M-7/7/1992
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CIT~ OF SANTA MONICA
CITY COUNCIL MINUTES
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JULY' 7, 1992
An adjourned meeting of the Santa Monica City council was called
to order by Mayor Genser at 7:40 P.M. on Tuesday, July 7, 1992,
in the Council Chambers.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tempore Judy Abdo
Councilmember Robert T. Holbrook
Councilmember Herbert Katz
Councilmember Kelly Olsen
(present at 7:47 P.M.)
Councilmember Antonio vazquez
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Dykhouse
Councilmember Zane led the assemblage in the Pledge of Allegiance
to the Flag of the United states of America.
INSPIRATION: Councilmember Zane provided a moment of inspiration I
by presenting an award to the City from the American Institute of
Architects and Roma Design for the urban design excellence of the
3rd Street Promenade.
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. Mayor Pro
Tempore Abdo 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, Holbrook, Katz,
Vazquez, Zane, Mayor Genser
Absent: Councilmember Olsen
6-A: MINUTES APPROVAL: The city Council minutes of June 16,
1992, were approved as amended.
6-B: WATERPROOFING ROOFS AND WALLS/SANTA MONICA AIRPORT:
Contract No. 5856 (CCS) was awarded to Kitson Specialty
Contracting, Inc. in the amount of $94,019 for waterproofing of
roofs and walls at the Santa Monica Municipal Airport.
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6-C: REPAIR OF SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED
PAVEMENT: Resolution No. 8430 (CCS) entitled: itA RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING
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DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE
SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS,
DRIVEWAYS, CURBS AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY
AREA (SR-92-183)," was adopted, thereby setting a public hearing
date of August 11, 1992.
6-D: SURFACE REPAIR AND WATERPROOF/DOUGLAS PARK PONDS: Contract
No. 5857(CCS) was awarded to Howard Ridley Company in the amount
of $18,320 for surface repair and waterproofing of the Douglas
Park Ponds.
6-E: FINAL SUBDIVISION MAP/TRACT NO. 48530/CONDOMINIUMS/822
PACIFIC STREET: Resolution No. 8431(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
48530 FOR A PROJECT AT 822 PACIFIC STREET," was adopted, thereby
approving a 5-unit condominium project at 822 Pacific street.
Councilmember Olsen reported present at 7:47 P.M.
9-A: AMENDMENTS TO CITY CHARTER: Presented was the Charter
Review Commission I s recommendations regarding amendments to the
city Charter. Nancy Greenstein, representing the Charter Review
Commission, presented the recommendations of the Commission
regarding amendments to the city Charter. Council asked
questions of Ms. Greenstein. Member of the pUblic Joy Fullmer
expressed her concerns. Member of the public Paul DeSantis spoke
in support of compensating Councilmembers in accordance with what
would be paid for a half-time position and in opposition to the
current system of at-large elections. Member of the public
Richard Fajardo discussed at-large versus district elections.
Commission on the status of Women Commissioner Irene Zivi spoke
in support of Council salaries, in opposition to the single
transfer vote (proportional) system, and in support of district
elections. Commissioners to the Charter Review Commission Herman
Rosenstein and Doug willis spoke in support of district
elections. Member of the public Chris Reed spoke in support of
strong ethics reform. Member of the public Suzanne Abrescia
spoke in opposition to district elections and in support of
council compensation. Councilmember Katz moved to hear late
speakers. Second by Councilmember Vazquez. The motion was
unanimously approved. Commissioner to the Charter Review
commission Chris Harding and member of the public Jean Gordon
spOke in favor of district elections. Member of the public Jean
Gebman spoke in opposition to district elections. commissioner
to the Charter Review commission George Hickey discussed
proportional and district elections.
At 10:15 P.M., Council adjourned for a short recess.
reconvened at 10:37 P.M., with all members present.
council
Mayor Genser moved to place district elections on the ballot.
The motion died for lack of a second. Mayor Pro Tempore Abdo
moved to direct the City Attorney to draft a ballot measure to
place recommendations 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, and 3 of
the Charter Review Commission on the November ballot. Second by
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councilmember Katz. Discussion was held. Mayor Genser moved to
amend the motion to include only recommendations 4 through 13 as
one ballot measure. The motion was accepted as friendly. The I
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
Councilmember Katz moved to place recommendation 2 of the Charter
Review Commission on the November ballot with a compensation
ceiling of $600 and direct staff to return with a projected cost
of health benefits. The motion died for lack of a second.
Discussion was held. Councilmember Zane moved to direct the City
Attorney to draft a ballot measure to place Charter Review
Commission recommendations 2 and 3 on the November ballot with a
limit of three four-year terms for recommendation 3, and salary
and health benefits be considered as a single compensation
package for recommendation 2. Second by Councilmember Olsen.
Discussion was held. Councilmember Vazquez moved a substitute
motion to direct the city Attorney to draft a ballot measure to
place recommendations 1 and 3 on the November ballot. Second by
Mayor Genser. Discussion was held. Councilmember Zane moved to
continue the meeting past 11:00 P.M. Second by Mayor Genser.
The motion was approved, councilmember Katz opposed. Discussion
continued. councilmember Zane withdrew his motion.
councilmember Vazquez withdrew his motion. Councilmember Zane
moved to direct the City Attorney to draft a ballot measure which
includes term limitations of three consecutive four-year terms
for councilmembers. Second by councilmember Katz with the I
understanding that the measure is retroactive. The motion was
unanimously approved. Councilmember Zane moved to direct the
City Attorney to draft a ballot measure which includes the
compensation and benefits as recommended by the Charter Review
Commission, but for the moment leaving the numbers blank, and
direct staff to return with a report on cost of the benefits.
Second by Councilmember Katz. The motion was unanimously
approved. Discussion was held. Councilmember Vazquez moved to
adopt the concept of seven districts I as proposed by the CURE
group, wi th the mayor selected by councilmembers. Second by
Mayor Genser. Discussion was held. The motion failed by the
following vote:
Council vote: Affirmative: councilmembers Vazquez, Holbrook,
Mayor Genser
Negative: councilmembers Zane, Olsen, Katz,
Abdo
Councilmember Zane moved to direct staff to provide council with
additional information regarding cities with hybrid districts and
at-large elections. Second by Councilmember Katz. Mayor Genser
moved to amend the motion to also include information about
single-member districts. Second by Councilmember Vazquez.
Discussion was held. The amendment was accepted as friendly for I
the purposes of discussion. Discussion was held. The motion was
unanimously approved. Councilmember Olsen moved to combine
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Charter Review commission recommendations 2 and 3 on the ballot.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen,
Holbrook, Abdo, Mayor Genser
Negative: Councilmember Katz
Councilmember Katz requested that the record reflect that he
voted "no" on this motion because he prefers that the two items
be separate as combining them could be self-defeating.
Mayor Pro Tempore Abdo moved to amend the wording in Section
1803(m) of the city Charter to include the word "general" which
would then read, "At the next general municipal election
following any vacancy..." Second by Councilmember Katz. Mayor
Genser moved to amend the motion to include the proposed language
into items 4 through 13. The motion was accepted as friendly.
The motion was unanimously approved. Mayor Pro Tempore Abdo
moved that the language in the Charter be revised to be gender
neutral. Second by Councilmember Vazquez. The motion was
unanimously approved. Councilmember Katz moved to direct the
City Attorney to prepare a "revolving door" amendment prohibiting
councilmembers from employment in a top-level managerial position
on entities funded fully or in part by the city for a period of
one year. Second by Councilmember Holbrook. Discuss ion was
held. Mayor Pro Tempore Abdo moved to amend the motion that
staff return with descriptive information and options. The
motion was accepted as friendly. Discussion was held.
Councilmember Zane declared a possible conflict of interest and
was excused from the dais. The motion was unanimously approved,
Councilmember Zane absent. Councilmember Zane returned to the
dais. Mayor Pro Tempore Abdo moved to direct the city Attorney
to review the recommendations by the Charter Review Commission
with regard to adding an Environmental Commission and the
recommendation that provisions be added to the Charter requiring
periodic review of the various Charter provisions and amendments
as deemed necessary. Second by Councilmember Katz. The motion
was unanimously approved. Mayor Pro Tempore Abdo moved to direct
staff to return with information with regard to registration of
lObbyists. Second by Mayor Ganser. The motion was unanimously
approved. Mayor Genser moved to thank the Charter Review
Commission for their hard work and compliment them on their fine
report. Second by Councilmember Vazquez. The motion was
unanimously approved.
9-B: WATER AND WASTE WATER FEES AND SERVICES: Presented was the
staff report recommending direction to the city Attorney to
prepare an amendment to the Santa Monica Municipal Code relating
to water and waste water fees and services. Council asked
questions of staff. Member of the public Beloved Quail expressed
his concerns. Mayor Genser moved to direct the city Attorney to
amend certain sections of the Santa Monica Municipal Code
relating to water and wastewater service as described in the
staff report with the amendment that the definition of
delinquency of payment be changed from 20 days to 30 days and
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that the time period begins with the postmark date not the date
of receipt. Second by Councilmember Katz. The motion was
approved by the following vote:
council vote: Unanimously approved 7-0
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9-C: CURBSIDE RECYCLING PROGRAM: Presented was the staff report
regarding the collection location for the Curbside Recycling
Program. Discussion was held. Member of the public Beloved
Quail expressed his concerns. No action was taken.
9-D: OPPOSING ARGUMENTS/CONSTRUCTION AT 621 21ST STREET:
Presented was the staff report discussing opposing arguments
concerning a legal dispute which has arisen concerning the
legal i ty of certain aspects of the construction of a
single-family home at 621 21st street and whether or not the City
is estopped to enforce provisions of the zoning Ordinance. Louis
Tibbitts, owner of 615 21st street, spoke in opposition to the
proposed construction. council asked questions of Mr. Tibbitts.
chris Harding, speaking on behalf of John and Mary Rayis, spoke
in support of the proposed construction. council asked questions
of Mr. Harding and John Rayis. Action on this item was continued
until after the closed session.
9-E: CLOSED SESSION: Held at end of meeting.
l3-A: JOHN KILBANE/REDEVELOPMENT OF PROPERTY/1602 OCEAN AVENUE:
Presented was the request of John B. Kilbane to address council I
regarding potential redevelopment of property located at 1602
Ocean Avenue. council asked questions of staff. Council asked
questions of Mr. Kilbane. Discussion was held. No action was
taken.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Genser
opened the floor to nominations to the various boards and
commissions. Mayor Pro Tempore Abdo moved to continue the
appointment of a member to the Arts Commission to the meeting of
August 11, 1992. The motion was duly seconded and unanimously
approved. Councilmember Katz moved to continue the appointment
of a member to the Convention and visitors Bureau to the meeting
of August II, 1992. Second by Mayor Pro Tempore Abdo. The
motion was approved, Councilmember Olsen opposed. Councilmember
Vazquez moved to continue the appointment of members to the
Recreation and Parks Commission to the meeting of August 11,
1992. Second by Councilmember Katz. The motion was unanimously
approved.
l4-B: REMOVAL OF A PORTION OF 28TH STREET FROM CITY'S TRUCK
ROUTE: Presented was Councilmember Katz's request to discuss a
recommendation to direct the City Attorney to amend the Municipal
Code to remove 28th street from pico Boulevard to Ocean Park
Boulevard from the city's truck route. Councilmember Katz moved
to refer this item to staff for a prompt recommendation. Second I
by Mayor Genser. Discussion was held. The motion was
unanimously approved.
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15: PUBLIC INPUT: Member of the public Beloved Quail expressed
his concerns. Member of the public Ronald May discussed the
Santa Monica Police Department. Member of the public Art
Casillas discussed gang and drug problems in the Pico
Neighborhood.
9-E: CLOSED SESSION: At 1:15 A.M., Council adjourned to Closed
Session for the purpose of considering the case of John and Mary
Rayis v. City of Santa Monica, threatened litigation regarding
property located at 621 21st Street.
At 1:58 A.M., Council reconvened with all members present.
Counci1member Katz moved to permit John and Mary Rayis to
continue with construction of a single family home on the basis
that the city was equitably estopped to enforce the Municipal
Code. Second by counci1member Vazquez. The motion was approved
by the following vote:
Council vote: Affirmative: Counci1members Abdo, Holbrook, Katz,
Vazquez, Zane
Negative: Counci1member Olsen, Mayor Genser
ADJOURNMENT: At 2:00 A.M., the meeting was adjourned.
ATTEST:
~~/ AfJ~
Clarice E. DYkhOU~
City Clerk
APPROVED:
~r
Mayor
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July 7, 1992