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M-1/29/1991 ........L CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 29, 1991 An adjourned meeting of the Santa Monica City council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, January 28, 1991, in the council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser councilmember Robert T. Holbrook councilmember Herbert Katz Councilrnember Kelly Olsen councilmernber Antonio Vazquez Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers city Clerk Clarice E. Johnsen Councilrnember Katz led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. 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, 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: MINUTES APPROVAL: The minutes of the City Council meeting of January 8, 1991, were approved as presented. 6-S: COMPENSATION ADJUSTMENTS/CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCIATION JOB CLASSIFICATIONS: Resolution No. B170(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR CLOCEA CLASSIFICATIONS," thereby approving compensation adjustments for various California League of city Employee Association (CLOCEA) jOb classifications, was adopted. END OF CONSENT CALENDAR 7-A: APPEAL/CUP 90-065/RESTAURANT/2435 MAIN STREET: Presented was an appeal of Planning Commission conditions of approval for a Conditional Use Permit which modified the conditions of approval for a previously-approved restaurant located at 2435 Main street. Council asked questions of staff. Discussion was held. Councilmember Zane moved to allow Councilmember Olsen to yield his speaking time as an appellant to a member of the public. 1 January 29, 1991 I I 342 Second by Councilmember Katz. The motion was unanimously approved. steve Spencer, speaking on behalf of appellant councilmember Olsen, spoke in support of the staff recommendation as amended. Abby Sher, speaking on behalf of the Applicant/Appellant, spoke in support of the staff recommendation as amended. council asked questions of Applicant/Appellant Rockenwagner. councilmember Katz moved to approve both appeals of Conditional Use Permit 90-065 subject to findings and conditions, which reflect the joint proposal to modify the Planning Commission conditions of approval by the applicant and Second Street neighbors and otherwise incorporate the Planning Commission's conditions of approval, as amended by Councilmember Olsen in the following manner: 1) The addition of a new condition stating, I1Except for the provisions of Condition No.4, which allow for patrons waiting to be seated to be served an alcoholic beverage, alcoholic beverages will only be sold to those with the intent of purchasing meals;" 2) Condition No. 11 should stipulate that the valet parking may not come out of Main street and back into a parking stall in order to give the car back to the owner; 3) There should be three valet parking stalls - 2 for dropping off and 1 for picking up; and 4) The valet parking service is not to interrupt the pedestrian flow on the sidewalk. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: Council vote: unanimously approved 7-0 a-A: REFUSE COLLECTION: Presented was an ordinance for introduction and first reading authorizing the Director of General services to require more frequent refuse collection for certain commercial customers. Council asked questions of staff. At 8; 17 P.M., Mayor Abdo declared the pUblic hearing opened. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the public hearing at 8: 20 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 AMENDING SANTA MONICA MUNICIPAL CODE SECTION 5227 TO AUTHORIZE THE DIRECTOR OF GENERAL SERVICES TO REQUIRE BUSINESSES USING PRIVATE REFUSE HAULERS TO HAVE REFUSE COLLECTED UP TO SIX DAYS PER WEEK," reading by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-B: REFUSE BINS ON CITY PROPERTY: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code Section 5216 permitting the establishment of fees for properties that store refuse bins on City property. At 8:21 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 8:25 P.M. Councilmember Olsen 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 5216 PERMITTING THE ESTABLISHMENT OF FEES FOR PROPERTIES THAT STORE REFUSE BINS ON CITY PROPERTY," 2 January 29, 1991 .jq,j reading by title only and Second by Councilmember Zane. following vote: council vote: Unanimously approved 7-0 wa~v~n9 further reading thereof. The motion was approved by the 8-C: BUSINESS LICENSE FEES: Presented was an ordinance for introduction and first reading adding Section 60l5a to the Santa I Monica Municipal Code to permit the waiver or refund of the business license fees in certain circumstances. Council asked questions of staff. At 8:35 P.M., Mayor Abdo declared the public hearing opened. Member of the public Joanne Donovan spoke in support of the proposed ordinance. Mayor Abdo closed the public hearing at 8:38 P.M. Council asked questions of staff. 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 ADDING SECTION 6015a TO THE SANTA MONICA MUNICIPAL CODE TO PERMIT THE WAIVER OR REFUND OF BUSINESS LICENSE FEES IN CERTAIN CIRCUMSTANCES," including amended language proposed by the Postmaster to be substituted for the phrase "operational problems" with the phrase, "unusual operational problems or natural disasters which may have created the possibility that the postmark could be delayed or the mail lost," reading by title only and waiving further reading thereof. Second by Councilmember Katz. As a result of Council discussion, Mayor Abdo, with council's concurrence, directed staff to include on the outside of the return mail envelope, a statement that filers could face a penalty for filing late. The motion was approved by the fOllowing vote: council vote: Affirmative: Councilmembers Genser, Katz, Vazquez, Zane Holbrook, Negative: Councilmember Olsen, Mayor Abdo 10-A: COMMUNITY DEVELOPMENT BLOCK GRANT: Presented was a staff report recommending encouragement of public comment on the FY1990-9l Community Development Block Grant Program and approval of the funding rationale as specified in the staff report, as well as authorization of the City Manager to implement the grant funding process within the timelines specified. Council asked questions of staff. At 9:10 P.M., Mayor Abdo declared the public hearing open. Member of the public John Smith spoke in support of the staff recommendation that funding be specifically allocated for AIDS outreach, prevention, and education services, as well as homelessness issues, particularly with regard to homeless youth, and youth services. Member of the public JOY Fullmer expressed her concerns. Member of the pub I ic steve Spencer spoke in support of AIDS outreach, prevention, and education services and urged Council to take care in not duplicating services which are already in existence and specifically not require an AIDS office within the city. Member of the pUblic Arturo Olivas spoke in support of services to the Latino community and funding for persons who have been infected with the HIV virus. Mayor Abdo closed public hearing at 9:23 P. M. Council asked questions of staff. Discussion was held. 3 January 29, 1991 I 344 Councilmember Zane moved to approve the ~991-92 Community Development Funding Rationale, including addition of language with respect to outreach to the minority community. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 14-A: BUSINESS GOVERNMENT COUNCIL TO END HOMELESSNESS: The request of Councilmember Zane to discuss approval of continued funding for Business Government council to End Homelessness was continued to the meeting of February 19, 1991, and incorporated into a comprehensive report to be prepared by staff and presented at that meeting. 14-B: VACANCIES/BAYSIDE DISTRICT CORPORATION: Councilmember Zane moved to accept with regret the letters of resignation from Ernest Kaplan and Jacki Tadich from the Bays ide District Corporation and a letter from Tom Carroll, Director, regarding a vacancy due to the death of Dr. Joseph H. Mont, and authorize the City Clerk to publish a Notice of Vacancies. Second by Councilmember Katz. The motion was unanimously approved. 14-C: CITY SERVICES/LATINO COMMUNITY: Presented was the request of Councilmember Vazquez to discuss directing staff to provide information on City services targeted to the Latino community. Discussion was held. Councilmernber Vazquez moved to direct staff to prepare a report showing services which are currently being provided to the Latino Community and a status report on bi-lingual staffing and areas where deficiencies may exist along with steps taken to remedy the si tuation. Second by Councilmember Holbrook. The motion was unanimously approved. 14-0: INTERIM ZONING STANDARDS: Presented was the request of Mayor Abdo to discuss interim zoning standards for the R2R and OP-2 Districts. Mayor Pro Tempore Genser was excused from the portion of the discussion relating to the R2R District due to a possible conflict of interest. Mayor Abdo moved to modify the height limit in the R2R District so that it is the same as the height permitted in the OP-2 District; to permit front porches to encroach into the front yard setback in the R2R District; and to direct staff to prepare an interim ordinance implementing the above two changes. Second by Councilmember Katz. The motion was unanimously approved, Mayor Pro Tempore Genser absent. Mayor Pro Tempore Genser returned to the dais. Mayor Abdo moved to direct staff to prepare an interim ordinance to modify the height limits in the OP-2 District to reduce the permitted height on sloping lots and to make all projects deemed complete after January 22, 1991, SUbject to these interim standards. Second by Councilmember Katz. The motion was unanimously approved. 14-E: WAR IN THE PERSIAN GULF: Presented was the request of Mayor Abdo and Councilmember Zane to discuss asking Council to create an opportunity for Santa Monica citizens to express their feelings about the war in the Persian Gulf. Councilmember Zane 4 January 29, 1991 345 moved to direct staff to develop a recommendation for consideration at the February 19, 1991, Council meeting on sponsoring a public forum to discuss the war in the Persian Gulf. Second by councilmember Katz. Discussion was held. The motion was unanimously approved. 14-F: CONSTRUCTION RATE PROGRAM: Presented was the request of Mayor Pro Tempore Genser to discuss direction to the city I Attorney to prepare an ordinance which would extend the "construction rate" program, currently in effect between wilshire and Montana, Ocean Avenue and 14th street, to all multi-family neighborhoods in the city. Mayor Pro Tempore Genser moved to direct staff to prepare an ordinance, or interim ordinance, pending completion of any environmental review. Second by Councilmember Olsen. Discussion was held. council asked questions of staff. Councilmember Katz moved a substitute motion to conduct a public hearing for input and then prepare an ordinance, if deemed necessary. Second by Councilmember Holbrook. council asked questions of staff. Discussion was held. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz Negative: Councilmernbers Genser, Olsen, Vazquez, Zane, Mayor Abdo The original motion was approved by the following vote: Council vote: Unanimously approved 7-0 14-G: BAN OF CIGARETTE VENDING MACHINES: Presented was the request of Councilmember Katz to direct the city Attorney to prepare an ordinance banning all cigarette vending machines. Councilmember Katz moved to direct the City Attorney to prepare an ordinance banning all cigarette vending machines. Second by Councilmember Zane. Discussion was held. The motion was unanimously approved. 14-H: SPANISH LANGUAGE INTERPRETIVE SERVICES: Presented was the request of Mayor Pro Tempore Genser to discuss directing staff to provide Spanish language interpretive services, on a "by request" basis at future Council meetings and other city meetings and events as appropriate. Mayor Pro Tempore Genser moved to direct staff to implement interpretive services for future council meetings. Second by Councilmember Vazquez. Councilmember Vazquez moved to amend the motion to direct that information and postings include language in Spanish indicating that interpretive services are available. The amendment was accepted as friendly. Discussion was held. The motion was unanimously approved. 14-1: LErTER OF RESIGNATION/SOCIAL SERVICES COMMISSION: Councilmember Zane moved to accept with regrets the letter of resignation of Raquel Kairoff from the Social Services commission and authorize the City Clerk to publish a Notice of Vacancy. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. 5 January 29, 1991 I 346 14-J: REVIEW OF CONTRACTS/GIFTS OF PUBLIC ART: Presented was the request of Councilmember Holbrook to discuss council review of all installation/construction contracts pertaining to gifts of public art prior to the execution of these contracts. Discussion was held. Council asked questions of staff. Councilmember Holbrook moved that council review installation contracts when required of gifts of art to the city. The motion died for lack of a second. 15: PUBLIC INPUT: Member of the public Joy Fullmer addressed Council regarding the Gulf War and its resultant implications and effects. Member of the public Art Casillas addressed Council regarding gangs and drugs. CLOSED SESS ION: At 10: 40 P. M. , Council adj ourned to Closed session for the purpose of discussing pending litigation in the cases of Goldstein v. City of Santa Monica, Van Nuys Superior Court Case No. WEC 040 402; Tobias v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 122 016; Dauteuil v. city of Santa Monica, Santa Monica Superior court Case No. WEC 125 173; Latasa, et al. v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 120 615. Council also considered the purchase of property located at 505 Olympic Boulevard, Santa Monica. The negotiators for the City are John Jalili and Lynne Barrette. The negotiator for the owners of the property is John Kaufman. The legal authority for holding a Closed Session on real estate transactions is Government Code Section 54956.8. At 11:16 P.M., Council reconvened with all members present. Mayor Abdo moved to approve settlements in the case of Goldstein v. City of Santa Monica, in the amount of $25,270; Tobias v. City of Santa Monica, et al., in the amount of $41,185; Dauteuil v. City of Santa Monica, in the amount of $50,000; and Latasa et al. v. City of Santa Monica in the amount of $75,000. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. ADJOURNMENT: At 11:16 P.M., the meeting was adjourned to February 19, 1991, in memory of Harry Spitzer. ATTEST: APPROVED: ~ $tJ4 Judy Abdo Mayor Clarice E. City Clerk 6 January 29, 1991 341 NOTICE OF CANCELLATION OF MEETING OF I SANTA MONICA CITY COUNCIL FEBRUARY 12, 1991 NOTICE IS HEREBY GIVEN that the regular scheduled meet1ng of the Santa Mon1ca C1ty Counc11 to be held at 7:30 P.M., on February 12, 1991, 1n the Counc11 Chambers, 1685 Ma1n Street, Santa Mon1ca, has been cancelled by actlon of the C1ty Councl1 at the meetlng of January 22, 1991. ~ rY/}/ Clarlce E. JOhnS~ Clty Clerk