTON AVENUE: A resolution authorizing City Manager to
apply for $27,175 of SCAG pedestrian and bicycle facility funds
for the installation of bike lanes on 14th street between pico
Boulevard and washington Avenue and make necessary account
adjustments was withdrawn at the request of staff.
6-G: FINAL TRACT MAP 46149/CONDOMINIUM PROJECT/219 BAY STREET:
Resolution No. 7880 (CCS) entitled: nA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 20502, II thereby approving
Final Tract Map No. 20502 for a 4-unit condominium project at 219
Bay street, was adopted.
6-H: FINAL TRACT MAP 46149/CONDOMINIUM PROJECT/1420 PRINCETON
STREET: Resolution No. 7881(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 46149, n approving Final
Tract Map No. 46149 for a 5-unit condominium project at 1420
Princeton, was adopted.
6-I: FINAL MAP 46208/TENANT-PARTICIPATING CONVERSION/2621-2625
SIXTH STREET: Resolution No. 78S2(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46208/" thereby
approving Final Map 46208 for a lO-unit tenant-participating
conversion project at 2621-2625 sixth Street, was adopted.
6-J: FINAL MAP 46229/TENANT-PARTICIPATING CONVERSION/3l07 THIRD
STREET: Resolution No. 7883(CCS) entitled: itA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 46229/ If thereby approving
Final Map 46229 for a 6-unit tenant-participating conversion
project at 3107 Third Street, was adopted.
6-K: FINAL MAP 46646/TENANT-PARTICIPATING CONVERSION/5l5-521 SAN
VICENTE: Resolution No. 7884 (CCS) entitled: !fA RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
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August 22, 1989
286
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46646, n thereby
approving Final Map 46646 for a 17-unit tenant-participating
conversion project at 515-521 San vicente Boulevard, was adopted.
6-L: PACIFIC SHORE ASSOCIATES/LENDER FINANCING REQUIREMENT: A
recommendation to authorize City Manager to execute Addendum No.
5 to the Lease Agreement with Pacific Shore Associates Limited
Partnership to accommodate lender financing requirement, thereby
amending Contract No. 1740(CCS), was approved.
6-M: STATEMENT OF OFFICIAL ACTION/RETAIL/COMMERCIAL
DEVELOPMENT/2233 PICO BOULEVARD: A recommendation to certify the
Statement of Official Action upholding Planning commission's
denial of DR 432, CUP 500 and 501, ZA 5304-Y, VAR 89-008 and EIR
850 for a two story/30 I, 76,074 square foot Retail/Commercial
Development at 2233 pico Boulevard, pursuant to council action on
July 25, 1989, was approved.
6-N: STATE SENATE BILL 140/STATE-LOCAL TRANSPORTATION
DEMONSTRATION PROGRAM FUNDS: Resolution No. 7885(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE APPROVAL OF THE SENATE BILL 140 APPLICATION, II
thereby approving the application submitted for State Senate Bill
140 State-Local Transportation Demonstration Program Funds, was
adopted.
6-0: FINAL MAP 46689/TENANT-PARTICIPATING CONVERSION/608-610
STRAND AVENUE: Resolution No. 7886(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46689," thereby
adopting Final Map 46689 for a l3-unit tenant-participating
conversion project at 608-610 Strand Ave, was adopted.
6-P: ALTERNATE PARADE ROUTE/GRAND OPENING OF THIRD STREET
PROMENADE: Resolution No. 7887(CCS) entitled: itA RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
HOLDING OF A PARADE ON SEPTEMBER 16, 1989, ON A ROUTE OTHER THAN
THE OFFICIAL CITY PARADE ROUTE," thereby approving request of the
Bayside District for an alternate parade route for the Grand
Opening of the Third Street Promenade.
6-Q: SEARCH BUILDERS/TIE BACKS UNDER PARKING STRUCTURE NO.1: A
recommendation to authorize the City Manager to execute Contract
No. 5423 (CCS) , a license agreement with Search Builders allowing
the placement of tieback devices/vertical beams under City
property upon payment of negotiated fees and completion of all
other conditions of the license apreement; increase the budget in
Revenue Account No. 77-926-260-000-000 by $125,025; and to
continue the Parking Authority action on this item to September
5, 1989, was approved.
END OF CONSENT CALENDAR
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August 22, 1989
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6-E: COMMERCIAL RELOCATION GUIDELINES: Presented was a
Resolution approving commercial relocation guidelines for
entities being displaced by the acquisition of real property.
Member of the public Joy Fullmer expressed her concerns regarding
the proposed resolution. The City Attorney recommended that the
item be continued to the next council meeting. Councilmernber
Genser moved moved to continue this item to the council meeting
of september 5, 1989. Second by Councilmember Reed. The motion
was unanimously approved, Councilmember Jennings absent.
6-F: FINAL PARCEL MAP 19937/CONDOMINIUM PROJECT/2824 ARIZONA
AVENUE: Presented was a resolution approving Final Parcel Map
19937 for 4-unit condominium project at 2824 Arizona Avenue.
Member of the public Joy Fullmer expressed her concerns regarding
the conversion of rental units to condominiums. Councilrnember
Reed moved to adopt Resolution No. 7879(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
19937," reading by title only and waiving further reading
thereof. Second by Mayor Pro Tempore Finkel. The motion was
unanimously approved, Councilmember Jennings absent.
At 9:15 p.m., Council adjourned for a short recess.
p.m., the meeting was reconvened.
At 9: 30
8-A: SHELL CALIFORNIA PIPELINE COMPANY/FRANCHISE AGREEMENT:
Presented was a staff report transmitting an ordinance for
introduction and first reading granting a franchise to Shell
California Pipeline Company to operate, maintain, inspect,
remove, replace and abandon a pipeline and appurtenant facilities
in certain public streets of the City of Santa Monica, and
resolution finding categorical exemption and certifying the Final
Environmental Impact Report. Council asked questions of staff.
At 9:34 p.m., Mayor Zane declared the pUblic hearing opened. Joy
Fullmer expressed her concerns regarding the granting of the
franchise . Walter Schwartz spoke in support of the proposed
franchise agreement. At 9:36 p.m., there being no one else
wishing to speak, Mayor Zane declared the public hearing closed.
Councilmember Reed moved to adopt Resolution No. 7888(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA FINDING CATEGORICAL EXEMPTION AND CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED EASEMENT FRANCHISE
RENEWAL OF THE SHELL OIL COMPANY VENTURA-WILMINGTON CRUDE OIL
PIPELINE," reading by title only and waiving further reading
thereof, thereby certifying the Environmental Impact Report.
Second by Councilmember Katz. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
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288
Mayor Pro Tempore Finkel moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
GRANTING A FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY TO
OPERATE, MAINTAIN, INSPECT, REPAIR, REMOVE, REPLACE AND ABANDON A
PIPELINE AND APPURTENANT FACILITIES IN CERTAIN PUBLIC STREETS OF
THE CITY OF SANTA MONICA, II reading by title only and waiving
further reading thereof, and thereby approving a new franchise
agreement with Shell California Pipeline Company. Second by
Councilmember Genser. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Ganser,
Katz, Reed, Mayor Zane
Absent: councilmember Jennings
8-B: RESIDENTIAL PLUMBING FIXTURE REBATE AND SURCHARGE PROGRAM:
Presented was a staff report transmitting an ordinance for
introduction and first reading adding section 7200A to the Santa
Monica Municipal Code establishing a residential plumbing fixture
rebate and surcharge program. Council asked questions of staff.
At 9:45 p.m., Mayor Zane opened the public hearing. John
Jurenka, Joy Fullmer, Donna Alvarez, Elaine Dobrin, Chester
Hoover, Fred Fitzgerald, Archie Arzooyan, and Walter Schwartz
spoke in opposition to the proposed ordinance and in favor of
allowing the cost of the plumbing retrofit program to be passed
on to tenants. At 10:05 p.m., there being no one else wishing to
speak, Mayor Zane declared the public hearing closed. Discussion
was held. Councilmember Reed moved to introduce the ordinance
entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 7200A TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH A RESIDENTIAL PLUMBING FIXTURE REBATE AND SURCHARGE
PROGRAM," reading by title only and waiving further reading
thereof, with respect to the Residential Plumbing Fixture Rebate
program, and to excise the language in the ordinance with regard
to the surcharge program, and to hold that in abeyance until some
later consideration. Second by Councilmember Katz. The City
Attorney indicated for the record that the changes would be as
follows: The words, "AND SURCHARGE, 11 would be deleted from the
title of the ordinance and Municipal Code Section.
Subdivision (b) would be deleted in its intirety. Subdivision (c)
would become Subdivision (b) . The words, "or relieved of the
obligation to pay a surcharge, II and the words, "reimpose the
surcharge, or do both," would be eliminated from the new
SUbdivision(b). The motion to introduce the ordinance as amended
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Ganser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
Mayor Pro Tempore Finkel moved to instruct staff to return to
Council with proposals, with respect to all issues which bear
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August 22, 1989
289
upon the implementat~on of Subdivision (b) of the proposed
ordinance, on an evenl.ng subsequent to the hOlding of a study
session regarding the implementation of a surcharge 1 and the
costs involved, and to invite members of the Rent Control Board
to attend the study session. Second by Councilmember Reed. The
motion was approved by the following vote:
Absent: Councilmember Jennings
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz 1 Reed, Mayor Zane
Councilmember Reed moved to postpone Council's consideration of
Items 9-A, and 9-B, until the end of the agenda. Second by
Councilmember Katz. The motion was unanimously approved,
Councilmember Jennings absent.
II-A: INITIATIVE ESTABLISHING A BEACH OVERLAY DISTRICT:
Presented was a report of the City Clerk on the certification
from the county Registrar-Recorder of an initiative establishing
a Beach Overlay District. The City Clerk reported that the
petition contained valid signatures in excess of 10%, but less
that 15%, of the registered voters in the city of Santa Monica as
verified by the County Registrar-Recorder. council asked
questions of staff. Councilmember Katz moved to continue this
matter for 30 days to allow staff to return to council with a
report on the cost of holding an election, and the fiscal impacts
of both initiatives that have been submitted to the City Clerk.
Second by Councilmember Reed. Discussion was held. During
discussion, the motion was amended to include an analysis of the
internal consistency of both measures with the city's current
Housing Element, Zoning Code, and General Plan. Councilmember
Genser moved a substitute motion to limit staff's analysis to
only the various economic effects of the different options in
scheduling the election or elections. Second by Mayor Pro
Tempore Finkel. Mayor Zane moved to continue Council's
consideration of this item to later in the meeting (after Item
12-B) so that staff may present Council with some broad
categories of examination that staff is confident can be
accomplished in the 30 day period provided for in the state
Elections Code. Second by Councilmember Abdo. Discussion was
held. The motion to continue this item to later in the meeting
was approved by the following vote:
Absent: Councilmember Jennings
Council vote: Affirmative: Councilmembers Abdo, Finkel 1 Genser,
Reed, Mayor Zane
Negative: Councilmember Katz
ll-B: LOAN AGREEMENT WITH L.A. COUNTY TRANSPORTATION
COMMISSION/PURCHASE AGREEMENT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY/BERGAMOT PROPERTY: Presented was a staff
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290
report transmitting a recommendation to authorize city Manager to
execute a loan agreement wi th the Los Angeles County
Transportation Commission and to execute a purchase agreement
with the Southern Pacific Transportation Company for the Bergamot
property; a 9.5 acre parcel located along the south side of the
railroad right-of-way north of Michigan Avenue, between 26th
street and Stewart Avenue, to be used as a rail car storage and
light maintenance yard. Members of the public Ed Folse, Peter
Zimmerman, Donna Alvarez, Bob Gutierrez, Paul Rosenstein, and
David G. Cameron spoke in support of the acquisition of this
property. Joy Fullmer expressed her concerns regarding
underground toxic materials. Councilmember Reed moved to
approve the staff recommendations, thereby authorizing the city
Manager to execute the Purchase Agreement with the Southern
Pacific Transportation Company for the acquisition of the
Bergamot property for the amount of $17,250,000, contingent upon
receipt of a loan in the amount of $6,900,000 from the Los
Angeles County Transportation Commission; authorizing the city
Manager to execute a Loan Agreement with the Los Angeles County
Transportation Commission for the amount of $6,900,000 to assist
in the purchase of the Bergamot property from the Southern
Pacific Transportation Company; approving the revenue and
expenditure budget adjustments as set forth in the staff report~
authorizing the City Manager to take whatever additional actions
as may be required to accomplish the purchase and loan; and
appropriating an additional $140,000 of Santa Monica Rail Reserve
Funds for the purpose of soils investigation and offsetting the
closing costs that may be encountered in the next 30 days.
Second by Councilmember Katz. The motion was approved by the
following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: councilmember Jennings
11-C: PARKING DEMAND STUDY/SENIOR HOUSING PROJECT/1116-46 FOURTH
STREET: The matter of a report on the results of a parking
demand study for the proposed senior housing project on Parking
Lot 4 at 1116-46 Fourth Street and recommendation to proceed with
proposed proj ect, was continued to the meeting of september 5,
1989.
11-0: INDUSTRIAL WASTEWATER CONTROL PROGRAM: A recommendation
to approve an expanded Industrial Wastewater Control Program,
make budgetary amendments, and adopt a resolution estab1 ishing
industrial wastewater control fees, was continued to the meeting
of September 5, 1989.
Councilmember Genser moved to extend the meeting past 11:00 p.m.
Second by Counci1member Abdo. The motion was unanimously
approved, Councilmember Jennings absent.
11-E: CLOSED SESSION: Not held.
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291
12-A: PLANNING COMMISSION APPEAL/1413 5TH STREET: Presented was
staff report transmitting an appeal of the planning Commission
denial of Conditional Use Permit 534 and Variance ZA 5395-Y to
allow the operation of an 180 seat restaurant and issuance of
General Alcohol License to allow on-site consumption at 1413 5th
street. Applicant/Appellant: Pacific Court Holdings. Council
asked questions of staff. Council asked questions of staff. Don
Wheeler spoke on behalf of the applicant/appellant in support of
the appeal. Members of the public Martin Sosin, Don Franzen,
John Sedlar, Sidney Sharp, Greg Spiess, and Geraldine Spira spoke
in support of the appeal. Discussion was held. councilmember
Katz moved to remand this matter to the Planning commission until
the applicant is able to secure a lease for the additional 19
parking spaces, and direct the Planning Commission to review the
conditions set forth by staff to allow the restaurant to operate
at night, as well as during the day. Second by Counci1member
Genser. Discussion was held. Councilmember Reed moved a
substitute motion to uphold the appeal and direct staff to issue
the conditional use permit, the variance, and the alcohol
license, and to further direct that staff craft the conditions
necessary for Council's approval on the Consent Calendar. Such
conditions shall be the demonstration of adequate parking to
support the intended number of seats prior to the granting of the
Certificate of Occupancy, or whatever mechanism staff feels can
be administratively issued to tie the condition of additional
parking to the restaurant's ability to proceed. Second by Mayor
Pro Tempore Finkel. The substitute motion was approved by the
following vote:
Council vote: Aff irmati ve: Councilmembers Abdo, Finkel, Katz,
Reed, Mayor Zane
Negative: Councilmember Genser
Absent: Councilmember Jennings
12-B: PLANNING COMMISSION APPEAL/HOTEL DEVELOPMENT/1746 OCEAN
AVENUE: Presented was an appeal of the Planning commission
approval of Development Review 425, Variance 89-006, EIA 868,
1746 Ocean Avenue, six story, 138,369 square-foot Hotel with 221
parking spaces provided in a three-level subterranean garage.
Resolution certifying the Final Environmental Impact Report.
Applicant: Maguire Thomas Partners. Appellant: Sharon Gilpin
and Laurel Roennau. Councilmember Genser stepped down from the
dais during Council consideration of this item due to a possible
conflict of interest. Appellants Sharon Gilpin, Michael Lesley,
and Laurel Roennau spoke in support of the appeal, and in
opposition to the project. Dan Kingsley spoke on behalf of the
applicant r in opposition to the appeal, and in support of the
project. Members of the pUblic Emily Silcock, Darsie Anderson,
curtis Sams, David Lewis, Estelle Seiger, Bob Gabriel, and
Rosalie sherwood spoke in opposition to the appeal, and in
support of the project. Stephanie Barbanell, Sally Reinman, John
Bodin, Eric Chen, Russ Shaver, Oonald Lewin Nelson, and Michael
11
August 22, 1989
292
Brourman spoke in support of the appeal and expressed concerns
regarding the quality of the Environmental Impact Report.
Councilmember Katz moved to hear from a member of the pUblic who
submitted a late request to speak on this item. Second by Mayor
Pro Tempore Finkel. The motion was approved, Councilmember
Jennings absent. Member of the public Jack Baptista expressed
his concerns regarding the quality of the EIR, and spoke in
opposition to the project. Dan Kingsley spoke on behalf of the
appl icant, in rebuttal to remarks made in opposi tion to the
project.
At 10: 15 p.m., Council adjourned for a short recess. At 10:25
p.m., Council reconvened.
Councilmember Reed moved to adopt Resolution No. 7890(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CERTIFYING THE FINAL ENVIRONMENTAL EMPACT REPORT ON THE
1733 OCEAN AVENUE OFFICE BUILDING AND THE 1746 OCEAN AVENUE
HOTEL," reading by title only and waiving further reading
thereof, and thereby certifying the environmental impact report.
Second by Councilmember Abdo. Discussion was held. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo,
Mayor Zane
Katz, Reed,
Negative: Mayor Pro Tempore Finkel
Absent: Councilmembers Genser, Jennings
councilmember Reed moved to deny the appeal, uphold the decision
of the Planning Commission, and adopt the conditions stipulated
by the Planning Commission. Second by Councilmember Katz. The
motion failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Katz, Reed
Negative: Councilmembers Finkel, Mayor Zane
Absent: councilmembers Genser, Jennings
Mayor Pro Tempore Finkel requested that the record reflect that
his IIno" vote is not predicated upon a value judgement that he
has made regarding the desirability or the merits of the hotel,
or the design, but rather based upon his inability to determine
what the environmental impact of the project is going to be, and
therefore he feels that he can not intelligently cast a
supportive vote.
The Planning Commission decision, on this project, stands.
II-A: INITIATIVE ESTABLISHING BEACH OVERLAY DISTRICT
(CONTINUED): Discussion was held. Councilmember Genser restated
his motion that staff's analysis be limited to only the fiscal
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August 22, 1989
293
elections,
The motion
The motion
issues related to the various scheduling options for
and nothing else, and to report back in thirty days.
was previously seconded by Mayor Pro Tempore Finkel.
failed by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Genser
Negative: Councilmembers Abdo, Katz, Reed,
Mayor Zane
Absent: Councilmember Jennings
Discussion was held. councilmember Reed I s original motion to
direct staff to perform a limited study failed by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Katz, Reed
Negative: Councilmembers Finkel, Genser, Mayor
Zane
Absent: Ceuncilmember Jennings
moved to set a date for a special
to consider these initiatives. Second
Discussion was held. Councilmember
Mayor Pro Tempore Finkel
election in June of 1990,
by Councilmember Genser.
Genser withdrew his second.
Councilmember Genser moved to direct staff to perform a 30 day
study to examine the fiscal impacts of various election dates,
and evaluate both initiatives with respect to the California
Coastal Act. Second by Mayor Pro Tempore Finkel. The motion
failed by the following vote:
council vote: Affirmative: Councilmembers Finkel, Genser, Mayor
Zane
Negative: councilmembers Abde, Katz, Reed
Absent: Councilmember Jennings
Councilmember Katz moved to continue this matter for 30 days to
allow staff to return to Council with a report on the cost of
holding a special election versus the cost of a regular election;
the revenue impacts of both initiatives that have been submitted
to the City Clerk; issues relating to City land use policies;
state of California Department of Parks and Recreation issues;
and Coastal Act issues. Second by Councilmember Reed. The
motion was approved by the following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel f Katz,
Reed, Mayor Zane
Negative: Councilmember Genser
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August 22, 1989
294
Absent: Councilmember Jennings
Councilmember Genser requested that the record reflect that his
negative vote is because he feels that it is inappropriate to put
City staff in the position of having to make subjective analyses
about matters that will go before the voters, and because he
thinks that the direction being given by the Council is of a
nature that will provide information that will slant the result
of the investigation towards one initiative over another.
14-A: VETERANS MEMORIAL MONUMENT: The request of Councilmember
Reed to discuss relocation of Veterans Memorial Monument,
continued from August 8, 1989, was continued to the meeting of
September 5, 1989.
14-B: SISTER CITY ASSOCIATION: The request of Mayor Zane to
discuss the sister city Association's relations to the City was
continued to the meeting of September 5, 1989.
14-C: HOMELESSNESS IN SANTA MONICA: The request of Mayor Zane
to discuss problems related to homelessness in Santa Monica was
continued to the meeting of September 5, 1989.
14-0: HOUSING ELEMENT REVISION: The request of Mayor Zane to
discuss proposals for inclusion in Housing Element Revision was
continued to the meeting of September 5, 1989.
14-E: UNITED NATIONS ENVIRONMENT PROGRAMME: The request of
Mayor Zane to discuss distribution of "Personal Action Guide for
the Earth" pamphlet from the United Nations Environment Programme
was continued to the meeting of September 5, 1989.
9-A: MEMORANDUM OF UNDERSTANDING/MUNICIPAL EMPLOYEES
ASSOCIATION: Presented was a recommendation to adopt a
resolution approving a Memorandum of Understanding with the
Municipal Employees Association (MEA). councilmember Katz moved
to approve the staff recommendation and adopt Resolution No.
7889 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION,II reading
by title only and waiving further reading thereof, thereby
authorizing the City Manager to execute Contract No. 5424(CCS).
Second by Councilmember Reed. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
9-B: EXECUTIVE PAY PLAN: The matter of a Resolution for
adoption revising the Executive Pay Plan was continued to the
meeting of September 5, 1989.
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August 22, 1989
295
ADJOURNMENT: councilmember Reed moved to adjourn this meeting to
August 23, at 6:00 p.m., soley for the purpose of any necessary
reconsideration of Item 11-Bi and to adjourn to Tuesday,
september 5, at 7:30 p.m., for the purpose of considering Items
6-E, 6-Q, 9-B, l1-C, 11-D, 14-A, 14-B, 14-C, 14-0, and 14-E.
Second by Councilmember Katz. The motion was unanimously
approved, Councilmember Jennings absent. At 2:35 a.m., the
meeting was adjourned.
ATTEST:
APPROVED:
~!~
City Clerk
D--- )~-
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Dennis Zane
Mayor
15
August 22, 1989