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M-1/9/1990 1 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 9, 1990 A regular meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:35 P.M., on Tuesday, January 9, 1990, 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 City Clerk Clarice E. Johnsen CLOSED SESSION: Not held. Councilmember Jennings led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. INSPIRATION: A moment of inspiration was provided by Ms. Louise Gabriel, President of the Santa Monica Historical Society, as she presented Council with copies of the society's current publication, "Santa Monica Jewel of the Sunset Bay." Ms. Lillian Abelson played a recording of the song "That Santa Monica Feeling." Councilmember Katz moved to hear Item l3-A at this time. Second by Councilmember Reed. The motion was unanimously approved. 13-A: DESIGNATION OF CITY SONG: Presented was the request of the Santa Monica Historical society to address council regarding the designation of a song entitled, "That Santa Monica Feeling," as the official song of Santa Monica. Discussion was held. Mayor Zane moved to direct staff, and the Arts Commission, to investigate the existence of a city song and return to Council in 60 days with a recommendation. Second by Mayor Pro Tem Finkel. The motion was unanimously approved. 4-A: FIRE SAFETY AWARENESS YEAR: Mayor Zane presented Fire Chief Tolman with a proclamation declaring 1990 as Fire safety Awareness Year in Santa Monica. Fire Chief Tolman acknowledged a member of the Fire Department staff, Kathy Weinstein, for her prize-winning public fire education programs in the community. CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL JOINT MEETING: 1 January 9, 1990 2 At 7:53 P.M., Mayor/Chairperson Zane convened a special joint meeting of the Santa Monica city council and the Redevelopment Agency. Redevelopment Agency Roll Call: Present: Also Present: Chairperson Dennis Zane Chairperson Pro Tempore David B. Finkel Agency Member Judy Abdo Agency Member Ken Genser Agency Member William H. Jennings Agency Member Herbert Katz Agency Member Christine E. Reed Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Clarice E. Johnsen RA-l: REDEVELOPMENT AGENCY MINUTES: Presented for approval were the Redevelopment Agency minutes of December 12, 1989. Agency Member Reed moved to approve the minutes as presented. Second by Chairperson Pro Tem Finkel. The motion was unanimously approved. CC/RA-2: RENEWAL OF LOANS FOR REDEVELOPMENT PROJECTS: Presented was a staff report recommending renewal for the 1990 calendar year of six loans for the Downtown and Ocean Park Redevelopment Projects, and authorization for Agency Chairperson to execute the Promissory Notes. Agency Member Genser moved to approve the staff recommendation thereby authorizing Agency Chairperson to execute the six Promissory Notes between the Redevelopment Agency and the city, extending the loans for the 1990 calendar year. Second by Agency Member Katz. The motion was approved by the following vote: Agency vote: Affirmative: Agency Members Abdo, Finkel, Genser, Jennings, Katz, Chairperson Zane Abstain: Agency Member Reed Councilmember Genser moved on behalf of the city Council, to approve the staff recommendation thereby renewing the six loans to the Redevelopment Agency and accepting the Promissory Notes. Second by Mayor Pro Tam Finkel. Council asked questions of staff. The motion was approved by the following vote: Council vote: UnanimOUSly approved 7-0 At 8:01 P.M., the joint meeting of the City Council and Redevelopment Agency was adjourned. CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING: At 8: 02 P.M., Mayor/Chairperson Zane meeting of the Santa Monica City Authority. convened a special joint Council and the Parking 2 January 9, 1990 3 Parking Authority Roll Call: Present: Chairperson Dennis Zane Chairperson Pro Tempore David B. Finkel Authority Member Judy Abdo Authority Member Ken Genser Authority Member william H. Jennings Authority Member Herbert Katz Authority Member Christine E. Reed Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen Chairperson Zane moved to adjourn the Parking Authority meeting and continue consideration of parking Authority Items 1 and 2 to January 16, 1990. Second by Chairperson Pro Tem Finkel. The motion was unanimously approved. Also Present: PA-1: PARKING AUTHORITY MINUTES: Authority minutes of November 14, meeting of January 16, 1990. The 1989, approval of was continued Parking to the CC/PA-2: MIXED USE PROJECT/COMMUNITY CORPORATION/1423 SECOND STREET: The recommendation to approve, in concept, a mixed use project to be developed by Community Corporation at 1423 Second Street, and authorization for the City Manager to explore an arrangement for an existing movie theatre to present Spanish language cinema, was continued to the meeting of January 16, 1990. At 8:03 p.m., The Parking Authority meeting was adjourned and the city Council meeting was reconvened. Mayor Zane moved to continue Items S-B, S-C, 5-D, 10-A, 10-B, 12-A, and l2-B to January 16, 1990. Second by Mayor Pro Tem Finkel. The motion was approved, Councilmember Reed opposed. 5-A: BUSINESS LICENSE PENALTY ASSESSMENT: presented was the request of David M. Stern to address council regarding assessment of penalty for a business license renewal. Council asked questions of staff. Discussion was held. councilmember Reed moved to receive the protest and take no action. Second by Councilmember Genser. Council asked questions of staff. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 5-B: APPOINTMENT OF MEMBERS TO VARIOUS BOARDS AND COMMISSIONS: The appointment of members to the Electrical Board of Appeals, Plumbing and Mechanical Board of Appeals, Social Services Commission, Pier Restoration Corporation and Convention and Visitors Bureau, was continued to the meeting of January 16, 1990. 3 January 9, 1990 4 5-C: FUNDING FOR BI-NATIONAL AIDS CONFERENCE: The request of Councilmember Katz to discuss the possible funding for a Bi-National Aids Conference with the U.S. and Mexico in March, was continued to the meeting of January 16, 1990. 5-D: PURCHASE OF ZIMMERMAN PROPERTY: The request of Councilmember Katz to discuss the consideration of the purchase of the "Zimmerman Propertylr and acquisition price, was continued to the meeting of January 16, 1990. 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 Genser moved to approve the consent Calendar with the exception of Items 6-D and 6-1, reading resolutions and ordinances 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 6-A: MINUTES APPROVAL: The City Council minutes of November 21, December 5, and December 12, 1989, were approved as presented. 6-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7954 (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- 156/157) , Ir thereby setting a public hearing for February l3, 1990, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets, was adopted. 6-C: FINAL TRACT MAP TTM 47751/CONDOMINIUM PROJECT/I018 2ND STREET: Resolution No. 7955(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47751," thereby approving Final Tract Map TTM 47751 for a six-unit condominium project at 1018 2nd Street, was adopted. 20258/CONDOMINIUM PROJECT/522 No. 7957 (CCS) entitled: "A OF THE CITY OF SANTA MONICA SUBDIVISION MAP FOR TRACT NO. Tract Map TPM 20258 for a 522 California Avenue, was 6-E: FINAL TRACT MAP TPM CALIFORNIA AVENUE: Resolution RESOLUTION OF THE CITY COUNCIL ACCEPTING AND APPROVING A FINAL 20258," thereby approving Final four-unit condominium project at adopted. 6-F: FINAL PARCEL MAP 20776/CONDOMINIUM PROJECT/1823 20TH STREET: Resolution No. 7958(CCS) entitled: irA RESOLUTION OF THE CITy COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 20776," thereby approving a four-unit condominium project at 1823 20th Street, was adopted. 6-G: UPHOLD APPEAL/PLANNING COMMISSION DENIAL OF CUP 88-0l8 AND TTM 47085/CONDOMINIUM/1019 GRANT STREET: The Certification of a 4 January 9, 1990 4 5 statement of Official Action upholding an appeal of the Planning Commission denial of CUP 88-018 and TTM 47085 for a five-unit residential condominium building at 1019 Grant street was approved. 6-H: UPHOLD APPEAL/PLANNING COMMISSION DENIAL OF CUP 89-036: The certification of a statement of Official Action upholding an appeal of the Planning Commission denial of CUP 89-036 for 3,500 square foot meeting hall with one residential unit and parking for 42 cars at 2119 virginia Avenue was approved. END OF CONSENT CALENDAR 6-D: FINAL TRACT MAP TTM 47752/CONDOMINIUM PROJECT/ 1802 20TH STREET: Councilmember Katz left the dais during Council consideration of this item due to a possible conflict of interest, as he is the architect on the proj ect. Councilmernber Abdo moved to adopt Resolution No. 7956(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47752," reading by title only and waiving further reading thereof, thereby approving Final Tract Map TTM 47752 for a five-unit condominium project at l802 20th street. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz Councilmember Katz returned to the dais. 6-1: ANNUAL FINANCIAL REPORT FY 1988-89: Presented was a recommendation to receive and file the city's Comprehensive Annual Financial Report. Member of the public Joy Fullmer expressed her concerns. Councilmember Katz moved to receive and file the City's Comprehensive Annual Financial Report for FY 1988-89. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and pUblic hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs (SR-90-154j155). At 8: 20 P.M., Mayor Zane declared the pUblic hearing opened. There being no one wishing to speak, Mayor Zane declared the public hearing closed. Councilmember Katz moved to adopt Resolution No. 7959 (CCS) entitled: itA 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-90-154/155)," reading by title only and waiving further reading thereof. Second by councilmember Reed. The motion was approved by the fOllowing vote: 5 January 9, 1990 6 Council vote: Unanimously approved 7-0 B-A: PRE-1940 BUILDINGS: Presented was a staff report transmitting an emergency ordinance for introduction and adoption establishing a 45-day moratorium on applications for the development of parcels on which stand certain categories of pre-1940 structures. Council asked questions of staff. At 9:20 P.M., Mayor Zane declared the public hearing opened. Members of the public Donna Alvarez, John Jurenka, Nathan Pratt, Ron Rocco, Morris Kushner, Robert Hastings, Rod Deleon, Jean Sedillos, Leah Mendelsohn, Ellen Poll, Arlon Ober, Marguerite Anastasia, Michael Gallivan, Joy Fullmer, Emmalie Hodgin, Jennifer Polhemus, Dorian King, Larry Arreola, Ken Elias, Irma Vargas, Rose Kaufman, Elaine Golden-Gealer, Rosario Perry, J. T. Rosenthal, Leo Chang, Doug Kays, Evelyn Salem, James Baker, Archie Arzooyan f James Mount, Mayer Aframian, Joseph Yadegar, Forrest Chadwick, Bill Bolton, Shirley Bly, Douglas weitzman, and Karl Schober spoke in opposition to the ordinance. Member of the public Merritt Coleman spoke in support of a 45-day study. Members of the public Sonya sultan, Sylvia Schniad, Susan Suntree, and Dave Paley spoke in support of the ordinance. councilmember Genser moved to extend the meeting to 12: 30 A. M. Second by Mayor Pro Tem Finkel. The motion was approved, Councilmember Reed opposed. Member of the public C. R. Davenport spoke in opposition to the ordinance. Members of the public Bea Nemlaha, Pamela O'Connor, Tony Haig, and Bruce Cameron spoke in support of the ordinance. Councilmember Katz moved to hear late speakers. Second by Councilmember Abdo. The motion was approved, Councilmember Jennings opposed. Members of the public Al Kindt, Claudia Harrington, and Charles Kaufman spoke in opposition to the ordinance. Member of the public Jack Baptista spoke in support of the ordinance. At 11:45 P.M., there being no one else wishing to speak, Mayor Zane closed the public hearing. At 11:45 P.M., Council adjourned for a short recess. At 11:55 P.M., Council reconvened with all members present. Councilmember Jennings moved to direct staff to modify the application for demolition and remodel permits to require a photograph of the existing building, and a statement of approximately when the building was built; the application is to be reviewed within five days by Planning or Building staff to see if it should be sent to Landmarks Commission for consideration, and for staff to return with a recommendation for the development of Landmark District designations. Second by Councilmemher Katz. Discussion was held. Councilmember Genser moved to amend the motion to simultaneously allow the Landmarks Commission to stay the demolition on any individual structure that the Commission feels is a significant contributor to a potentially historical district. The amendment was accepted as friendly. Councilmember Reed moved to extend the meeting to 1:00 A.M. Second by Mayor Pro Tem Finkel. The motion was unanimously approved. Discussion continued. The above motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 6 January 9, 1990 7 8-B: BASEMENTS AND UNDERGROUND GARAGES: Presented was a staff report transmitting an emergency ordinance for introduction and adoption extending the moratorium on the construction of basements and underground garages that extend beyond the footprint of any structure in the R-l District. At 12: 45 A.M., Mayor Zane declared the public hearing opened. Members of the public Frank Fitzgibbons and Tom Rosenthal spoke in opposition to the ordinance. At l2:45 A.M., there being no one else wishing to speak, Mayor Zane closed the public hearing. Councilmember Reed moved to adopt Ordinance No. 1508 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES BENEATH REQUIRED YARDS IN THE R- ~ ZONE DISTRICT FOR TEN MONTHS AND FIFTEEN DAYS PENDING REVISIONS TO THE ZONING ORDINANCE TO ESTABLISH STANDARDS FOR SUCH CONSTRUCTION AND DECLARING THE PRESENCE OF AN EMERGENCY, " reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8 -C : MODEL AIRCRAFT IN PUBLIC AREAS: Presented was a staff report transmitting an ordinance for adoption and second reading amending the Santa Monica Municipal Code Section 4203j to expand the definition of model aircraft which cannot be used in public parks, playgrounds, beaches or public recreation areas, introduced December 12, 1989. Mayor Pro Tem Finkel moved to approve the staff recommendation, thereby adopting Ordinance No. 1509 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4203J TO EXPAND THE DEFINITION OF MODEL AIRCRAFT WHICH CANNOT BE USED IN PUBLIC PARKS, PLAYGROUNDS, BEACHES, OR PUBLIC RECREATION AREAS IN THE CITY," reading by title only and waiving further reading thereof. Second by councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 10-A: AMENDMENT TO TORCA PROVISION OF CITY CHARTER: The recommendation of the Rent Control Board to propose an amendment to the TORCA provision of the City Charter to prohibit a TORCA conversion after an Ellis withdrawal of the property, the declaration of a moratorium on the processing of TORCA conversions, and an increase of the tenant relocation assistance paid to tenants displaced by Ellis withdrawal was continued to the meeting of January l6, 1990. 10-B: RENT CONTROL BOARD: The Control Board to amend City of Sections 2151(b) and 215l(c) to Board employees and Rent Control "revolving door ordinance" was January 16, 1990. recommendation of the Rent Santa Monica Municipal Code include certain Rent Control Board Commissioners under the continued to the meeting of II-A: AIRPORT REFERENDUM: Presented was a staff recommendation regarding options and resolutions relating to the Referendum 7 January 9, 1990 8 Petition against Resolution No. 7917(CCS) in regard to the Santa Monica Airport Res idual Land Proj ect, tabled December 12, 1989 . Mayor Zane moved to postpone this item for two weeks to permit discussions with community groups, especially with airport proj ect opponents, in order to investigate the possibility of developing a compromise project to bring back to council for submission to the voters. Second by councilmember Abdo. Discussion was held. Councilmember Katz moved a substitute motion to place this referendum on the November ballot. Second by councilmernber Genser. Discussion was held. Mayor Zane temporarily withdrew his original motion. Councilmember Genser moved to extend the meeting to 1:30 A.M. Second by Councilmember Abdo. The motion was approved. Councilmemher Genser moved to hear from members of the public. Second by Mayor Zane. The motion failed. Mayor Zane restated his original motion as a substitute motion. Second by Mayor Pro Tem Finkel. Discussion was held. Mayor Zanels motion to postpone council consideration of this item for two weeks, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Negative: Councilmembers Genser, Katz Councilmernber Katz requested the record reflect that he voted against this item because he feels that Council I s action is a miscarriage of justice, as there is an approved referendum complete with approved signatures, and that this matter should be decided this evening. Further, Councilmember Katz stated that the public has made its wishes known and at this point council should merely verify the referendum and set a date to place it on the ballot. Il-B: PREFERENTIAL PARKING ZONE: The recommendation to direct City Attorney to prepare an ordinance establishing a preferential parking zone for the area bounded by 20th street, Wilshire Boulevard, 26th Street and Broadway, excluding 24th street and 25th street between Santa Monica Boulevard and Broadway and 26th Street was continued to the meeting of January 16, 1990. ll-C: CLOSED SESSION: Not held. 12-A: APPEAL OF CONDITIONAL USE PERMIT 89-061/1533 18th STREET: The appeal of Planning Commission condition of approval for Conditional Use Permit 89-061 that requires the relocation of vehicle access from Eighteenth Street to the rear of the site at 1533 1Bth Street, was continued to the meeting of January 16, 1990. 12-B: APPEAL OF EIR 884, DR 467 AND VAR 5432/MIXED COMMERCIAL DEVELOPMENT/BOO WILSHIRE BOULEVARD: The appeal of Planning Commission condition of approval for EIR 884, DR 467 and VAR 5432 imposing a 2- and 3-story height limit on a mixed commercial development at 800 Wilshire Boulevard, was continued to the meeting of January 16, 1990. 8 January 9, 1990 ~ 13-B: NATIVITY SCENE: Presented was the request of Dr. Michael L. streams to address Council regarding the nativity scene display along Ocean Avenue. Dr. streams expressed his concerns regarding the city's policy of allowing the display of nativity scenes in Pal isades Park. Councilmember Genser moved to direct staff to prepare a report addressing the city's current policy and its conformity to the Constitutional issues that have been raised. The motion died by lack of a second. No Council action was taken. 14-A: APPOINTMENT OF MEMBER TO THE HOUSING COMMISSION: The appointment of a member to the Housing commission was continued to the meeting of February 13, 1990, at the request of staff. 14-B: COMMEMORATIVE BANNERS AND POSTERS FOR BLACK HISTORY MONTH AND DR. MARTIN LUTHER KING'S BIRTHDAY: The request of Mayor Pro Tempore Finkel to discuss asking the City to provide and display banners and posters for Black History Month and Dr. Martin Luther King's birthday was continued to the meeting of January 16, 1990. 14-C: SATURDAY MOVIE MATINEE PROGRAM: The request of councilmember Jennings to discuss appropriating necessary funds to support a Saturday movie matinee program for young people at the Mann Wilshire Theater at 14th and Wilshire Boulevard was continued to the meeting of January 16, 1990. 14-D: TEMPORARY HOMELESS HOUSING MODULES: The request of Mayor Pro Tempore Finkel and Councilmember Katz to discuss aiding the students of Southern California Institute of Architecture, SCI-ARC, in the construction of a demonstration of temporary homeless housing modules on public property was continued to the meeting of January 16, 1990. 14-E: INSTALLATION OF DEDICATED TELEPHONE LINES: Councilmsmber Jennings' request to discuss the installation of dedicated telephone lines for City Council computers was continued to the meeting of January 16, 1990. ADJOURNMENT: At 1:55 A.M., the City council meeting was adjourned to January 16, 1990, at 7:30 P.M., in memory of Golda Larks, Harry Siciliano, Esther McCoy, and Katie Ruth Smith. ATTEST: APPROVED: f:,- ~~ Clarice E. City Clerk ,9~)~ Dennis Zane Mayor 9 January 9, 1990