CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 22, 1989
A regular meeting of the Santa Monica City Council was called to order
by Mayor Zane at 6:05 p.m., on Tuesday August 22i 1989, in the Council
Chambers.
Roll Call: Present:
Also Present:
Mayor Dennis Zane
Mayor Pro Tempore David B. Finkel
Councilmember Judy Abdo
Councilmember Ken Genser
(arrived during Closed Session)
Councilmember Herbert Katz
Councilmember Christine E. Reed
(arrived during Closed Session)
Absent: Councilmember William H. Jennings
City~Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
CLOSED SESSION: At 6:07 p.m., Council adjourned to Closed Session for
the purpose of considering personnel matters and the following
litigation: Shell Oil Company v. City of Santa Monica, United States
District Court Case No. CV 82-2362-RJK; Shell California Pipeline
Company v. City of Santa Monica, Los Angeles Superior Court Case No. C
714002; City of Santa Monica v. Shell Oil Co.; Shell Pipe Line Corp., a
Maryland Corp.; Shell California Pipeline Company, a California Corp.,
Los Angeles Superior Court Case No. C 714602; and the acquisition
of,real property commonly known as the Bergamot parcel, located south
of Olympic between 26th and Stewart Streets. The City's negotiators are
John Jalili, Hank Dittmar, and Linda Mills-Coyne and they were
authorized - to meet with Southern Pacific Transportation Company's
negotiators who are Doug Stephenson, Assistant General Counsel and
Linda Hill, Real Estate Sales Manager. At 7:44 p.m., Council
reconvened. No action was announced from Closed Session.
Councilmember Genser led the assemblage in the Pledge of
Allegiance to the Flag of the United.States of America.
REDEVELOPMENT AGENCY SPECIAL MEETING:
At 7:45 p.m., Chairperson Zane convened a special meeting of the
Redevelopment Agency.
Redevelopment Agency
Roll Call: Present: Chairperson Dennis Zane
Chairperson Pro Tempore David B. Finkel
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August 22, 1989
Agency Member Judy Abdo
Agency Member Ken Genser
Agency Member Herbert Katz
Agency Member Christine E.
Reed
Absent: Agency Member William H.
Jennings
RA-1: MINUTES APPROVAL: Presented for approval were the
Redevelopment Agency Minutes of July 25, 1989. Agency Member
Reed moved to approve the minutes as presented. Second by
Agency Member Katz. The motion was unanimously approved,
Agency Member Jennings absent.
At 7:47 p.m., the special meeting of the Redevelopment Agency
was adjourned and the regular City Council meeting was
reconvened.
Councilmember Reed moved to amend, the order of the agenda and
hear all 13-Items at t time. Second by Councilmember Genser.
The motion was unanimously approved, Councilmember Jennings
absent.
13-A: CHRISTOPHER HARDING/PRACTICE AND PLAYING SPACE FOR
AMERICAN YOUTH SOCCER ORGANIZATION: Presented was the request
of Christopher M. Harding to address Council regarding lack of
adequate practice and playing space for American Youth Soccer
organization in Santa Monica, continued from August 8, 1989.
Mr. Harding waived his time to address Council regarding this
issue.
13-B: PENNY PERLMAN/PLAYING FIELDS IN CITY PARKS: Presented was
the request of Penny Perlman to address council regarding the
state of. the City Parks-and, shortfall of playing fields,
continued from August 8, 1989. Ms. Perlman- expressed her
concerns regarding-the lack of gym space and practice fields
for youth 'sports in Santa, Monica, and requested that, Council
review the City's Open Space Plan and the allocation of of open
space resources.
13-C: MIKE BERKOFSKY/LIGHTING FOR PARK SPACE: Presented was the
request of Mike Berkofsky, Regional Commissioner of American
Youth Soccer organization, to address council regarding
insufficient and badly lit park space in the City, continued
from August 8, 1989. Mr. Berkofsky expressed his concerns
regarding poorly lit playing fields used by small children for
sports practice in the evenings. Mr. Berkofsky presented Mayor
Zane with a AYSO soccer ball, and urged Council to support
efforts to allow youth sports to utilize the playing field at
Santa Monica College, and Santa Monica schools.
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13-D: SUSAN WILSON/INADEQUATE SPACE AND GAME TIME IN CITY
PARKS: Presented was the request of Susan C. Wilson to address
Council
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August 22, 1989
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Clarice E.
Johnsen
regarding inadequate space and game time in City parks, continued from
August 8, 1989. Ms. Wilson expressed her concerns regarding space f or
team sports in the Airport Development Project, the lack of park space,
and the lack of recreational facilities.
Councilmember Katz moved to hear from a member of the public requesting
to speak on this matter. Second by Councilmember Reed. The notion was
unanimously approved, Councilmember Jennings absent. Member of the
public Joy Fullmer expressed her support for increased open space and
playing fields for youth sports.
Councilmember Abdo moved to direct staff to assist in discussions with
Santa Monica College regarding utilizing their playing fields for youth
sports, and to refer the matter of developing long range options to the
Recreation and Parks Commission. Second by Mayor Pro Tempore Finkel.
Discussion was held. The motion was unanimously approved, Councilmember
Jennings absent. Council further instructed concerned members of the
public to speak before the College Board of Trustees at their next
meeting.
13 -E: PETER BERKE/NORTH OF WILSHIRE RESIDENTS MORATORIUM TASK FORCE:
Presented was the request of Peter Berke to address Council regarding
the composition of the NOWR moratorium task force, continued from
August 8, 1989. Mr. Berke requested that Council instruct the N.S.C.
not to interfere until the North of Wishire Residents has free
elections for representatives to the North of Wilshire Residents
Moratorium Task Force, and instruct the Planning Department to work
with the North or Wilshire Residents. Mayor Pro Tempore Finkel moved to
hear from a member of the public requesting to speak on this matter.
Second by Councilmember Genser. The motion was approved, Councilmember
Jennings absent. Betty Bunnell spoke in support of the comments
expressed by Peter Berke. No Council action was taken on Mr. Berke's
request.
JOHN JURENKA/INCREASE IN UTILITY AND MAINTENANCE FtES PASSED ON
TO TENANTS: Presented was the request of John Jurenka to , address
Council regarding City Charter requiring the tenants to 'pay the cost of
increased utility fees and City maintenance fees. Mr. Jurenka requested
that Council inforce a provision of the City Charter that allows
increases in utility fees to be passed on to tenants. No Council action
was taken on Mr. Jurenka's request.
13-G: DANIEL DOTY/WHEELCHAIR ACCESSIBLE FACILITIES FOR THE HOMELESS:
Presented was the request of Daniel Doty to address Council regarding
absence of facilities equipped to assist adult males in wheelchairs who
are homeless. Councilmember Genser moved to hear from a member of the
public wishing to speak on this matter after Mr. Doty. Second by
Councilmember Reed. The motion was unanimously approved, Councilmember
Jennings absent. Mr. Doty expressed his concerns regarding the lack of
wheelchair accessible homeless shelters, and suggested.the development
of an
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August 22, 1989
office that would provide vacant rent controlled units for the homeless
in exchange for maintenance, or clerical assistance or whatever kind of
assistance the prospective tenant is physically capable of providing.
Member of the public Gayle Knowlton expressed her support for the
concerns stated by Mr. Doty. Discussion was held. Council directed Mr.
Doty to contact members of the Rent Control Board regarding the
Inclusionary Housing Program. Staff assured Council that the issue of
wheelchair accessibility for City funded homeless -facilities would be
reviewed at the City Council meeting of September 12, 1989.
13-H: ARTHUR F. ESKELIN/REVOCABLE ENCROACHMENT PERMITS: Presented was
the request of Arthur F. Eskelin to address Council regarding issuance
of revocable encroachment permits. Mr. Eskelin requested that Council
take action to rectify abuses of Section 9040.8a of the Santa Monica
Zoning Ordinance, relating to the heights of fences and walls, and to
consider revoking all encroachments. Mayor Pro Tempore Finkel moved to
refer the matter to staff for investigation. Second by Councilmember
Katz. The motion was unanimously approved, Councilmember Jennings
absent.
13-1: CAROLYN BEHAR/PRODUCTION OF "ANNIE" AT BARNUM HALL: Presented was
the request of Carolyn Behar to address Council regarding production of
"Annie" and stimulating community support for restoring Barnum Hall. Ms.
Behar, representing the Santa Monica Civic Light Opera, invited the
Mayor and Councilmembers to be their guests at the performance of the
musical "Annie," being performed August 17, 18, 19, 20, 24, 25, and 26,
at Barnum Hall, on the Santa Monica High School campus. Ms. Behar
further urged Council to support the restoration of Barnum Hall for
community use. No council action was taken on Ms. Behar's request.
6. CONSENT CALENDAR: The Consent Calendar was presented whereby al
items are considered and approved in one.motion unless removed from the
calendar for discussion. Councilmember Reed moved to approve the
Consent Calendar with the exception of Items 6-E, and 6-F. 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-A: MINUTES APPROVAL: The City Council minutes of August 1, and August
8, 1989, were approved as presented.
6-B: HEARING OFFICERS FOR EMPLOYEE DISCIPLINARY HEARINGS: Ordinance No.
1491(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 21061 To THE SANTA MONICA MUNICIPAL CODE
IMPLEMENTING THE USE OF A HEARING OFFICER IN EMPLOYEE DISCIPLINARY
HEARINGS," was adopted.
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August 22, 1989
6-C: TAX-INCREMENT FUNDS FOR AFFORDABLE HOUSING: Resolution No.
7877(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA APPROVING THE PROVISION OF LOW AND MODERATE
INCOME REPLACEMENT HOUSING AND FINDING THAT EXPENDITURE FOR SUCH
HOUSING WILL BE. OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT
PROJECT l(a);11 and Resolution No.' 7878(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE PROVISION OF LOW AND MODERATE INCOME REPLACEMENT
HOUSING AND FINDING THAT EXPENDITURE FOR SUCH HOUSING WILL BE OF
BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT 1 (b) , 11 thereby
amending Resolutions Number 7848(CCS) and 7849(CCS) to be
consistent with resolutions adopted by the Redevelopment Agency
on July 25, 1989, finding the allocation of tax-increment funds
for affordable housing activities to be of benefit to the City's
three redevelopment project areas, were adopted.
Staff Report
6-D: BIKE LANES ON 14TH STREET BETWEEN PICO BOULEVARD AND
WASHINGTON AVENUE: A resolution authorizing City Manager to apply
for $27,175 of SCAG pedestrian and bicycle facility funds for the
installation of bike lanes on 14th Street between Pico
Boulevard and Washington Avenue and make necessary account
adjustments was withdrawn at the request of staff.
6-G: FINAL TRACT MAP 46149/CONDOMINIUM PROJECT/219 BAY STREET:
Resolution No. 7880(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 20502,11 thereby approving
Final Tract Map No. 20502 for a 4-unit condominium project at 219
Bay Street, was adopted.
6 -H: FINAL TRACT MAP 46149/CONDOMINIUM PROJECT/1420 PRINCETON
STREET: Resolution No. 7881(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 46149,11 approving Final
Tract Map No. 46149 for a 5-unit condominium project at 1420
Princeton, was adopted.
6-1: FINAL MAP 46208/TENANT-PARTICIPATING CONVERSION/2621-2625
SIXTH STREET: Resolution No. 7882(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46208,11 thereby
approving Final Map 46208 for a 10-unit tenant-participating
conversion project at 2621-2625 Sixth Street, was adopted.
6-J: FINAL MAP 46229/TENANT-PARTICIPATING CONVERSION/3107 THIRD
STREET: Resolution No. 7883(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 46229,11 thereby approving
Final Map 46229 for a 6-unit tenant-participating conversion
project at 3107 Third Street, was adopted.
6-K: FINAL MAP 46646/TENANT-PARTICIPATING CONVERSION/515-521 SAN
VICENTE: Resolution No. 7884(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
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August 22, 1989
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46646,11 thereby
approving Final Map 46646 for a 17-unit tenant-participating conversion
project at 515-521 San Vicente Boulevard, was adopted.
6-L: PACIFIC SHORE ASSOCIATES/ LENDER FINANCING REQUIREMENT: A
recommendation to authorize City Manager to execute Addendum No. 5 to
the Lease Agreement with Pacific Shore Associates Limited Partnership
to accommodate lender financing requirement, thereby amending Contract
No. 1740(CCS), was approved.
6-M: STATEMENT OFOFFICIAL ACTION/RETAIL/COMMERCIAL
DEVELOPMENT/2233 PICO BOULEVARD: A recommendation to certify the
Statement of Official Action upholding Planning Commission's
denial of DR 432, CUP 500 and 501, ZA 5304-Y, VAR 89-008 and EIR
850 for a two story/301, 76,074 square foot Retail/Commercial
Development at 2233 Pico Boulevard, pursuant to Council action on
July 25, 1989, was approved.
6-N: STATE SENATE BILL 140/STATE-LOCAL TRANSPORTATION DEMONSTRATION
PROGRAM FUNDS: Resolution No. 7885(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL, OF THE CITY OF SANTA MONICA AUTHORIZING THE APPROVAL OF
THE SENATE BILL 140 APPLICATION," thereby approving the application
submitted for State Senate Bill 140 State-Local Transportation
Demonstration Program Funds, was .adopted.
6-0: FINAL MAP 46689/TENANT-PARTICIPATING CONVERSION/608-610 STRAND
AVENUE: Resolution No. 7886(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR TRACT NO. 46689,11 thereby adopting Final Map 46689
for a 13-unit tenant-participating conversion project at 608-610 Strand
Ave, was adopted.
6-P: ALTERNATE PARADE ROUTE/GRANb OPENING OF THIRD STREET
PROMENADE: Resolution No. 7887(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
HOLDING OF A PARADE ON SEPTEMBER 16, 1989, ON A ROUTE OTHER THAN
THE OFFICIAL CITY PARADE ROUTE," thereby approving request of the
Bayside District for an alternate parade route for the Grand,
Opening of the Third Street Promenade.
6-Q: SEARCH BUILDERS/TIE BACKS UNDER PARKING STRUCTURE NO. 1: A
recommendation to authorize the City Manager to execute Contract No.
5423(CCS), a license agreement with Search Builders allowing the
placement of tieback devices/vertical beams under City property upon
payment of negotiated fees and completion of all other conditions of
the license apreement; increase the budget in Revenue Account No.
77-926-260-000-000 by $125,025; and to continue the Parking Authority
action on this item to September 5, 1989, was approved.
END OF CONSENT CALENDAR
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August 22, 1989
6-E: COMMERCIAL RELOCATION GUIDELINES: Presented was a Resolution
approving commercial relocation guidelines for entities being
displaced by the acquisition of real property. Member of the public
Joy Fullmer expressed her concerns regarding the proposed
resolution. The City Attorney recommended.that the item be continued
to the next Council meeting. Councilmember Genser moved moved to
continue this item to the Council meeting of September 5, 1989.
Second by Councilmember Reed., The motion was unanimously
approved, Councilmember Jennings absent.,
6-F: FINAL PARCEL MAP 19937/CONDOMINIUM PROJECT/2824 ARIZONA AVENUE:
Presented was a resolution approving Final Parcel Map 19937 for
4-unit condominium project at 2824 Arizona Avenue. Member of the
public Joy Fullmer expressed her concerns regarding the
conversion of rental units to condominiums. Councilmember Reed
moved to adopt Resolution No. 7879(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 19937,11 reading by title only
and waiving further reading thereof. Second by Mayor Pro Tempore
Finkel. The motion was unanimously approved,
Councilmember,Jennings absent.
At 9:15 p.m., Council adjourned for a short recess. At 9:30 p.m.,
the meeting was reconvened.
8-A: SHELL CALIFORNIA PIPELINE COMPANY/FRANCHISE AGREEMENT:
Presented was a staff report transmitting an ordinance for
introduction and first reading granting a franchise to Shell
California Pipeline Company to operate, maintain, inspect, remove,
replace and abandon a pipeline and appurtenant facilities in
certain public streets of the City of Santa Monica, and resolution
finding categorical exemption and certifying the Final Environmental
Impact Report. Council asked questions of staff. At 9:34 p.m., Mayor
Zane declared the public hearing opened. Joy Fullmer expressed her
concerns regarding the granting of the franchise. Walter Schwartz
spoke in support of the proposed franchise agreement. At 9:36 p.m.,
there being no one else wishing to speak, Mayor Zane declared the
public hearing closed. Councilmember Reed moved to adopt Resolution
No. 7888(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA FINDING CATEGORICAL EXEMPTION AND CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED EASEMENT
FRANCHISE RENEWAL OF THE SHELL OIL COMPANY VENTURA-WI124INGTON CRUDE
OIL PIPELINE," reading by title only and waiving further reading
thereof, thereby certifying the Environmental Impact Report. 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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August 22, 1989
Mayor Pro Tempore Finkel moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA GRANTING
A FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY TO OPERATE, MAINTAIN,
INSPECT, REPAIR, REMOVE, REPLACE AND ABANDON A PIPELINE AND APPURTENANT
FACILITIES IN CERTAIN PUBLIC STREETS OF THE CITY OF SANTA MONICA,"
reading' by title only and waiving further reading thereof, and thereby
approving a new franchise agreement with Shell California Pipeline
Company. 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
8-B: RESIDENTIAL PLUMBING FIXTURE REBATE AND SURCHARGE PROGRAM:
Presented was a staff report transmitting an ordinance for introduction
and first reading adding Section 7200A to the Santa Monica Municipal
Code establishing a residential plumbing fixture rebate and surcharge
program. Council asked questions of staff. At 9:45 p.m., Mayor Zane
opened the public hearing. John Jurenka, Joy Fullmer, Donna Alvarez,
Elaine Dobrin, Chester Hoover, Fred Fitzgerald, Archie Arzooyan, and
Walter Schwartz spoke in opposition to the proposed ordinance and in
favor of allowing the cost of the plumbing retrofit program to be
passed on to tenants. At 10:05 p.m., there being no one else wishing to
speak, Mayor Zane declared the public hearing closed. Discussion was
held. Councilmember Reed moved to introduce the ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 7200A TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A
RESIDENTIAL PLUMBING FIXTURE REBATE AND SURCHARGE PROGRAM," reading by
title only and waiving further reading thereof, with respect to the
Residential Plumbing Fixture Rebate Program, and to excise the language
in the ordinance with regard to the surcharge program, and to hold that
in abeyance until some later consideration. Second by Councilmember
Katz. The City Attorney indicated for the record that the changes would
be As follows: The words, "AND SURCHARGE," would be deleted from the
title of the ordinance and municipal Code Section
Subdivision(b) would be deleted in its intirety. Subdivision(c; would
become', Subdivision(b). The words, "or relieved of the obligation to
pay a surcharge," and the words, "reimpose,;the surcharge, or do both,"
would be eliminated, from the Inew Subdivision(b). The motion to
introduce the ordinance as amended 'was approved by the following vote:.
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
Mayor Pro Tempore Finkel moved to instruct staff to return to
Council with proposals, with respect to all issues which bear
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August 22, 1989
upon the implementation of Subdivision(b) of the proposed ordinance,
on an evening subsequent to the holding of a study session regarding
the implementation of a surcharge, and the costs involved, and to
invite members of the Rent Control Board to attend the study
session. Second by Councilmember Reed. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
Councilmember Reed moved to postpone Council's consideration of
Items 9-A, and 9-B, until the end of the agenda. Second by
Councilmember Katz. The motion was unanimously approved,
Councilmember Jennings absent.
11-A: INITIATIVE ESTABLISHING A BEACH OVERLAY DISTRICT: Presented
was a report of the City Clerk on the certification from the County
Registrar-Recorder of an initiative establishing a Beach Overlay
District. The City Clerk reported that the petition contained valid
signatures in excess of 10%, but less that 15%, of the registered
voters in the City of Santa Monica as verified by the County
Registrar-Recorder. Council asked questions of staff. '
Councilmember Katz moved to continue this matter for 30 days to
allow staff to return to Council with a report on the cost of
holding an election, and the fiscal impacts of both initiatives that
have been submitted to the City Clerk. Second by Councilmember Reed.
Discussion was held. During discussion, the motion was amended to
include an analysis of the internal consistency of both measures
with the City's current Housing Element, Zoning Code, and General
Plan. Councilmember Genser moved a substitute motion to limit
staff's analysis to only the various economic effects of the
different options in scheduling the election or elections. Second by
Mayor Pro Tempore Finkel. Mayor Zane moved to continue Council's
consideration of this item to later in the meeting (after Item 12-B)
so that staff may present Council with some broad categories of
examination that staff is confident can be accomplished in the 30
day period provided for in the State Elections Code. Second by
Councilmember Abdo. Discussion was held. The motion to continue this
item to later in the meeting was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Reed, Mayor Zane
Negative:
Councilmember Katz
Absent: Councilmember Jennings
11-B: LOAN AGREEMENT WITH L.A.COUNTY TRANSPORTATION
COMMISSION/PURCHASE AGREEMENT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY/BERGAMOT PROPERTY: Presented was a staff
August 22, 1989
report transmitting a recommendation to authorize City
Manager to execute a loan agreement with the Los Angeles
County Transportation Commission and to execute a purchase
agreement with the Southern Pacific Transportation Company
for the Bergamot property; a 9.5 acre parcel located along
the south side of the railroad right-of-way north of
Michigan Street and Stewart Avenue, to be used as a rail car storage
and light maintenance yard. Members of the public Ed Folse,
Peter Zimmerman, Donna Alvarez Bob Gutierrez Paul Rosenstein,
David G. Cameron
property. Joy underground toxic the Avenue between 26th
andspoke in support of the acquisition of this
Fullmer expressed her concerns regarding
materials. Councilmember Reed moved to
approve staff recommendations, thereby authorizing the City
Manager to execute the Purchase Agreement with the Southern
Pacific Transportation Company for the acquisition of the
Bergamot property for the amount of $17,250,000, contingent
upon
receipt of a loan in the amount of $6,900,000 from the Los
Angeles County Transportation Commission; authorizing the
City
Manager to execute a Loan Agreement with the Los Angeles
County
Transportation Commission for the amount of $6,900,000 to
assist
in the purchase of the Bergamot. property from the Southern
Pacific Transportation Company; approving the revenue and
expenditure budget adjustments as set forth in the staff
report;
authorizing the City Manager to take whatever additional
actions
as may be required to accomplish the purchase and loan; and
appropriating an additional $140,000 of Santa Monica Rail
Reserve
Funds for the purpose of soils investigation and offsetting
the
closing costs that may be encountered in the next 30 days.
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
11-C: PARKING DEMAND STUDY/SENIOR HOUSING PROJECT/1116-46
FOURTH STREET: The matter of a report on the results of a
parking demand study for the proposed senior housing project
on Parking Lot 4 at 1116-46 Fourth Street and recommendation
to proceed with proposed project, was continued to the
meeting of September 5, 1989.
11-D: INDUSTRIAL WASTEWATER CONTROL PROGRAM: A
recommendation to approve an expanded Industrial Wastewater
Control Program, make budgetary amendments, and adopt a
resolution establishing industrial wastewater control fees,
was continued to the meeting of September 5, 1989.
Councilmember Genser moved to extend the meeting past 11:00
p.m. Second by Councilmember Abdo. The motion was
unanimously approved, Councilmember Jennings absent.
11-E: CLOSED SESSION: Not held.
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August 22,
1989
12-A: PLANNING COMMISSION APPEAL/1413 5TH STREET: Presented was staf
f report transmitting an appeal of the Planning Commission denial of
Conditional Use Permit 534 and Variance ZA 5395-Y to allow the
operation of an 180 seat restaurant and issuance of General Alcohol
License to allow on-site consumption at 1413 5th Street.
Applicant/Appellant: Pacif ic Court Holdings. Council asked
questions of staff. Council asked questions of staff. Don Wheeler
spoke on behalf of the applicant/appellant in support of the appeal.
Members of the public Martin Sosin, Don Franzen, John Sedlar, Sidney
Sharp, Greg Spiess, and Geraldine Spira spoke in support of the
appeal. Discussion was held. Councilmember Katz moved to remand this
matter to the Planning commission until the applicant is able to
secure a lease for the additional 19 parking spaces, and direct the
Planning Commission to review the conditions set forth by staff to
allow the restaurant to operate at night, as well as during the day.
Second by Councilmember Genser. Discussion was held. Councilmember
Reed moved a substitute motion to uphold the appeal and direct staff
to issue the conditional use permit, the variance, and the alcohol
license, and to further direct that staff craft the conditions
necessary for Council's approval on the Consent Calendar. Such
conditions shall be the demonstration of adequate parking to support
the intended number of seats prior to the granting of the
Certificate of Occupancy, or whatever mechanism staff feels can be
administratively issued to tie the condition of additional parking
to the restaurant's ability to proceed. Second by Mayor Pro Tempore
Finkel. The substitute motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz,
Reed, Mayor Zane
Negative: Councilmember Genser
Absent: Councilmember Jennings
12-B: AVENUE:
PLANNING COMMISSION APPEAL/HOTEL DEVELOPMENT/1746 OCEAN
Presented was an appeal of the Planning Commission
approval of Development Review 425, Variance 89-006, EIA 868,
1746 Ocean Avenue, six story, 138,369 square-foot Hotel with 221
parking spaces provided in a three-level subterranean garage.
Resolution certifying the Final Environmental Impact Report.
Applicant: Maguire Thomas Partners. Appellant: Sharon Gilpin
and Laurel Roennau. Councilmember Genser stepped down from the
dais during Council consideration of this item due to a possible
conflict of interest. Appellants Sharon Gilpin, Michael Lesley,
and Laurel Roennau spoke in support of the appeal, and in
opposition to the project. Dan Kingsley spoke on behalf of the
applicant, in opposition to the appeal, and in support of the
project. Members of the public Emily Silcock, Darsie Anderson,
Curtis Sams, David Lewis, Estelle Seiger, Bob Gabriel, and
Rosalie Sherwood spoke in opposition to the appeal, and in
support of the project. Stephanie Barbanell, Sally Reinman, John
Bodin, Eric Chen, Russ Shaver, Donald Lewin Nelson, and Michael
11
August 22, 1989
Brourman spoke in support of the appeal and expressed concerns
regarding the quality of the Environmental Impact Report.
Councilmember Katz moved to hear from a member of the public who
submitted a late request to speak on this item. Second by Mayor
Pro Tempore Finkel. The motion was approved, Councilmember
Jennings absent. Member of the public Jack Baptista expressed his
concerns regarding the quality of the EIR, and spoke in opposition
to the project. Dan Kingsley spoke on behalf of the applicant, in
rebuttal to remarks made in opposition to the project.
At 10:15 p.m., Council adjourned for a short recess. At 10: 25
p.m., Council reconvened.
Councilmember Reed moved to adopt Resolution No. 7890(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CERTIFYING THE FINAL ENVIRONMENTAL EMPACT REPORT ON THE
1733 OCEAN AVENUE OFFICE BUILDING AND THE 1746 OCEAN AVENUE
HOTEL," reading by title only and waiving further reading thereof,
and thereby certifying the environmental impact report. Second by
Councilmember Abdo. Discussion was held. The motion was approved
by the following vote:
Council vote: Affirmative:
Councilmembers Abdo, Katz, Reed,
Mayor Zane
Negative: Mayor Pro Tempore Finkel
Absent: Councilmembers Genser, Jennings
Councilmember Reed moved to deny the appeal, uphold the decision
of the Planning Commission, and adopt the conditions stipulated by
the Planning Commission. Second by Councilmember Katz. The motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Katz, Reed
Negative: Councilmembers Finkel, Mayor Zane
Absent: Councilmembers Genser, Jennings
Mayor Pro Tempore Finkel requested that the record reflect that
his "no" vote is not predicated upon a value judgement that he
has made regarding the desirability or the merits of the hotel,
or the design, but rather based, upon his inability to -
determine
what the environmental impact of the project is going to be, and
therefore he feels that he can not intelligently cast a
supportive vote. I
The Planning Commission decision, on this project, stands.
11-A: INITIATIVE ESTABLISHING BEACH OVERLAY DISTRICT (CONTINUED):
Discussion was held. Councilmember Genser restated his motion that
staff's analysis be limited to only the fiscal
12
August 22, 1989
issues related to the various scheduling options for elections, and
nothing else, and to report back in thirty days. The motion was
previously seconded by Mayor Pro Tempore Finkel. The motion failed
by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Genser
Negative: Councilmembers Abdo, Katz, Reed,
Mayor Zane
Absent: Councilmember Jennings
Discussion was held. Councilmember Reed I s original motion to direct
staff to perform a limited study failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Katz, Reed
Negative: Councilmembers Finkel, Genser, Mayor
Zane
Absent: Councilmember Jennings
Mayor Pro Tempore Finkel moved to set a date for a special election
in June of 1990, to consider these initiatives. Second by
Councilmember Genser. Discussion was held. Councilmember Genser
withdrew his second.
Councilmember Genser moved to direct staff to perform a 30 day study
to examine the fiscal impacts of various election dates, and
evaluate both initiatives with respect to the California Coastal
Act. Second by Mayor Pro Tempore Finkel. The motion failed by the
following vote:
Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor
Zane
Negative: Councilmembers Abdo, Katz, Reed
Absent: Councilmember Jennings
Councilmember Katz moved to continue this matter for 30 days to
allow staf f to return to Council with a report on the cost of
-holding a special election versus the cost of a regular election;
the revenue impacts of both initiatives that have been submitted to
the City Clerk; issues relating to City land use policies; State of
California Department of Parks and Recreation issues; and Coastal
Act issues. Second by Councilmember Reed. The motion was approved by
the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz,
Reed, Mayor Zane
Negative: Councilmember Genser
13
August 22, 1989
Absent: Councilmember Jennings
Councilmember Genser requested that the record ref lect that his
negative vote is because he feels that it is inappropriate to put
City staff in the position of having to make subjective analyses
about matters that will go before 'the voters, and because he thinks
that the direction being given by the Council is of a nature that
will provide information that will slant the result of the
investigation towards one initiative over another.
14-A: VETERANS MEMORIAL MONUMENT: The request of Councilmember Reed
to discuss relocation of Veterans Memorial Monument, continued from
August 8, 1989, was continued to the meeting of September 5, 1989.
14-B: SISTER CITY ASSOCIATION: The request of Mayor Zane to discuss
the Sister City Association's relations to the City was continued to
the meeting of September 5, 1989.
14-C: HOMELESSNESS IN SANTA MONICA: The request of Mayor Zane to
discuss problems related to homelessness in Santa Monica was
continued to the meeting of September 5, 1989.
14-D: HOUSING ELEMENT REVISION: The request of Mayor Zane to discuss
proposals for inclusion in Housing Element Revision was continued to
the meeting of September 5, 1989.
14-E: UNITED NATIONS ENVIRONMENT PROGRAMME: The request of Mayor
Zane to discuss distribution of "Personal Action Guide for the
Earth" pamphlet from the United Nations Environment Programme was
continued to the meeting of September 5, 1989.
9-A: MEMORANDUM OF
UNDERSTANDING/MUNICIPAL EMPLOYEES
ASSOCIATION: Presented was a recommendation to adopt a resolution
approving a memorandum ~-of Understanding with~ the Municipal
Employees Association (MEA). Councilmember Katz moved to approve the
staff recommendation and adopt Resolution No. 7689(CCS) entitled: -
"A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL
EMPLOYEES ASSOCIATION," reading by title only and waiving further
reading thereof, thereby authorizing the City Manager to execute
Contract No. 5424(CCS). Second by Councilmember Reed. The motion was
approved by the following vote:
Council vote: Affirmative; Councilmembers Abdo, Finkel,.Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
9-B: EXECUTIVE. PAY PLAN: The matter of a Resolution for adoption
revising the Executive Pay Plan was continued to the meeting of
September 5, 1989.
14
August 22, 1989
ADJOURNMENT: Councilmember Reed moved to adjourn this meeting to
August 23, at 6:00 p.m., soley for the purpose of any necessary
reconsideration of Item 11-B; and to adjourn to Tuesday, September
5, at 7:30 p.m., for the purpose of considering Items 6-E, 6-Q, 9-B,
11-C, 11-D, 14-A, 14-B, 14-C, 14-D, and 14-E. Second by
Councilmember Katz. The motion was unanimously approved,
Councilmember Jennings absent. At 2:35 a.m., the meeting was
adjourned.
ATTEST:
Clarice E. Johnsen City Clerk
15
APPROVED:
Dennis Zane Mayor
August 22, 1989
'eT