CITY OF SANTA MONICA
CITY COUNCIL MEETING 04/10/90
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
6-A: MINUTES APPROVAL: The minutes of City Council meeting of
March 27, 1990, were approved as presented.
6-B: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8002(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-90-160)," was adopted thereby
setting a public hearing for May 8, 1990, on the assessment of
costs to repair damaged sidewalks, driveways, and curbs on
various streets.
Staff Report
6-C: FIREWORKS DISPLAY: A request by Santa Monica College to
have a fireworks display in conjunction with their May 5, 1990,
Cinco de Mayo Program was approved.
Staff Report
6-D: FINAL PARCEL MAP 21367/CONDOMINIUM PROJECT/2808 ARIZONA
AVENUE: Resolution No. 8003(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 21367," was adopted
thereby approving Final Parcel Map 21367 for a 4-unit condominium
project at 2808 Arizona Avenue.
Staff Report
6-E: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION FOR AN APPEAL
OF CONDITIONAL USE PERMIT 89-070/WAREHOUSE/1713 EUCLID STREET: A
request to certify the Statement of Official Action for an appeal
of Conditional Use Permit 89-070 to permit the construction of a
7,500 square foot warehouse with unenclosed on-site parking at
1713 Euclid Street was approved, thereby upholding the decision
of the Planning Commission to approve Conditional Use Permit
89-070 with the conditions established at the City Council
meeting of March 13, 1990.
Staff Report
6-F: PHYSICALLY HANDICAPPED PARKING ZONES/2020 OAK STREET AND
243 BICKNELL AVENUE: Resolution No. 8004(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 2020 OAK
STREET AND 243 BICKNELL STREET," was adopted.
Staff Report
6-J: FAIR HOUSING MONTH/FAIR HOUSING DAY: Resolution No.
8006(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DECLARING THE MONTH OF APRIL AS "FAIR
HOUSING MONTH" FOR THE YEAR 1990," was adopted, thereby
designating April as Fair Housing Month, and April 26, 1990, as
Fair Housing Day in Santa Monica.
6-G: FINAL MAP 35098/TENANT-PARTICIPATING CONVERSION PROJECT/
1327 STANFORD STREET: Presented was a staff report recommending
approval of Final Map 35098 for 7 unit Tenant-Participating
Conversion TPC-047 at 1327 Stanford Street. Council asked
questions of staff. Members of the public Anita Badostain and
Douglas Newton expressed their concerns with regard to this
conversion. Discussion was held. Councilmember Genser moved to
approve the staff recommendation thereby adopting Resolution No.
8005(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION
MAP FOR TRACT NO. 35098," reading by title only and waiving
further reading. Second by Mayor Pro Tem Finkel. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
Councilmember Genser moved to instruct staff to investigate
matters brought forward during public testimony. 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
6-H: CITY/STATE - SANTA MONICA STATE BEACH OPERATING AGREEMENT:
Presented was a staff report recommending authorization for the
City Manager to negotiate and execute an amendment to the
City/State Beach Operating Agreement to delete three vacant
surplus parcels. Member of the public Joy Fullmer expressed her
concerns. Member of the public Mathew Millen spoke in support of
using these parcels for affordable housing. Discussion was held.
Councilmember Genser moved to continue this matter in order to
allow staff to investigate and report back to the Council
regarding the City's ability to delay or prevent the State from
auctioning off these parcels in order to hold a public hearing to
determine the ultimate use of these properties. Second by Mayor
Pro Tempore Finkel. Discussion was held. Councilmember Reed
moved a substitute motion to approve the staff recommendation
with the condition that the parcels be used for the purposes for
which they are zoned and that they not be used as a method of
incrementally trading for property by the private beach clubs.
Second by Councilmember Katz. Discussion was held. The
substitute motion failed by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Katz, Reed
Negative: Councilmembers Finkel, Genser, Mayor
Zane
Absent: Councilmember Jennings
The main motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Mayor Zane
Negative: Councilmember Reed
Absent: Councilmember Jennings
6-I: FINDINGS FOR DENIAL OF CONDITIONAL USE PERMIT
89-046/TENTATIVE TRACT MAP 48039/CONDOMINIUMS/1253 11TH STREET:
Presented was a staff report recommending adoption of the
findings for denial of Conditional Use Permit 89-046, Tentative
Tract Map 48039, for a 5 unit condominium at 1253 11th Street.
Councilmember Katz moved to hear from the public. Second by
Mayor Zane. The motion failed, Councilmembers Abdo, Finkel,
Genser, and Reed opposed, Councilmember Jennings absent.
Discussion was held. Mayor Pro Tem Finkel moved to continue this
item for thirty days. Second by Councilmember Abdo. The motion
was approved, Mayor Zane opposed, Councilmember Jennings absent.
Staff Report
7-A: SIDEWALKS, DRIVEWAYS, AND CURBS (SR-90-159): Presented was
a staff report and a public hearing on the assessment of costs to
repair damaged sidewalks, driveways, and curbs. At 8:30 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 adopt Resolution No.
8007(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-90-159)," 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, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
7-B: EUCLID COURT VACATION: Presented was a staff report
recommending the vacation of a portion of Euclid Court located
between the Santa Monica Freeway and Olympic Boulevard. Members
of the public Mathew Millen and Kevin Kozal spoke regarding this
item. Councilmember Katz moved to approve the staff
recommendation and adopt Resolution No. 8008(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ORDERING THE VACATION OF A PORTION OF EUCLID COURT BETWEEN THE
SANTA MONICA FREEWAY AND OLYMPIC BOULEVARD IN THE CITY OF SANTA
MONICA, CALIFORNIA," reading by title only and waiving further
reading. Second by Councilmember Genser. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
8-A: CONSOLIDATION/ARTS COMMISSION AND ARTS FOUNDATION:
Presented was a staff report transmitting an ordinance for
introduction and first reading amending Santa Monica Municipal
Code Sections 2931 and 2932 and adding Section 2937 relating to
the Santa Monica Arts Commission; approving an amendment to the
By-Laws of the Santa Monica Arts Foundation; and approving
appointments to effectuate the consolidation of the governing
bodies of the Arts Commission and Arts Foundation. Council asked
questions of staff. At 8:39 P.M., Mayor Zane declared the public
hearing opened. Member of the public Joy Fullmer expressed her
concerns. Member of the public Paul Leaf spoke in support of the
staff recommendation. There being no one else wishing to speak,
Mayor Zane declared the public hearing closed at 8:45 P.M. Mayor
Pro Tempore Finkel moved to introduce for first reading an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 2931 AND 2932 AND ADDING SECTION 2937 TO THE SANTA
MONICA MUNICIPAL CODE RELATING TO THE SANTA MONICA ARTS
COMMISSION." Second by Councilmember Katz. The motion was
approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
Mayor Pro Tem Finkel moved to approve staff recommendations 2, 3,
and 4, thereby approving the form of the Amendment to the By-Laws
of the Santa Monica Arts Foundation, Inc., if adopted by the
Foundation, to be effective on the effective date of the proposed
ordinance; Gene Burleson, Patricia Dougherty, Bruria Finkel,
Philip Glusker, Sheila Goldberg, Robert Maguire, Michael McCarty,
Loveday Raben, Chuck Workman, and Marvin Zeidler to be appointed
Commissioners of the Santa Monica Arts Commission; and upon the
effective date of the proposed ordinance, Roger Genser, Charlotte
Houghton, Tim Miller, Peter Norton, Lindsay Shields, and Johanne
Todd are appointed Directors of the Santa Monica Arts Foundation.
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: COUNTY HAZARDOUS WASTE MANAGEMENT PLAN: The ordinance for
introduction and first reading amending Santa Monica Municipal
Code Sections 9000.3, 9021.4, and 9055.13, implementing the
County Hazardous Waste Management Plan was continued to the
meeting of April 17, 1990.
11-A: AIRPORT RESIDUAL LAND PARCEL: Presented was a staff
report recommending authorization for the City Manager to
renegotiate and execute a Right of First Refusal Agreement and
terminate the Exclusive Negotiating Agreement with Reliance
Development Group. Member of the public Joy Fullmer expressed
her concerns. Members of the public Bill Worden, Craig
Schmitman, Don Brandson, Joanne Hatfield, Jean Gebman, Eric Siss,
and Russell Shaver spoke in opposition to the staff
recommendation. Members of the public Nathaniel Trives and Joan
Abrahamson spoke in support of the staff recommendation.
Councilmember Katz moved to hear late speakers. Second by
Councilmember Reed. The motion was unanimously approved,
Councilmember Jennings absent. Members of the public Chris
Harding and Rol Murrow spoke in support of the staff
recommendation. Councilmember Reed moved to approve the staff
recommendation with the exception that the Right of First Refusal
should be for a period no longer than two years. Second by
Councilmember Katz. Discussion was held. Councilmember Genser
moved a substitute motion to approve the staff recommendation
with no Right of First Refusal. The motion died for lack of a
second. Councilmember Reed's motion was approved by the
following vote:
Staff Report
Council vote: Affirmative: Councilmembers Abdo, Katz, Reed,
Mayor Zane
Negative: Councilmembers Finkel, Genser
Absent: Councilmember Jennings
Mayor Pro Tempore Finkel requested the record to reflect that he
voted "no" on this item because the motion was premised in part
upon the desirability of having some members of the present
Council participating in the accountability process and he is
unclear in his mind as to exactly what process will be pursued by
the City to review the terms to be presented to Reliance for
acceptance or rejection.
Councilmember Genser requested the record to reflect that he
voted "no" on this item not because of the community planning
process as prescribed by the motion but because he does not feel
that it is appropriate to give Reliance the Right of First
Refusal.
11-B: CLOSED SESSION: Not held.
12-A: APPEAL OF CONDITIONAL USE PERMIT AND TENTATIVE PARCEL
MAP/CONDOMINIUM/1109 16TH STREET: Presented was an appeal of
Conditional Use Permit 89-072 and Tentative Parcel Map 21640 to
allow a four-unit condominium at 1109 16th Street.
Applicant/Appellant: Bijan Azadi.
Staff Report
Applicant/Appellant Bijan Azadi spoke in support of the appeal
and in opposition to Planning Commission condition of the
approval. Members of the public Ralph Fagen, Ravel Berman, and
Carol Hetrick spoke in opposition to the appeal. Members of the
public Ester Naeim, Paul Nota, and Behrooz Naeim spoke in support
of the appeal. Councilmember Genser moved to deny the appeal.
Second by Councilmember Abdo. Discussion was held.
Councilmember Katz moved a substitute motion to modify the
Planning Commission conditions and allow the required unexcavated
sideyard on the north side of the property and require the
applicant to provide an unexcavated area on the south side of the
property in order to preserve the existing vine. Second by
Councilmember Reed. Discussion was held. The substitute motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Katz, Reed
Negative: Councilmembers Abdo, Finkel, Genser,
Mayor Zane
Absent: Councilmember Jennings
The motion to deny the appeal was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Mayor Zane
Negative: Councilmembers Katz, Reed
Absent: Councilmember Jennings
12-B: APPEAL OF CONDITIONAL USE PERMIT AND TENTATIVE PARCEL
MAP/837 AND 839 FIFTEENTH STREET: Presented was an appeal of
Conditional Use Permit 89-079 and vesting Tentative Parcel Map
21511 at 837 and 839 Fifteenth Street. Appellants: Ahman and
Henriette Hamini and Lawrence & Harding. Applicant: William and
Maria Blase.
Staff Report
Ken Kutcher, speaking on behalf of Appellant Lawrence & Harding,
addressed Council in support of the appeal and in opposition to
Planning Commission approval. Councilmember Reed moved to extend
the meeting to 12:00 A.M. Second by Councilmember Genser. The
motion was unanimously approved, Councilmember Jennings absent.
Appellant Ahmad Hamidi spoke in support of the appeal and in
opposition to the project. Members of the public Stephen Frew,
Jennifer Jarrett, and Anne-Marie Heaney spoke in support of the
project with street access. Councilmember Reed moved to approve
the staff recommendation and deny all appeals. Second by
Councilmember Katz. Discussion was held. Councilmember Reed
moved to amend the above motion to add that the specific finding
of the topography as required by the Zoning Code be incorporated
into the Council action and that the Certificate of Occupancy be
conditioned on the health and safety of the street tree, and to
include language in the conditions for approval, to the effect
that no Certificate of Occupancy shall be issued if the tree is
damaged unless a $10,000 payment is made to the City for
replacement of the tree, City administrative costs, and a penalty
for the damage. The amendment was accepted as friendly.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings
13-A: LEAF BLOWERS: Presented was the request of Lars Ingvarson
to address Council regarding motorized leaf blowers. Mr.
Ingvarson spoke in support of banning leaf blowers due to their
contribution to pollution of the environment and the fact that
they create a general nuisance. Mayor Zane requested the City
Clerk to place this item on the agenda of the April 17th meeting
for Council action.
13-B: CHANGE OF USE APPLICATION/739 HILL STREET: Presented was
the request of Christopher M. Harding, speaking on behalf of Aziz
Rastegar, to address Council regarding the application of Program
10 of the Housing Element to property located at 739 Hill Street.
Councilmember Katz moved to extend the meeting to 12:30 A.M.
Second by Mayor Pro Tempore Finkel. The motion was approved,
Mayor Zane opposed, Councilmember Jennings absent. Councilmember
Reed moved to direct staff to release Mr. Rastegar's property and
allow it to go forward without the Program 10 conditions and,
further, direct staff to report immediately back to Council on
how to address concerns of Councilmembers with regard to closing
this "loophole" in Program 10. Second by Councilmember Katz.
Mayor Pro Tempore Finkel moved to amend the motion relating to
the second half of the above motion and direct staff to prepare
the relevant ordinance to address the "loophole" within the next
30 days. Council asked questions of staff. The amendment was
accepted as friendly. The motion, as amended,was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz,
Reed, Mayor Zane
Negative: Councilmember Genser
Absent: Councilmember Jennings
13-C: MS. J.J. CURRAN/RESIDENTIAL PARKING: Presented was the
request of Ms. J.J. Curran to address Council regarding
residential parking frontage in her neighborhood near Santa
Monica College. Ms. Curran was not present to address Council.
Mayor Zane moved to receive and file Ms. Curran's correspondence.
Second by Councilmember Katz. The motion was unanimously
approved, Councilmember Jennings absent.
14-A: STREAMLINING COUNCIL MEETINGS: The request of Mayor Zane
to discuss changes in City Council rules and procedures directed
at streamlining Council meetings, continued from April 3, 1990,
was continued to the meeting of April 17, 1990, at the Mayor's
request.
14-B: APPOINTMENTS TO PIER RESTORATION CORPORATION: Presented
was the matter of the appointment of members to the Pier
Restoration Corporation. Councilmember Abdo moved to reappoint
all four incumbents to the Pier Restoration Corporation by
acclamation. Second by Councilmember Katz. The motion was
unanimously approved, Councilmember Jennings absent. Therefore,
Henry Custis, Donald Girard, Nancy Greenstein, and Wayne R.
Wilson were reappointed to the Pier Restoration Corporation Board
of Directors for terms ending November 10, 1992.
14-C: COUNCIL TRAVEL FUNDS: Presented was the request of Mayor
Zane to discuss Council approval for the use of travel funds to
attend the World Congress of Local Governments for a Sustainable
Future in New York City, September 5 - 8, 1990. At the consent
of Council, the request was approved.
14-D: AB 1784/L.A. COUNTY TRANSPORTATION COMMISSION AND RAPID
TRANSIT DISTRICT: Presented was the request of Mayor Zane to
discuss support for amendments to Assembly Bill 1784 to
coordinate activities between the Los Angeles County
Transportation Commission and the Rapid Transit District. Mayor
Zane initiated discussion and moved the support of Assembly Bill
1784, authorizing the Mayor to send letters of support to the
appropriate agencies involved. Second by Councilmember Reed.
The motion was unanimously approved. Councilmember Jennings was
absent.
14-E: JANE IRVINE/HOUSING COMMISSION: Presented was a letter of
resignation from Jane Irvine of the Housing Commission.
Councilmember Reed moved to accept Ms. Irvine's resignation with
deep regret and directed the City Clerk to publish a notice of
vacancy. Second by Mayor Pro Tempore Finkel. The motion was
unanimously approved. Councilmember Jennings was absent.
14-F: NORTH OF WILSHIRE RESIDENTIAL DEVELOPMENT MORATORIUM/
HARDSHIP EXEMPTIONS: Presented was the request of Mayor Pro
Tempore Finkel to discuss the possibility of amending Ordinance
No. 1507(CCS) regarding the moratorium on residential development
north of Wilshire Boulevard, to allow exemptions for certain
hardships. Mayor Pro Tempore Finkel initiated discussion and
moved to direct the City Attorney to explore this issue and
return with recommendations or an ordinance that would deal
specifically with hardship exemptions for vacant buildings with
units that could be rented, but were in escrow at the time the
moratorium was enacted. Second by Councilmember Katz.
Discussion was held. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed
Negative: Mayor Zane
Absent: Councilmember Jennings
14-G: REVIEW OF INITIATIVE PETITIONS CIRCULATED IN SANTA MONICA:
Presented was the request of Councilmember Katz to discuss the
adoption of a policy that the City Attorney or outside Counsel
review, as to form, any and all initiative petitions prior to
their circulation in the City of Santa Monica. Councilmember
Katz initiated discussion and moved to direct the City Attorney
to review the form of initiatives prior to being circulated in
the City, if requested by the petition circulators. Second by
Councilmember Reed. Discussion was held. Mayor Pro Tempore
Finkel moved a substitute motion to direct the City Attorney to
prepare an ordinance to provide a model form for petitions
circulated in the City. Second by Mayor Zane. Discussion was
held. Councilmember Katz requested that the substitute motion be
amended to allow the City Attorney to review all initiative
petitions as to form until the ordinance is adopted. The
amendment was not accepted as friendly by the maker of the
substitute motion. The substitute motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser,
Katz, Reed, Mayor Zane
Absent: Councilmember Jennings