City Council Minutes: //

CITY OF SANTA MONICA

CITY COUNCIL MINUTES

SEPTEMBER 19,.1989

An adjourned meeting of the Santa Monica City Council, adjourned from the meeting of
September 12, 1989, was called to order by Mayor Zane at 7:35 p.m., in the Council
Chambers.

Roll Call: Present:

Also Present:

CLOSED SESSION: Not held.

Mayor Pro Tempore Dennis Zane
Mayor Pro Tempore David B. Finkel (arrived at 9:50 p.m.)
Councilmember Judy Abdo
Councilmember Ken Genser
Councilmember William H. Jennings (arrived at 8:02 p.m.)
Councilmember Christine E. Reed

Absent: Councilmember.Herbert Katz

City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen

Councilmember Reed led the assemblage in the Pledge of Allegiance to the Flag of the
United States of America.

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 as presented, 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, Reed, Mayor Zane

Absent: Councilmembers Finkel, Jennings,
Katz

6-1: PIONEER BOULANGERIE/ LEASE AGREEMENT: A recommendation to authorize
the City Manager to renegotiate and execute Contract No. 5436(CCS), a five-year lease
agreement with Pioneer Boulangerie for the use of City property at $11,400 per year with
adjusted increase based on changes in the Consumer Price Index, for parking purposes,
continued from September 12,- 1989, was approved.

September 19, 1989

6-Q: ENVIRONMENTAL PROTECTION AGENCY GRANT FUNDS/OZONE PILOT PLANT
PROJECT: A request to accept and appropriate EPA grant funds for the Ozone Pilot Plant Project in the
amount of $100,000 and authorize the City Manager to negotiate and execute Contract No. 5437(CCS), an
agreement with UCLA for related laboratory analyses, continued from September 12, 1989, was approved.

6-R: UTILITY EASEMENT/PICO-KENTER STORM DRAIN EXTENSION: Resolution No. 7906(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO GRANT AND RECORD AN EASEMENT FOR UTILITY
PURPOSES FOR THE PICO-KENTER STORM DRAIN EXTENSION," continued from September 12,
1989, was adopted.

8-B: OCEAN PARK AREA ZONING REGULATIONS/INTERIM DISTRICTING MAP/RESOLUTION
CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT: Presented was a staff report transmitting
ordinances for introduction and first reading amending Santa Monica municipal Code Sections 9000.3,
9040.3, 9040.10, 9040.17, 9040.18, 9041.2, 9041.6, 9044.10, 9044.21, and 9113.3 and adding Sections
9002.10, 9035.1 through 9035.7, 9036.1 through 9036.7, 9037.1 through 9037.7, 9 0 3 S. 1 through 9038.7,
9039.1 through 9039.7, 9040.41, 9047.1 through 9047.3, and 9151.1 through 9151.7 relating to zoning
regulations for the Ocean Park Area; revising the Interim .Districting Map; and a resolution certifying the
Final Environmental Impact Report, continued from September 12, 1989. At 8:20 p.m., Councilmember
Jennings entered the meeting. Council asked questions of staff. At 8:40 p.m., Mayor Zane opened the public
hearing. Joy Fullmer, Stephen Frew, and John F. Walsh expressed their concerns regarding the proposed
zoning regulations. Sandy Cherry, John Jurenka, John Morrissey, Steve Woluck, Rosario Perry, Gilbert
Friedman, Tim Spence, Kenneth Garvin, Louis Goldman, Henry Custis, and Myrna Leifer, spoke in
opposition to the proposed new zoning regulations. Nick Kazan and Bea Nemahala spoke in support of
zoning alternative "C" as outlined in the staff report dated September 19, 1989. Julie Lopez-Dad and
Roseann Alvarez spoke in support of the proposed re-zoning. June Steel spoke in support of 11OP-211 zoning
for Copeland Court. Michael Hill and Richard Dysart spoke in support of "Duplex" zoning for Copeland
Court.

Councilmember Genser moved to hear from members of the public who submitted requests to address
Council af ter the item had been called. Second by Councilmember Reed. The motion was approved,
Mayor Pro Tempore Finkel and Councilmember Katz absent.

Judy Leland and Terry Gray spoke in opposition to the proposed new zoning regulations. Tim Blaney
spoke in support of "Duplex" zoning for Copeland Court. At 9:48 p.m., there being no one else wishing to
speak on the matter, Mayor Zane declared the public hearing closed.

At 9:50 p.m., Council adjourned for a short recess. At 10: 05 p.m., council reconvened. Mayor Pro
Tempore Finkel entered the

September 19, 1989

meeting during the recess. Mayor Pro Tempore Finkel expressed his regret for not being able to attend
earlier and stated that he was listening to the meeting on television, and asked the City to participate
in he has not only to all the prior

Attorney's opinion regarding his qualification Council's deliberations, given the fact that studied the
materials carefully, but listened proceedings. The City Attorney stated that Mayor Pro Tempore Finkel
may participate in the voting, not withstanding the fact that he listened to the prior discussion and
public hearing on the radio or television.

Councilmember Abdo moved to approve Alternative Zoning Plan IICII, as outlined in the staf f report
dated September 19, 1989, with the following changes: 1) That the area designated "OP-111 in
alternative I'D"! with the small area of "OP-211 inside, be incorporated into Alternative Plan IICII; 2)
That the 600 block of Copeland Court be zoned "OP-Duplex",* 3) That Council reserves further
action on the 700 block of Copeland Court; and 4) That the area designated "OP-411 in the
northwesterly portion of the map (figure 3 of the staff report) Barnard Way, Bicknell, and Pacific
between Neilson Way and. Ocean Avenue be designated "OP-311. Second by Councilmember
Genser. Discussion was held. Councilmember Abdo withdrew her motion.

Councilmember Abdo moved to adopt Resolution No. 7907(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT ON THE OCEAN PARK REZONING PLAN," reading by
title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was
approved by the following vote:

Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings,
Mayor Zane

Negative: Councilmember Reed

Absent: Councilmember Katz

Councilmember Reed requested that the record reflect that her reasons for voting "no" are because
Council has not been given information regarding the creation of non-conforming properties, and that
Council does not know the potential loss of housing units which might be experienced under this new
zoning due to the recycling of the non-conforming properties.

Councilmember Abdo moved again her previous motion to approve Alternative Zoning Plan IICII with
all amendments as stated earlier, and with the additional amendment that the effective date of the new
zoning be September 19, 1989. That applications received after 5:00 p.m., September 19, 1989, be
considered under the new zoning regulations. Second by Mayor Pro Tempore Finkel. Councilmember
Jennings moved to amend the motion to apply the "OP-Duplex" zone to both blocks of Copeland
Court. The motion failed for lack of a second. Councilmember Jennings moved to

September 19, 1989

disallow density bonuses for both blocks of Copeland Court. Second by Councilmember Reed.
Councilmember Jennings withdrew his motion. The motion as stated by Councilmember Abdo was
.approved by the following vote:

Council vote: Affirmative: Councilme*mbers Abdo, Finkel, Genser,
Jennings, Mayor Zane

Negative: Councilmember Reed

Absent: Councilmember Katz

Councilmember Reed requested that the record reflect that she is voting "no" because Council does not
have the information regarding the creation of nonconforming properties, nor does Council know what
potential loss of housing units the City may experience under this zoning, and she would like the record
to further reflect the fact that she did ask for that information over two years ago.

Councilmember Abdo moved to introduce for first reading, an ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IMPLEMENTING THE
COMPREHENSIVE LAND USE AND ZONING ORDINANCE BY AMENDING THE INTERIM
DISTRICTING MAP," reading by title only and waiving further reading thereof, thereby revising the
interim zoning map as outlined in her earlier motion. Second by Mayor Pro Tempore Finkel.
Discussion was held. The motion was approved by the following vote:

Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings,
Mayor Zane

Negative: Councilmember Reed

Absent: Councilmember Katz

Councilmember Reed requested that record reflect that her
negative vote is for the reasons she stated previously.

Mayor Pro Tempore Finkel moved to direct staff to amend the Municipal Code to require grading
permits, and to direct the Planning Commission to review revisions to the definition of building height
and average natural grade to establish citywide -consistency with the theoretical grade concept proposed
for Ocean Park. Second by Councilmember Abdo. The motion was approved by the following vote:

Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor
Zane

Negative: Councilmember Reed

Absent: Councilmember Katz

September 19, 1989

Councilmember Reed requested that the record reflect that she has absolutely no concern for the
grading permit ordinance. She would be happy to support that. But, she does have some concerns
about the height, and she doesn't believe that Council has enough information yet, for her to support
that because it will be a higher height on some portion on the lot than is currently allowed.

8-C: VENDING REGULATIONS: Presented was a staff report transmitting 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, continued from September 12, 1989. Council asked questions of staff. At 11:10 p.m., Mayor
Zane opened the public hearing. Jeffrey LeBeouf spoke in support of providing special preferential
consideration for military veterans in awarding vending permits. At 11:15 p.m., there being no one
else wishing to speak, Mayor Zane declared the public hearing closed. Discussion was held.
Councilmember-Genser moved to introduce for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 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," reading by title only and waiving further reading
therof, with the amendment that the permits issued be valid for two years, and that the drawing to
award permits be held every two years. Second by Mayor Zane. The motion was approved by the
following vote:
Staff Report

Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed,
Mayor Zane

Absent: Councilmember Katz -1

Councilmember Abdo moved to extend the Council meeting to 12:00 a.m. Second by Councilmember
Jennings. The motion was unanimously approved, Councilmember Katz absent.

8-D: INDUSTRIAL WASTEWATER CONTROL PROGRAM/FEDERAL CLEAN WATER ACT
COMPLIANCE: Presented was a staff report transmitting an ordinance for introduction and first
reading amending Santa Monica Municipal Code Sections 5400, 5403, 5404, 5423, and 5429 and
adding Sections 5429A, 5432, 5433, 5434 and 5414A to the Municipal Code to clarify the 'Industrial
Wastewater Control Program and to ensure its compliance with the Federal Clean Water Act,
continued from September 12, 1989. At 11:20 p.m., Mayor Zane declared the public hearing opened.
Joy Fullmer expressed her concerns regarding the proposed ordinance. There being no one else
wishing to speak, at 11:25 p.m., Mayor Zane declared the public hearing closed. Councilmember
Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE

September 19, 1989

CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 5400, 5403, 5404, 5423, AND 5429 AND ADDING SECTIONS
5429A, 5432, 5433, 5434, AND 5414A TO THE MUNICIPAL CODE TO CLARIFY THE
INDUSTRIAL WASTEWATER CONTROL PROGRAM AND TO ENSURE ITS COMPLIANCE
WITH THE FEDERAL CLEAN WATER ACT," 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, Finkel, Genser, Jennings, Reed,
Mayor Zane

Absent: Councilmember Katz

9-A: RESOLUTION REVISING THE EXECUTIVE PAY PLAN: following Closed Session.

Considered

9-B: ADMINISTRATIVE TEAM ASSSOCIATES BARGAINING UNIT:
Considered following Closed Session.

13-A: HERMAN ROSENSTEIN/HOMELESS: was the request of
Herman Rosenstein to address Council regarding the homeless
problem, continued from September 12, 1989. Mr. Rosenstein spoke
before Council regarding the history of the homeless in downtown
Santa Monica

13-B: CHRISTOPHER M. HARDING/AVERAGE NATURAL GRADE: The request of Christopher
M. Harding to address Council regarding Zoning Ordinance definition of term "Average Natural
Grade," continued from September 12, 1989, was not heard. Mr. Harding was not present when this
item was called.

ll-C: CLOSED SESSION: Presented was 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, continued from the, Council meeting of September 12, 1989. The City
Attorney announced that one of the items to be considered in Closed Session was the acquisition of
real property known ~as the Bergamot Parcel, located south of Olympic between 26th and Stewart
Streets. The City's negotiators are John Jalili, Hank Dittmar, and Lind Mills-Coyne, and they are
authorized to meet with Southern Pacific Transportation Company's negotiators who are Doug
Stephenson and Linda Hill. At 11:30 p.m., council adjourned to Closed Session. At 12:16 a.m., '
Council reconvened with Councilmembers Abdo, Finkel, Genserf Jennings, Reed, and Mayor Zane
present. Councilmember Jenningg moved to extend the meeting to 12:25 a.m.
Councilmember Genser. The motion was approved,
Reed opposed, Councilmember Katz absent.

second by
Councilmember

9-A: EXECUTIVE PAY PLAN: Presented was resolution for adoption revising the Executive Pay
Plan, continued from the City Council meeting of September 12, 1989. Councilmember Jennings moved
to adopt Resolution No. 7908(CCS) entitled: "A RESOLUTION OF THE

September 19, 1989

CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE
PAY PLAN," reading by title only and waiving further reading thereof. Second by
Councilmember Abdo. The motion was approved by the following vote:

Council vote: Affirmative: Councilmbmbers Abdo, Finkel, Genser,
Jennings, Reed, Mayor Zane

Absent: Councilmember Katz

9-B: ADMINISTRATIVE TEAM AS SOCIATESZ BARGAINING UNIT: Presented was a
resolution for adoption 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.). Councilmember Jennings moved to adopt
Resolution No. 7909(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RECOGNIZING ADMINISTRATIVE TEAM ASSOCIATES
(A.T.A.) AS THE BARGAINING UNIT REPRESENTING CERTAIN JOB
CLASSIFICATIONS FORMERLY REPRESENTED BY THE MUNICIPAL EMPLOYEES
ASSOCIATION (M.E.A.),11 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, Reed, Mayor Zane

Abstain: Mayor Pro Tempore Finkel

Absent: Councilmember Katz

14 -A: APPOINTMENT OF MEMBERS TO CITY BOARDS AND COMMISSIONS:
Presented was the matter of the appointment of members to Boards and commissions,
continued from September 12, 1989. Mayor Pro Tempore Finkel moved to continue all
appointments to the City Council meeting of September 26, 1989. Second by Councilmember
Reed. The motion was unanimously -approved, Councilmember Katz absent.

14-C: SALE OF FIREARMS/FIFTEEN 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 periodl continued from September
12, 1989, was continued to the City Council meeting of September 26, 1989, as a 11511 Item,
at Mayor Pro Tempore Finkel's request.

14-D: CITY ATTORNEY WAGE ADJUSTMENT AND PERFORMANCE PAYMENT:
Presented was 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), continued
from September 12, 1989. Mayor Zane moved to approve that, effective July 1, 1989, the
salary of the City Attorney shall be increased by 5.1% representing a C.P.I. adjustment, and
that the City shall pay to the City Attorney a performance payment of 8.9% of his annual

September 19, 1989

base salary. Second by Councilmember Jennings. approved by the following
vote:

The motion was

Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane

Negative:

Councilmember Reed

Absent: Councilmember Katz

14-E: WAGE ADJUSTMENT FOR THE CITY MANAGER: Presented was the request of Mayor Zane to
approve a wage adjustment for City Manager pursuant to Section 1(C) of Contract No. 5275(CCS),
continued from September 12, 1989. Mayor Zane moved to approve that, effective that July 1, 1989, the
salary of the City Manager shall be increased by 21.5%, representing a 5.1% C.P.I. increase, and a 16.4%
market adjustment. Second by Councilmember Jennings. The motion was approved by the following
vote:

Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed,
Mayor Zane

Absent: Councilmember Katz

14-F: RESOLUTION AMENDING SALARY BENEFITS FOR THE CITY CLERK: Presented was the
request of Mayor Zane to adopt a resolution amending the salary and benefits for the position of City Clerk,
continued from September 12, 1989. Councilmember Reed moved to adopt Resolution No. 7910(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SALARY AND BENEFITS FOR THE POSITION OF THE CITY CLERK," reading by title
only and waiving further reading thereof, thereby providing a salary adjustment for the City Clerk of 9%,
reflecting a 5.1% C.P.I. adjustment, and a 3.9% market adjustment, providing a 5% performance payment,
and. also providing all the benefits of the Executive Pay Plan. Second by Councilmember Jennings. The
motion was approved by the following vote:

Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed,
Mayor Zane

Absent: Councilmember Katz

15. PUBLIC INPUT:
address Council.

There no members of the public wishing to

September 19, 1989

ADJOURNMENT: At 12:24 a.m., Councilmember Reed moved to adjourn the City Council meeting to
7:30 A.M., Friday, September 22, 1989, for the purpose of continuing the Closed Session for the
negotiations outlined by the City Attorney earlier in the meeting under Item 11-C, and to adjourn the
meeting in memory of David Lutz and Charles Linderman. Second by Councilmember Abdo. The motion
was unanimously approved, Councilmember Katz absent.

ATTEST:

Clarice E. Johnsen
City Clerk

APPROVED:

Dennis Zane Mayor

September 19, 1989