CITY OF SANTA MONICA
CITY COUNCIL MEETING 11/12/91
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 City Council minutes of October 29,
1991, were approved as submitted.
6-B: WORKSITE TRANSPORTATION PLANS/TRANSPORTATION IMPACT FEES:
Ordinance No. 1604(CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2B TO ARTICLE
IX OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE NEW AND EXISTING
NON-RESIDENTIAL DEVELOPMENT PROJECTS TO ADOPT WORKSITE
TRANSPORTATION PLANS AND TO PAY TRANSPORTATION IMPACT FEES TO
REDUCE TRAFFIC CONGESTION AND IMPROVE AIR QUALITY IN THE CITY,"
was adopted.
Staff Report
6-D: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8319(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-91-177)," was adopted,
thereby setting a public hearing date of December 10, 1991.
Staff Report
6-E: FINAL SUBDIVISION MAP/TRACT NO. 48341/TPC-114/1834 9TH
STREET: Resolution No. 8320(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 48341 FOR A PROJECT AT 1834
9TH STREET," was adopted, thereby approving a 5-unit
tenant-participating conversion project at 1834 9th Street.
Staff Report
6-F: FINAL SUBDIVISION MAP/TRACT NO. 48922/TPC-099/3120-30
BROADWAY AND 1502 FRANKLIN STREET: Resolution No. 8321(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT
NO. 48922 FOR A PROJECT AT 3120-30 BROADWAY AND 1502 FRANKLIN
STREET," was adopted, thereby approving a 6-unit
tenant-participating conversion project at 3120-30 Broadway and
1502 Franklin Street.
Staff Report
6-G: JOB CLASSIFICATIONS & SALARY RATES/COMMUNITY SERVICES
OFFICER I/COMMUNITY SERVICES OFFICER II: Resolution No.
8322(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND
ADOPTING SALARY RATES FOR THE CLASSIFICATIONS OF COMMUNITY
SERVICES OFFICER I AND COMMUNITY SERVICES OFFICER II," was
adopted.
Staff Report
6-H: PHYSICALLY HANDICAPPED ZONES/823 19TH STREET/2516 26TH
STREET/1230 GEORGINA AVENUE: Resolution No. 8323(CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING PHYSICALLY HANDICAPPED ZONES ADJACENT TO 823 19TH
STREET, 2516 26TH STREET, AND 1230 GEORGINA AVENUE," was adopted.
Staff Report
6-K: EXTENSION OF INTERIM FINANCING/AFFORDABLE HOUSING PROJECT:
The recommendation to extend from three to eight years interim
financing in the amount of $537,531 for a thirty-unit affordable
housing project was continued to the meeting of November 19,
1991.
6-N: TESTING AND SITE ASSESSMENT/FUEL TANKS & FUELING
FACILITIES: Contract No. 5793(CCS) with Lindmark Engineering in
an amount not to exceed $350,000 for testing and site assessment
associated with City-owned fuel tanks and fueling facilities was
approved.
Staff Report
6-O: ASSESSMENT DISTRICT/CONSTRUCTION OF CONCRETE PAVEMENT:
Resolution No. 8324(CCS) entitled: "A RESOLUTION OF INTENTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC
HEARING ON DECEMBER 10, 1991 FOR THE PURPOSE OF DETERMINING
WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
CONSTRUCTION OF CONCRETE PAVEMENT AND OTHER APPURTENANT WORK ON
LINCOLN COURT BETWEEN OLYMPIC BOULEVARD AND MICHIGAN AVENUE AS
SHOWN ON CITY DRAWING NO. 5986, IN THE CITY OF SANTA MONICA," was
adopted, thereby setting a public hearing date of December 10,
1991.
Staff Report
END OF CONSENT CALENDAR
6-C: USE OF PUBLIC RESTROOMS: Presented was an ordinance for
adoption and second reading adding Section 4214 to the Santa
Monica Municipal Code regulating the use of public restrooms.
Council asked questions of staff. Member of the public Gloria
Allred spoke in opposition to the proposed ordinance. Mayor Pro
Tempore Genser moved to adopt Ordinance No. 1605(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 4214 TO THE SANTA MONICA MUNICIPAL CODE REGULATING
THE USE OF PUBLIC RESTROOMS," reading by title only and waiving
further reading thereof. Second by Councilmember Olsen.
Discussion was held. The motion was approved by the following
vote:
Staff Report
Council vote: Unanimously approved 7-0
6-I: AIDS EDUCATION AND SERVICE PROGRAM: Presented was the
staff report recommending the negotiation and execution of a
contract with Westside Ecumenical Conference (WEC) in an amount
not to exceed $65,000 to provide a Santa Monica based AIDS
education and service program, and a one-time direct funding to
Westside Womens' Clinic in the amount of $17,500, to provide AIDS
testing. Councilmember Holbrook excused himself from
deliberations on this item due to a possible conflict of
interest. Council asked questions of staff. Member of the
public Paula LeShay spoke in support of funding. Discussion was
held. Mayor Abdo moved to approve Contract No. 5791(CCS) with
Westside Ecumenical Conference in an amount not to exceed $65,000
and approve an appropriation of $17,500 to the Westside Womens'
Clinic. Second by Councilmember Katz. The motion was approved
by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Katz, Olsen,
Vazquez, Zane, Mayor Abdo
Absent: Councilmember Holbrook
6-J: SANTA MONICA STATE BEACH OPERATING AGREEMENT: Presented
was the staff report recommending that the City Manager be
authorized to negotiate and execute an amendment to the Santa
Monica State Beach Operating Agreement to delete three parcels on
Palisades Beach Road. Discussion was held. Council asked
questions of staff. Councilmember Vazquez moved to authorize the
City Manager to negotiate and execute an amendment to the 1981
City/State Santa Monica State Beach Operating Agreement to delete
three parcels on Palisades Beach Road. Second by Councilmember
Katz. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Holbrook, Katz,
Vazquez, Zane, Mayor Abdo
Negative: Councilmembers Genser, Olsen
Mayor Pro Tempore Genser requested that the record reflect that
he voted "no" on this item because he feels that it is
inappropriate to acquiesce to the sale of scarce, public,
beachfront land.
6-L: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 91-020/301 SANTA
MONICA PIER: Presented was the staff report recommending that
the Council approve the Statement of Official Action for Appeal
of Conditional Use Permit 91-020, 301 Santa Monica Pier.
Discussion was held. Mayor Pro Tempore Genser moved to approve
the Statement of Official Action which contains findings and
conditions of approval for Conditional Use Permit 91-020, with
the following corrections to the Alcohol Outlet Conditions: Page
6, Condition 3, should be amended to read "Any minimum purchase
requirement may be in the form of food, beverages, or both,
according to the patron's choice"; Page 6, Condition 6(b) should
be amended to read "When the outdoor restaurant and/or patio is
being used for private events (parties, receptions not open to
the general public), alcoholic beverages may be served only when
food or meals are available." Second by Councilmember Katz. The
motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Katz, Vazquez, Zane, Mayor Abdo
Negative: Councilmember Olsen
City Attorney Myers took his seat at the dias at 8:42 P.M.
6-M: MODEL TO ASSESS THE IMPACT OF DEVELOPMENT ON CITY SERVICES:
Presented was the staff report recommending that the City Manager
be authorized to negotiate and execute a contract with Ralph
Andersen & Associates in the amount of $50,115.00 to develop a
model to assess the impact of new development on City services.
Member of the public Joy Fullmer expressed her concerns.
Discussion was held. Mayor Pro Tempore Genser moved to approve
Contract No. 5792(CCS) with Ralph Andersen & Associates at a cost
of $50,115 for the preparation of an FIND Model with the addition
that the ultimate model return to the Planning Commission and
City Council for discussion and approval prior to its adoption.
Second by Councilmember Olsen. The motion was approved by the
following vote:
Staff Report
Council vote: Unanimously approved 7-0
6-P: PURCHASE OF TWO SEDANS: Presented was the staff report
recommending award of Bid No. 2377 to Cone Chevrolet in the
amount of $31,850.94 for two new 4-door sedans for the
Administration Division, Fire Department. Discussion was held.
Mayor Pro Tempore Genser moved to continue this item to the
meeting of November 19, 1991. Second by Councilmember Zane. The
motion was unanimously approved.
Staff Report
7-A: APPEAL/DR 89-004/CUP 89-019/PERFORMANCE STANDARD PERMIT
80-017/2221 WILSHIRE BOULEVARD: The appeal of Planning
Commission technical denial of a modification to the expiration
period of DR 89-004, CUP 89-019 and Performance Standard Permit
80-017 to allow a one-year time extension on a three-story mixed
use building proposed at 2221 Wilshire Boulevard was continued to
the meeting of December 3, 1991.
7-B: APPEAL/TPC 150/2021 CLOVERFIELD BOULEVARD: Presented was
the appeal of a Planning Commission denial of Tenant
Participating Conversion 150 at 2021 Cloverfield Boulevard.
Applicant/Appellant: Sunisa Pongputmong. Council asked
questions of staff. Mayor Pro Tempore Genser moved to hear
members of the public for three minutes each. Second by
Councilmember Katz. The motion was unanimously approved. Member
of the public Michael Koenig spoke in support of the appeal.
Member of the public Gary Myers spoke in opposition to the
appeal. Discussion was held. Mayor Pro Tempore Genser moved to
deny the appeal and uphold the determination of the Planning
Commission which was to deny the application, and directed staff
to return with findings. The motion was seconded and approved by
the following vote:
Staff Report
Council vote: Unanimously approved 7-0
Councilmember Zane moved to hear Item 14-E at this time. Second
by Councilmember Katz. The motion was unanimously approved.
14-E: NATIONAL GUARD ARMORIES: Councilmember Zane presented his
request to discuss the Governor's decision to open National Guard
Armories for the homeless during the winter. Councilmember Zane
moved to direct the Mayor to draft a proclamation expressing the
gratitude of the City to the Governor in appreciation of his
efforts and hoping that this is just the beginning and that there
are other similar, cooperative-type efforts to be accomplished in
the near future. Second by Mayor Pro Tempore Genser. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
Councilmember Zane moved that the City go on record and the Mayor
and City staff communicate to appropriate County of Los Angeles
officials, particularly Santa Monica's supervisor, about the
urgent need for the County to join in taking advantage of this
opportunity and to remove whatever obstacles necessary so that
the armories will become available at the earliest practical
date. Second by Councilmember Vazquez. The motion was
unanimously approved.
At 9:41 P.M., Council adjourned for a short recess. Council
reconvened at 10:03 P.M.
8-A: EXTENSION OF CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND
HOTEL DEVELOPMENT: Presented was an ordinance for introduction
and first reading extending the Citywide moratorium on
nonresidential and hotel development. Council asked questions of
staff. At 10:24 P.M., Mayor Abdo declared the public hearing
open. Member of the public Rick Solberg requested that special
consideration be given to the airport and questioned the
necessity of the proposed extension. Member of the public Joy
Fullmer expressed her concerns. Member of the public David Oh
spoke in support of the staff recommendation. Member of the
public Patrick Bailey spoke in opposition to the extension of the
moratorium on non-residential building as proposed. Mayor Abdo
closed the public hearing at 10:35 P.M. Council asked questions
of staff. Discussion was held. Councilmember Zane moved to
introduce the ordinance with the inclusion of the language staff
has recommended with respect to the neighborhood-serving uses,
e.g., grocery stores, for the purpose of this ordinance; that
replacement of demolished buildings is not being counted and the
issue as to what is relevant to the purposes of the exemption is
the net new square feet as provided in the language in SECTION
3(e) which the staff provided; and include in SECTION 3(c) the
following text: "For purposes of calculating floor area as it
relates to this ordinance, above grade parking shall be exempt
from the floor area calculation," for the purposes of the
moratorium ordinance only. Second by Mayor Abdo on the condition
that language is added to the sentence regarding above grade
parking clarifying the phrase which says at-grade covered and
above-grade parking. Mayor Pro Tempore Genser moved to amend the
motion that language with respect to neighborhood-serving uses be
limited to grocery stores. Discussion was held. Second by
Councilmember Olsen. The motion failed by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Olsen
Negative: Councilmembers Holbrook, Katz,
Vazquez, Zane, Mayor Abdo
Discussion was held. Councilmember Zane amended his motion that
language with respect to neighborhood-serving uses be stated as
follows: "single-purpose, single-tenant, neighborhood-serving
grocery stores and pharmacies." Discussion was held.
Councilmember Zane amended his motion to include exemption for
grocery stores at or below 25,000 square feet, as long as they
apply for and receive a development review permit. The amendment
was accepted by the maker of the second. Discussion was held.
Mayor Pro Tempore Genser moved to amend the motion to allow a
four-month extension rather than a six-month extension. The
motion died for lack of a second. Discussion was held.
Councilmember Katz moved to extend the meeting to 12:00 Midnight.
Second by Councilmember Zane. The motion was unanimously
approved. The main motion, as amended, was approved by the
following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Katz, Vazquez, Zane, Mayor Abdo
Negative: Councilmember Olsen
Councilmember Zane moved to direct staff to return with a review
of the issues pertaining to the airport and its inclusion or
exclusion from the 15,000 square foot exemption and
recommendations as to how the City might, if the Council so
chose, effectuate an exemption that ensures that the public's
concern about appropriate standards and project review are
provided. The motion was duly seconded and approved by the
following vote:
Council vote: Unanimously approved 7-0
8-B: ASSESSMENT ON BUSINESSES/BUSINESS IMPROVEMENT AREA:
Presented was an ordinance for introduction and first reading
authorizing the City to impose an assessment on businesses within
a parking and business improvement area. Council asked questions
of staff. At 11:10 P.M., Mayor Abdo declared the public hearing
open. Member of the public Joy Fullmer expressed her concerns.
Mayor Abdo closed the public hearing at 11:12 P.M. Mayor Pro
Tempore Genser moved to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY TO IMPOSE AN ASSESSMENT ON BUSINESSES
WITHIN A PARKING AND BUSINESS IMPROVEMENT AREA," reading by title
only and waiving further reading thereof. Second by
Councilmember Holbrook. The motion was approved by the following
vote:
Staff Report
Council vote: Unanimously approved 7-0
8-C: CONTRACT AMENDMENT/PERS CREDIT FOR MILITARY SERVICE:
Presented was an ordinance for introduction and first reading
amending the contract between the City of Santa Monica and the
Board of Administration of the California Public Employees
Retirement System (PERS), permitting military service to be
credited toward PERS benefits. At 11:13 P.M., Mayor Abdo
declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Mayor Abdo closed the public
hearing at 11:14 P.M. Councilmember Zane moved to introduce for
first reading an ordinance entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM," reading by title only and waiving further reading
thereof. Second by Councilmember Katz. Council asked questions
of staff. Mayor Abdo moved to amend the motion to direct staff
to investigate other options with regard to the inclusion of
credit toward PERS benefits for other types of service. The
motion was accepted as friendly. Discussion was held. The
motion was approved by the following vote:
Staff Report
Council vote: Unanimously approved 7-0
8-D: PREFERENTIAL PARKING ZONE O: Presented was an ordinance
for introduction and first reading amending Municipal Code
Section 32380 relating to Preferential Parking Zone O on 21st and
22nd Streets between Wilshire Boulevard and California Avenue.
At 11:16 P.M., Mayor Abdo declared the public hearing open.
There being no one wishing to address Council on this item, Mayor
Abdo closed the public hearing. Councilmember Zane 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 SECTION 32380 RELATING TO PREFERENTIAL
PARKING ZONE O," reading by title only and waiving further
reading thereof. Second by Councilmember Katz. The motion was
approved by the following vote:
Staff Report
Council vote: Unanimously approved 7-0
8-E: EXTENSION OF MORATORIUM/MULTIFAMILY RESIDENTIAL
DEVELOPMENT/IMPLEMENTATION OF PROPOSITION R: The ordinance for
introduction and first reading to extend the moratorium on
multifamily residential development and discussion implementation
of Proposition R was continued to the meeting of November 19,
1991.
9-A: SIGNIFICANT TRAFFIC IMPACT: The recommendation to select
the criteria for defining a significant traffic impact for
purposes of environmental review was continued to the meeting of
November 19, 1991.
9-B: MAIN STREET MASTER PLAN: The recommendation to conduct a
public hearing on the Main Street Master Plan and proposed
ordinance revisions to adopt the Main Street Master Plan and
direct the City Attorney to prepare proposed revisions to the
Zoning Ordinance was continued to the meeting of November 19,
1991.
9-C: CLOSED SESSION: Held at end of meeting.
10-A: SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD
HAZARDOUS WASTE ELEMENT: Presented was the public hearing on the
City of Santa Monica's Source Reduction and Recycling Element and
Household Hazardous Waste Element to comply with Assembly Bill
939. Council asked questions of staff. At 11:22 P.M., Mayor
Abdo declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Mayor Abdo closed the public
hearing at 11:25 P.M. Discussion was held. No action was taken.
Staff Report
Councilmember Katz moved to extend the meeting to 1:00 A.M.
Second by Councilmember Olsen. The motion was unanimously
approved.
13-A: MRS. J. CURRAN/MUNICIPAL COURT SYSTEM: The request of
Mrs. J. Curran to address Council regarding the Municipal Court
system was received and filed.
14-A: OUTDOOR ALCOHOL SERVICE POLICY/THIRD STREET PROMENADE:
Councilmember Holbrook withdrew his request to address Council
regarding the outdoor alcohol service policy on the Third Street
Promenade.
14-B: APPOINTMENT OF MEMBER/MOSQUITO ABATEMENT DISTRICT: The
appointment of a member to the Mosquito Abatement District was
continued to the meeting of November 19, 1991.
14-C: APPOINTMENT OF MEMBERS/PIER RESTORATION CORPORATION BOARD
OF DIRECTORS: The appointment of members to the Pier Restoration
Corporation Board of Directors was continued to the meeting of
November 19, 1991.
14-D: NO SMOKING ORDINANCE: Mayor Abdo and Councilmember Olsen
presented their request to discuss a no smoking ordinance to
parallel action taken by the Los Angeles City Council. Mayor
Abdo moved to ask the City Attorney to work with the City of Los
Angeles to prepare a no smoking ordinance for restaurants which
is stronger than the current ordinance and which is parallel to
the ordinance of the City of Los Angeles and to investigate
strengthening other aspects of the City's current smoking
ordinance(s). Second by Councilmember Zane. Councilmember Zane
moved to amend the motion to suggest that, should the Council act
in favor of the above motion, the Mayor be directed to send
letters to all councilmembers of the five summit cities informing
them of the intention to work in this concerted fashion with the
City of Los Angeles and to encourage the other cities to do the
same. The motion was accepted as friendly. Discussion was held.
The motion was unanimously approved.
14-E: NATIONAL GUARD ARMORIES: (Considered earlier in evening)
14-F: CABLE CONSUMER PROTECTION ACT OF 1991 (HR 3560): The
request of Mayor Pro Tempore Genser to discuss support for the
Cable Consumer Protection Act of 1991 (HR 3560) was continued to
the meeting of November 19, 1991.
14-G: OPPOSITION TO BUDGET CUTBACKS/CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL: Presented was the request of Mayor
Pro Tempore Genser to discuss adoption of a resolution in
opposition to budget cutbacks at the California Department of
Alcoholic Beverage Control. Mayor Pro Tempore Genser moved to
adopt Resolution No. 8325(CCS) entitled: RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA IN OPPOSITION TO BUDGET
CUTBACKS AT THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL, reading by title only and waiving further reading
thereof, and request the Mayor to forward same to legislators and
the Governor. Second by Mayor Abdo. The motion was unanimously
approved.
15: PUBLIC INPUT: Member of the public Joy Fullmer addressed
Council regarding recycling. Member of the public Art Casillas
addressed Council regarding drugs and gang activities. Member of
the public J. L. Jacobson addressed Council regarding TPC-150,
Item No. 7-B, above. Member of the public David Edmondson
praised the work of the City Council and presented flowers to
Mayor Abdo and conveyed his concern about the possible closure of
the Olive Stone Center.
At 12:50 A.M., Council adjourned to Closed Session to consider
personnel matters and threatened litigation, pending litigation
and litigation to be commenced by the City.
At 2:15 A.M., Council reconvened with all members present.
9-B. CLOSED SESSION. No action taken.