CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 12, 1989
A regular meeting of the Santa Monica City Council was called to
order by Mayor Zane at 7:34 p.m., on Tuesday September 12, 1989, in
the Council Chambers.
Roll Call: Present:
Also Present:
CLOSED SESSION: Not held.
Mayor Dennis Zane
Councilmember Judy Abdo (arrived at 7:40
p.m.)
Councilmember Ken Genser
Councilmember William H. Jennings
Councilmember Herbert Katz (arrived at 8:55
p.m.)
Councilmember Christine E. Reed
Absent: Mayor Pro Tempore David B. Finkel
City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
Councilmember Jennings led the assemblage in the Pledge of Allegiance
to the Flag of the United States of America.
4-A: RECOGNITION OF PAST SERVICE/BOARD AND COMMISSION MEMBERS: Mayor
Zane presented plaques to the following Board and commission members
in recognition of their past service to the city: Suzanne Shellaby,
Landmarks Commission; Laverne Ross Commission on the Status of Women;
Barbara Coffman I Building and Safety Commission; and Joyce Budzeleski,
Housing Commission. The following former board and commission members
were unable to attend the meeting to receive their plaques: Frederick
Harris, Recreation and Parks Commission; Robert Brackett, Electrical
Board of Appeals; Miriam Conner, Housing Commission; Phyllis Gould-
Nitti, Commission on the Status of Women; Nancy Greenstein, Convention
and Visitors Bureau; and Eileen Hecht, Planning commission.
At 7:40 p.m., Mayor/ Chairperson Zane convened a special joint
meeting of the Santa Monica City Council, Redevelopment Agency,
Housing Authority, and Parking Authority.
Redevelopment Agency
Roll Call: Present: Chairperson Dennis Zane
Agency Member Judy Abdo
Agency Member Ken Genser
Agency Member William H. Jennings Agency
Member Christine E. Reed
Absent: Chairperson Pro Tempore David B. Finkel
Agency Member Herbert Katz
Also Present:
Housing Authority Roll Call:
Present:
Also Present:
Parking Authority
Roll Call: Present:
Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Clarice E. Johnsen
Chairperson Dennis Zane commissioner Judy Abdo Commissioner
Ken Genser Commissioner William H. Jennings Commissioner
Christine E. Reed
Absent: Vice Chairperson David B. Finkel
Commissioner Herbert Katz
Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Johnsen
Chairperson Dennis Zane
Authority Member Judy Abdo
Authority Member Ken Genser
Authority Member William H. Jennings
Authority Member Christine E. Reed
Absent: Chairperson Pro Tempore David B. Finkel
Authority Member Herbert Katz
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Johnsen
RA-1: REDEVELOPMENT AGENCY MINUTES: Presented for approval were the Redevelopment
Agency minutes of August 22, 1989. Agency Member Genser moved to approve the minutes as
presented. Second by Agency Member Reed. The motion was unanimously approved, Agency
Members Finkel and Katz absent.
HA-1: HOUSING AUTHORITY MINUTES: Presented. for approval were the Housing Authority
minutes of June 2-7, 1989. commissioner Genser moved to approve the minutes as presented. Second
by Commissioner Abdo. The motion was unanimously approved, Commissioners Finkel and Katz
absent.
CC/RA/HA/PA-2: YEAR END BUDGET ADJUSTMENTS FY 1988-89/YEAR END
PERFORMANCE REVIEW AND CAPITAL IMPROVEMENT PROGRAM REPORT/BUDGET
ADJUSTMENTS FY 1989-90:
transmitting a request
Presented was a staff report
to approve year-end budget
adjustments for Fiscal Year 1988-89; transmitting the year-end Performance Review
and Capital Improvement Program status report as of June 30, 1989; requesting selected
budget adjustments for Fiscal Year 1989-90 and approval of one position reclassification
and one position transfer; requesting approval of resolutions for Redevelopment Agency and
City- Council acknowledging the benefit of the Fifth Street freeway off-ramp and
authorizing payment of final construction cost billings. Council asked questions of staff.
Councilmember Reed moved on behalf of the City Council, to approve the year-end budget
adjustments for Fiscal Year 1988-89; to approve the transmittal of the year-end
Performance Review and Capital Improvement Status Report as of June 30, 1989; and the
approval of one reclassification and one position transfer. Second by Councilmember
Genser. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmembers Finkel, Katz
Agency Member Abdo moved on behalf of the Redevelopment Agency to approve the year-
end budget adjustments for Fiscal Year 1988-89; and to approve the transmittal of the year-
end Performance Review and Capital Improvement Status Report as of June 30, 1989.
Second by Agency Member Genser. The motion was approved by the following vote:
Redevelopment Agency vote: Affirmative: Agency Members Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent: Agency Members Finkel, Katz
Commissioner Genser moved on behalf of the Housing Authority, to approve the year-end
budget adjustments for Fiscal Year 1988-89; and to approve the transmittal of the year-end
Performance Review and Capital Improvement Status- Report as of June 30,
1989.
Second by Commissioner Reed. The motion was approved by the
following vote:
Housing Authority vote: Affirmative:
Commissioners Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent:
Commissioners Finkel, Katz.
Authority Member Jennings moved on behalf of the Parking Authority to approve the year-
end budget adjustments for Fiscal Year 1988-89; and to approve the transmital of the year-
end Performance Review and Capital Improvement Status Report as of June 30, 1989.
Second by Authority Member Abdo. The motion was approved by the following vote:
Parking Authority vote:
Affirmative: Authority Members Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent: Authority Members Finkel, Katz
Councilmember Abdo moved on behalf of the City Council to adopt
Resolution No. 7892(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA DETERMINING CERTAIN PUBLIC IMPROVEMENTS
TO BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT AREA AND
DETERMINING THAT NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC
IMROVEMENTS IS AVAILABLE TO THE CITY OF SANTA MONICA AND CONSENTING
TO THE PAYMENT BY THE SANTA MONICA REDEVELOPMENT AGENCY OF THE COST
OF CONSTRUCTION OF SUCH PUBLIC IMPROVEMENTS," reading by title only
and waiving further reading thereof, therefore acknowledging the
benefit of the Fifth Street freeway off-ramps and authorizing payment
of final construction cost billings. Second by Councilmember Reed.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmembers Finkel, Katz
Member of the public Joy Fullmer addressed Council regarding
calculation errors in the Year-End Budget Review document, and
stressed the need for a pedestrian traffic signal at the intersection
of the Fifth Street off-ramp and Lincoln Boulevard.
Agency Member Reed moved on behalf of the Redevelopment Agency to
adopt Resolution No. 429 (RAS) entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE OF
BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT AREA AND DETERMINING
THAT NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS
IS AVAILABLE TO THE CITY OF SANTA MONICA AND AUTHORIZING THE COST OF
CONSTRUCTION OF SUCH PUBLIC IMPROVEMENTS, 11 reading by title only and
waiving further reading thereof, thereby acknowledging the benefit of
the Fifth Street freeway off-ramps and authorizing payment of final
cost billings. Second by Agency Member Abdo. The motion was approved
by the following vote:
Redevelopment Agency vote: Affirmative: Agency Members Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent: Agency Members Finkel, Katz
CC/PA-3: LEASE MODIFICATION WITH 100 WILSHIRE ASSOCIATES/PARKING
STRUCTURE 2: Presented was a staff report transmitting a
recommendation to authorize City Manager/ Executive Secretary to
negotiate and execute a lease modification to Contract No. 1828(CCS)
with 100 Wilshire Associates to provide 60 additional
parking spaces in Parking Structure 2, through restriping existing
spaces. City Council/Parking Authority Members asked questions of
staff. Councilmember Reed moved on behalf of the City Council to
approve the staff recommendation and authorize the City Manager to
execute a lease modification to Contract No. 1828(CCS) to provide 60
additional parking spaces. Second by Councilmember Abdo. the motion
was approved by the following vote:
Council vote: Affirmative: councilmembers Abdo, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmembers Finkel, Katz
Authority Member Abdo moved on behalf of the Parking Authority to
approve the staff recommendation and authorize the Executive
Secretary to negotiate and execute the lease amendment with 100
Wilshire Associates to provide additional parking spaces. Second by
Authority Member Reed. The motion was approved by the following vote:
Parking Authority vote: Affirmative:
Authority Members Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent: Authority Members Finkel, Katz
At 8:00 the joint meeting of the City Council, Redevelopment Agency,
Housing Authority, and Parking Authority was adjourned, and the
regular City Council meeting was reconvened.
5-A: PERSONAL ACTION GUIDE FOR THE EARTH/UNITED NATIONS ENVIRONMENT
PROGRAM: The request of Mayor Zane to discuss distribution of
"Personal Action Guide for the Earth" pamphlet from the United
Nations Environment Programme, continued from September 5, 1989, was
withdrawn at the request of Mayor Zane..
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. Councilmember Reed moved to approve the
Consent Calendar with the exception of Item 6-H, reading resolutions
and ordinances by title only and waiving further reading thereof.
Second by Councilmember Genser. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmembers Finkel, Katz
6-A: MINUTES APPROVAL: The City Council minutes of August 22 and
August 23, 1989, were approved as presented.
6-B: SHELL CALIFORNIA PIPELINE COMPANY/FRANCHISE: Ordinance No. 1492
(CCS) 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," was adopted.
6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7893 (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-89-148/149) , 11 thereby setting a public hearing
for October 10, 1989, on the assessment of costs to repair damaged
sidewalks, driveways, and curbs on various streets, was adopted.
6-D: SB 82VBICYCLE-PEDESTRIAN FUNDS/BIKE ROUTE SIGNAGE: Resolution
No. 7894(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER
SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN
PLAN," thereby approving the application for bicycle and/or
pedestrian funds under SB 821 in the amount of $27,175 to install
bike route signage on 14th Street between Pico Boulevard and
California Avenue, and additional signage in the City, was adopted.
6-E: PHYSICALLY HANDICAPPED PARKING ZONE/907 20TH STREET: Resolution
No. 7895 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY
HANDICAPPED ADJACENT TO 907 20TH STREET," was adopted.
6-F: PHYSICALLY HANDICAPPED PARKING ZONE/908 4TH STREET: Resolution
No. 7896 (CCS) entitled: . "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY
HANDICAPPED ADJACENT TO 908 4TH STREET, 11 was adopted.
6 -G: FINAL PARCEL MAP 17253/CONDOMINIUM/421 CALIFORNIA AVENUE:
Resolution No. 7897(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL
SUBDIVISION MAP FOR PARCEL NO. 17253,11 thereby approving Final Parcel
Map 17253 for a 3-unit condominium project at 421 California Avenue,
was adopted.
6-1: PIONEER BOULANGERIE LEASE AGREEMENT: A recommendation to
authorize the City Manager to renegotiate and execute a lease
agreement with Pioneer Boulangerie was continued to the City Council
meeting of September 19, 1989.
6-J: DIRECTIONAL SIGNS/PARKING AND TRAFFIC DIVISION: Bid No. 2240 was
awarded to Maneri Sign Company as the lowest and best bidder, to
furnish and deliver directional signs, at specified
unit prices, for the Parking and Traffic Division of the General
Services Department.
6-K: COTTON RAGS/VARIOUS DEPARTMENTS: Bid No. 2241 was awarded to A &
A Wiping Cloth, Inc., as the lowest and best bidder, to furnish and
deliver cotton rags, at specified unit prices, for various
departments
6-L: BRAKE SERVICE AND SUPPLIES/FLEET MANAGEMENT DIVISION: Bid No.
2242 was awarded to Delmer's Precision Brake Shop, as the 'lowest and
best bidder, to provide brake service and supplies for passenger cars
and light or heavy trucks, at specified manufacturer discounts and
hourly labor rate, for the Fleet Management Division of the General
Services Department.
6-M: FINAL TRACT MAP 46432/CONDOMINIUM/908 18TH STREET: Resolution
No. 7898(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR
TRACT NO. 46432,11 thereby rescinding Resolution No. 7869(CCS) and
approving Final Tract Map 46432 for a six-unit condominium project at
908 18th Street, was adopted.
6-N: SEWER DRAIN IMPROVEMENTS/STORM DRAIN IMPROVEMENTS/ RECORDATION
OF UTILITY EASEMENTS: A recommendation to award Contract No.
5433(CCS) to Colich & Sons in the amount of $421,632.00, for sewer
main improvements on Fourth Street and Pico Boulevard and Mount
Olivette Reservoir storm drain improvements, authorize necessary
change orders and adopt Resolution No. 7899(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING ACCEPTANCE, RECORDATION, AND PURCHASE OF TWO EASEMENTS
FOR UTILITY PURPOSES LOCATED NEAR MOUNT OLIVETTE RESERVIOR,"
authorizing acceptance and recordation of two utility easements
located adjacent to Mount Olivette Reservoir, was approved.
6-0: COMMERCIAL STREETLIGHT ASSESSMENT DISTRICT: A recommendation to
approve the formation of commercial streetlight assessment districts
on 7th Street, Colorado Avenue to Olympic Boulevard; and Lincoln
Boulevard, Colorado Avenue to Santa Monica Boulevard; and adopt
Resolution No. 7900(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY
REQUIRE THE CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS
INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON
VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 5384, WITHIN THE
CITY OF SANTA MONICA," and setting a public hearing for October 10,
1989, was approved.
6-P: WILSHIRE BOULEVARD LANDSCAPING CONTRACT: Contract No. 5434(CCS)
was awarded to Valley Crest Landscape, Inc., in the amount of
$716,854, as the lowest and best bidder, to landscape Wilshire
Boulevard between Ocean Avenue and Centinela Avenue. The City
Engineer was authorized to issue any change orders necessary to
complete additional work to the extent of funds
available in accordance with the Administrative Instruction on Change Orders.
6-Q: OZONE PILOT PLANT PROJECT/AGREEMENT WITH UCLA FOR LABORATORY
ANALYSES: A request to accept and appropriate grant funds for the Ozone Pilot Plant Project in the
amount of $100,000 and authorize the City Manager to negotiate and execute an agreement with UCLA
for laboratory analyses was continued to the City Council meeting of September 19, 1989.
6-R: PICO-KENTER STORM DRAIN EXTENSION: A resolution authorizing the City Manager to
grant and record an easement for the Pico-Kenter Storm Drain Extension was continued to the City
Council meeting of September 19, 1989.
6-S: SALARIES/CLASSIFICATION SPECIFICATIONS: Resolution No. 7901(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING
SALARY RATES FOR THE CLASSIFICATIONS OF ENVIRONMENTAL PROGRAMS
ADMINISTRATOR, ENVIRONMENTAL COORDINATOR, ENVIRONMENTAL
INSPECTOR, LEAD ENVIRONMENTAL INSPECTOR, HARZADOUS MATERIALS
TECHNICIAN, LEAD HAZARDOUS MATERIALS TECHNICIAN, ASSISTANT DIRECTOR
OF CULTURAL AND RECREATION SERVICES, AND EMPLOYEE BENEFITS
TECHNICIAN," was adopted.
Staff Report
END OF CONSENT CALENDAR
6-H: FAA GRANT/SECURITY FENCING, ACCESS GATES, SOUND WALLS/SANTAMONICA AIRPORT:
Presented was a staff report transmitting a recommendation to authorize the City
Manager to submit an application and execute a grant agreement with the Federal Aviation
Administration for a grant in the amount of $300,000 to construct and install security
fencing, access gates and soundwalls at the Airport and make necessary budget adjustments and
appropriations. Council asked questions - of staff. Councilmember Genser moved to approve the
staff recommendation, necessary budget adjustments and authorizing the City Manager
to apply for and execute Contract No. 5432(CCS), a grant agreement with the Federal Aviation
Administration in the amount of $300,000. Second by Councilmember Reed.
The motion was approved by the following vote:
thereby approving the
Council vote: Affirmative:
Councilmembers Abdo,Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmembers Finkel, Katz
7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staf f report and public hearing on the
assessment of costs to repair damaged sidewalks, driveways and .-curbs. At 8:06 p.m., Mayor Zane
declared the public hearing opened. There being no one wishing to speak, Mayor Zane declared the
public hearing closed. Councilmember Genser moved to acknowledge the protest received,
and adopt Resolution No. 7902 (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-89-146/147) 11 reading by title only and
waiving further reading thereof. Second by Councilmember Reed. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmembers Finkel, Katz
7-B: STREETLIGHT ASSESSMENT PUBLIC HEARING: Presented was a staff
report and a public hearing for streetlighting on 24th Street, Pico
Boulevard to Pearl Street; Franklin, Northerly City limits to City
reservoirs; Ashland, 4th Street to 6th Street; 15th Street, Broadway
to Colorado Avenue; Harvard Street, Montana Avenue to Wilshire
Boulevard; Delaware Avenue from Stewart Street to Warwick Avenue;
Pine street from Lincoln Boulevard to 7th Street; and 10th St at Ashland Avenue.
At 8:10 p, Mayor Zane declared the public hearing opened. Bernard Korn addressed
council in opposition to the street lighting assessment on his
property. . There being no one else wishing to speak, at 8:17 P.M..
Mayor Zane declared the public hearing closed. Councilmember Reed
moved to acknowledge Mr. Korn's protest and adopt Resolution No.
7903(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA FINDING THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION OF STREETLIGHTING AND ORDERING WORK ON 24TH STREET FROM
PICO BOULEVARD TO PEARL STREET, FRANKLIN FROM NORTHERLY CITY LIMITS
TO CITY RESERVOIRS, ASHLAND AVENUE FROM 4TH STREET TO 6TH STREET,
15TH STREET FROM BROADWAY TO COLORADO AVENUE,. HARVARD STREET FROM
MONTANA AVENUE TO WILSHIRE BOULEVARD, DELAWARE AVENUE FROM STEWART
STREET TO WARWICK AVENUE, PINE STREET FROM LINCOLN BOULEVARD TO 7TH
STREET, AND 10TH STREET AT ASHLAND AVENUE AS SET FORTH IN RESOLUTION
OF INTENTION NUMBER 7872(CITY COUNCIL SERIES) , 11 reading by title only
and waiving further reading thereof. Second by Councilmember Abdo.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Concilmembers Abdo, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmembers Finkel, Katz
8-A: RESIDENTIAL PLUMBING FIXTURE REBATE PROGRAM: Presented was a
staff report transmitting an ordinance for adoption and second
reading adding Section 7200A to the Santa Monica Municipal Code
establishing a residential plumbing fixture rebate program,
introduced August 22, 1989. Councilmember Abdo moved to approve the
staff recommendation, thereby adopting Ordinance No. 1493(CCS)
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
PROGRAM, 11 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, Genser,
Jennings, Reed, Mayor Zane
Absent: Councilmembers Finkel, Katz
8-B: OCEAN PARK REZONING PLAN: An ordinance for introduction and first reading amending
Article IX, Chapter 1, of the Santa Monica Municipal Code regarding the Ocean Park Rezoning Plan,
as recommended by the Planning Commission, was continued to the City Council meeting of September
19, 1989.
8-C: VENDING ORDINANCE: An ordinance for introduction and first reading adding Chapter 2C to
Article VI of the Santa Monica Municipal Code, amending Section 3376 of the Santa Monica Municipal
Code, and repealing Sections 3336, 3381, 4300, 5121, 6233A, 6233B, 6233C,and 6233D, of the
Santa Monica Municipal Code relating to vending, was continued to the City Council meeting of
September 19, 1989.
8-D: INDUSTRIAL WASTEWATER CONTROL PROGRAM: An ordinance for introduction and
first reading regarding modification to industrial wastewater control program, was continued to the
City Council meeting of September 19, 1989.
9-A: EXECUTIVE PAY PLAN: A resolution for adoption revising the Executive Pay Plan. (To be
considered following Closed Session), continued from September 5, 1989, was continued to the City
council meeting of September 19, 1989.
9-B: ADMINISTRATIVE TEAM ASSOCIATES: A resolution recognizing the Administrative ..Team
Associates (A.T.A.) as the bargaining unit representing certain City job classifications formerly
represented by 'the Municipal Employees Association (M.E.A.), was continued to the City Council
meeting of September 19, 1989.
Staff Report
10-A: RECREATION AND PARKS COMMISSION/REMOTE CONTROL MODEL AIRCRAFT
REGULATIONS: Presented was a staff report transmitting the recommendation of the Recreation and
Parks Commission to direct the preparation of an ordinance regulating remote control model aircraft.
Council asked questions of staff. Councilmember Genser moved to hear from members of the public
wishing to speak on this matter. , Second by Councilmember Reed. The motion was unanimously
approved, Mayor Pro Tempore Finkel and Councilmember Katz absent. Members of the public Kelly
Sutton, Andrew Sutton, and Michael Forester, spoke in opposition to an ordinance that would restrict
the operation of model aircraft in City parks without providing another location where they may be
operated * Councilmember Genser moved to hear from a member of the public who submitted a request
to speak on this item, after the item had
been called. Second by Councilmember Reed. The motion was unanimously approved,
Mayor Pro Tempore Finkel and Councilmember Jennings absent. Member of the public
Violet Vincent spoke in support of banning the operation of model aircraft in Stewart Park.
Mayor Zane moved to direct staff to prepare an ordinance providing that: "No person shall
land, take off or release any balloon (except childrens' toy balloons not inflated with any
flammable material), helicopter, parakite, hang glider, aircraft or powered models thereof,
except in designated areas." Second by Councilmember Reed. Councilmember Jennings
moved to amend the motion to include direction to staff to work with hobbyist groups to
determine if there are appropriate areas in the City for the safe use of powered models.
Second by Councilmember Genser. The amendment was accepted as friendly by the maker
and second of the main motion. During discussion, the motion was further amended to
provide an exemption for toy balloons that can be played with by adults as well as children.
The motion, as amended, was unanimously approved, Councilmembers Finkel and Katz
absent.
Staff Report
11-A: INDUSTRIAL WASTEWATER CONTROL PROGRAM: Presented was a staff report
transmitting a recommendation to approve an expanded Industrial Wastewater Control
Program, make budgetary amendments and adopt a resolution establishing industrial
wastewater control fees, continued from September 5, 1989. Council asked questions
At 8:55 p.m., Councilmember Katz entered the Council and took his place
at the dais. Member of the public
Thomas Bell spoke in opposition to the proposed fees for the expanded Industrial
Wastewater Control Program. Member of the public Joy Fullmer expressed her concerns
regarding the operation of the proposed program. Councilmember Reed moved to approve
the staff recommendation, thereby approving the expanded Industrial Wastewater Control
Program as described in the staff report dated September 5, 1989, and amended by the staff
report dated September 12, 1989; increase the budgeted industrial wastewater fee revenues
for Fiscal Year 1989-90 by $136,332.00 as stated in the amended staff report; add one
Environmental Inspector position and one Staff Assistant III position to the
Wastewater/Environmental Programs Division and appropriate $142,692 from the
Wastewater Fund to the line items described in the staff report; and adopt Resolution No.
7904(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESTABLISHING FEES FOR INDUSTRIAL WASTEWATER CONTROL PROGRAM
FEES," reading by title only and waiving further reading thereof. Second by Councilmember
Abdo. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
Jennings, Katz, Reed, Mayor Zane
Absent: Councilmember Finkel
11-B: VEHICULAR TRAFFIC/THIRD STREET PROMENADE: Presented was a staff
report transmitting a recommendation to adopt a resolution establishing hours to open and
close the Third Street Promenade
roadway to vehicular traffic. Council asked questions of staff.
Members of the public Richard Cohn, Bill Tucker, Lynn Smith, Neal
Rocklin, and Gwen Pentecost, spoke in support of allowing automobile
traffic f along the Third Street Promenade as long as possible each
day. Member of the public Luis de Castro stressed his concerns
regarding pedestrian safety, and proposed the use of bicycles, or an
electric tram, as alternatives to automobile traffic. Tom Carroll,
Executive Director of the Bayside District Corporation, requested
special holiday hours for automobile traffic on the Third Street
Promenade to assist merchants during the holiday season who have
suffered due to construction for the past year. Mildred Rosenstein,
and Paul Rosenstein spoke in support of limited vehicular traffic on
the Third Street Promenade. Boris Dramov and Tom Sargent of Roma
Design, spoke in support of limiting vehicular traffic on the Third
Street Promenade at specific times and on certain days of the week.
Staff Report
Discussion was held. Councilmember Katz moved to adopt Resolution No.
7905(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING THE HOURS WHEN THE THIRD STREET PROMENADE
WILL BE OPEN TO VEHICULAR TRAFFIC," reading by title only and waiving
further reading thereof, thereby establishing that the Third Street
Promenade will be closed to automobile traffic from 10:00 a.m., to 4:00
p.m., Monday, Tuesday, and Thursday, and from 10:00 a.m., to 8:00 p.m., on
Wednesday, Friday, Saturday, and Sunday. Second by Councilmember
Reed. councilmember Reed moved to amend the motion so that the hours
that the Promenade would be closed to automobile traffic would be
10:00 a.m., to 5:00 p.m., Monday, Tuesday, and Thursday, and 10:00
a.m., to 8:00 p.m., Wednesday, Friday, Saturday, and Sunday. Second
by Councilmember Abdo. Discussion was held. The motion to amend the
main motion failed by the following vote:
Council vote: Affirmative:
Councilmembers Abdo, Genser, Reed
Negative: Councilmembers Jennings, Katz, Mayor
Zane
Absent: Mayor Pro Tempore Finkel
Councilmember Jennings moved to close the Third Street Promenade to
automobile traffic from 11:00 a.m., to 3:00 p.m., on Monday, Tuesday,
and Thursday, and from 10:00 a.m., to 8:00 p.m., on Wednesday,
Friday, Saturday, and Sunday. The motion died for lack of a second.
Following Council discussion, Councilmember Katz modified his
original motion so that the hours that the Third Street Promenade
would be closed to automobile traffic would be from 10:00 a.m., to
4:30 p.m., Monday, Tuesday, and Thursday, and from 10:00 a.m.,
to 8:00 p.m., Wednesday, Friday, Saturday and Sunday
Councilmember Reed withdrew her second.
The modified motion was seconded by Mayor Zane.
Councilmember Reed moved to amend the motion so that the hours that
the Promenade would be closed to automobile traffic would be from
10:00 a.m., to 4:30 p.m., every day except Wednesday, when the
Promenade would be closed to automobile traffic from 10:00 a.m., to
8:00 p.m., and that staff be directed to return with a report
evaluating the need to extend the weekend hours when the Promenade
would be closed to traffic, as soon as staff is prepared to issue a
Certificate of Occupancy for the second group of theaters to open on
the Promenade. The amendment was accepted as friendly by the maker
and second of the motion. Discussion was held. The motion, as amended
by Councilmember Reed, was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser, Katz,
Mayor Zane
Negative: Councilmember Jennings
Absent: Mayor Pro Tempore Finkel
Mayor Zane moved that the Third Street Promenade shall be closed to
automobile traffic, during the period from Thanksgiving through New
Year's Day, during the hours of 11:00 a.m., to 3:00 p.m., everyday,
except for Wednesday which would be from 10:00 a.m., to 8:00 p.m.
Second by Councilmember Katz. The motion was approved by the
following vote:
Council vote: Affirmative: councilmembers Abdo, Genser,
Jennings, Katz, Mayor Zane
Negative: Councilmember Reed
Absent: Mayor Pro Tempore Finkel
Mayor Zane moved to allow bicycle traffic on the Third Street
Promenade roadway (not on the sidewalk) at all hours. Discussion was
held. The motion failed due to the lack of a second.
At 10:40 p.m., Council adjourned for a short recess. At 10: 55 p.m.,
Council reconvened.
Councilmember Katz moved to modify the order of the agenda and hear
Item 12-A, then Item 14-B. Second by Councilmember Reed. The motion
was approved, Mayor Zane opposed, Mayor Pro Tempore Finkel, and
Councilmember Genser absent.
Councilmember Abdo moved to hear Item 12-B after Item 14-B. Second by
Councilmember Reed. The motion was approved, Councilmember Jennings
opposed, Mayor Pro Tempore Finkel, and Councilmember Genser Absent.
Councilmember Reed moved to extend the meeting to 1:00 a.m. Second by
Councilmember Abdo. The motion was approved.
ll-C: CLOSED SESSION: The request for Closed Session for the purpose
of considering personnel matters and threatened litigation, pending
litigation and litigation to be commenced by the City was continued
to the City Council meeting of September 19, 1989.
12-A: APPEAL OF PLANNING COMMISSION/CLARE FOUNDATION RESIDENTIAL CARE
FACILITY/1865 9TH STREET: Presented was an appeal of Planning
Commission approval of CUP 89-005 and VAR 89-003 for a new two-story,
20 Bed Residential Care Facility and the conversion of an existing
two-story duplex to kitchen and dining facilities for the dormitory
and offices for the CLARE Foundation at 1865 9th Street. Applicant:
CLARE Foundation. Appellant: John Chung.
Staff Report
Mayor Zane moved to continue Item 12-B to the City Council meeting of
September 19, 1989. Second by Councilmember Jennings. The motion
failed.
Appellant, John Chung spoke in support of the appeal and in
opposition to the Planning Commission's approval of the expanded
CLARE Foundation facility. Kip McClure spoke on behalf of the
applicant, CLARE Foundation, in support of the project. Members of
the public Michael Stockdale, Roy Hartry, Art Francis, Pat Francis,
Becky Simmons, Joseph Ruiz, Ken Schonlau, Carol Mithers, and Paul
Rosenstein spoke in opposition to the appeal, and in support of the
expansion of the CLARE facility. Member of the public Larry Toy spoke
in support of the appeal. Appellant, John Chung spoke in rebuttal to
comments made by members of the public. Council asked questions of
staff.
Councilmember Reed moved to deny the appeal and uphold the decision
of the Planning Commission to approve Conditional Use Permit 89-005
and Variance 89-003 subject to the findings and conditions contained
tin the Planning Commission Statement of Official Action dated June
21, 1989. Second by Councilmember Katz. Discussion was held.
Councilmember Abdo moved to amend the motion to request a progress
report at 2-years, and a full review of the Conditional Use Permit at
5-years. Second by Councilmember Genser. Following clarification by
the City Attorney, Councilmember Abdo withdrew her motion. The City
Attorney proposed the following language to address the concerns
expressed by Council regarding the review of the project's
Conditional Use Permit: "The Planning Director shall report to the
Planning Commission within two years from the issuance of the
Certificate of Occupancy on compliance with the conditions of the
Conditional Use Permit and variance." Councilmember Reed amended her
original motion and substituted the language proposed by the City
Attorney for Condition No. 32, of the Special Conditions outlined in
the staff report dated September 12, 1989. The motion, as amended,
was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
Jennings, Katz, Reed, Mayor Zane
Absent: Mayor Pro Tempore Finkel
14-B: APPOINTMENTS TO PLANNING COMMISSION AND COMMISSION ON THE
STATUS OF WOMEN: Presented was the matter of the appointment of a
member to the Planning Commission, and the appointment of a member to
the Commission on the Status of Women (continued from August 8,
1989). Mayor Zane opened the floor to nominations for the Planning
Commission. Councilmember Katz nominated Clyde Smith. Councilmember
Reed nominated MaryLou 'Harbison. Councilmember Abdo nominated Paul
Rosenstein. Mayor Zane nominated Kathleen Schwally. The vote on the
nominations was as follows:
Clyde Smith:
MaryLou Harbison:
Paul Rosenstein:
Councilmember Katz
Councilmember Reed
Councilmembers Abdo, Jennings
Kathleen Schwally: Councilmember Genser, Mayor Zane
None of the nominees received a majority of the vote necessary f or
appointment. Therefore, Mayor Zane re-opened the floor to
nominations. Councilmember Abdo nominated Paul Rosenstein.
Councilmember Genser nominated Kathleen Schwally. The vote on the
nominations was as follows:
Paul Rosenstein: Councilmembers Abdo, Jennings, Katz, Reed
Kathleen Schwally: Councilmember Genser, Mayor Zane
Mayor Zane moved to appoint Paul Rosenstein to the Planning
Commission by acclamation. Second by Councilmember Genser. The motion
was unanimously approved, Mayor Pro Tempore Finkel absent. Paul
Rosenstein was thereby appointed to the Planning Commission for a
term expiring June 30, 1992,
Mayor Zane opened the floor to nominations to the Commission on the
Status of Women. Councilmember Abdo nominated Rita Lowenthal.
Councilmember Reed moved to appoint Rita Lowenthal by acclamation.
Second by Councilmember Katz. The motion was Unanimously approved,
Mayor Pro Tempore Finkel absent. Rita Lowenthal was thereby appointed
to the Commission on the Status of Women for a term expiring June 30,
1992.
12-B: APPEAL OF PLANNING COMMISSION/OFFICE BUILDING AND
CONDOMINIUM/2919-2923 WILSHIRE BOULEVARD: Appeal of Planning
commission approval of Development Review 468, Conditional Use
Permits 524 and 528, ZA 5382-Y and 5382A-Y, Tentative Tract Map 46411
and EIA 878 for a 4-story, 47,990 square foot office
building and 2-story plus loft, seven unit condominium to be located
at 2919-2923 Wilshire Boulevard. Applicant: Jovet, Inc. Appellant:
Conrad Melilli for Mid-City Neighbors. Council asked
questions of staff. Appellant Conrad Melilli spoke in
opposition to the project, and in support of the appeal. Applicant,
Mark Forbes on behalf of Jovet, Inc., spoke in support of the
project. Members of the public Bernard Ginsberg, Michael Brourman,
Pat Burke, Jack Baptista, Marion Weihe, Terry Sharton, Bill
Schroeder, Vivien Elmslie, and Karen Joyce spoke in opposition to the
project. The appellant spoke in rebuttal to comments made by the
applicant. The applicant spoke in rebuttal to comments made by the
appellant and members of the public. Discussion was held.
Councilmember Genser moved to affirm the decision of the Planning
Commission to approve Development Review 468, Conditional Use Permits
524 and 528 ZA, 5382-Y and 5382A-Y, Tentative Tract Map 46411 and
Certify EIA 878; to modify Condition 37 of the Development Review
Permit to direct the Architectural Review Board to modify the
appropriate step-backs on the Wilshire frontage by an additional
seven feet, up to ten feet, in order to mitigate the perceived mass
of the structure. Second by Councilmember Reed. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative:
Councilmembers Abdo, Genser, Reed,
Mayor Zane
Absent: Councilmembers Finkel, Jennings,
Katz
13-A: HERMAN ROSENSTEIN/HOMELESS PROBLEM: The request of Herman
Rosenstein to address Council regarding the homeless problem was
continued to the City Council meeting of September 19, 1989.
13-B: CHRISTOPHER HARDING/AVERAGE NATURAL GRADE: The request of
Christopher M. Harding to address Council regarding Zoning Ordinance
definition of term "Average Natural Grade," was continued to the City
Council meeting of September 19, 1989, at the request of Mr. Harding.
14-A: APPOINTMENTS TO BOARDS AND COMMISSIONS: The matter of the
appointment of members to Boards and Commissions, continued from
August 1, 1989, was continued to the City Council meeting of September
19, 1989.
14-C: SALE OF FIREARMS/15 DAY WAITING PERIOD: The request of Mayor
Pro Tempore Finkel to discuss direction to City Attorney to prepare
an ordinance prohibiting the sale of firearms for the duration of the
15 day waiting period was continued to the City Council meeting of
September 19, 1989.
Staff Report
14-D: WAGE ADJUSTMENT AND PERFORMANCE PAY/CITY ATTORNEY: The request
of Mayor Zane to approve wage adjustment and performance payment for
City Attorney pursuant to Section 1 (C) of Contract No. 5276(CCS),
was continued to the City Council meeting of September 19, 1989.
14-E: WAGE ADJUSTMENT/CITY MANAGER: The request of Mayor Zane to
approve wage adjustment for City Manager pursuant to Section
1 (C) of Contract No. 5275(CCS), was continued to the City Council
meeting of September 19, 1989.
14-F: SALARY AND BENEFITS/CITY CLERK: The request of Mayor Zane to adopt resolution
amending salary and benefits for the position of City Clerk was continued to the
City Council meeting of September 19, 1989.
15. PUBLIC INPUT: There were no members of the public wishing
to address Council.
ADJOURNMENT: At 1:05 a.m., the City Council meeting was
adjourned to September 19, 1989, in memory of Dale Ride.
ATTEST:
Clarice E. Johnsen
City Clerk
APPROVED:
Dennis Zane Mayor
September 12, 1989