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M-10/17/1989 354 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 17, 1989 A special meeting of the Santa Monica city council was called to order by Mayor Zane at 6:25 p.m., on Tuesday, october 17, 1989, in the Council Chambers, for the purpose of holding a study Session. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser (arrived at 7:00 p.m.) Councilmember William H. Jennings councilmember Herbert Katz Councilmember Christine E. Reed Also Present: City Manager John Jalili city Attorney Robert M. Myers Assistant City Clerk Beth J. Holmes SS-l: PLUMBING RETROFIT PROGRAM SURCHARGES: Study Session regarding proposed surcharges Plumbing Retrofit Program. Staff outlined Council and answered questions. Presented was a for the City's the program for 8S-2: REPORT OF SANTA MONICA COMMITTEE FOR YOUTH: Presented was a report of the Santa Monica Committee for Youth. Staff and Committee ~embers presented Council with a report summarizing the results of the city-wide Needs Assessment Survey for Youth Services. Members of the Committee answered questions from Council. ADJOURNMENT OF STUDY SESSION: At 7: 30 p.m., the special city Council Study Session was adjourned. SPECIAL CITY COUNCIL MEETING: At 7:46 p.m., Mayor Zane called to order a Special City Council meeting in the Council Chambers. Roll Call: 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 Also Present: City Manager John Jalili City Attorney Robert M. Myers Assistant City Clerk Beth J. Holmes 1 October 17, 1989 355 Mayor Pro Tempore Finkel led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. CLOSED SESSION: Not held. 4-A: OCTOBER 28, 1989/AIDS FAIR: Mayor Zane presented a proclamation to Jeanne Segal in support of the October 28, 1989, AIDS Fair at Santa Monica COllege. Ms. Segal urged the public to attend. CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING: Not held. PA-l: PARKING AUTHORITY MINUTES: The matter of the approval of the Parking Authority minutes of September 5, and September 12, 1989, was withdrawn at the request of staff. CC/PA-2: RETIREMENT HOUSING FOUNDATION/HUD 202 SENIOR HOUSING PROJECT/1121-1l35 THIRD STREET: A recommendation to authorize the city Manager to negotiate agreements with the Retirement Housing Foundation and Santa Monica RHF Housing regarding the construction of the parking structure component of the HUD 202 senior housing project at 1121-1135 Third Street, was withdrawn at the request of staff. 5-A: MRS J. CURRAN/FICUS TREES: Presented was the request of Mrs. J. Curran to address Council regarding ficus trees, continued from October 10, 1989. Mrs. Curran was not present when her item was called. Councilmember Katz moved to receive and file Mrs. Curran' s correspondence. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. 5-B: FOREST J. CASTERLINE/FUEL SAVING DEVICES FOR CITY VEHICLES: Presented was the request of Forest John Casterline to address Council regarding fuel saving, emission reduction devices for City vehicles, continued from October 10, 1989. Mr. casterline addressed Council. Mayor Zane suggested that Mr. Casterline should contact the City Manager to discuss this matter. No Council action was taken in regard to this request. 5-C: MICHAEL MINUFO/CRIME: Presented was the request of Michael Minufo to address Council regarding the issue of crime, continued from October 10, 1989. Mr. Minufo was not present when his item was called. councilmember Reed moved to receive and file Mr. Minufo's correspondence. Second by Councilmember Katz. The motion was unanimously approved. 5-D: AIRPORT ACCESS FROM 23RD STREET/WALGROVE AVENUE: Presented was the request of Councilmember Katz to discuss access to the Santa Monica Airport from 23rd streetjWalgrove Avenue. councilmember Katz initiated discussion and moved to direct staff to develop a plan for access to the Santa Monica Airport from 23rd street/Walgrove Avenue; to address the issues of who would be able to use this access; the type of closure to be used; the 2 October 17, 1989 356 entry method ~ access for College shuttle buses; airport personnel; Fire and Police access ~ and when the access restrictions should go into effect; to consult with neighborhood residents and report back to Council with a recommendation within 60 days. Second by Mayor Pro Tempore Finkel. Discussion was held. The motion was unanimously approved. 5-E: AIRPORT PROJECT FUND: Presented was the request of Councilmember Reed to discuss creation and allocation of an Airport Project Fund from income generated by the airport residual land proj ect. Councilmember Reed initiated discussion and moved to direct the staff to report back to the Council, at some future time, as to the appropriate way to establish an Airport project Fund from the rent, and participation rent revenues generated by the Airport Residual Land Development, and staff's recommendations regarding the allocation of funds. Second by Mayor Zane. Discussion was held. Councilmember Genser moved to hear from members of the public. The motion died for lack of a second. The motion to direct staff to report back to Council regarding the Airport Project Fund was approved, Councilmember Genser opposed. Councilmember Genser requested that the record reflect that his opposition to this motion is because he thinks it is silly for the Council to make a commitment which the Council does not have the legal authority to keep, and to start planning for funds which will not arrive, at the earliest, for four more years, if all goes well. 5-F: AIRPORT RESIDUAL LAND PROJECT FUNDS/AFFORDABLE HOUSING: Presented was the request of Councilmember Abdo to discuss the allocation of funds from the Airport Residual Land Project for affordable housing. councilmember Abdo initiated discussion and moved to direct staff to look at whatever ways the City can use revenue generated not only from rent, but also from other sources, by the Airport project to produce more affordable low and moderate income housing, as well as the development of a new category of "middle" income housing. Second by councilmember Reed. Discussion was held. councilmember Genser moved to hear from members of the public wishing to speak on this item. The motion died for lack of a second. The motion to direct staff to investigate ways to allocate revenue for housing derived from the Airport Project was approved, councilmember Genser opposed. Councilmember Genser requested that the record reflect that his opposition is not because he does not support affordable housing, but rather because he would prefer to support a motion that has a more substantive meaning. 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 Reed moved to approve the Consent Calendar, reading ordinances and resolutions by title only and waiving further reading thereof. 3 October 17, 1989 357 Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The city council minutes of October 3, 1989, were approved as presented. 6-B: PHYSICALLY HANDICAPPED PARKING ZONE/620 Resolution No. 7928 (CCS) entitled: "A RESOLUTION COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 620 BAY adopted. 6-C: FINAL PARCEL MAP 20503/CONDOMINIUM DEVELOPMENT/505-507 PIER AVENUE: Resolution No. 7929 (CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 20503," thereby approving Final Parcel Map 20503 for 4-unit condominium at 505-507 Pier Avenue, was adopted. BAY STREET: OF THE CITY PARKING ZONE STREET, II was END OF CONSENT CALENDAR a-A: EXEMPTION THRESHOLDS IN THE BCD/RVC DISTRICTS: Presented was a staff report transmitting an ordinance for introduction and first reading amending Ordinance No. 1481(CCS) to create exemption thresholds for small projects in the BCDjRVC Districts. At 8:32 p.m., Mayor Zane opened the public hearing. Joy Fullmer spoke in opposition to the proposed ordinance. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 8: 38 p.m. Councilmember Reed moved to approve the staff recommendation and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 1481(CCS) TO EXEMPT APPLICATIONS FOR PROPOSED DEVELOPMENTS AT OR BELOW SPECIFIED SQUARE FOOTAGES IN THE BROADWAY COMMERCIAL DISTRICT AND THE RESIDENTIAL-VISITORS COMMERCIAL DISTRICT, II reading by title only and waiving further reading thereof. Second by Mayor Zane. Discussion was held. The motion was approved by the following vote: council vote: Unanimously approved 7-0 8-B: REFUSE COLLECTION AND RECYCLING ACTIVITIES: Presented was a staff report transmitting an ordinance for introduction and first reading amending Chapter 2 of Article 5 of the Santa Monica Municipal Code to reflect changes in the City's refuse collection and recycling activities. At 8:51 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer spoke in opposition to the proposed ordinance. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 8:54 p.m. Discussion was held. In response to Council concerns, the City Attorney suggested the following changes to the proposed ordinance: in connection with the issue of collection containers, UIn no event shall recyclable materials be deposited 4 October 17, 1989 358 in City controlled community collection containers located on public property before 7: 00 a. m., or after 8: 00 p. m." and in connection with the concern expressed regarding section 5215, the addi tion of a sentence that indicates that the frequency of collection shall not be changed without a resolution of the city council. Councilmember Genser moved to introduce for first reading an ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REFLECT CHANGES IN THE CITY'S REFUSE COLLECTION AND RECYCLING ACTIVITIES," as amended, reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-C: REMOTE CONTROL MODEL AIRCRAFT ORDINANCE: Presented was a staff report transmitting an ordinance for introduction and first reading adding section 4203j to the Santa Monica Municipal Code to restrict the use of remote control model aircraft in the City. At 8:58 p.m., Mayor Zane declared the public hearing opened. Browne Goodwin spoke in support of the proposed ordinance and suggested that it be amended to refer specifically to model airplanes, helicopters, and rockets in the first paragraph; that the second paragraph apply to unpowered aircraft such as gliders, which weigh over a specific limit; that motor-powered be clarified so as to specify internal combustion, electric, and rocket motors; and that uncontrolled model rockets be included in the ordinance. There being no one else wishing to speak, Mayor Zane closed the public hearing at 9:00 p.m. Discussion was held. councilmember Reed moved to introduce for first reading, an ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4203J TO THE SANTA MONICA MUNICIPAL CODE TO RESTRICT THE USE OF REMOTE CONTROL MODELS IN THE CITY," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Councilmember Reed moved to direct the city Attorney, in consultation with the City Manager's staff, to bring back some amendments or enhancements to this ordinance which would cover some of the categories put forward by Mr. GOOdwin, such as aircraft, helicopters, and rockets, and non-motor powered model aircraft such as gliders, and rockets. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. 8-D: DOGS IN DESIGNATED AREAS OF CITY PARKS: Presented was a staff report transmitting an ordinance for introduction and first reading amending Municipal Code Section 4115 to permit dogs in designated areas of City parks. Council asked questions of staff. At 9: 04 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer spoke in opposition to the proposed 5 October 17, 1989 "" 359 ordinance. There being no one else wishing to speak, Mayor Zane closed the public hearing at 9: 08 p.m. Discussion was held. Mayor Pro Tempore Finkel moved to approve the staff recommendation and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4115 OF THE SANTA MONICA MUNICIPAL CODE TO PERMIT DOGS IN DESIGNATED AREAS OF CITY PARKS," reading by title only and waiving further reading thereof. Second by Councilmember Abdo. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Il-B: CLOSED SESSION: Not held. 12-A: PLANNING COMMISSION APPEAL/C.U.P. 89-036/JEHOVAH'S WITNESSES MEETING HALL/21l9 VIRGINIA AVENUE: Presented was an appeal of the Planning Commission technical denial of Conditional Use Permit 89-036 to allow the construction of a 3,500 square foot meeting hall with one residential unit and parking for 42 cars located at 2119 Virginia Avenue. Applicant: Santa Monica congregation of Jehovah's Witnesses. Council asked questions of staff. Mr. James Lacher addressed Council on behalf of the appl icantj appellant, in support of the appeal. Vivian Linder, Vabel Reed, Roberta Weiser, and Clyde Smith spoke in opposition to the appeal. Sarah A. Young, Kelly MiCkens, Jeff Kessler, Cleveland Prosser, Mary Thomas, Dean Ventri, and Norma Ramstein spoke in support of the appeal. Mr. James Lacher spoke on behalf of the applicant/appellant in rebuttal to comments made by members of the public who were opposed to the appeal. Mayor Zane moved to continue the pUblic hearing to the Council meeting of November 7, 1989, as the first item on the agenda, to allow members of the public who were confused about the date of the hearing to address Council, and to provide an additional five minutes of rebuttal to the applicant/appellant to rebut comments made at the meeting of November 7, 1989. Second by Mayor Pro Tempore Finkel. Discussion was held. The motion was aproved by the following vote: council vote: Unanimously approved 7-0 14-A: APPOINTMENT OF MEMBERS TO BOARDS AND COMMISSIONS: Presented was the matter of the appointment of members to boards and commissions, continued from the Council meeting of October 10, 1989. Mayor Zane requested an updated list of liaisons to the Electrical Board of Appeals, and the Plumbing and Mechanical Board of appeals. At the request of Mayor Zane, these appointments were continued for sixty days. l4-B: T.O.R.C.A. CONVERSION PROCESS: Presented was the request of Mayor Zane to discuss problems in the TORCA conversion process, continued from October 10, 1989. Mayor Zane initiated discussion and moved to direct staff to investigate irregularities within the TORCA process and to return to Council 6 October 17, 1989 360 with potential regulatory remedies to insure that the intent of the TORCA process is maintained. Second by Mayor Pro Tempore Finkel. Discussion was held. Councilmember Genser moved to amend the motion to include direction to staff to develop a monitoring or enforcement mechanism that would insure that apartments which are vacated through various conversion practices maintain the Rent Control Department t s maximum allowable rent, should they be subsequently re-rented. The amendment was accepted as friendly by the maker and second of the main motion. The motion, as amended, was unanimously approved. 14-C: R-l VARIANCE AND C.U.P. APPEAL PROCEDURES: Presented was the request of Counci1member Jennings to discuss revising R-l variance and CUP procedures so that appeals are. to Planning Commission and not to Council, continued from October 10, 1989. councilmember Jennings initiated discussion on this matter. Mayor Zane moved to direct staff to provide Council with an information i te.m on this issue and to agendize such action as necessary to insure that Council does not hear CUP appeals in the future. Second by Councilmember Genser. The motion was unanimously approved. 14-0: EARTH DAY ACTIVITIES: Presented was the request of Councilmember Jennings to discuss appropriate involvement of Santa Monica in Earth Day activities (April 22, 1990), continued from October 10, 1989. Councilmember Jennings initiated discussion and moved to request that staff report back to council, in a timely fashion, after consultation with the Earth Day sponsors, and Heal The Bay, regarding the activities in which the city should be involved, in honor of Earth Day. Second by Mayor Zane. The motion was unanimously approved. 14-E: BARRY W. BOEHM/RESIGNATION FROM THE LIBRARY BOARD: Presented was the matter of the acceptance of a letter of resignation from Barry w. Boehm of the Library Board and authorization to the City Clerk to publish a notice of vacancy, continued from October 10, 1989. Mayor Pro Tempore Finkel moved to accept Mr. Boehm I s resignation with regret and to authorize the Ci ty Clerk to publish a notice of vacancy. Second by Councilmember Reed. The motion was unanimously approved. l4-F: PAUL ROSENSTEIN/RESIGNATION FROM THE PIER RESTORATION CORPORATION: Presented was the matter of the acceptance of a letter of resignation from Paul Rosenstein of the Pier Restoration Corporation and authorization to the city Clerk to publ ish a notice of vacancy, continued from October 10, 1989 . Mayor Pro Tempore Finkel moved to accept Mr. Rosenstein's resignation with regret and to authorize the City Clerk to publish a notice of vacancy. Second by Councilmerober Genser. The motion was unanimously approved. 14-G: COUNCILMEMBER REED/COUNCIL TRAVEL FUNDS: Presented was the request of Councilmember Reed to discuss authorization for the use of Council travel funds to attend the Turning the Tide 7 October 17, 1989 361 Conference in Seattle, Washington, continued from October 10, 1989. Councilmember Reed initiated discussion. Mayor Pro Tempore Finkel moved to approve Councilmember Reed's use of Council travel funds to attend this conference. Second by councilmember Katz. The motion was unanimously approved. 14-H: SOCIAL INVESTMENT FORUM CONFERENCE: Presented was the request of Mayor Zane to discuss co-sponsorship of the Social Investment Forum Conference in Santa Monica on December 4, 1989. Mayor Zane initiated discussion. Mayor Pro Tempore Finkel moved to approve the City's co-sponsorship of this conference. Second by Counci1member Genser. The motion was unanimously approved. 14-I: COUNCIL CHAMBERS FEE: Presented was the request of Mayor Zane to discuss waiving the fee for the use of the Council Chambers by the California Public Employees' Retirement System on October 17 and October 24, 1989. councilmember Genser moved to approve waiving the Council chambers fee for these meetings. Second by Councilmember Reed. The motion was unanimously approved. 15: PUBLIC INPUT: There were no members of the public requesting to address council. ADJOURNMENT: At 10:35 p.m., Mayor Zane moved that the meeting be adjourned in memory of the residents of the San Francisco Bay Area, and northern California who lost their lives in the day'S earthquake. Second by Councilmember Reed. The motion was unanimously approved. ATTEST: APPROVED: ~ Assistant City Clerk ()~/'-r- Dennis Zane Mayor 8 October 17, 1989 362 NOTICE OF CANCELLATION OF MEETING OF SANTA MONICA CITY COUNCIL OCTOBER 24, 1989 NOTICE IS HEREBY GIVEN that the regularly scheduled meetlng of the Santa Monlca Clty Council to be held at 7:30 P.M. on Tuesday, October 24, 1989, In the Councll Chambers, 1685 Maln Street, Santa Monlca, has been cancelled by actlon of the Clty Counell at thelr meetlng held October 10, 1989. " / ~. --; ~ ~. './ /v -;' <. i/ ( /? (?P2-?(!.& .~-:/ "-n:'/lf.V4/?~~ Clarlce E. Johns~ Clty Clerk