CITY OF SANTA MONICA
CITY COUNCIL MEETING 05/09/89
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
4-A: PROCLAMATION/GOOD POSTURE MONTH/CHIROPRACTIC WELLNESS WEEK:
Mayor Zane presented a proclamation designating the month of May
as "Good Posture Month" and the week of May 15th through 21st as
"Chiropractic Wellness Week" in the City of Santa Monica, to Dr.
Donald Williams.
6-A: MINUTES APPROVAL: The City Council minutes of April 11,
1989, were approved as written.
6-B: ZONING DISTRICT AMENDMENT/1448 24TH STREET: Ordinance No.
1477(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING ZONING DISTRICT AMENDMENT 33 WHICH
AMENDS THE DISTRICTING MAP TO CHANGE THE ZONING OF A PROPERTY IN
THE CITY OF SANTA MONICA," was adopted, thereby amending the
districting map to change the zoning of a property located at
1448 24th Street in the City of Santa Monica.
Staff Report
6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7803(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-89-136/137)" was adopted, thereby setting a public hearing
for June 13, 1989, on the assessment of costs to repair damaged
sidewalks, driveways, and curbs on various streets.
Staff Report
6-D: PHYSICALLY HANDICAPPED PARKING ZONE/1032-1040 YALE STREET:
Resolution No. 7804(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE
FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 1032-1040 YALE STREET"
was adopted.
Staff Report
6-E: RETAIL SPACE LEASES/PARKING STRUCTURES NO. 5 AND NO. 6: A
recommendation to authorize the City Manager to Negotiate and
Execute five leases for retail space in Parking Structures No. 5
and No. 6, located in the Bayside District area was approved,
thereby authorizing the City Manager to negotiate and execute a
lease with A CHANGE OF HOBIT, LTD., Contract No. 5318(CCS) for
space in Parking Structure No. 6 on Second Street; a lease with
Best Hardware, Contract No. 5319(CCS); a lease with Garbo Shoe
Repair, Contract No. 5320(CCS); a lease with Peter's Barber Shop,
Contract No. 5321(CCS); and a lease with the Santa Monica Area
Chamber of Commerce, Contract No. 5322(CCS), for spaces in
Parking Structure No. 5 on Fourth Street.
Staff Report
6-F: BEACH CONCESSION CONTRACT/PIZZA WORKS, INC.: A
recommendation to authorize the City Manager to negotiate and
execute a modification to Contract No. 5020(CCS) with Pizza
Works, Inc., for the operation of the Beach concession stands,
resulting in a revision in the annual rental payment due the
City, was approved.
Staff Report
6-G: FINAL TRACT MAP 46285/CONDOMINIUM DEVELOPMENT/957 5TH
STREET: Resolution No. 7805(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 46285," was approved,
thereby approving Final Tract Map 46285, for a 6-unit condominium
at 957 5th Street.
Staff Report
6-H: NO WATER WASTE ORDINANCE: A recommendation to direct the
City Attorney to prepare a "No Water Waste" ordinance
incorporating voluntary and mandatory provisions for permanent
water conservation practices (described in the staff report dated
May 9, 1989) was approved.
Staff Report
7-A: DAMAGED 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 7:36 p.m., Mayor Zane
declared the public hearing opened. There being no one wishing
to speak, Mayor Zane declared the public hearing closed.
Councilmember Reed requested the record to reflect that Council
was presented with several written protests on this item, and
moved to acknowledge the protests and adopt Resolution No.
7806(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," reading by title only and waiving further reading
thereof, thereby confirming the assessments, per the staff
recommendation, including the revision in the assessment for 1351
Pacific Street. Second by Councilmember Katz. Discussion was
held. During discussion, the motion was amended to withdraw from
the motion, the property at 1520 Bay Street, and to direct staff
to review the assessment for this property and to bring the
assessment for this particular property back to Council for
independent action. The motion, as amended, was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
8-A: DEVELOPMENT MORATORIUM/NORTH OF WILSHIRE/EMERGENCY
ORDINANCE: Presented was a staff report transmitting an
emergency ordinance for introduction and adoption establishing a
45 day moratorium on development in the area bounded by Ocean
Avenue, 14th Street, Wilshire Boulevard, and Montana Avenue.
Council asked questions of staff. At 7:55 p.m., Mayor Zane
declared the public hearing opened. Linda Wilson, Joy Fullmer,
Betty Bunnell, Frances Troy, Peter Berke, Kelvin Jones, Allen
Zahner, and Suzanne Abrescia spoke in support of the proposed
development moratorium. Tim Harris expressed his concerns
regarding the proposed moratorium and requested that Ocean Avenue
be excluded from the moratorium area. Councilmember Katz moved
to hear from members of the public who submitted requests to
address Council after the item had been called. Second by
Councilmember Genser. The motion was unanimously approved,
Councilmember Jennings absent. Michael Naim and Karl Schober
spoke in opposition to the proposed development moratorium. At
8:40 p.m., Mayor Zane declared the public hearing closed. Mayor
Pro Tempore Finkel moved to approve the staff recommendation,
adopt the findings stated in the staff report,and introduce for
first reading and adoption Emergency Ordinance No. 1478(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CREATING A MORATORIUM ON RESIDENTIAL DEVELOPMENT IN THE
AREA BOUNDED BY OCEAN AVENUE, MONTANA AVENUE, THE EAST SIDE OF
14TH STREET AND WILSHIRE BOULEVARD AND DECLARING THE PRESENCE OF
AN EMERGENCY," reading by title only and waiving further reading
thereof. Second by Councilmember Genser. Discussion was held.
Councilmember Reed moved to amend the motion to create a new
exemption category for this moratorium, that would exempt all
projects where the existing non-conforming buildings would be
replaced. Non-conforming, for the purpose of this particular
exemption category shall mean those buildings with heights and
densities in excess of todays zoning, and/or those buildings with
parking at less than today's zoning standards. Second by
Councilmember Katz. The motion to amend failed by the following
vote:
Staff Report
Council vote: Affirmative: Councilmembers Katz, Reed
Negative: Councilmembers Abdo, Finkel, Genser,
Mayor Zane
Absent: Councilmember Jennings
The main motion to approve the staff recommendation, adopt the
findings and introduce and adopt the emergency ordinance was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Mayor Zane
Negative: Councilmember Reed
Absent: Councilmember Jennings
Councilmember Reed requested the record to reflect that the
reason for her voting "no" is that she believes that the findings
in this ordinance are not accurate. She especially believes that
finding J cannot reasonably be made, in that the normal
redevelopment of this neighborhood would rectify the lack of
parking, the stress on the sewers, and would also facilitate a
reduction in overall densities to the degree that non-conforming
properties are replaced by projects at today's lower densities
and higher parking standards.
8-B: VEHICULAR TRAFFIC ON THE THIRD STREET PROMENADE: Presented
was a staff report transmitting an ordinance for introduction and
first reading adding section 3347c to the Santa Monica Municipal
Code and amending Municipal Code Section 3612 to permit vehicular
traffic on the Third Street Promenade traveling at a rate of 15
miles per hour or less. Council asked questions of staff. At
9:01 p.m., Mayor Zane declared the public hearing opened. Tom
Carroll representing the Bayside District Corporation, addressed
Council in support of the proposed ordinance and recommended that
the Third Street Promenade be closed to vehicular traffic during
the day until approximately 3:00 p.m., and suggested that Section
3612 of the Municipal Code be amended to read: "Subject to such
restrictions as may be established by the Parking and Traffic
Engineer, and in consultation with the Bayside District
Corporation." Peter Berke addressed Council regarding the
concerns expressed by the residents of the adjacent neighborhood.
At 9:15 p.m., the public hearing was declared closed. Discussion
was held. Mayor Pro Tempore Finkel moved to approve the staff
recommendation and introduce for first reading and ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 3347C TO THE MUNICIPAL CODE AND AMENDING
MUNICIPAL CODE SECTION 3612 TO PERMIT VEHICULAR TRAFFIC ON THE
THIRD STREET PROMENADE TRAVELLING AT A RATE OF 15 MILES PER HOUR
OR LESS;" and to direct staff to return to Council with
recommendations for Council action, on a subsequent occasion,
with respect to how best to regulate and monitor the hours and
times vehicles may use the street. Councilmember Reed moved to
amend the ordinance Section 3612, to add the following language
to the end of the Section: "In no event shall traffic use be
permitted on the Third Street Promenade without specific
authorization by the City Council adopted in resolution form."
The amendment was accepted as friendly by the maker and second of
the main motion. The motion to approve the staff recommendation
and introduce the ordinance for first reading, as amended, was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
During discussion, staff was directed to return before Council
with a resolution specifying the appropriate hours for vehicular
traffic to be evaluated every three months after implementation.
8-C: TRUCK ROUTES: Presented was an ordinance for adoption and
second reading adding section 3359 to the Santa Monica Municipal
Code to codify with the Amendments Provisions relating to truck
routes contained in Ordinance No. 709(CCS), introduced April 25,
1989. Councilmember Katz moved to approve the staff
recommendation and adopt Ordinance No. 1479(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 3359 TO THE SANTA MONICA MUNICIPAL CODE TO CODIFY WITH
AMENDMENTS PROVISIONS RELATING TO TRUCK ROUTES CONTAINED IN
ORDINANCE NUMBER 709(CCS)," reading by title only and waiving
further reading thereof. Second by Councilmember Genser. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
11-A: PERMANENT ART WORK FOR SOUTH BEACH: Presented was a staff
report transmitting a recommendation to authorize the City
Manager to negotiate and execute a contract for permanent art
work on the South Beach. Council asked questions of staff. At
10:01 p.m., Mayor Zane declared the public hearing opened.
Albert Rosen, Sharon Jaquith, Lyn Coyne, and Edgar Hirst spoke in
opposition to the proposed work of art to be placed on the South
Beach. Elaine Hoffman, Bruria Finkel, J. Marx Ayres, Lloyd
Hamrol, Carol Wells, Tony Berlant, Paul Leaf, Tom Rhoads, and
Joyce Kozloff spoke in support of the proposed work of art.
Councilmember Genser moved to hear from a member of the public
who submitted a request to address Council after the item had
been called. Second by Councilmember Katz. The motion was
unanimously approved. Roger Genser address Council in support of
the proposed work of art. Councilmember Katz moved to authorize
the City Manager to negotiate and execute Contract No. 5323(CCS)
with artist Nancy Holt to construct and install Solar Web at the
site recommended in the staff report dated May 9, 1989, and to
approve the budgetary changes set forth above. Second by
Councilmember Abdo. Discussion was held. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Mayor Zane
Negative: Councilmember Reed
Absent: Councilmember Jennings
Councilmember Reed requested the record to reflect that her
reasons for opposing the placement of this work of art on the
beach are that she believes that the structure is too big, and is
particularly ugly because it is painted black.
11-B: PARKING FEES/PARKING METER ZONES: Presented was a staff
report transmitting a recommendation to adopt resolutions and
prepare an ordinance pertaining to increases in fees and rates
for parking meters, parking lots, and parking structures, and the
establishment of new parking meter zones. Council asked
questions of staff. Member of the public, Joy Fullmer expressed
her concerns regarding a raise in parking meter rates.
Discussion was held. Mayor Pro Tempore Finkel moved to approve
staff recommendations 1, 2, and 4, on behalf of the City Council,
thereby adopting Resolution No. 7807(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE REGULATIONS FOR THE ADMINISTRATION OF THE CIVIC
AUDITORIUM;" Resolution No. 7808(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA INCREASING ON-STREET
PARKING METER PERMIT FEES;" and Resolution 7809(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING PARKING STRUCTURE PERMIT FEES," reading all by title
only and waiving further reading thereof; and further directing
the City Attorney to prepare an ordinance to amend applicable
subsections of Section 3393 of the Santa Monica Municipal Code to
establish parking meter zones on certain portions of Pico
Boulevard, Lincoln Boulevard, Ocean Park Boulevard, and Montana
Avenue; and to increase city-wide parking meter rates as proposed
in the staff report dated May 9, 1989. Second by Councilmember
Katz. Councilmember Genser moved to amend the motion on the
floor to delete staff recommendation 2 regarding the adoption of
a resolution increasing the parking fee in the Civic Auditorium
parking lot. The motion to amend the motion on the floor died
for lack of a second. Councilmember Katz moved to amend the main
motion to omit the establishment of parking meter zones along
Ocean Park Boulevard until residents and businesses have been
notified and staff has reviewed the residential area of Ocean
Park Boulevard. The amendment was accepted as friendly the maker
and second of the main motion. Councilmember Genser moved to
amend the main motion to request that staff study the issue of
parking in the Civic Center with the intent of finding ways to
facilitate members of the public doing business with the people
in City Hall. The amendment was accepted as friendly by the
maker and second of the main motion. The motion, as amended, was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Negative: Councilmember Jennings
Chairperson Pro Tempore Finkel moved to approve staff
recommendation number 3, on behalf of the Parking Authority,
thereby adopting Resolution No. 208(PAS) entitled: "A RESOLUTION
OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA ESTABLISHING
MONTHLY PARKING PERMIT FEES FOR PARKING LOTS 3, 4, 7, 8, 9, 11
AND 12;" and Resolution No. 209(CCS) entitled: "A RESOLUTION OF
THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA ESTABLISHING
PARKING METER RATES IN LOTS 2, 3, 4, 6, 8, 9, 10, 11, 12, 17, 18
AND 26," reading by title only and waiving further reading
thereof. Second by Authority Member Katz. The motion was
approved by the following vote:
Parking Authority
vote: Affirmative: Authority Members Abdo, Finkel,
Genser, Katz, Reed, Chairperson Zane
Absent: Authority Member Jennings
11-C: CLOSED SESSION: Held at the end of the meeting.
12-A: PLANNING COMMISSION APPEAL/RETAIL PARKING LOT/2901 OCEAN
PARK BOULEVARD: An appeal of Planning Commission denial of
proposed Development Review 88-002 to allow a modification to an
existing retail center parking lot at 2901 Ocean Park Boulevard;
Applicant: Naim Perry; Appellant: Saleh Shalomi, was continued
to the meeting of June 13, 1989, at the request of the applicant.
Staff Report
13-A: ROGER GENSER/APPOINTMENTS TO THE ARTS COMMISSION:
Presented was the request of Roger Genser to address Council
regarding appointments to fill vacancies on the Arts Commission,
within the context of the proposed Arts Commission/Foundation
merger. Mr. Genser urged Council to do an extensive outreach to
members of the performing arts community and minorities, and to
fill the vacancies as soon as possible. Discussion was held.
During discussion, staff was directed to respond to the concerns
expressed by Mr. Genser, and to provide an information item on
the composition and size of the Arts Commission at the next
regular Council meeting.
14-A: SENATE BILL 552/OIL COMPANIES/FRANCHISE FEES: Presented
was the request of Mayor Zane to discuss opposition to SB 552
(Russell) which will limit the amount of Franchise Fees that
Charter Cities can charge to oil companies. Mayor Zane initiated
discussion and moved to express Council's opposition to this
Senate Bill 552, and to direct the City's lobbyist to initiate
efforts in opposition to this legislation; authorize travel by
any and all Councilmembers to be able to testify in opposition to
this legislation; and to direct staff to keep Council well
informed regarding the progress of this legislation. Second by
Councilmember Genser. The motion was unanimously approved.
14-B: MULTIPLE HOUSING ZONE: Presented was the request of
Councilmember Reed to discuss the creation of a new Multiple
Housing Zone. Councilmember Reed initiated discussion and moved
to direct staff to investigate all non-residential zones in the
City as additional possibilities for the development residential
zoning. Second by Councilmember Genser. Discussion was held.
Mayor Pro Temore Finkel moved to amend the motion to add that
staff be directed to consider developing incentives to add
housing in with the commercial uses in the commercial zones. The
amendment was accepted as friendly by the maker and second of the
main motion. The motion, as amended, was unanimously approved.
14-C: PROGRAM 12 OF HOUSING ELEMENT: Presented was the request
of Mayor Zane to discuss revisions to Program 12 of the Housing
Element (Inclusionary Housing). Mayor Zane initiated discussion
and moved to direct staff to place an item on a future agenda to
allow a full discussion regarding the effectiveness of the
current program and options that Council might pursue. Second by
Mayor Pro Tempore Finkel. Discussion was held. As a result of
Council discussion, Mayor Zane withdrew his motion, with the
intent of holding off on this item until the public hearings of
the draft revisions of the Housing Element.
14-D: REMOTE CONTROL MODEL AIRCRAFT AND HELICOPTERS: Presented
was the request of Councilmember Reed to discuss the need for
regulations and/or restrictions on remote control model aircraft,
helicopters, etc. Councilmember Reed initiated discussion and
moved to request that the Recreation and Parks Commission examine
this issue to see if there is a need for regulation. Second by
Councilmember Katz. The motion was unanimously approved.
14-E: SUPPORT FOR LOBBYING EFFORTS/AMERICAN OCEAN CONSERVATION
COMMITTEE: Presented was the request of Mayor Zane to discuss
support for the lobbying efforts of the American Ocean
Conservation Committee. Mayor Zane initiated discussion and
moved to authorize a $5,000 allocation to the American Ocean
Conservation Committee from the City's Hotel Bed Tax Funds.
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
14-F: COUNCIL SUPPORT/NATIONAL COMPREHENSIVE AFFORDABLE HOUSING
ACT: Presented was the request of Mayor Zane to discuss a
proposed resolution of the City Council supporting the National
Comprehensive Affordable Housing Act, H.R. 4727. Mayor Zane
initiated discussion and moved to approve Resolution No.
7810(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA SUPPORTING THE NATIONAL COMPREHENSIVE AFFORDABLE
HOUSING ACT, H. R. 4727," reading 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, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
14-G: FUTURE PROGRAM 10 COMPLIANCE: Presented was the request
of Councilmember Abdo to direct the City Attorney to prepare an
ordinance providing that projects seeking demolition must comply
with any future Program 10 ordinance. Councilmember Abdo
initiated discussion and moved to direct the City Attorney to
draft an ordinance to impose a condition on projects seeking a
demolition permit that would commit developers to comply with any
future Program 10 Ordinance. Second by Councilmember Genser.
Discussion was held. The motion was approved, Councilmembers
Reed and Katz opposed, Councilmember Jennings absent.
11-C: CLOSED SESSION: Presented was a request for Closed
Session. At 12:07 a.m., Council adjourned to Closed Session for
the purpose of considering the following cases: Santa Monica
Rent Control Board v. City of Santa Monica, et al., Santa Monica
Superior Court Case No. WEC 136 258. At 12:18 a.m., Council
reconvened. Mayor Zane announced that no action had been taken
in Closed Session.