M-7/11/1989
241
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 11, 1989
A meeting of the Santa Monica City council was called to order by
Mayor Zane at 6:10 p.m., on Tuesday July 11, 1989, in the council
Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
(arrived at 7:46 p.m.)
councilmember William H. Jennings
Councilmember Herbert Katz
(arrived during Closed Session)
Councilmember Christine E. Reed
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
city Clerk Clarice E. Johnsen
CLOSED SESSION: Presented was a request for Closed Session for
the purpose of considering personnel matters and threatened
litigation, pending litigation, and litigation to be commenced by
the City. At 6:10 p.m., Council adjourned to Closed Session. At
7: 35 p.m., Council reconvened. Mayor Zane announced that no
action had been taken in Closed Session.
Councilmember Katz led the assemblage in the Pledge of Allegiance
to the Flag of the United States of America.
4-A: CITY LIVABILITY AWARD: Mayor Zane
Annual City Livability Award to Paul Leaf,
Arts Commission, in recognition of the
leadership in the Arts and Culture.
Councilmember Jennings moved to add Item 13-E to the City Council
agenda. This action was necessary because the item was
incorrectly agendized. Second by Councilmember Katz. The motion
was approved, Councilmernber Genser absent.
presented the lOth
Chairperson of the
City's outstanding
Councilmember Abdo moved to continue Item 14-C to the
regular Council meeting. Second by Councilmember Katz.
motion was approved, Councilmember Genser absent.
next
The
6. CONSENT CALENDAR: The Consent Calendar was presented whereby
all items are considered and approved in one motion unless
removed from the calendar for discussion. Mayor Pro Tempore
Finkel moved to approve the Consent Calendar with the exception
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242
of Items 6-E and 6-J. Second by Councilmember Katz. The motion
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel,
Jennings, Katz, Reed, Mayor Zane
Absent: Councilmember Genser
6-A: MINUTES APPROVAL: The City Council minutes of June 13,
1989, were approved as presented
6-B: HANDICAPPED PARKING ZONE/210 22ND STREET: Resolution No.
7836 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE
PHYSICALLY HANDICAPPED ADJACENT TO 210 22ND STREET, II was adopted.
6-C: HANDICAPPED PARKING ZONE/1137 3RD STREET: Resolution No.
7837 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE
PHYSICALLY HANDICAPPED ADJACENT TO 1137 3RD STREET," was adopted.
6-D: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7838 (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-89-144j145) ," thereby setting a public hearing on August 8,
1989, on the assessment of costs to repair damaged sidewalks,
driveways and curbs, was adopted.
6-F: FINAL MAP 46215/TENANT-PARTICIPATING CONVERSION/1517
HARVARD STREET: Resolution No. 7840 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
46215, II thereby approving Final Map 46215 for a 9-unit
tenant-participating conversion project at 1517 Harvard street,
was adopted.
6-G: FINAL TRACT MAP 30324/CONDOMINIUM PROJECT/907 LINCOLN
BLVD.: Resolution No. 7841 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR PARCEL NO. 30324,1t thereby approving
Final Tract Map 30324 for a 6-unit condominium project at 907
Lincoln Boulevard, was adopted.
6-H: FINAL MAP 20416/TENANT PARTICIPATING CONVERSION/943 17TH
STREET: Resolution No. 7842(CCS) entitled: uA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 20416, II thereby approving
Final Map 20416 for 4-unit tenant-participating conversion 943
17th Street, was adopted.
6-1: FINAL TRACT MAP 46393/CONDOMINIUM PROJECT/928 19TH STREET:
Resolution No. 7843 (CCS) entitled: "A RESOLUTION OF THE CITY
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243
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 46393," thereby approving
Final Tract Map 46393 for a 6-unit condominium project at 928
19th street, was adopted.
6-K: WIRING AND LIGHTING IMPROVEMENTS/TRANSPORTATION DEPARTMENT
FACILITY: A recommendation to award Contract No. 5388(CCS) to
Electrical Systems Engineering Company, as the lowest and best
bidder, in the amount of $99,600 for emergency generator rewiring
and stairwell lighting improvements at the Transportation
Department facility; and authorize the city Engineer to issue any
change orders necessary to complete additional work to the extent
of funds available in accordance with the Administrative
Instruction on Change Orders, was approved.
6-L: WATER TREATMENT PLANT EXPANSION: A recommendation to
authorize the city Manager to execute an amendment to Contract
No. 4849(CCS) with Kennedy/Jenks/Chilton in the amount of
$106,000 to include additional engineering work on the water
treatment plant expansion was approved.
6-M: ALTERNATE PARADE ROUTE/INTERNATIONAL SOCIETY FOR KRISHNA
CONSCIOUSNESS: Resolution No. 7845(CCS) entitled: UA RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
HOLDING OF A PARADE ON AUGUST 6, 1989, ON A ROUTE OTHER THAN THE
OFFICIAL CITY PARADE ROUTE, "thereby approving an alternate parade
route request from the International society for Krishna
Consciousness on Sunday, August 6, 1989, was adopted.
END OF CONSENT CALENDAR
At 7:46 p.m., Councilmember Genser entered the meeting.
6-E: FINAL MAP 45847/TENANT PARTICIPATING CONVERSION/1544
STANFORD STREET: Presented was a staff report transmitting a
resolution approving approving a Final Map for
Tenant-participating Conversion TPC-061 at 1544 Stanford Street.
Member of the public Joy Fullltler spoke in opposition to the
proposed resolution. Councilmember Reed moved to approve the
staff recommendation, and adopt Resolution No. 7839 (CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT
NO~ 45847," 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: Unanimously approved 7-0
6-J: STATE LEGISLATION TO PROTECT OZONE LAYER: Presented was a
staff report transmitting a resolution in support of actions to
protect the earth's ozone layer (AB17l8). Member of the public
Joy Fullmer addressed Council in support of the proposed
legislation. Councilmember Reed moved to approve the staff
recommendation and adopt Resolution No. 7844 (CCS) entitled: "A
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244
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN
SUPPORT OF ASSEMBLY BILL 1718," reading by title only and waiving
further reading thereof. Second by counci1member Katz. The
motion was unanimously approved.
7-A: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff
report and a public hearing on the assessment of costs to repair
damaged sidewalks, driveways and curbs (SR-B9-140/141). At 7:55
p.m., Mayor Zane opened the public hearing. There being no one
wishing to speak, Mayor Zane declared the public hearing closed.
Counci1member Reed moved to approve the staff recommendation,
thereby aCknowledging any protests and adopting Resolution No.
7846 (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-B9-l40-141)," reading by title only and waiving further
reading thereof, with the amendment that the assessment for for
driveway and curb repair at 2818 3rd Street be deleted. Second
Counci1member Abdo. The motion was approved by the following
vote:
council vote: Unanimously approved 7-0
8-A: SEISMIC EVALUATION REPORT/PRE-1933 UNREINFORCED MASONRY
STRUCTURES: Presented was a staff report transmitting an
ordinance for introduction and first reading adding Section 8111
to the Santa Monica Municipal Code to adopt a seismic evaluation
report for pre-1933 unrein forced masonry structures. Mayor Pro
Tempore Finkel excused himself from Council discussion and vote
on this matter due to a possible conflict of interest and left
the dais. Council asked questions of staff. At 9:05 p.m., Mayor
Zane opened the public hearing. Allen Zahner, Robert Sariti,
Wi1bank Roche, Dr. Robert Kovach, Karl Schober, Dolores Press,
CoCo Reynolds, Ed Villanueva, and Ben Hamilton spoke in
opposition to the staff recommendation. William Brantley
expressed his concerns regarding the possible loss of important
buildings in the community due the adoption of this ordinance.
Joy Fullmer spoke in support of the proposed ordinance. At 9:50
p.m., there being no else wishing to speak, Mayor Zane declared
the public hearing closed, and Council adj ourned for a short
recess. Council reconvened at 10:07 p.m., with all members
present.
Councilmember Katz moved to introduce for first reading, the
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 8111 TO THE SANTA MONICA
MUNICIPAL CODE TO ADOPT A SEISMIC EVALUATION REPORT FOR PRE-1933
UNREINFORCED MASONRY STRUCTURES, " and approve the staff
recommendation with Section 8111 amended as follows: "Seismic
Evaluation Report. On or before January 25, 1990, each owner of
a pre-1933 unreinforced masonry structure which has had recorded
against the structure a "Notice of Substandard Building" shall
file with the Building and Safety Division a "Seismic Evaluation
Report for Pre-1933 URM Structure" on form provided by the
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245
Building and Safety Division. Such Seismic Evaluation Reports
shall be completed by a California licensed structural engineer
whose license is active. II Second by Councilmember Jennings.
Discussion was held. The motion was approved by the following
vote:
council vote: Affirmative: Councilmembers Abdo, Ganser,
Jennings, Katz, Reed, Mayor Zane
Absent: Mayor pro Tempore Finkel
councilmember Genser moved to approve the staff recommendation to
direct the City Manager to enter into a contract with a
consultant for the development of an Environmental Impact Report
on the proposed seismic safety mitigation program. Second by
Councilmember Katz. Councilmember Katz moved to amend the motion
to provide that the Environmental Impact Report shall include
consideration of all seismic safety mitigation possibilities,
from zero, to the maximum, which would be the current building
code, with a detailed analysis on the economics. The amendment
was accepted as friendly. The motion, as amended, was approved
by the following vote:
Council vote: Affirmative: councilmembers Abdo, Genser,
Jennings, Katz, Reed Mayor Zane
Absent: Mayor Pro Tempore Finkel.
Mayor Pro Tempore Finkel returned to the dais at 10:45 p.m.
8-B: WATER CONSERVATION ORDINANCE: Presented was a staff report
transmitting an ordinance for introduction and first reading
amending Chapter 2A of Article VII of the Santa Monica Municipal
Code to make permanent existing emergency water conservation
measures. councilmember Reed moved to continue this Item to the
Council meeting of July 25, 1989. Second by Mayor Zane. The
motion was unanimously approved.
8-C: TRANSIENT OCCUPANCY TAX INCREASE: Presented was a staff
report transmitting an ordinance for adoption and second reading
amending Santa Monica Municipal Code Section 6601A to increase
the transient occupancy tax, introduced June 27, 1989. Mayor Pro
Tempore Finkel moved to approve the staff recommendation and
adopt Ordinance No. 1487 (CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 660lA TO INCREASE THE TRANSIENT OCCUPANCY TAX EFFECTIVE
ON OCTOBER 1, 1989," reading by title only and waiving further
reading thereof. Second by Councilmember Reed. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Reed, Mayor Zane
Negative: Councilmember Katz
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Councilmember Katz requested the record reflect that his reasons
for voting Ilno" are the same as those he expressed when the
ordinance was introduced for first reading.
9-A: MEMORANDUM OF UNDERSTANDING/SANTA MONICA POLICE OFFICERIS
ASSOCIATION: A recommendation to adopt a resolution approving a
Memorandum of Understanding with the Santa Monica Police
Officers' Association was withdrawn at the request of staff.
ll-A: REORGANIZATION OF ARTS COMMISSION AND ARTS FOUNDATION:
Presented was a staff report recommending the reorganization of
the Arts Commission and Arts Foundation. Council asked questions
of staff. Paul Leaf, Chairperson of the Arts Commission, spoke
in support of the staff recommendation. Member of the public Joy
Fullmer expressed her concerns regarding the proposed changes.
Mayor Zane moved to extend the meeting to 12:00 a.m. Second by
Councilmember Katz. The motion was unanimously approved.
Mayor Pro Tempore Finkel moved to approve the staff
recommendation, thereby directing the City Attorney to revise the
ordinances and resolutions pertaining to the establishment of
appointees as voting members of both the Arts Commission and the
Arts Foundation. Second by Councilmember Katz. The motion was
approved by the following vote:
council vote: Unanimously approved 7-0
ll-B: CLOSED SESSION: Held later in the meeting.
l2-A: PLANNING APPEAL/2900 WILSHIRE BLVD./1217 YALE STREET: The
appeal of Planning commission denial of CUP 512, DR446, ZA5345-Y,
EIA872 located at 2900 Wilshire and 1217 Yale street, Appellant:
Zealund corporation, was continued at the request of the
appellant.
13-A: PRIVATE SOLID-WASTE DISPOSAL SERVICE/RESIDENTIALLY ZONED
LOCATIONS: Presented was the request of John F. Wolcott to
address Council regarding allowing private solid-waste disposal
companies to service residentially zoned locations (R-4 zones).
Mr. Wolcott addressed Council. Discussion was held. Council
took no action on Mr. Wolcott's request.
l3-B: SIDEYARD SETBACK/501 11TH STREET: The request of Chris
Westphal to address Council regarding waiving the 5' sideyard
setback for construction of a second story at 501 11th street was
withdrawn at the request of Mr. Westphal.
13-C: DOMESTIC PARTNER BENEFITS: The request of Jeff Mudrick on
behalf of the Municipal Employees Association (MEA), the Employee
Action committee (EAC), the Legal Suport Staff Association of
Santa Monica, (LSSASM) and the Society of Public Attorneys of
Santa Monica (SPASM), to address Council regarding Domestic
Partner Benefits was withdrawn at the request of Mr. Mudrick.
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13-D: IRA J. SARVIAN/1043 11TH STREET: Presented was the
request of Ira J. Sarvian to address council regarding property
at 1043 11th street. Mr. sarvian addressed Council in support of
a hardship exemption to the current development moratorium for
his property. Mayor Pro Tempore Finkel moved to direct staff to
do one of two things: the first, examine, in the context of Mr.
Sarvian's situation, and any others that staff may be aware of,
the prospect of a hardship provision that would be brought back
to council for consideration as an addendum or supplement to the
existing moratorium; or alternatively, if staff does not feel
that a general hardship provision would be appropriate, to return
to council with a recommendation regarding Council's legal right
to take action during the moratorium in order to provide relief
from the effects of the moratorium for this particular person.
Second by councilmember Katz. At the City Attorney's direction,
Mayor Pro Tempore Finkel amended his motion to delete the second
option for staff action. Discussion was held. The motion failed
by the following vote:
council vote: Affirmative: councilmembers Finkel, Katz, and
Reed
Negative: Councilmembers Abdo, Ganser,
Jennings, Mayor Zane
No further action was taken on Mr. Sarvian's request.
13-E: TED HAYES/SOLUTION TO HOMELESS PROBLEM:Councilmember Katz
moved to consolidate Items 13-E, and 14-B into one item. Second
by Councilmember Reed. The motion was unanimously approved.
14-B: RELOCATION OF HOMELESS TO CITY HALL: Councilmember
Jennings initiated Council discussion regarding his proposal to
relocate the homeless in Santa Monica to City Hall. Ted Hayes
addressed Council in support of Councilmember Jennings's proposal
as part of a realistic solution to the homeless problem, by
providing a localized place for homeless people to establish a
base of operations for getting back on their feet. Councilmember
Jennings moved to hear from members of the pUblic wishing to
speak on this issue, for three minutes each. Second by
Councilmember Genser. The motion was unanimously approved.
Joseph Palazzolo, David Norfleet, Jack Clemens, Art Casillas, and
B. Hawkins, spoke in support to Councilmember Jennings proposal.
Councilmember Jennings moved to open up the city Hall lawn for
temporary housing for homeless persons within six months from
tonight (July ll, 1989) , and authorize the city Manager to
appoint an Advisory committee to advise him on matters such as;
the length of time that people should be allowed to stay in the
temporary housing; the selection criteria, if any; necessary
security measures; the program's internal governance, if any;
sanitary facilities to be provided; the range and kinds of
services to be provided to homeless persons; the kinds of shelter
to be considered; the cost of this program to the City and means
of financing: and ways to involve the business and church
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248
communities, and other resources in finding employment for these
people and in attempting to link up homeless people with people
who will, in essence, adopt them. Second by Councilmember Katz.
Discussion was held.
councilmember Finkel moved to amend the motion so that staff is
not directed to develop this program in a particular place, but
that staff be instructed to search for an appropriate site and a
suitable methodology for implementing the program.
Councilmember Genser moved to extend the meeting past 12:00 a.m.
Second by Mayor Pro Tempore Finkel. The motion was approved,
Councilmembers Katz and Reed opposed.
Discussion was held. During discussion, the amendment was
clarified to be direction to staff to search for an appropriate
site, make recommendations to Council regarding such place, and
to consider in their study all public facilities, including the
City Hall lawn as recommended by councilmember Jennings, in
addition to the other programmatic objectives, as stated by
Councilmember Jennings. Second by Councilmember Abdo. After
further discussion, Councilmember Jennings accepted councilmember
Finkel's amendment as friendly provided that the City Hall lawn
is included in the sites to be considered, and that the six month
time-frame for development of the program is maintained. The
motion, as amended was approved by the following vote:
Council vote: Unanimously approved 7-0
Councilmember Jennings moved to direct the city Manager, with the
possible assistance of the Advisory Committee, as proposed in the
previous motion, to open up discussions with other cities about
participating in a plan along the lines that were proposed in the
previous motion. Second by Mayor Pro Tempore Finkel. The motion
was unanimously approved.
Mayor Zane requested that the City Clerk place, on his behalf, a
"14" item on the agenda of the next Council meeting regarding the
hiring of consultants to organize the outreach and political work
related to this matter and to report to council on ways to affect
the larger political arena.
14-A: ZERO-NET SEWAGE GROWTH: Mayor Zane moved to continue his
request to discuss developing a program for zero-net sewage
growth, continued from June 20, 1989, to the next Council meeting
as a "5" item. Second by Councilmember Genser. The motion was
unanimously approved.
14-C: ANNUAL APPOINTMENTS TO BOARDS AND COMMISSIONS: The matter
of the annual appointments to boards and commission, continued
from June 27, 1989, was continued to the council meeting of July
25, 1989.
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249
Mayor Zane stated that Items 14-D, 14-E, and 14-F would be
considered together.
14-0: GABRIELE GOLDAPER/RESIGNATION FROM THE COMMISSION ON THE
STATUS OF WOMEN:
14-E: INESE LACEY/RESIGNATION FROM THE COMMISSION ON THE STATUS
OF WOMEN:
14-F: ETHEL GULLETTE/RESIGNATION FROM THE COMMISSION ON THE
STATUS OF WOMEN: Presented was the matter of the acceptance of
resignation of Gabriele Goldaper, Inese Lacey, and Ethel Gullette
from Commission on the status of Women and authorization to city
Clerk to post notice of vacancy. Mayor Zane moved to accept with
regret the resignations of Gabriele Goldaper, Inese Lacey, and
Ethel Gullette from the Commission on the status of Women, and to
authorize the City Clerk to post a notice of vacancy. Second by
Councilmember Genser. The motion was unanimously approved.
11-B: CLOSED SESSION: At 12: 45 a.m., Council adjourned to
Closed Session to consider the following pending litigation:
Hamil ton v. Ci ty of Santa Monica, santa Monica Superior Court
Case No. WEe 122 910. At 1:04 a.m., Council reconvened,
Councilmember Genser absent. Councilmember Reed moved to
approve a settlement in the case of Hamil ton v. Ci ty of Santa
Monica, in the amount of $22,500. Second by Mayor Pro Tempore
Finkel. The motion was unanimously approved. Councilmember
Genser was absent.
ADJOURNMENT: At 1:05 a.m., the meeting was adjourned in memory
of Florence McDonald.
ATTEST:
APPROVED:
p.... 'I Sa- ·
Dennis Zane
Mayor
9
July 11, 1989