CITY OF SANTA MONICA
CITY COUNCIL MEETING 05/08/90
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.
14-F: SANTA MONICA/MALIBU PTA: Presented was a request of Mayor
Zane to allow representatives of the Santa Monica/Malibu PTA
Council to address the City Council regarding permanent financial
support for Santa Monica's public schools. Councilmember Reed
moved to hear representatives of the PTA Council for fifteen
minutes. Second by Councilmember Genser. The motion was
unanimously approved, Councilmembers Finkel and Katz absent. Pam
Brady, Mark Borenstein, and representatives from the Santa Monica
High School students, requested a commitment from the City for
long-term assistance for the Santa Monica Malibu Unified School
District. Councilmember Reed moved to extend the time for public
input an additionial five minutes. Second by Councilmember Abdo.
The motion was unanimously approved, Councilmembers Finkel and
Katz absent. Discussion was held. Councilmember Genser moved to
direct the City Manager to facilitate a meeting between the
School Board and the City Council prior to adoption of the City
budget. Second by Councilmember Abdo. The motion was
unanimously approved, Councilmembers Finkel and Katz absent.
6-B: SANTA MONICA ARTS FOUNDATION/ARTS COMMISSION: Ordinance No.
1520(CCS) 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," thereby consolidating the membership of the Arts
Commission and the Arts Foundation, was adopted.
6-C: COUNTY HAZARDOUS WASTE MANAGEMENT PLAN: Ordinance No.
1521(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 9000.3 AND 9021.4 AND ADDING SECTION 9055.13 TO THE
SANTA MONICA MUNICIPAL CODE TO IMPLEMENT THE COUNTY HAZARDOUS
WASTE MANAGEMENT PLAN," thereby implementing the County Hazardous
Waste Management Plan, and certifying the EIR review, was
adopted.
6-D: EXEMPTION TO LANDSCAPE SETBACK: Ordinance No. 1522(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9041.6 TO
EXEMPT BUILDINGS WITHIN THE MAIN STREET COMMERCIAL DISTRICT FROM
THE MINIMUM LANDSCAPE SETBACK REQUIREMENT," was adopted.
6-E: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8013(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- 161)," thereby setting a
public hearing for June 12, 1990, on the assessment of costs to
repair damaged sidewalks, driveways, and curbs on various
streets, was adopted.
6-F: FINAL TRACT MAP/CONDOMINIUM PROJECT/1242-44 9TH STREET:
Resolution No. 8014(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 48084," thereby approving
Final Tract Map No. 48084 for an 8-unit condominium project at
1242-44 9th Street, was adopted.
6-H: PREPARATION OF A MASTER PLAN: A recommendation to
authorize the City Manager to negotiate and execute Contract No.
5512(CCS) with Elliott/Maloney for the preparation of a Master
Plan for the development and improvement of Virginia Avenue Park
and Community Center was approved.
6-I: ANNUAL REPORT OF COMPLIANCE REGARDING HOUSING CODE
ENFORCEMENT: Council received and filed the Annual Report on
Compliance with California Revenue and Taxation Code Section
17274 regarding Rental Housing Code Enforcement for Calendar Year
1989.
6-J: SALARY CLASSIFICATION/FISCAL STAFF ASSISTANT III:
Resolution No. 8015(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE
CLASSIFICATION OF FISCAL STAFF ASSISTANT III," was adopted
thereby creating a new salary classification and approving the
salary rate.
6-G: STATEMENT OF OFFICIAL ACTION DENIAL OF APPEAL OF CUP
89-079/837 & 839 FIFTEENTH STREET: Presented was a request to
certify the Statement of Official Action to deny the appeal of
CUP 89-079 to permit the construction of four condominium units
at 837 and 839 Fifteenth Street and uphold the Planning
Commission approval, and to correct page 2, finding #9, by
replacing the word "slope" with the word "level." Councilmember
Reed moved to approve the Certification of the Statement of
Official Action. Second by Councilmember Abdo. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser, Reed,
Mayor Zane
Abstain: Councilmember Jennings
Absent: Councilmembers Finkel, Katz
6-K: BUDGET STUDY SESSIONS: Presented was a staff report
regarding the scheduling of the City Council study sessions on
the proposed FY1990/91 City Budget for evenings of June 4, June
5, June 6, June 7, and scheduling adoption of FY1990/91 City
Budget on June 26, 1990. Discusion was held. Councilmember Reed
moved to amend the schedule to delete the meeting of June 7, and
replace it with a meeting on June 11, if necessary, and to start
the meetings at 6:00 P.M. 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
7-A: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff
report and a public hearing on the assessment of costs to repair
damaged sidewalks, driveways, and curbs. At 8:43 P.M., Mayor
Zane declared the public hearing opened. Member of the public
Fred Bakshandeh spoke in opposition to the assessment for his
property. Mayor Zane closed the public hearing at 8:46 P.M.
Councilmember Reed moved to acknowledge protests received, direct
staff to remove the Rest Haven Motel from the assessment, and to
adopt Resolution No. 8016(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-89-160)," reading 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, Jennings, Reed,
Mayor Zane
Absent: Councilmembers Finkel, Genser, Katz
8-A: HARDSHIP PROCEDURE/LOW COST LODGING FEE: Presented was a
staff report transmitting an ordinance for introduction and first
reading establishing a hardship procedure for reducing mitigation
fees for the removal of low cost lodging accommodations
established by Ordinance Number 1516(CCS). Councilmember Genser
excused himself from deliberations on this item due to a possible
conflict of interest and stepped down from the dais. At 8:50
P.M., Mayor Zane declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. There being no one
else wishing to speak, Mayor Zane closed the public hearing at
8:53 P.M. Councilmember Reed moved to introduce an ordinance for
first reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A HARDSHIP PROCEDURE FOR
REDUCING MITIGATION FEES FOR REMOVAL OF LOW COST LODGING
ACCOMMODATIONS ESTABLISHED BY ORDINANCE NUMBER 1516(CCS),"
reading by title only and waiving further reading thereof.
Second by Councilmember Jennings. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Jennings, Reed,
Mayor Zane
Abstain: Councilmember Genser
Absent: Councilmembers Finkel, Katz
Councilmember Genser returned to the dais.
8-B: PROGRAM 10/HOUSING ELEMENT: An ordinance for introduction
and first reading amending Ordinance Number 1486(CCS) to extend
Program 10 of the Housing Element to apply to conversions and
changes of use as well as demolitions was continued to the
meeting of May 15, 1990.
8-C: PROHIBITION OF SMOKING IN CITY HALL: An ordinance for
introduction and first reading amending Santa Monica Municipal
Code Section 4922 to prohibit smoking in City Hall was continued
to the meeting of May 15, 1990.
8-D: HARDSHIP EXEMPTION/NORTH OF WILSHIRE MORATORIUM:
Councilmember Reed moved to postpone Council's consideration of
this item until Mayor Pro Tem Finkel arrives or the end of the
meeting, whichever is first. Second by Councilmember Genser.
The motion was unanimously approved, Councilmembers Finkel and
Katz absent.
8-E: BUSINESS LICENSE TAXES: Presented was an ordinance for
adoption and second reading repealing various sections of
Chapters 1 and 2 of Article VI of the Santa Monica Municipal Code
and adding Subchapters 1A, 1B, 1C, and 1D to Article VI of the
Santa Monica Municipal Code relating to Business License Taxes.
Councilmember Abdo moved to adopt Ordinance No. 1523(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REPEALING VARIOUS SECTIONS OF CHAPTERS 1 AND 2 OF ARTICLE
VI OF THE SANTA MONICA MUNICIPAL CODE AND ADDING SUBCHAPTERS 1A,
1B, 1C, AND 1D TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO BUSINESS LICENSE TAXES," reading by title only and
waiving further reading thereof. Second by Councilmember Genser.
The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser
Negative: Councilmembers Jennings, Reed, Mayor
Zane
Absent: Councilmembers Finkel, Katz
Mayor Zane moved to reconsider this item later in the evening.
Second by Councilmember Genser. The motion was unanimously
approved, Councilmembers Finkel and Katz absent.
Councilmember Jennings requested that the record reflect that he
voted "no" on this item as he feels it should be considered
following Council's consideration of the proposed 1990-91
municipal budget.
Councilmember Reed requested the record reflect that she voted
"no" on this item as she does not feel that taxes should be
increased until after determinations have been made on the
municipal budget.
8-F: HONOR BOXES/BEACH PARKING LOTS: Presented was a staff
report transmitting an ordinance for adoption and second reading
adding Section 3202A to the Santa Monica Municipal Code relating
to deposit of beach parking lot fees into honor boxes.
Councilmember Reed moved to adopt Ordinance No. 1524(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING SECTION 3202A TO THE SANTA MONICA MUNICIPAL CODE
RELATING TO DEPOSIT OF BEACH PARKING LOT FEES INTO HONOR BOXES,"
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, Jennings, Reed,
Mayor Zane
Negative: Councilmember Genser
Absent: Councilmembers Finkel, Katz
10-A: SCULPTURE/CIVIC CENTER AREA: The recommendation by the
Arts Commission to authorize the City Manager to negotiate and
execute a contract with Paul Conrad to install a sculpture in the
Civic Center area was withdrawn.
11-A: REFUSE HAULERS: Presented was a staff report recommending
the adoption of a resolution which sets the fee for City refuse
transfer station deposits by licensed private refuse haulers at
$32 per ton. Council asked questions of staff. Member of the
public Joy Fullmer expressed her concerns. Councilmember Reed
moved to adopt Resolution No. 8017(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING THE FEE
FOR DEPOSIT OF REFUSE BY LICENSED PRIVATE REFUSE HAULERS AT THE
CITY'S TRANSFER STATION," reading by title only and waiving
further reading. 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
11-B: PROPOSED AMENDMENTS TO TENANT OWNERSHIP RIGHTS CHARTER
AMENDMENT (TORCA): Mayor Zane moved to continue consideration of
the proposed amendments to Tenant Ownership Rights Charter
Amendment, Section 2000. et seq. to the meeting of May 15, 1990.
Discussion was held. Second by Councilmember Abdo. The motion
was unanimously approved, Councilmembers Finkel and Katz absent.
12-A: CONDITIONAL USE PERMIT 89-091/CONDOMINIUMS/1404
CLOVERFIELD AND 2311 SCHADER DRIVE: The appeal of the Planning
Commission approval of Conditional Use Permit 89-091 to permit
the development of a ten-unit, three-story condominium
subdivision at 1404 Cloverfield and 2311 Schader Drive was
withdrawn at the request of the appellants.
12-B: CONDITIONAL USE PERMIT 90-020/ALCOHOL LICENSE/SANTA MONICA
PIER: Presented was an appeal of Planning Commission approval of
Conditional Use Permit 90-020 to permit a Type 47 On-Sale General
Alcohol License for a 318-seat restaurant located on the Santa
Monica Pier. Applicant: Pacific Fare Corporation. Appellant:
Stephanie Barbanell. Council asked questions of staff. Mayor
Pro Tempore Finkel arrived at 9:20 P.M.
Appellant Stephanie Barbanell spoke in support of the appeal.
Council asked questions of appellant. Applicant David Lambert
spoke in opposition to the appeal. Council asked questions of
applicant. Member of the public Ken Schonlau spoke in support of
the appeal. Appellant Stephanie Barbanell presented a rebuttal.
Discussion was held. Mayor Pro Tempore Finkel moved to continue
this item for one week. The motion died for lack of a second.
Councilmember Genser moved to deny the appeal, uphold the
findings of the Planning Commission, and allow the issuance of
the liquor license. Second by Councilmember Abdo. Discussion
was held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
Jennings, Reed, Mayor Zane
Abstain: Councilmember Finkel
Absent: Councilmember Katz
Mayor Pro Tempore Finkel requested that the record reflect that
he was abstaining from the vote on this issue, not because he has
a concern about the merits of the project, but because he has a
concern about not giving people an opportunity to state their
case when they have objections to something, when there's no harm
in giving them the chance to do so.
4-A: PROCLAMATION/OLDER AMERICANS MONTH: Mayor Pro Tempore
Finkel presented a proclamation on behalf of the Mayor and City
Council to Leo Kessler of the Commission on Older Americans
proclaiming the month of May as Older Americans Month in the City
of Santa Monica, and commending the Older Americans for their
valuable contribution made through their involvement in the
community.
6-A: MINUTES APPROVAL: Presented for approval were the City
Council minutes for the meetings of April 10 and April 17, 1990,
as presented, and April 24, 1990, as corrected. Councilmember
Genser moved to approve the minutes of April 10, and April 17 as
presented, and to approve the minutes of April 24, 1990, with the
following correction: Item 8-A, page 4, Mayor Pro Tempore
Finkel's vote on the motion to continue the meeting to 12:45
A.M., was affirmative. Second by Mayor Pro Tem Finkel. The
motion was unanimously approved, Councilmember Katz absent.
8-D: HARDSHIP EXCEPTION/NORTH OF WILSHIRE MORATORIUM: Presented
was a staff report transmitting an ordinance for introduction and
first reading authorizing a hardship exception to Ordinance
Number 1507(CCS), regarding the North of Wilshire Moratorium.
Council asked questions of staff. Member of the public Joy
Fullmer expressed her concerns. Member of the public Suzanne
Abrescia spoke in opposition to the hardship exception.
Discussion was held. Mayor Pro Tempore Finkel moved to introduce
an ordinance for first reading entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING A HARDSHIP
EXCEPTION TO ORDINANCE NUMBER 1507(CCS)," reading by title only
and waiving further reading thereof. Second by Councilmember
Reed. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Genser,
Jennings, Reed
Negative: Councilmember Abdo, Mayor Zane
Absent: Councilmember Katz
8-E: BUSINESS LICENSE TAXES: Mayor Zane moved to adopt
Ordinance No. 1523(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA REPEALING VARIOUS SECTIONS OF
CHAPTERS 1 AND 2 OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE
AND ADDING SUBCHAPTERS 1A, 1B, 1C, AND 1D TO ARTICLE VI OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAXES,"
reading 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, Finkel, Genser,
Mayor Zane
Negative: Councilmembers Jennings, Reed
Absent: Councilmember Katz
Councilmembers Jennings and Reed requested that the record
reflect that they voted "no" on this issue for the reasons stated
earlier this evening.
13-A/14-H: MAIN STREET PARKING AND TRAFFIC ISSUES/MAIN STREET
ASSESSMENT DISTRICT/MAIN STREET COMMITTEE OF CHAMBER OF COMMERCE:
Brandon MacNeal, on behalf of The Main Street Assessment District
and The Main Street Committee of the Chamber of Commerce,
addressed Council regarding traffic and parking issues on Main
Street. Discussion was held. Councilmember Abdo moved to direct
staff to analyze recommendations as presented by Mr. MacNeal and
report back to Council regarding possible parking modifications
as soon as possible. Second by Councilmember Genser.
Councilmember Genser moved to amend the motion to include
analysis of validated parking in Lot 9, consideration of needs of
residents when adjusting meter length in Lot 11, and the
possibility of narrowing Main Street at the point of potential
mid-block crosswalks. The amendment was accepted as friendly.
The motion unanimously approved, Councilmember Katz absent.
13-B/13-C: JUDITH FIRESTONE AND MARK ERWIN/TORCA CONVERSION:
Presented were the requests of Judith Firestone and Mark Erwin to
address Council regarding TORCA conversion/condominium
subdivision. Ms. Firestone and City staff addressed Council
regarding a possible abuse of the TORCA program. Discussion was
held. Councilmember Reed moved to refer this matter to staff for
investigation. Second by Councilmember Genser. The motion was
unanimously approved, Councilmember Katz absent. Councilmember
Reed moved to have a study session at 6:30 P.M., May 15, 1990,
regarding TORCA procedures. Mayor Zane moved to amend the motion
to include a discussion of the definition of "resident". The
amendment was accepted as friendly. Second by Councilmember
Genser. The motion was unanimously approved, Councilmember Katz
absent.
14-A: TROPICAL TIMBER: Mayor Pro Tempore Finkel initiated
discussion regarding the preparation of an ordinance banning the
use of tropical timber in municipal buildings and moved to direct
the City Attorney to study the proposed ordinance which is
currently being considered by the City of Berkeley to determine
the possibility of adopting a similar ordinance by the City of
Santa Monica and, having made a determination of scope, return
with a proposed ordinance. Second by Councilmember Genser.
Councilmember Reed moved a substitute motion to direct the City
Attorney to draft and return to Council an appropriate resolution
committing the City to not utilizing or purchasing any of the
wood products referenced by Mayor Pro Tempore Finkel's item to
the Council. The motion died for lack of a second. Discussion
was held. Councilmember Genser moved to extend the meeting to
11:30 P.M. Second by Mayor Pro Tempore Finkel. The motion was
approved, Councilmember Reed opposed, Councilmember Katz absent.
Discussion continued. 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 she
voted "no" on this item as she does not feel that it is an
appropriate use of the City Attorney's time.
14-B: CONDOMINIUM TAX: Presented was the request of Mayor Zane
to discuss increasing the Condominium Tax. Mayor Zane moved to
direct staff to survey other communities regarding the issue of
condominium taxes. Second by Councilmember Abdo. The motion was
unanimously approved, Councilmember Katz absent.
14-C: RENT CONTROL REFORMS: The request of Mayor Zane to
discuss Rent Control reforms was continued to the meeting of May
15, 1990.
14-D: HOUSING COMMISSION: Presented was the matter of the
appointment of a member to the Housing Commission. Councilmember
Genser moved to continue this appointment to the meeting of May
15, 1990. Second by Mayor Pro Tempore Finkel. The motion was
unanimously approved, Councilmember Katz absent.
14-E: SB2551/SOLID WASTE: Presented was the request of
Councilmember Reed to discuss endorsement of SB2551 (Marks), a
bill to add Section 41960 to the Public Resources Code, relating
to solid waste. Councilmember Reed moved to endorse SB2551 and
authorize staff to communicate Council's support to
representatives and Senator Marks. Second by Mayor Zane. The
motion was unanimously approved, Councilmember Katz absent.
14-G: PASSENGER RAIL AND CLEAN AIR BOND ACT/TRAFFIC CONGESTION
RELIEF AND SPENDING LIMITATION ACT/RAIL TRANSPORTATION BOND ACT:
Presented was the request of Mayor Zane to discuss support for
State Proposition 108 "Passenger Rail and Clean Air Bond Act of
1990," Proposition 111 "Traffic Congestion Relief and Spending
Limitation Act of 1990," and Proposition 116 "Rail Transportation
Bond Act." Mayor Zane moved to express Council's endorsement of
Propositions 108, 111, and 116, and to communicate said
endorsement to citizens of Santa Monica and to the League of
California Cities. Second by Mayor Pro Tempore Finkel. The
motion was unanimously approved, Councilmember Katz absent.