CITY OF SANTA
MONICA
CITY COUNCIL
MINUTES
DECEMBER 5, 1989
A regular meeting of the Santa Monica City Council was called to order by Mayor Zane
at 7:35 P.M., on Tuesday, December 5, 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
Councilmember William H. Jennings
Councilmember Herbert Katz
Councilmember Christine E. Reed
(arrived at 7:55 P.M.)
City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
Councilmember Katz led the assemblage in the Pledge of Allegiance to the Flag of the
United States of America.
INSPIRATION: Blase Bonpane, Executive Director of the Office of Americas provided a
moment of inspiration and prayer opposing United States involvement in the war in
Central America.
8-A: LANDSCAPE STANDARDS: Presented was a staff report transmitting an ordinance
for introduction and first reading regarding modification of Section 9041.6 of the Zoning
Ordinance concerning landscape standards for building sites in commercial districts,
continued from November 28, 1989. , Council asked questions of staff. Mayor Zane
opened the public hearing at 7:56 P.M. Members of the public Gustaf Soderbergh and
Michael Segal spoke in support of the original recommendation and in opposition to the
alternative. Member of the public Walter Schwartz spoke in opposition to building to the
lot line. Member of the public Joy Fullmer expressed her concern regarding outdoor
restaurants blocking the sidewalks and also stated her support of at-large elections. Mayor
Zane closed the public hearing at 8:15 P.M. Councilmember Genser moved to approve ,
the original staff recommendation. Second by Mayor Zane. Discussion was held. Mayor
Pro Tem Finkel moved substitute motion to remand the alternative recommendation back
to the Planning Commission. Second by Councilmember Katz. Discussion was held. The
substitute motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
Katz, Reed
Negative: Councilmembers Abdo, Genser, Mayor
Zane
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December 5, 1989
8-B: WATER CONSERVATION INCENTIVE FEE PROGRAM: Presented was a staff report
transmitting an ordinance for introduction and first reading adding Section 7200B to the Santa
Monica Municipal Code establishing a Residential Water Conservation Incentive Fee Program,
continued from November 28, 1989. Council asked questions of staff. Mayor Zane opened the public
hearing at 8:44 P.M. Members of the public John Jurenka, Walter Schwartz, and Joy Fullmer spoke in
opposition to an incentive fee for low-flow toilets. Mayor Zane closed the public hearing at 8:55 P.M.
Mayor Pro Tem Finkel moved to approve the staff recommendation, thereby introducing, for first
reading, an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 7200B TO THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH A RESIDENTIAL WATER CONSERVATION INCENTIVE FEE PROGRAM,"
reading by title only and waiving further reading thereof. Second by Councilmember Abdo. Discussion
was held. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
8-C: 1988 UNIFORM TECHNICAL CODES: Presented was a staff report transmitting an ordinance
for introduction and first reading adopting the 1988 Uniform Technical Codes and adopting the
Santa Monica amendments to the 1988 Uniform Technical Codes, continued from November 28,
1989. Council asked questions of staff. Mayor Zane opened the public hearing at 9:07 P.M. Member of
the public Joy Fullmer spoke of her concern regarding various aspects of the Uniform Technical
Codes. Mayor Zane closed the public hearing at 9:07 P.M. Mayor Pro Tem Finkel moved to
approve the staff recommendation thereby introducing, for first reading, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE
UNIFORM TECHNICAL CODES AND ADOPTING THE SANTA MONICA AMENDMENTS TO
THE 1988 UNIFORM TECHNICAL CODES," reading by title only and waiving further reading
thereof. Second by Councilmember Katz. Discussion was held. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
8-D: MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND
GARAGES ' : Presented was a staff report transmitting an emergency ordinance for introduction and
adoption creating a 45-day moratorium on construction of basements and underground garages
beneath required yards in the R-1 Zone District, continued from November 28, 1989. Mayor Zane
opened the public hearing at 9:11 P.M. Member of the public Roger Behrstock expressed concern
regarding subterranean parking and asked questions of Council. Mayor Zane closed the public hearing
at 9:17 P.M. Councilmember Reed moved to adopt Ordinance No. 1504(CCS), entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A
MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES
BENEATH REQUIRED YARDS IN THE R-1 ZONE DISTRICT AND DECLARING THE
PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof.
Second by Councilmember Katz. Discussion was held. The motion was approved by the following
vote:
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December 5, 1989
Council vote: Unanimously approved 7-0
11-C: CLOSED SESSION: Not held.
held. public
13-A: 17TH STREET TENANTS ASSOCIATION: Presented was the request of Patricia Hewitt and
Victor Brown, representing the 17th Street Tenants Association, to address Council regarding the
withdrawal of residential rental units at 833, 837, and 839 17th Street, continued from November 28,
1989. Councilmember Katz moved to provide the speakers an additional t~Wo- minutes for the
completion of their presentation. Second by Councilmember Genser. The motion was unanimously
approved. - Discussion was
Mayor Pro Tem Finkel moved to hear f rom a member of the
who wished to speak on this matter. Second by Councilmember Genser. The motion was
approved, Councilmember Jennings opposed. Member of the public Rosario Perry spoke on behalf of
the owners of the property involved. Councilmember Jennings moved to direct staf f to work with the
Rent Control Board to devise a process whereby staff is notified of evictions in pre-1930 buildings, in
order to institute proceedings for review by the Landmarks commission. Mayor Zane requested that
this proposal be considered in the context of Item 14-C. Councilmember Genser moved to take a brief
recess and then hear Item 14-C as the next item. Second by Councilmember Reed. The motion was
unanimously approved.
At 9:55 P.M., Council adjourned for a short recess. At 10: 15 P.M., Council reconvened with all
members present.
14-C: MORATORIUM ON THE DEMOLITION OF PRE-1940 BUILDINGS: Presented was the
request of Mayor Zane to discuss strategies to protect older homes in residential areas which may be
historic or cultural resources, including a possible moratorium on the demolition of pre-1940
buildings, continued from November 28, 1989. Discussion was held. Councilmember Genser moved
to hear from members of the public for three minutes each. The motion died for lack of a second.
Mayor Zane moved to direct the City Attorney to draft an ordinance that would, impose a city-wide
moratorium on the filing of new applications for projects on sites occupied by pre-1940 bungalow
courts, courtyard buildings, Cal'ifornia bungalows, and other similar categories of culturally
significant buildings which staff
consideration pending revision of add the appropriate
criteria to thematic districts with cultural Second by
Mayor Pro Tem Finkel.
amend the Second by motion failed by the following
vote:
Council vote: Affirmative: Councilmembers Katz, Reed
Negative: Councilmembers Abdo, Finkel, Genser,
Jennings, Mayor Zane
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December 5, 1989
Councilmember Genser moved to amend the motion by broadening the term "districts" to allow for the
designation of "thematic districts or structures." The amendment was accepted as friendly.
Councilmember Jennings moved to extend the meeting to 12:00 A.M. Second by Councilmember
Abdo. The notion was unanimously approved, Councilmembers Katz and Reed opposed.
Mayor Zane's motion, as amended, directing the City Attorney to draft the ordinance was approved by
the following vote:
Council vote: Affirmative:
Negative:
Councilmembers Abdo, Finkel, Genser, Jennings, Katz,
Mayor Zane
Councilmember Reed
Councilmember Reed requested that the record reflect that she is voting "no" on this motion as it is too
broad and sweeping.
14 -A: PEACE AND ECOLOGY COMMISSION: Presented was the request of Mayor Pro Tempore
Finkel to discuss the creation of a Peace and Ecology Commission. Mayor Pro Ten Finkel initiated
discussion and moved that'the Council act tonight to authorize, by instruction to the City Manager, the
creation of a task force, the members of which would be appointed by the City Manager, for the
purpose of studying the feasibility, the desirability, and the value to the people of Santa Monica of
creating a new City commission on peace and safety and safe environment. Second by Councilmember
Abdo. Discussion was held. Councilmember Genser moved to amend the motion that City Council
appoint the task force. Second by Councilmember Reed. Discussion continued. Councilmember Katz
moved to amend the motion that the City Manager select the task force subject to Council approval at a
future meeting. The amendment was accepted as friendly by the maker of the main motion.
Councilmember Genser withdrew his amendment. Discussion continued. The motion was approved
by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor
Zane
Negative: Councilmembers Katz, Reed
Councilmember Reed requested the record to reflect that she voted "no" on this item as she does not
believe it is appropriate or necessary for the City to have a Peace Commission as outlined by the
petition and/or Mayor Pro Tem Finkel,
14-B: AMENDMENT TO ZONING ORDINANCE: Presented was the request of Councilmember
Katz to discuss an amendment to the Zoning ordinance regarding donut shops. Councilmember Katz
initiated discussion and moved to direct staff to return with an amendment to the zoning ordinance
changing donut shops from "retail" to "fast food." Second by Councilmember Abdo. Discussion was
held. The motion was unanimously approved.
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December 5, 1989
14-D: RESIDENTIAL HEIGHT LIMITS: Presented was the request of Mayor Zane to
examine setting residential height limits by reference to adjacent buildings, continued from
November 28, 1989. Mayor Zane initiated discussion and moved to direct staff to examine
setting residential height limits by reference to adjacent buildings and advise Council.
Second by Councilmember Abdo. Discussion was held. The motion was approved,
Councilmembers Jennings, Katz, and Reed opposed.
Councilmember Katz requested the record ref lect that his "no" vote was based on the
belief that this is merely spot zoning without really understanding the entire ordinance,
which is not the proper way to approach this issue.
14-E: APPOINTMENT TO LIBRARY BOARD: Presented was the matter of an
appointment to the Library Board. Mayor Zane opened the floor to nominations.
Councilmember Katz nominated Sharla Boehm and moved that she be appointed to the
Library Board f or a term 'expiring June 30, 1990, by acclamation. The motion was
unanimously approved.
14-F: APPOINTMENT TO PIER RESTORATION CORPORATION BOARD OF
DIRECTORS: Presented was the matter of an appointment of a member to the Pier
Restoration Corporation Board of Directors. Councilmember Genser moved to continue
this appointment to the .Council meeting of December 12, 1989. Second by
Councilmember Abdo. The motion was unanimously approved.
14 -G: LETTER OF RESIGNATION: Presented was the matter of the acceptance of a
letter of resignation from Joyce Parker Bozylinski of the Housing Commission.
Councilmember Genser moved to accept with regrets the letter of resignation from Joyce
Parker-Bozylinski, and authorize the City Clerk to publish a notice of vacancy. Second by
Councilmember Abdo. The motion was unanimously approved.
14-H: COUNCIL CHAMBERS FEE/U.S. DEPARTMENT OF THE INTERIOR:
Presented was the request of Mayor Zane to waive the fee for use of the Council
Chambers by the United States Department of the Interior on December 13, 1989. Mayor
Zane moved to waive the fee for use of the Council Chambers on. that date. Second by
Councilmember Genser. The motion was unanimously approved.
14-1: MORATORIUM ON MULTI-FAMILY RESIDENTIAL DEVELOPMENT
APPLICATIONS: Mayor Zane withdrew his request to discuss a possible moratorium on
multi-family residential development applications until the completion of the Housing
Element in favor of an inclusionary program in the Housing Element for possible adoption
as an interim ordinance.
5. PUBLIC INPUT: Member of the public Joy Fullmer addressed council regarding the
Peace and Ecology Commission and feels that they should be handled as separate entities.
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December 5, 1989
ADJOURNMENT: At 11:55 P.M., the City Council meeting was
adjourned to December 12, 1989, 7:30 P.M.
ATTEST:
APPROVED:
Clarice E. Johnsen
City Clerk
December 5, 1989
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Dennis Zane' Mayor
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