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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 10, 1990
A meeting of the Santa Monica city Council was called to order by
Mayor Zane at 7:36 P.M., on Tuesday, July 10, 1990, in the
council Chambers.
Roll Call: Present: Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
(arrived at 7:44 P.M.)
Councilmember Herbert Katz
Councilmember Christine E. Reed
Absent: Councilmember William H. Jennings
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
CLOSED SESSION:
Not held.
Mayor Pro Tempore Finkel led the assemblage in the Pledge of
Allegiance to the Flag of the United states of America.
INSPIRATION: Councilmember Reed provided a moment of inspiration
by announcing that the Metropolitan Water District will be
posting billboards promoting water conservation.
6. CONSENT CALENDAR: Presented was the Consent Calendar,
whereby all i terns 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-G, 6-1, 6-J, and 6-L, 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, Finkel, Katz,
Reed, Mayor Zane
Absent: Councilmembers Genser, Jennings
6-A: MINUTES APPROVAL: The minutes of the City council meeting
of June 12, 1990, were approved as presented.
6-B: BUSINESS LICENSE TAX: Ordinance No. 1531 (eCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ORDINANCE NUMBER 960(CCS) TO CHANGE THE ADDITIONAL
BUSINESS LICENSE TAX LEVIED IN THE MONTANA AVENUE BUSINESS
IMPROVEMENT DISTRICT," was adopted.
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6-C: HANDICAPPED PARKING ZONES: Resolution No. 8053(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO
2025 HILL STREET AND 1401 1/2 PALISADES BEACH ROAD, II was adopted.
6-D: PARCEL MAP NO. 20988/CONDOMINIUMS/753 PIER AVENUE:
Resol ution No. 8054 (CCS) enti tIed: II A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR PARCEL NO. 20988,11 thereby approving a
4-unit condominium project at 753 pier Avenue, was adopted.
6-E: TRACT MAP 21937/CONDOMINIUMS/604 LINCOLN BOULEVARD:
Resolution No. 8055 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 21937," thereby approving a
4-unit condominium project at 604 Lincoln Boulevard, was adopted.
6-F: FACILITY IMPROVEMENTS/TRANSPORTATION DEPARTMENT: Contract
No. 5543 (CCS) was awarded to Lechuga and Sons Painting in the
amount of $46,999 for facility improvements at the Transportation
Department Operations and Administration Building.
6-H: SOCCER FIELD LIGHTS/JOHN ADAMS MIDDLE SCHOOL: Contract No.
5545(CCS) was awarded to Electro Construction Corporation in the
amount of $128,777 for installation of soccer field lights at
John Adams Middle School. Roberti Z 'berg Block Grant Funds in
the amount of $35,342 were accepted and appropriated.
6-K: PAINT AND PAINT SUPPLIES: Council rejected the low bid and
awarded Bid No. 2298 to Dunn Edwards corporation at specified
unit prices for paint and paint supplies for various departments.
6-M: GENERAL MUNICIPAL ELECTION: Resolution No. 8056(CCS)
entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1990," was
adopted.
END OF CONSENT CALENDAR
6-G: TRAFFIC SIGNAL: Presented was a staff report transmitting
a recommendation to award a contract to paxin Electric Inc., for
the installation of a traffic signal at the intersection of
Montana Avenue and 24th Street. Council asked questions of
staff. Councilmember Genser arrived at 7:44 P.M. Councilmember
Reed moved to award Contract No. 5544(CCS) to Pax in Electric Inc.
in the amount of $34 I 900 for the installation of the traffic
signal. 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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6-1: CUP 89-072/1109 16TH STREET: Presented was a staff report
requesting Council's certification of the statement of Official
Action for an appeal of Conditional Use Permit 89-072, 1109 16th
Street. Council asked questions of staff. Mayor Pro Tempore
Finkel moved to certify the Statement of Official Action for the
appeal of CUP 89-072, 1109 16th street. Second by Councilmember
Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
6-J: CUP 90-921/301 SANTA MONICA BOULEVARD: Presented was a
staff report requesting Council's certification of the Statement
of Official Action for an appeal of Conditional Use Permit
90-021, 301 santa Monica Boulevard. Council asked questions of
staff. Mayor Pro Tempore Finkel moved to certify the statement
of Official Action for the appeal of CUP 90-021, 301 Santa Monica
Boulevard. Second by Councilmember Genser. The motion was
approved by the fallowing vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
6-L: VOICE MESSAGING SYSTEM: Presented was a staff report
transmitting a recommendation to authorize the City Manager to
negotiate and execute a contract with Octel for the purchase of a
voicemail system for City Hall. Member of the public JOY Fullmer
expressed her concerns. Council asked questions of staff.
councilmember Katz moved to approve Contract No. 5546(CCS) with
Octel for the purchase of a voice messaging system (voicemail)
for city offices, in the amount of $170,000. Second by
councilmember Genser. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
a-A: INCLUSIONARY HOUSING: Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Section 9422 relating to the applicability of 1990 revisions
to the City's Inclusionary Housing Program. At 7:56 P.M., Mayor
Zane declared the public hearing opened. Members of the public
Joy Fullmer and Nathan Pratt expressed their concerns. Mayor
Zane closed the public hearing at 8:04 P.M. Council asked
questions of staff. Councilmember Genser moved to introduce for
first reading an ordinance entitled: "AN 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
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171
Councilmember Reed.
vote:
The motion was approved by the following
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
B-B: UTILITY USER TAX: Presented was an ordinance for
introduction and first reading amending Santa Monica Municipal
Code sections 6621, 6622, 6623, and 6623A to increase the utility
User Tax. At B:07 P.M., Mayor Zane declared the public hearing
opened. Member of the public Joy Fullmer expressed her concern.
Mayor Zane closed the public hearing at B: 10 P.M. Mayor Pro
Tempore Finkel moved to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6621, 6622,
6623, AND 6623A TO INCREASE THE UTILITY USER TAX," reading by
title only and waiving further reading thereof. Second by
Councilmember Abdo. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Ganser,
Reed, Mayor Zane
Negative: Councilmember Katz
Absent: Councilmember Jennings
B-C: DEVELOPMENT AGREEMENT: An ordinance for intrOduction and
first reading approving the Development Agreement between the
Santa Monica Beach Development Limited Partnership and the City
of Santa Monica was continued to the meeting of July 17, 1990.
II-A: CERTIFICATION OF PETITION: Presented was a staff report
transmitting the certification of the County Registrar-Recorder
regarding the qualification of a petition proposing an amendment
to the Charter of the City of Santa Monica permitting an increase
in the maximum allowable rent, upon the voluntary vacancy of a
rent controlled rental unit. Council asked questions of staff.
Member of the public Joy Fullmer expressed her concerns. Council
asked questions of staff. Councilmember Reed moved to receive
the certification of Petition and direct the City Attorney to
prepare the necessary resolution placing an amendment on the
November Election Ballot. 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
ll-B: EIR/GROUND LEASE AND CONCESSION AGREEMENT/SANTA MONICA
BEACH DEVELOPMENT LIMITED/4l5 PACIFIC COAST HIGHWAY: A
resolution certifying the Environmental Impact Report inCluding
the adoption of a Statement of Overriding Consideration,
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172
authorizing the city Manager to negotiate and execute a Ground
Lease and concession Agreements between the Santa Monica Beach
Development Limited Partnership and the City of Santa Monica and
the Disposition and Development Agreement between Santa Monica
Beach Development Limited Partnership and the City of Santa
Monica, and approving an agreement between the City of Santa
Monica and the state of California concerning state Lands was
continued to the meeting of July 17, 1990.
l2-A: APPEAL/CUP 90-005/CONDOMINIUMS/1405 OCEAN PARK BOULEVARD:
Presented was an appeal of the Planning Commission Conditions of
Approval and approval of cup 90-005 to allow a five-unit
condominium at 1405 Ocean Park Boulevard. Applicant: Selivestr
Savarovsky. Appellant: 2525 14th street Homeowners
Association/Selivestr Savarovsky. Council asked questions of
staff. At 8: 36 P.M., Mayor Zane declared the public hearing
opened. Mayor Zane moved to continue this item until after Item
12-B. Second by Councilmember Katz. The motion was unanimously
approved, Councilmember Jennings absent.
12-B: APPEAL/CUP 89-101/VESTING TPM
PACIFIC STREET: Mayor Pro Tempore Finkel
at this time, followed by Item 12-A and
was approved by Council consent.
21564/CONDOMINIUMS/639
moved to hear Item 12-C
then 12-B. The motion
12-C: APPEAL/CUP 90-015/RESTAURANT/1431 THIRD STREET PROMENADE:
Presented was an appeal of the Planning Commission Conditions of
Approval and the approval of CUP 90-015 to allow a
restaurant/bar/dance hall/billiards club in an existing building
at 1431 Third street Promenade. Applicant: Albert Mizrahi.
Appellant: Hanna Hartnell/Albert Mizrahi. council asked
questions of staff. Councilmember Genser moved to continue this
item to the meeting of September 25, 1990. Second by Mayor Pro
Tempore Finkel. Discussion was held. The motion was approved by
the following vote:
Council vote: Affirmative: councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
At 9: 05 P. M., council adj ourned for a short recess.
P.M., Council reconvened.
At 9: 26
12-A: APPEAL/CUP 90-005/CONDOMINIUMS/1405 OCEAN PARK BOULEVARD
(RESUMED) : Eric Meller, representing the applicant/appellant,
spoke in favor of the appeal. Bruce Favish, representing 2525
14th street Homeowners Association, spoke in opposition to the
project. Members of the public John Bersinger, Joe Williams,
Barbara Myers, Myra Mayesh, Bea DeKoninck, Barbara Brown, Nickie
Jessup, Suzanne Brewer, Brian Kristen, Leslie Darwin, Jon Udell,
Marguerite Spears, Mark Rosenthal, Eric Chen, Joy Fullmer, Art
Casillas, and wiley Greiner spoke in opposition to the proposed
project. Member of the public Rosemary Elton spoke in support of
the proposed project. Appellant Selivestr Savarovsky addressed
Council in support of the proj ect. Council asked questions of
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Mr. savarovsky. Eric Meller addressed Council to rebut pertinent
issues. Discussion was held. Councilmember Katz moved to uphold
the appeal and deny the project. Second by Councilmember Reed.
Discussion was held. The motion was approved by the following
vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed
Negative: Mayor Zane
Absent: Councilmember Jennings
Mayor Zane requested that the record reflect that he voted "noli
on this item because, while he feels that the project is out of
scale with the neighborhood, the remedy should be to remand it to
the Planning Commission for resolution by reducing the project's
scale.
Councilmember Katz moved to extend the meeting to
Second by Councilmember Reed. The motion was
approved, Councilmember Jennings absent.
11:45 P.M.
unanimously
12-B: APPEAL/CUP 89-101/TPM 21564/639 PACIFIC STREET: Presented
was an appeal of the Planning Commission conditional approval of
CUP 89-101 and vesting TPM 21564 for a three-unit condominium
development at 639 Pacific street. Applicant/Appellant: Bernard
Leger. Council asked questions of staff. At 11:10 P.M., Mayor
Zane declared the public hearing opened. There being no one
wishing to speak, the public hearing was closed. councilmember
Genser moved to approve the staff recommendation to modify the
Planning Commission's conditions of approval by revising Special
Condition #2 of the statement of Official Action and include a
clarification that the pitched roof shall be no higher than 23'
at the perimeter after which it begins to slope upward. Second
by Mayor Pro Tempore Finkel. The motion was approved by the
following vote:
council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: councilmember Jennings
l4-A: CITY COUNCIL/RENT CONTROL SPECIAL JOINT MEETING:
Presented was Councilmember Reed's request to discuss the request
of the Rent Control Board to schedule a joint session with the
City Council to study proposed changes to the Rent Control Law.
Councilmember Reed moved to SChedule the joint m.eeting of the
Rent Control Board and the city council on July 19, 1990, at 7:30
P.M., in a location with adequate seating and cable
accessibility. Second by Mayor Zane. The motion was unanimously
approved, Councilmem.ber Jennings absent.
l4-B: OPEN SPACE: The request of Councilmember Jennings to
discuss encouraging open space by allowing taller, less dense
development was continued to the meeting of July 24, 1990.
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14-C: APPOINTMENTS TO BOARDS AND COMMISSIONS: Presented was the
matter of the Annual Appointments to City Boards and commissions.
Mayor Pro Tempore Finkel moved to table the annual appointments
of members to various city Boards and Commissions to the meeting
of July 31, 1990. The motion was duly seconded and unanimously
approved, Councilmember Jennings absent.
14-0: CHARTER REVIEW COMMITTEE: Presented was Councilmember
Reed's and Mayor Zane's request to discuss the appointment of a
Committee to review the city Charter. Discussion was held.
Councilmember Reed moved to direct the City Attorney to draft an
Ordinance creating a Charter Review Committee charged with the
review of the sections of the city Charter which address the
method of selecting the city Attorney and City Clerk; review the
sections on compensation and benefits for Councilmembers and
Commissioners; review the need for Charter Boards and
Commissions; review the need for a Health Officer: and to review
such technical clean-ups as brought to their attention by the
city Attorney: and holding in abeyance those sections that
pertain to the Council and Mayor and selection of same and return
with recommendations at the September 25, 1990, meeting.
councilmember Genser moved to amend the motion that if the CURE
(Citizens United to Reform Elections) initiative is not included
on the November ballot, that this item be automatically
considered by the Charter Review Committee. The amendment was
accepted as friendly. Second by Councilmember Katz.
Councilmember Reed moved to amend her motion to include the
mechanism for appointing the committee with each Councilmember
appointing two members to the cOl1U.'L\ittee and the Chair of the
committee be selected by a vote of the Council. Discussion was
held. The motion, as amended, was unanimously approved,
Councilmember Jennings absent.
14-E: SAND AND SEA CLUB: Presented was Councilmember Katz's
request to discuss the Sand and Sea Club: public access to the
facility and the beach; setting the date for the public hearing
on July 17, 1990; and schedUling council action for the meeting
of July 31, 1990. Councilmember Katz initiated discussion and
moved to set a public hearing for July 17, to schedule Council
action on July 31~ 1990, regarding the termination of the lease,
and the eviction of the Sand and Sea club. Second by
Councilmember Reed. Councilmember Genser moved an amendment to
direct staff to investigate interim uses for the site. The
amendment was accepted as friendly. Councilmember Katz moved to
extend the meeting to 12:00 A.M. Second by Councilmember Reed.
The motion was unanimously approved, Councilmember Jennings
absent. Discussion was held. The above motion was unanimously
approved, Councilmember Jennings absent.
14-F: PEACE AND ECOLOGY COMMISSION: Presented was Mayor Pro
Tempore Finkel i s request to discuss the appointment of
individuals to a Task Force to investigate and study the creation
of a Peace and Ecology commission. Mayor Pro Tempore Finkel
moved to schedule nominations for, and the appointment of members
to the Task Force at the meeting of July 31, 1990; and to
instruct the City Attorney to prepare the necessary resolution.
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Second by Mayor Zane. The motion was approved, Councilmembers
Katz and Reed opposed, Councilmember Jennings absent.
14-G: COUNCIL CHAMBERS FEE/FAIR POLITICAL PRACTICES COMMISSION:
Presented was Mayor Zane's request to discuss waiving the fee for
the use of the Council Chambers by the California Fair Political
Practices Commission on September 10, 1990. Mayor Zane moved to
invite the California Fair Political Practices Commission to use
the Council Chambers free of charge for their upcoming FPPC
Campaign Workshop scheduled for september 10, 1990. Second by
Councilmember Katz. The motion was unanimously approved,
Councilmember Jennings absent.
CLOSED SESSION: Not held.
15. PUBLIC INPUT: There were no members of the public wishing
to be heard.
ADJOURNMENT: At 11:55 P.M., the meeting was adjourned in memory
of Mitch Snyder, homeless advocate.
~~.
Clarice E. Jo
City Clerk
APPROVED:
1 () ""\ ? <::}J ~
l/O-r I ~ --
Dennis Zane
Mayor
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July 10, 1990