M-7/24/1990
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 24, 1990
A regular meeting ot the Santa Monica City council was called to
order by Mayor Zane at 7:40 P.M., on Tuesday, July 24, 1990, in
the Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember William H. Jennings
councilmember Herbert Katz
Councilmember Christine E. Reed
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
CLOSED SESSION: Not held.
counci1member Jennings led the assemblage in the Pledge of
Allegiance to the Flag of the united states of America.
4-A: PRESERVE THE RIGHT-OF-WAY/PROCLAMATION: Mayor Zane
presented a proclamation to the Committee to Preserve the
Right-ot-way for their efforts in support of the acquisition of
the Exposition/Olympic Boulevard right-of-way for light rail.
HOUSING AUTHORITY MEETING:
At 7:53 P.M., Chairperson Zane convened a special meeting of the
Santa Monica Housing Authority.
Housing Authority
Roll Call: Present:
Chairperson Dennis Zane
Vice-Chairperson David B. Finkel
Commissioner Judy Abdo
Commissioner Ken Genser
commissioner william H. Jennings
Commissioner Herbert Katz
commissioner Christine E. Reed
Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Johnsen
Councilmember Abdo moved to continue Items 8-D and 9-A and all 14
Items to July 25, 1990, at 7:30 P.M. Second by Councilmember
Genser. The motion was approved, Councilmembers Katz and Reed
opposed.
Also Present:
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July 24, 1990
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HA-1: HOUSING AUTHORITY MINUTES: Presented for approval were
Housing Authority minutes of June 26, 1990. Commissioner Genser
moved to approve the minutes as presented. Second by Commissoner
Abdo. The motion was unanimously approved.
HA-2: SECTION 8 HOUSING VOUCHER PROGRAM CONSOLIDATED ANNUAL
CONTRIBUTIONS CONTRACT NO. SF-520 (V) : Presented was a staff
report recommending the adoption of a resolution approving the
Consolidated Annual contributions Contract for Vouchers and
authorizing the Executive Director to execute the CACC. Member
of the public JOY Fullmer expressed her concerns. Commissioner
Genser moved to approve Contract No. 5557 (HAS) with the U. S.
Department of Housing and Urban Development and to adopt
Resolution No. 39 (HAS) entitled: "A RESOLUTION OF THE HOUSING
AUTHORITY OF THE CITY OF SANTA MONICA APPROVING SUPERSEDING PART
I OF SECTION 8 HOUSING VOUCHER PROGRAM CONSOLIDATED ANNUAL
CONTRIBUTIONS CONTRACT NO. SF-520(V) AND AUTHORIZING EXECUTION,"
reading by title only and waiving further reading thereof.
Second by Commissioner Katz. The motion was approved by the
following vote:
Housing Authority Vote: Unanimously approved 7-0
HA-3: SECTION 8 HOUSING VOUCHER PROGRAM ANNUAL CONTRIBUTION
CONTRACT NO. SF-S20(E): Presented was a staff report
recommending the adoption of a resolution approving the
Consolidated Annual Contributions Contract and authorizing the
Executive Director to execute the CACC. Member of the public Joy
Fullmer expressed her concerns. Commissioner Reed moved to
approve Contract No. 5558 (HAS) with the U. S. Department of
Housing and Urban Development and to adopt Resolution No. 40 (HAS)
entitled; "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF
SANTA MONICA APPROVING SUPERSEDING PART I OF SECTION 8 HOUSING
CERTIFICATE PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-S20(E)
AND AUTHORIZING EXECUTION THEREOF," reading by title only and
waiving further reading thereof. Second by Commissioner Genser.
The motion was approved by the following vote:
Housing Authority Vote: Unanimously approved 7-0
HA-4: HOUSING ASSISTANCE VOUCHE~S/CERTIFICATES: Presented was a
staff report recommending the adoption of a resolution
authorizing the submission of the application for additional
Vouchers and Certificates. Commissioner Genser moved to adopt
Resolution No. 41(HAS) entitled: "A RESOLUTION OF THE HOUSING
AUTHORITY OF THE CITY OF SANTA MONICA APPROVING THE SUBMISSION OF
AN APPLICATION FOR 72 HOUSING ASSISTANCE VOUCHERS/CERTIFICATES,"
reading by title only and waiving further reading thereof.
Second by Commissioner Katz. The motion was approved by the
following vote:
Housing Authority vote: Unanimously approved 7-0
At 8:14 P.M., the special meeting of the Housing Authority was
adjourned, and the regular City Council meeting was reconvened.
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July 24, 1990
185
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 Finkel moved to approve the Consent Calendar with the
exception of Items 6-B, 6-F, 6-K, and 6-L, reading resolutions
and ordinances by title only and waiving further reading thereof.
Second by Councilmember Abdo. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The minutes of the City Council meetings
of June 26, 1990, were approved as presented.
6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8057(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO
THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF
SIDEWALKS, DRIVEWAYS, AND CURBS (SR-90-163)," was adopted thereby
setting a public hearing for September II, 1990, on the
assessment of costs to repair damaged sidewalks, driveways, and
curbs on various streets.
6-D: HANDICAPPED CURB RAMPS: Contract No. 5559(CCS) was awarded
to Damon Construction Company in the amount of $86,900 for the
construction of handicapped curb ramps at various locations
throughout the City.
6-E: WILSHIRE BOULEVARD TRAFFIC SIGNALS: Council approved
Contract No. 5560(CCS) with BSI Consultants, Inc. for the design
of the upgrade, modernization and computerization of the traffic
signalS along Wilshire Boulevard.
6-G: WEED AND RUBBISH ABATEMENT ASSESSMENT ROLL: Council
confirmed the 1990 weed and rubbish abatement assessment roll and
approved an increase in the contingency amount by $3,524.84 for a
new total of $6,954.84.
6-H: FINAL MAP 48421/TPC PROJECT/828 FIFTH STREET: Resolution
No. 8058(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 48421," thereby approving an II-unit
tenant-participating conversion project at 828 Fifth Street, was
adopted.
6-1: FINAL TRACT MAP 48l4l/CONDOMINIUMS/192l 17TH STREET:
Resolution No. 8059 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 48141," thereby approving a
6-unit condominium project at 1921 17th Street, was adopted.
6-J: FINAL TRACT MAP 48934/CONDOMINIUMS/1937 EUCLID STREET:
Resolution No. 8060 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 48934," thereby approving a
5-unit condominium project at 1937 Euclid Street, was adopted.
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July 24, 1990
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END OF CONSENT CALENDAR
6-B: INCLUSIONARY HOUSING PROGRAM: Presented was an ordinance
for adoption and second reading amending Santa Monica Municipal
Code Section 9422 relating to the applicability of the 1990
revisions to the City1s Inclusionary Housing Program, introduced
July 10, 1990. Councilmember Abdo moved to adopt Ordinance No.
1532 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9422 RELATING TO THE APPLICABILITY OF 1990 REVISIONS TO THE
CITY'S INCLUSIONARY HOUSING PROGRAM," reading by title only and
waiving further reading thereof. Second by Councilmember Reed.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
6-P: INSTALLATION OF NEW TRAFFIC SIGNALS/UPGRADING EXISTING
SYSTEMS/VARIOUS LOCATIONS: Presented was a staff report
transmitting a recommendation to award a contract for traffic
signal installation and modernization, and associated street work
to Paxin Electric, Inc., as the lowest responsible bidder.
Council asked questions of staff. Councilmember Katz moved to
approve the staff recommendation and award Contract No. 5561{CCS)
to paxin Electric, Ine" the lowest responsible bidder, in the
amount of $6.62,230. Second by Councilmember Abdo. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
6-K: STATEMENT OF OFFICIAL ACTION/CUP 89-046/TTM 48039/1253 11TH
STREET: Presented was a staff report transmitting a
recommendation that council certify the statement of Official
Action sustaining the August 2, 1989, Planning Commission
approval of Conditional Use Permit 89-046 and Tentative Tract Map
48039 for the development of a 5-unit, 9000 square foot, three
story condominium subdivision on a 7500 square foot parcel
located at 1253 11th street. Councilmember Ganser moved to hear
members of the public for two minutes each. Second by Mayor
Zane. The motion failed, councilmembers Abdo, Finkel, Jennings,
Katz, and Reed opposed. Counci1member Reed moved to certify the
statement of Official Action to sustain August 2, 1989, Planning
commission approval of CUP 89-046 and TTM 48039 for the
development located at 1253 11th street. Second by Councilmember
Katz. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Katz, Reed
Negative: Councilmembers Finkel, Genser, Mayor
Zane
Abstain: Couneilmember Jennings
As a result of the above vote, the Planning Commission decision
was upheld.
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July 24, 1990
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6-L: IN-HOME SUPPORTIVE SERVICES PROGRAM: Presented was a staff
report transmitting information on the release of state checks
for In Home supportive Services (IHSS) workers who provide care
for disabled senior citizens. Mayor Pro Tempore Finkel initiated
discussion regarding the release of state checks for the In-Home
Supportive services Program and moved to approve the staff
recommendation to undertake ongoing monitoring of the State
Budget negotiations, and to send a letter to the Governor and
state legislative leadership urging prompt adoption of the state
Budget. Second by Councilmember Genser. The motion was
unanimously approved.
7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report
and a public hearing on the assessment of costs to repair damaged
sidewalks, driveways, and curbs. At 8:21 P.M., Mayor Zane
declared the public hearing opened. There being no members of
the public wishing to speak, Mayor Zane closed the public
hearing. Councilmember Katz moved to adopt Resolution No.
a061 (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-90-162)," reading by title only and waiving further
reading thereof. Second by Councilmember Reed. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
7-B: CURE INITIATIVE: Presented was a staff report and a public
hearing regarding the placement of the CURE (Citizens United to
Reform Elections) Initiative on the November Ballot. At a: 30
P.M., Mayor Zane declared the public hearing opened. Members of
the publ ic Mathew Millen, Tony Vazquez, Paul DeS antis, Herman
Rosenstein, Irene Zivi, Leo Collins, Lyn Corum, Daniel Tabor,
Oanie1 Marquez, Henry McGee, Joy Fullmer, Joel Goldfarb, Don
Girard, Blanca Girard, Craig Mordoh, Doug Ehlers, Julie Dad,
Alvin Knowles, Doris Ganga, and Donald Nelson spoke in support of
the initiative. Members of the public John Jurenka, Russell
Shaver, Leonard Gross, Polly Benson-Brown, and Jerry Newport
spoke in opposition to the initiative. Members of the public
Eric Chen and Jack Baptista expressed their concerns. At 10:26
P.M., there being no one else wiShing to speak, Mayor Zane closed
the public hearing.
Due to the lateness of the hour, Mayor Zane moved to hear Items
7-B, a-A, 8-B, and l3-A at this meeting, and to continue the
remainder of the Agenda to a meeting to be held July 25, 1990.
Second by Councilmember Genser. The motion was unanimously
approved.
councilmember Genser moved that Item l3-B be heard first on the
agenda for tomorrow evening. Second by Councilmember Reed. The
motion was unanimously approved.
At 10:30 P.M., Council adjourned for a short recess. At 10:50
P.M., council reconvened with all members present.
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July 24, 1990
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Discussion was held. councilmember Jennings moved to direct the
City Attorney to prepare language which would separate the two
concepts of 1) limiting the number of consecutive Council terms,
and 2) establishing Council districts, into two ballot measures.
Second by Councilmember Genser. Discussion was held.
Councilmember Katz moved to table this issue and send it to the
Charter Review Committee. Second by Councilmember Reed. The
motion to table failed by the following vote:
Council vote: Affirmative: Councilmemhers Abdo, Katz, Reed
Negative: councilmembers Finkel,
Jennings, Mayor Zane
Genser,
Councilmember Geser requested that the record reflect that his
reason for voting "no" was because he wanted to be able to
discuss the issue at this meeting.
Councilmember Katz moved to extend the meeting to 12: 00 A.M.
Second by councilmember Reed. The motion was unanimously
approved. Discussion continued. Mayor Zane moved to divide the
issue into two motions; 1) to consider the two consecutive term
issue, and 2) to consider district elections. Second by
Councilmember Reed. Discussion was held. The motion to consider
a two-year limit failed by the following vote:
council vote: Affirmative: Councilmembers
Mayor Zane
Jennings,
Finkel,
Negative: Counci1members Abdo, Genser, Katz,
Reed
The motion to consider district elections failed by the following
vote:
Council vote: Affirmative: Counci1members
Jennings
Finkel,
Genser,
Negative: Counci1members Abdo, Katz, Reed,
Mayor Zane
Councilmember Reed moved to direct staff to prepare language to
be included on the ballot as a polling measure for citizen input
regarding the generic ideas of appointing a Citizens' Committee
to devise a scheme to establish councilmanic districts; to
consider the development of districts with the inclusion of a
ci ty-wide , directly-elected mayor; and to consider whether the
district scheme shall include some at-large, city-wide council
seats along with some district seats, as three separate ballot
measures. Second by Councilmember Jennings. Discussion was
held. Mayor Pro Tempore Finkel moved a substitute motion to
include these issues in the previously-ordered Council inquiry
into the modification of the City Charter. Second by
councilmernber Katz. The motion was unanimously approved.
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July 24, 1990
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Councilmember Genser moved to hear Item 13-A at this time. The
motion was duly seconded and unanimously approved.
13-A: TOBACCO SALES TO MINORS: Presented was the request of
Patricia Hoffman to address Council regarding the use of tobacco
by minors. Ms. Hoffman requested that Council consider the
adoption of an ordinance to restrict sale of tobacco to minors
through vending machines. council asked questions of staff.
Mayor Pro Tempore Finkel moved to instruct staff to prepare an
ordinance which addresses the issue of access to cigarettes by
minors through vending machines and return to Council with
recommendations. Second by Councilmember Reed. The motion was
unanimously approved.
8-A: LANDMARKS DEADLINE: presented was an ordinance for
introduction and first reading authorizing the City Council to
extend the time period for action by the Landmarks Commission or
ci ty Council in connection with proceedings under the Landmark
and Historic District Ordinance. At 11: 54 P.M., Mayor Zane
declared the public hearing opened. There being no members of
the public wishing to speak, Mayor Zane closed the public hearing
at 11:55 P.M. Discussion was held. Councilmember Abdo moved
introduce the ordinance for first reading. Second by
Councilmember Genser. The motion was approved by the following
vote:
council vote: Unanimously approved 7-0
8-B: THIRD STREET HISTORICAL DISTRICT: Presented was an
ordinance for introduction and first reading adding Section 9630
to the Santa Monica Municipal Code to designate as an historic
district the area bounded on the east by the rear property line
of the parcels on the east side of Third street; bounded on south
by Hill Street including the parcels on the south side of the
street but excluding the parcel on the southeast corner of Hill
street and Third street; bounded on the west by the rear property
line of the parcels on the west side of Second street; and
bounded on the north by Ocean Park Boulevard. Councilmember Katz
moved to extend the meeting to 12 : 30 A. M. Second by
Councilmember Reed. The motion was unanimously approved.
Council asked questions of staff. Dan Freund, Bea Nemlaha, and
Tony Haig, representing the Landmarks Commission, provided a
presentation in support of the formation of a Third street
Historical District. At 12: 25 A.M., Mayor Zane declared the
public hearing opened. Members of the pUblic Deborah Lerner,
Richard Sinsheimer, and Michael Filley expressed their concerns.
Councilmember Genser moved to extend the meeting to 1: 00 A.M.
Second by Councilmember Abdo. The motion was unanimously
approved. Members of the public David Cameron, David Avshalomov,
Madeleine Warner, Dave paley, Merritt Coleman, Debra Magnusson,
Kathy stolier, Ken Breisch, Bruce Cameron, and Carson Anderson
spoke in support of the proposed historical district. Members of
the public Miles Warner and Tom Nitti expressed their concerns.
Member of the public John Jurenka spoke in opposition to the
proposed historical district. Councilmember Genser moved to
extend the meeting to 1: 30 A.M. Second by Councilmember Abdo.
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190
The motion was unanimously approved. Members of the public Pam
O'Connor, Megan Cassidy, Jack Baptista, and Brandon MacNeal spoke
in support of the proposed historical district. Mayor Zane
closed the public hearing at 1:10 A.M. Councilmember Abdo moved
to introduce the ordinance for first reading, with the selection
of Boundary Map Alternate 3. Second by councilmember Katz.
Discussion was held. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
8-C: DEVELOPMENT AGREEMENT/MAGUIRE THOMAS PARTNERS: An
ordinance for introduction and first reading approving the
Development Agreement between Maguire Thomas Partners Development
and the city of Santa Monica was continued to the meeting of
August 7, 1990.
8-0: LIMITATIONS ON CAMPAIGN CONTRIBUTIONS: An ordinance for
introduction and first reading amending Santa Monica Municipal
Code section 11209 relating to limitations on election
contributions was continued to the meeting of July 25, 1990.
8-E: UTILITY USER TAX: An ordinance for adoption and second
reading amending Santa Monica Municipal Code Sections 6621, 6622,
6623, and 6623A to increase the utility User Tax was continued to
the meeting of July 25, 1990.
9-A: BALLOT MEASURES/NOVEMBER ELECTION: Resolutions adding
measures to the ballot for the November election; requesting
consol idation of election with Los Angeles County; requesting
election services from Los Angeles County, and authorizing
certain Councilmembers to file written arguments on the ballot at
the General Election were continued to the meeting of July 25,
1990.
11-A: CERTIFICATE OF QUALIFICATION/CITIZENS PROTECTION ACT
CHARTER AMENDMENT: The report of City Clerk transmitting the
certificate of Qualification for a petition proposing an
amendment to the Charter of the City of Santa Monica regarding
the Citizens Protection Act of 1990 was continued to the meeting
of July 25, 1990.
11-B: CLOSED SESSION: Not held.
12-A: APPEAL/MASSAGE TECHNICIAN PERMIT: The appeal of the
revocation of a massage technician permit was continued to the
meeting of August 7, 1990.
13-B: PAWNBROKING LICENSE: The request of Angelo Garzieri to
address Council regarding his pawnbroking license was continued
to the meeting of July 25, 1990.
14-A: OPEN SPACE/DEVELOPMENT HEIGHTS: The request of
Councilmember Jennings to discuss encouraging open space by
allowing taller, less dense development was continued to the
meeting of July 25, 1990.
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July 24, 1990
191
14-B: RESIGNATION OF ROBERT BUNDY/BAYSIDE DISTRICT CORPORATION:
The acceptance of the letter of resignation from Robert G. Bundy,
Jr., from Bayside District Corporation and authorization to city
Clerk to publish notice of vacancy was continued to the meeting
of July 25, 1990.
14-C: RENT CONTROL AMENDMENT/EXEMPTION FOR STATE OWNED
PROPERTIES: The request of Councilmember Reed to discuss support
for an amendment to the Rent Control Law that would provide a
full exemption from rent control for State owned properties owned
and controlled by the State as of July 19, 1990, was continued to
the meeting of July 25, 1990.
14-D: NICKEL-A-DRINK INITIATIVE: The request of Mayor Zane to
discuss support for the Nickel-A-Drink Initiative was continued
to the meeting of July 25, 1990.
14-E: CATCH BASIN STENCIL: The request of Mayor Zane to discuss
approval of a catch basin stencil was continued to the meeting of
July 25, 1990.
14-F: USE OF COUNCIL CHAMBERS/STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT: The request of Mayor Zane to discuss
wai v ing the fee for use of the Council Chambers by the State
Department of Housing and Community Development on August 7,
1990, was continued to the meeting of July 25, 1990.
14-G: ANCIENT FOREST AND WILDLIFE PROTECTION INITIATIVE OF 1990:
The request of Mayor Zane to discuss support for the Ancient
Forest and wildlife Protection Initiative of 1990 was continued
to the meeting of July 25, 1990.
ADJOURNMENT: At 1:15 A.M., the meeting was adjourned to July 25,
1990, at 7:30 P.M., in memory of James Burford, Joseph Garner,
and Melvin Isaacson.
ATTEST:
--A
Clarice E.
city Clerk
APPROVED:
(-
II) '/ '}
Y-J'+-t (~?,p~
Dennis zanJ
Mayor
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July 24, 1990