CITY OF SANTA MONICA
CITY COUNCIL MEETING 12/03/91
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.
4-A: INSTALLATION OF MAYOR & MAYOR PRO TEMPORE: Ken Genser was
installed as Mayor and Judy Abdo was installed as Mayor Pro
Tempore. Presentations were made to outgoing Mayor Abdo.
At 8:00 P.M., Council adjourned for a short recess. Council
reconvened at 8:03 P.M. with all members present.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tempore Judy Abdo
Councilmember Robert T. Holbrook
Councilmember Herbert Katz
Councilmember Kelly Olsen
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Dykhouse
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
Katz moved to approve the Consent Calendar, excluding Item Nos.
6-F and 6-G, reading resolutions and ordinances by title only and
waiving further reading thereof. Second by Councilmember
Holbrook. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
6-A: FINAL SUBDIVISION MAP/PARCEL NO. 21890/CONDOMINIUMS/216
BICKNELL AVENUE: Resolution No. 8329(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO.
21890 FOR A PROJECT AT 216 BICKNELL AVENUE," was adopted, thereby
approving a two-unit condominium project at 216 Bicknell Avenue.
6-B: DEMOLITION OF BUILDINGS/DEAK PLUMBING & SHURGIN SITES:
Contract No. 5800(CCS) was awarded to Neighborhood Resource
Development Corporation in the amount of $43,700 for the
demolition of buildings at the Deak Plumbing and Shurgin Sites
adjacent to Virginia Park.
6-C: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 91-007/1360 3RD
STREET PROMENADE: The Statement of Official Action, which
contains findings for denial of Conditional Use Permit 91-007,
was approved.
6-D: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 90-075/VTTM
50221/1226 11TH STREET: The Statement of Official Action, which
contains findings and conditions of approval for Conditional Use
Permit 90-075 and Vesting Tentative Tract Map 50221, was
approved.
6-E: LOS ANGELES COUNTY COORDINATED PARATRANSIT NETWORK:
Resolution No. 8330(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY TO
PARTICIPATE IN THE LOS ANGELES COUNTY COORDINATED PARATRANSIT
NETWORK," was adopted, thereby authorizing the City to
participate in the Los Angeles County coordinated paratransit
network to provide complimentary paratransit service to disabled
individuals.
END OF CONSENT CALENDAR
6-F: TOXIC CLEANUP EQUITY AND ACCELERATION ACT OF 1991, S 1557,
AND HR 3026: Presented was a resolution in support of the Toxic
Clean-up Equity and Acceleration Act of 1991, S 1557 and HR 3026.
Member of the public Joy Fullmer expressed her concerns.
Councilmember Katz moved to adopt Resolution No. 8331(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA IN SUPPORT OF THE TOXIC CLEANUP EQUITY AND ACCELERATION
ACT," reading by title only and waiving further reading thereof.
Second by Councilmember Zane. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
6-G: WESTSIDE URBAN FORUM: Presented was the staff
recommendation for contribution to Westside Urban Forum to assist
in funding a model affordable housing study. Member of the
public Joy Fullmer expressed her concerns. Councilmember Zane
moved to approve a contribution in the amount of $5,000 to the
Westside Urban Forum to assist in funding a model affordable
housing study. Second by Councilmember Katz. Discussion was
held. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
7-A: APPEAL/DR 89-004/CUP 89-019/PERFORMANCE STANDARD PERMIT
80-017/2221 WILSHIRE BOULEVARD: Presented was 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. Applicant/Appellant: Century West Development, Inc.
Council asked questions of staff. Sherman Stacey, representing
the applicant/appellant, spoke in support of the appeal and in
support of a time extension. Council asked questions of Mr.
Stacey. Members of the public Merritt Coleman, Michael Brourman,
George Hickey, Stuart Ziff, and Ken Breisch spoke in opposition
to the project, appeal, and request for time extension. Members
of the public Tom Pyne, James Lunsford, Dee Menzies, Dick
Lawrence, Adrienne Anderson, C. E. Anderson, Regina Bonann, Mary
Anita von Saltza, Scott Brutzman, Norma Gonzales, Bob Gabriel,
Richard Kudo, Carter Ruby (speaking for Josephine Chin), Phil
Smalec, Noel Dennis, and Dorinne Lee spoke in support of a 90-day
time extension. Members of the public Donald Nelson, Peter
Solomon, Stephen Alpert, and Manfred Schlosser spoke in
opposition to the 90-day extension. Councilmember Zane moved to
hear late speakers for two minutes each. Second by Councilmember
Vazquez. The motion was unanimously approved. Members of the
public Sabine Schlosser, Dieter Schlosser, and Miriam Goldsmith
spoke in opposition to the project, appeal, and request for time
extension.
At 10:20 P.M., Council adjourned for a short recess. Council
reconvened at 10:30 P.M. Councilmember Katz reported present at
10:32 P.M., Councilmember Abdo at 10:34 P.M. and Councilmember
Holbrook at l0:35 P.M.
7-A: APPEAL/DR 89-004/CUP 89-019/PERFORMANCE STANDARD PERMIT
80-017/2221 WILSHIRE BOULEVARD (RESUMED): Council asked
questions of staff. Discussion was held. Councilmember Zane
moved to grant the extension for 90 days from today due to
wrongful inducement of the City, but deny the issues with respect
to the TMP and deny the request for a one-year extension. Second
by Councilmember Katz. Discussion was held. Councilmember Zane
moved to extend the meeting to 12:30 A.M. Second by
Councilmember Vazquez. The motion was unanimously approved.
Discussion continued. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook, Katz,
Vazquez, Zane
Negative: Councilmember Olsen, Mayor Genser
8-A: EXTENSION OF MORATORIUM/NON-RESIDENTIAL & HOTEL
DEVELOPMENT: Presented was an ordinance for adoption and second
reading extending the citywide moratorium on non-residential and
hotel development. There were no members of the public wishing
to speak. Councilmember Katz moved to adopt Ordinance No.
1610(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE CITYWIDE MORATORIUM ON
NONRESIDENTIAL AND HOTEL DEVELOPMENT," reading by title only and
waiving further reading thereof. Second by Councilmember
Holbrook. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
8-B: VARIANCE PROCEDURES/ADJUSTMENT PROCEDURES/BUILDING
ADDITIONS: Presented was an ordinance for introduction and first
reading amending Sections 9113.1, 9113.3, 9113.5, 9113.7, 9113.8,
and Subchapter 10Q to Article 9, Chapter 1 of the Santa Monica
Municipal Code relating to variance procedures, adjustment
procedures, and building additions into required side yards.
Council asked questions of staff. At 11:28 P.M., Mayor Genser
declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Members of the public Jim Hahn,
Michael Mann, Leigh Hovey, Jay Leanse and Clifford Werber spoke
in support of the staff recommendation. Mayor Genser closed the
public hearing at 11:45 P.M. Discussion was held. Councilmember
Zane moved to continue this item to December 17, 1991, and ask
the Housing Division staff to review the document and return for
Council action with no public hearing to be held at that time.
Second by Mayor Pro Tempore Abdo. Discussion was held.
Councilmember Katz moved a substitute motion to introduce the
ordinance with the exception of item 6-E, changing the bonus
density to 5%. Second by Mayor Genser. Discussion was held.
Councilmember Zane moved to table this item for two weeks and
elicit assurances from Housing Division staff that affordable
housing is not adversely affected by this ordinance. Second by
Councilmember Vazquez. The motion to table failed by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Vazquez, Zane
Negative: Councilmembers Holbrook, Katz,
Olsen, Mayor Genser
Discussion was held. Councilmember Katz withdrew his motion.
The main motion was approved by the following vote:
Council vote: Unanimously approved 7-0
9-A: PROPOSITION R: Presented was the staff report recommending
direction to the City Attorney to prepare an ordinance
implementing Proposition R and supplemental information. Council
asked questions of staff. Members of the public Ray Morando and
Thane Roberts spoke in opposition to the proposed implementation
of Proposition R. Councilmember Zane moved to direct the City
Attorney to draft an ordinance that provides that new,
multi-family projects proposed on sites which are occupied by and
require the demolition of multi-family housing rented at levels
affordable to households at the County median income, that in
those instances the development be required to provide 30%, using
30% as the inclusionary requirement, units onsite affordable to
low- and moderate-income people; include in this draft the
rounding-up of all instances of a fraction provision; and, for
sites which do not require the demolition of affordable housing
as described, that the first whole number and any fraction
thereof be counted as a fee with the first whole number 100% and
any fraction being a percentage of a cost of a low-income unit
and any subsequent whole numbers be required to be a
moderate-income unit onsite. Second by Councilmember Vazquez.
Discussion was held. Councilmember Zane moved to extend the
meeting to 1:00 A.M. Second by Mayor Pro Tempore Abdo. The
motion was approved, Councilmembers Katz and Holbrook opposed.
Discussion continued. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook,
Olsen, Vazquez, Zane, Mayor Genser
Negative: Councilmember Katz
Councilmember Katz was excused from the meeting at 12:37 A.M.
9-B: CLOSED SESSION: Held at end of meeting.
10-A: STREETLIGHTING DISTRICT/24TH STREET: Presented was the
public hearing on proposed streetlighting district on 24th Street
between Wilshire Boulevard and Arizona Avenue. At 12:38 A.M.,
Mayor Genser declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. Mayor Genser closed
the public hearing at 12:40 A.M. Mayor Pro Tempore Abdo moved to
adopt Resolution No. 8332(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRES THE CONSTRUCTION OF
STREETLIGHTING AND APPURTENANT WORK AND ORDERS WORK TO BEGIN ON
TWENTY FOURTH STREET BETWEEN WILSHIRE BOULEVARD AND ARIZONA
AVENUE AS SET FORTH IN RESOLUTION OF INTENTION NUMBER 8314(CCS),"
reading by title only and waiving further reading thereof.
Second by Councilmember Vazquez. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook,
Olsen, Vazquez, Zane, Mayor Genser
Absent: Councilmember Katz
Councilmember Katz resumed his seat at the dais at 12:41 A.M.
11-A: FUNDING FOR RESEARCH ASSISTANCE/CHARTER REVIEW COMMISSION:
Presented was the recommendation of the Charter Review Commission
for funding for research assistance. Member of the Charter
Review Commission Chris Harding spoke in support of the
recommendation of the Charter Review Commission for funding for
research assistance. Mayor Pro Tempore Abdo moved to approve the
request of the Charter Review Commission for funding for research
assistance not to exceed $10,000. Second by Councilmember Katz.
Council asked questions of staff. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
Councilmember Katz was excused from the meeting at 12:45 A.M.
13-A: JEAN-MARIE WEBSTER: Jean-Marie Webster presented her
request to address Council regarding dogs exercising off a leash
in designated parks and remote areas of the beach. Council asked
questions of Ms. Webster. Councilmember Zane moved to direct
staff to identify an appropriate park or an appropriate area
within a park which would provide an opportunity for a controlled
access area for pets and pet owners. Second by Mayor Pro Tempore
Abdo on the condition that the possibility of areas in more than
one park be investigated. Councilmember Zane moved to amend his
motion to include an investigation of the possibility of
utilizing beach areas for limited hours with appropriate
regulatory overseeing. Discussion was held. The motion was
unanimously approved, Councilmember Katz absent.
14-A: CABLE CONSUMER PROTECTION ACT OF 1991: 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 December 17, 1991.
14-B: CONVERSION OF CITY FLEET/LOW-EMISSION & ENERGY EFFICIENT
VEHICLES: The request of Councilmember Zane to discuss a policy
for conversion of the City fleet to low-emission and energy
efficient vehicles was continued to the meeting of December 17,
1991.
14-C: RATE INCREASES/CENTURY CABLE: The request of
Councilmember Katz to discuss rate increases by Century Cable was
continued to the meeting of December 17, 1991.
14-D: APPOINTMENT/RECREATION AND PARKS COMMISSION: Mayor Genser
opened the floor to nominations to fill the vacancy on the
Recreation and Parks Commission. Councilmember Vazquez nominated
M. Rosemary Martinez to the Recreation and Parks Commission.
Councilmember Holbrook nominated Frank Schwengle to the
Recreation and Parks Commission. The vote on the nominations was
as follows:
M. Rosemary Martinez - Councilmembers Abdo, Olsen, Vazquez, Zane
Mayor Genser
Frank Schwengle - Councilmember Holbrook
M. Rosemary Martinez was appointed to the Recreation and Parks
Commission for a term ending June 30, 1993, Councilmember Katz
absent.
14-E: LETTER OF RESIGNATION/M. ROSEMARY MARTINEZ: Mayor Genser
moved to accept the letter of resignation from M. Rosemary
Martinez from the Social Services Commission and authorize the
City Clerk to publish a Notice of Vacancy. Second by Mayor Pro
Tempore Abdo. The motion was unanimously approved, Councilmember
Katz absent.
Councilmember Zane moved to extend the meeting to 1:15 A.M.
Second by Councilmember Vazquez. The motion was unanimously
approved, Councilmember Katz absent.
9-B: CLOSED SESSION: At 12:55 A.M., Council adjourned to Closed
Session for the purpose of discussing personnel matters and the
following cases: Jett Mora v. City of Santa Monica, et al.,
Santa Monica Superior Court Case No. WEC 128 286 and Skolnick v.
City of Santa Monica et al., Santa Monica Superior Court Case No.
SC 007 089.
At 1:23 A.M., Council reconvened with all members present except
Councilmember Katz.
12-B: MEMORANDUM OF UNDERSTANDING/MANAGEMENT TEAM ASSOCIATES:
Mayor Pro Tempore Abdo moved to adopt Resolution No. 8333(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MANAGEMENT TEAM ASSOCIATES," reading by
title only and waiving further reading thereof, approving
Contract No. 5801(CCS). Second by Councilmember Holbrook. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook,
Olsen, Vazquez, Zane, Mayor Genser
Absent: Councilmember Katz
Mayor Pro Tempore Abdo moved to approve settlement in the case of
Skolnick in the amount of $73,573.77. Second by Councilmember
Holbrook. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Holbrook,
Olsen, Vazquez, Zane, Mayor Genser
Absent: Councilmember Katz