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M-5/23/1989 194 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 23, 1989 A special joint meeting of the Santa Monica City Council, Parking Authority, and Housing Authority was called to order by Mayor Pro Tempore Finkel at 7: 07 p. m., on Tuesday May 23, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane (arrived at 8:12 p.m.) Mayor Pro Tempore David B. Finkel Council member Judy Abdo Councilmember william H. Jennings Councilmember Herbert Katz (arrived during Closed Session) Councilmember Christine E. Reed Absent: Councilmember Ken Genser Also Present: City Manager John Jalili City Attorney Robert M. Myers Deputy City Clerk Charles Schitoskey CLOSED SESSION: presented was a request for Closed Session. councilmember Reed moved to adjourn to Closed Session. Second by Councilmember Abdo. The motion was unanimously approved, and at 7:08 p.m., Council adjourned to Closed Session for the purpose of considering personnel matters and the following list of pending litigation: Santa Monica Rent Control Board v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEe 136 258; City of santa Monica v. Shell Oil Company, et al., Los Angeles Superior Court Case No. C714 602; Wesley v. City of Santa Monica, Santa Monica superior Court Case No. WEC 090 279; and the claim of Moran de Musee, Claim No. CSM 89-1-155. At 7:32 p.m., Council reconvened. Mayor Pro Tempore Finkel announced that no action was taken in Closed Session. 4-A: EMPLOYEE SERVICE PINS: Mayor Pro Tempore Finkel presented employee service pins to Don Arnett, Director of Recreation and Parks, for 25 years of service to the City, and Dorothy Schmeck, Staff Assistant II at the Library, for 20 years of service to the City. 4-C: EMERGENCY COLD WEATHER PROGRAM: Mayor Pro Tempore Finkel presented commendations to social service agency staff members who assisted with the Emergency Cold Weather Shelter program. commendations were presented to Diane Carillo, Susan Fleishman, Diane Foray, Karen Lamp, Sally Maciel, Mary smith and Richard Usatine of the venice Family Clinic: Janet Chunn, Terence Hill, Darlene Lasher and Carolyn Monastra of the Ocean Park Community 1 May 23, 1989 195 Center; Brian Maus, Oslinda Mascarendas, sister Margaret peeples, John Suggs and sister Bernie Ternes of the st. Joseph Center; Gina Bevilacqua of step Up on Second; Arther Brown, James Cook, G. David Heine and Al Holloway of the Clare Foundation; and Pam Rice. 4-B: TREE CITY U.S.A. AWARD: The eighth consecutive Tree City USA award was presented to the city of Santa Monica by the Los Angeles County Fire Department, Forestry Division, on behalf of the National Arbor Day Foundation, in recognition of the City'S tree planting and preservation efforts. 4-D: ANNUAL VACANCIES ON BOARDS AND COMMISSIONS: Tempore Finkel announced that the city Clerk's accepting applications to fill vacancies on various and Commissions. Mayor Pro Office is ci ty Boards Councilmember Jennings led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING: A special joint meeting of the City Council and Parking Authority was called to order by Chairperson Pro Tempore Finkel at 7: 55 p.m. Roll Call: Present: Chairperson Dennis Zane (arrived at 8:12 p.m.) Chairperson Pro Tempore Finkel Authority Member Abdo Authority Member Jennings Authority Member Katz Authority Member Reed Absent: Authority Member Genser Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Acting Authority Clerk Charles Schitoskey PA-l: PARKING AUTHORITY MINUTES: The Parking Authority minutes of April 11, 1989, were presented for approval. Authority Member Reed moved to approve the minutes as written. Second by Authority Member Katz. The motion was approved, Authority Member Genser and Chairperson Zane absent. CC/PA-l: SALE OF AIR-RIGHTS/PARKING LOT 4/1116-46 4TH STREET: Presented was a staff report transmitting recommendations regarding the sale of air-rights over Parking Lot 4 at 1116-46 4th Street, to Retirement Housing Foundation for the development of senior housing. Council asked questions of staff. At 7: 56 p.m., Chairperson Pro Tempore Finkel declared the pUblic hearing opened. Joy Fullmer spoke in opposition to the proposed development of senior housing. Morris Rosen and Suzanne Mitchell 2 May 23, 1989 196 spoke in support of the proposed development of senior housing. At 8:07 p.m., there being no one else wishing to speak, Chairperson Pro Tempore Finkel declared the public hearing closed. Authority Member Katz moved to approve the staff recommendation and adopt Resolution No. 210 (PAS) entitled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA TRANSFERRING PROPERTY OF THE PARKING AUTHORITY TO THE CITY," reading by title only and waiving further reading thereof. Thereby authorizing the transfer of property at 1116-46 Fourth Street from the parking Authority to the City, subject to Retirement Housing Foundation's receipt of a section 202 loan commitment. Second by Authority Member Abdo. Discussion was held. Authority Member Reed requested the record to reflect that her opposition to the transfer of the development rights on this parcel is due to her belief that the City is placing the cart before the horse in the process of transferring the development rights without any firm assurance on the cost of the project or the cost of the replacement of the public parking that exists on the site; that Council is moving forward to apply for the funds for this project before the City has begun construction on the other senior housing proj ect across the alley and before the environmental impact reports and other necessary examinations have been made; and that those studies should be undertaken prior to transferring the development rights. Chairperson Pro Tempore Finkel moved a substitute motion to table this matter until later in the meeting when Chairperson Zane is present. The motion died due to lack of a second. Chairperson Zane arrived at 8:12 p.m., and took his place at the dais. The motion, on behalf of the Parking Authority, to adopt the resolution authorizing the transfer of property was approved by the following vote: Parking Authority vote: Affirmative: Authority Members Abdo, Finkel, Jennings, Katz, Chairperson Zane Negative: Authority Member Reed Absent: Authority Member Genser Authority Member Reed requested the the record reflect her reasons for voting "no" as previously stated. Councilmemher Jennings moved to approve the staff recommendation and adopt, on behalf of the City Council, Resolution No. 781.1 (CCS) entitled: "A RESOLUTION OF THE CITY COGNCIL OF THE CITY OF SANTA MONICA TRANSFERRING PROPERTY OF THE PARKING AUTHORITY TO THE CITY;" and Resolution No. 7812 (CCS) enti tl ed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING AN AGREEMENT TO SELL AIR RIGHTS OVER PROPERTY AT 1116-46 FOURTH STREET TO RETIREMENT HOUSING FOUNDATIONj" reading resolutions by title only and waiving further reading thereof. Thereby authorizing the City Manager to negotiate and execute Contract No. 5335 (CCS) which provides Retirement Housing Foundation the exclusive right to purchase the air-rights of 3 May 23, 1989 197 Parking Lot Four for the development of senior housing. Second by councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Mayor Zane Negative: Councilmember Reed Absent: Councilmember Genser Councilmember Reed requested the record to reflect that her negative vote was for the same reasons as previously stated. At 8:14 p.m., the special meeting of the Parking Authority was adjourned and a special meeting of the Housing Authority was called to order. Housing Authority Roll Call: Present: Chairperson Zane Chairperson Pro Tempore Finkel Authority Member Abdo Authority Member Jennings Authority Member Katz Authority Member Reed Absent: Authority Member Genser Also Present: Executive Director John Jalili Authority Attorney Robert M. Myers Acting Authority Secretary Charles Schitoskey HA-1: SECTION 8 HOUSING/ANNUAL CONTRIBUTIONS CONTRACT: Presented was a recommendation to adopt a resolution approving the revised Section 8 Housing Certificate Program Annual Contributions Contract. Member of the public Joy Fullmer expressed her concerns regarding the distribution of housing funds to senior citizens. Authority Member Abdo moved to approve the staff recommendation and adopt Resolution No. 36 (HAS) entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING SUPERSEDING PART I OF SECTION 8 HOUSING CERTIFICATE PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-520(E) AND AUTHORIZING EXECUTION THEREOF," reading by title only and waiving further reading thereof. Thereby authorizing the execution of Contract No. 5336(HAS) with the U. S. Department of Housing and Urban Development. Second by Chairperson Pro Tempore Finkel. The motion was approved by the following vote: Housing Authority vote: Affirmative: Authority Jennings, Zane Members Abdo, Finkel, Katz, Reed, Chairperson 4 May 23, 1989 198 Absent: Authority Member Genser At 8:20 p.m., the Housing Authority special meeting was adjourned. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Mayor Pro Tempore Finkel moved to approve the Consent Calendar with the exception of Item 6-1, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Genser 6-A: MINUTES APPROVAL: The City Council minutes of April 18, and 25, 1989, were approved as written. 6-B: VEHICULAR TRAFFIC ON THIRD STREET PROMENADE: Ordinance No. 1480 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3347C TO THE SANTA MONICA MUNICIPAL CODE AND AMENDING MUNICIPAL CODE SECTION 3612 TO PERMIT VEHICULAR TRAFFIC ON THE THIRD STREET PROMENADE TRAVELING AT A RATE OF 15 MILES PER HOUR OR LESS," introduced May 9, 1989, was adopted. 6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7813 (CCS) entitled: uA 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-69-136/139) , II thereby setting a public hearing for June 27, 1989, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets, was adopted. 6-D: FINAL MAP 46572/CONDOMINIUM PROJECT/603 OCEAN AVENUE: Resolution No. 7814 (CCS) anti tIed: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46572," thereby approving Final Tract Map 46572 for a 22 unit condominium at 603 Ocean Avenue, was adopted. 6-E: PUBLIC WORKS WEEK: Resolution No. 7815(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING MAY 21-27, 1989 PUBLIC WORKS WEEK,II was adopted. 6-F: NEW ROOFS AT POLICE DEPARTMENT: A recommendation to award Contract No. 5337 (CCS) to Saddleback Roofing in the amount of $29,763 as the lowest and best bidder to install new roofs at the police Department, and authorize the City engineer to issue any change orders necessary to complete additional work to the extent 5 May 23, 1989 199 of funds available in accordance with the Administrative Instruction on Change Orders was approved. 6-G: STATEMENT OF OFFICIAL ACTION/1919 SANTA MONICA BOULEVARD: A recommendation to approve a statement of Official Action for DR 441, VAR 88-016, EIA 870 to approve the project at 1919 Santa Monica Boulevard, pursuant to Council action on April 11, 1989, was approved. 6-H: STATEMENT OF OFFICIAL ACTION/2801 SANTA MONICA BOULEVARD: A recommendation to certify the Statement of Official Action to deny the appeal of Development Review 367A, Zone Change 28 and Initial Study (EIA 836) for a proposed four storyj40', 66 room addition to the existing three story, 82 room Comfort Inn located at 2801 Santa Monica Boulevard, pursuant to Council action on May 2, 1989, was approved. 6-J: BID NO. 2215/REPAIR OF TRANSIT COACH SEATS/TRANSPORTATION DEPARTMENT: Bid No. 2215 was awarded to Sardo Bus & Coach Upholstery, as the lowest responsible bidder, to provide material, tools and labor to repair transit coach seats at specified unit prices plus applicable sales tax, with two one-year options, for the Transportation Department. 6-K: VALVES AND FITTINGS/WATER DIVISION/GENERAL SERVICES DEPARTMENT: Bid No. 2216 was awarded to Davis Taylor Jett as the lowest and best bidder, to provide resilient seat gate valves, ductile or gray iron fittings at specified unit prices, plus applicable sales tax, for the Water Division of the General Services Department. 6-L: STEEL TAPPING SLEEVES/WATER DIVISION/GENERAL SERVICES DEPARTMENT: Bid No. 2217 was awarded to Davis Taylor Jett as the lowest and best bidder, to provide fabricated steel tapping sleeves, at specified unit prices, plus applicable sales tax, for the Water Divison of the General Services Department. 6-M: SENIOR NUTRITION AND RECREATION PROGRAM/GRANT APPLICATION/CONTRACT: Resolution No. 7816 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY PERSONS, II thereby authorizing the submittal of a grant application to the Los Angeles County Area Agency on Aging for funding in the amount of $141,964 and authorizing the City Manager to negotiate and execute Contract No. 5338(CCS) to provide services to the elderly through the City'S Senior Nutrition and Recreation Program, was adopted. 6-N: CIVIC CENTER SPECIFIC PLAN CONTRACT: A recommendation to authorize the city Manager to negotiate and execute Contract No. 5339(CCS) with Planning and Design Solutions for the preparation of the Civic Center Specific Plan, and the appropriation of $13,167.00 to finance the contract, was approved. 6 May 23, 1989 200 6-0: ANTI-DRUG PROGRAM/CITY TRANSPORTATION DEPARTMENT: Resolution No. 7817 (CCS) entitled: riA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING AN ANTI-DRUG PROGRAM POLICY FOR THE CITY I S TRANSPORTATION DEPARTMENT, .. was adopted. END OF CONSENT CALENDAR 6-I: STATEMENT OF OFFICIAL ACTION/CONDOMINIUM PROJECT/434 PIER AVENUE: Presented was a recommendation to certify the Statement of Official Action to uphold the appeal of Conditional Use Permit 89-003 and Tentative Parcel Map 20677 for a two Story/27', four unit condominium to be located at 434 pier Avenue, pursuant to Council action of May 2, 1989. Councilmember Abdo excused herself due to a possible conflict of interest. Councilmember Katz moved to approve the statement of official action. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: Counci1members Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmembers Abdo, and Genser 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a public hearing on the assessment of costs to repair damaged sidewalks, driveways, and curbs (SR-89-134/135). At 8:24 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 approve the staff recommendation and adopt Resolution No. 7818 (CCS) entitled: t1A 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-89-l34/135)," reading by titled only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Genser 8-A: NON-RESIDENTIAL AND HOTEL DEVELOPMENT MORATORIUM EMERGENCY ORDINANCE: Presented was a staff report transmitting an emergency Ordinance for introduction and adoption establishing a moratorium on non-residential and hotel development citywide with certain exemptions, for a period of 10 months and 15 days. Council asked questions of staff. At 8:52 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer, Gerald Chong, and Tom Nitti spoke in opposition to the proposed moratorium. Allen Zahner spoke in support of the proposed moratorium. Chris Harding, Joseph Cook, and Tom Larmore spoke in support of the development of a hardship provision within the proposed 7 May 23, 1989 201 moratorium. development moratorium. speak, Mayor Karl Schober spoke in support of exempting all within the Bayside District from the proposed At 9: 33 p.m., there being no one else wishing to Zane declared the public hearing closed. Council adjourned for a short recess at 9:35 p.m. reconvened at 9:51 p.m. Council Councilmember Abdo moved to approve the staff recommendation and adopt Ordinance No. 1481(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof, with the amendment that the word "demolition" be deleted from paragraphs (a) and (b) of section 2 of the proposed ordinance. Second by Councilmember Katz. Councilmember Katz moved to amend the ordinance to provide a window of thirty days from May 23, 1989, to allow developers to submit completed development permit applications provided that developers can prove that they were moving ahead on good faith and in a diligent basis. The motion to amend died for lack of a second. Discussion was held. Mayor Pro Tempore Finkel moved a substitute motion to approve the ordinance, as amended, with an additional amendment to change the date May 2, 1989, to May 30, 1989, in paragraph (e), section 3, of the proposed ordinance. Second by Councilmember Reed. Discussion was held. The motion to amend the ordinance failed by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Reed Negative: councilmembers Jennings, Katz, Mayor Zane Absent: Councilmember Genser The main motion to adopt the ordinance, as amended by Councilmember Abdo, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Genser Councilmember Katz moved to direct staff to return to Council on May 30, 1989, with a very focused proposed hardship amendment to this ordinance, which would only apply to applicants who have shown good diligence in proceeding along the lines of development, and who purchased property for development during the period of August 9, 1988, to May 2, 1989. Second by Councilmember Reed. Discussion was held. During discussion, Councilmember Katz amended his motion to eliminate the dates specified in the motion. The motion, as amended, was approved by the following vote: 8 May 23, 1989 202 council vote: Affirmative: councilmembers Jennings, Katz, Reed, Mayor Zane Negative: councilmembers Abdo, Finkel Absent: Councilmember Genser 8-B: PROGRAM 10 CONDITIONS: Presented was a staff report transmitting an ordinance for introduction and first reading establishing Program 10 conditions. council asked questions of staff. At lO:35 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer expressed her concerns regarding the proposed ordinance. Gary Neville spoke in opposition to the proposed ordinance. At 10:45 p.m., there being no one else wishing to speak, Mayor Zane declared the public hearing closed. Discussion was held. Counci1member Abdo moved to approve the staff recommendation and introduce an ordinance for first reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PROGRAM 10 GUIDELINES," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion failed by the fallowing vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Mayor Zane Negative: Counci1members Jennings, Katz, Reed Absent: Councilmember Genser Immediately following the vote on this item, councilmembers Abdo and Finkel changed their affirmative votes to negative. B-C: ISSUANCE OF REVENUE BONDS: Presented was an staff report transmitting an ordinance for introduction and first reading amending Section 2651 of the Santa Monica Municipal Code regarding powers and procedures for issuance of revenue bonds. council asked questions of staff. At 10:50 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer expressed her concerns regarding the proposed ordinance. At 10:53 p.m., there being no one else wishing to speak, Mayor Zane declared the pUblic hearing closed. Counci1member Reed moved to approve the staff recommendation and introduce, for first readingl an ordinance entitled: II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2651 TO SPECIFY THE POWERS AND PROCEDURES FOR THE ISSUANCE OF REVENUE BONDS,II reading by title only and waiving further reading thereof, with the amendment that this authority be limited to only those cases where the City is acting jointly with other governmental entities or other public agencies, but not for the city acting in and of itself. Second by Counci1member Katz. At the recommendation of the city Attorney, Counci1rnember Reed moved to modify her original motion to direct staff to return on May 30, 1989, with an ordinance for first reading, reflecting her 9 May 23, 1989 203 amendments. Second by Councilmember Katz. approved by the following vote: The motion was council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Genser 8-D: TAX ON INTERSTATE AND INTERNATIONAL TELEPHONE COMMUNICATION: Presented was a staff report transmitting an ordinance for introduction and first reading amending Santa Monica Municipal Code Section 6621 to impose a tax on interstate and international telephone communication. Council asked questions of staff. At 11:00 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer expressed her concerns regarding the proposed ordinance. At 11:02 p.m., there being no one else wishing to speak, Mayor Zane declared the public hearing closed. 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 SANTA MONICA MUNICIPAL CODE SECTION 6621 PERTAINING TO THE TELEPHONE USER'S TAX, II reading by title only and waiving further reading thereof. Second by Councilmember Abdo. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Reed, Mayor Zane Negative: Councilmember Katz Absent: Councilmember Genser Councilmember Reed moved to direct staff to investigate the ability of the City to impose the utility tax on cellular telephone service activity in the city. Second by Councilmember Jennings. The motion was approved, Councilmember Katz opposed, Councilmember Genser absent, Mayor Pro Tempore Finkel abstained. Councilmember Katz moved to extend the meeting to 11: 30 p.m. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Jennings opposed. 8-E: PARKING METER RATES/PARKING METERS ON VARIOUS STREETS: Presented was a staff report transmitting an ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 3393A, 3393B, 3393C, 3393D, 3393E, and 3393F and repealing Municipal Code Section 3393G, increasing parking meter rates and authorizing parking meters to be placed on various City streets. council asked questions of staff. At 11:08 p.m., Mayor Zane declared the public hearing opened. JOY Fullmer and Alex M. Man spoke in opposition to the proposed ordinance. At 11:15 p. m., there being no one else wishing to speak, Mayor Zane declared the public hearing closed. Discussion was held. Mayor 10 May 23, 1989 204 Pro Tempore Finkel moved to introduce, for first reading, an ordinance entitled: II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3393A, 3393B, 3393C, 3393D, 3393E, 3393F AND REPEALING MUNICIPAL CODE SECTION 3393G INCREASING PARKING METER RATES AND AUTHORIZING PARKING METERS TO BE PLACED ON VARIOUS CITY STREETS," reading by title only and waiving further reading thereof. Second by Councilmember Abdo. Councilmember Reed moved to amend the ordinance by deleting paragraph (c) of Section 3393A, and deleting that language wherever it appears throughout the ordinance, and replacing that language with the following: "Parking meters shall be operated in such times as posted by the Parking and Traffic engineer upon the adoption of a resolution by the ci ty Council, II throughout the ordinance. Second by Councilmember Katz. The amendment was accepted as friendly by the maker and second of the original motion. At the direction of the City Attorney, the proposed language for the amendment was changed to read: "parking meters shall be operated in Zones ..... at such times as posted by the Parking and Traffic Engineer and established by the City Council by resolution. II The motion to introduce the ordinance, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Genser II-A: CLOSED SESSION: Not held. I3-A: COOKING AND BICYCLE FACILITIES ON CITY LAND: Presented was the request of Mitchell Lachman to address Council regarding cooking and bicycle facilities on city land. Mr. Lachman addressed Council in support of initiating a bicycle committee to investigate initiating the following programs: requiring that commercial developments provide bicycle parking~ the provision of bicycle racks on City buses~ and the provision of free pUblic bicycles to promote the use of bicycles as a means of transportation in the City. Mr. Lachman further addressed Council in support of the provision of outdoor cooking facilities for the homeless. Discussion was held. Staff indicated to Mr. Lachman and Council that the issue of bicycle facilities is being addressed in the City'S Transportation Management Plan. 13-B: REQUEST OF GREGORY WIETZYCHOWSKI/PUBIC SAFETY ON THE PIER: Presented was the request of Gregory wietzychowski to address Council regarding gang activities and public safety on the Pier. Mr. Wietzychowski expressed his concerns regarding the public safety of people who use the Pier and park in the Pier parking lots. The City Manager responded to the concerns expressed by Mr. Wietzychowski. Staff was directed to prepare a report on the City's policy regarding the issuance, by the Police Department, of incident reports when no arrests are made. 11 May 23, 1989 205 13-C: REQUEST OF MORAN DE MUSEE/SITE-SPECIFIC ART WORK: Presented was the request of Moran de Musee to address Council regarding a proposed art work. Mr. de Musee addressed Council regarding his contract to prepare a site-specific sculpture in the Ocean Park beach project. Councilmember Reed moved to receive and file Mr. de Musee's communication. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Genser 13-D: REQUEST OF DALE E. MOTLEY/BUSINESS LICENSE PENALTY: Presented was the request of Dale E. Motley of C & K Aviation, Inc. to address Council regarding business license penalty. Mr. Motley requested that Council waive the business license penalty assessed against C & K Aviation. Julie Banks, an employee of C & K Aviation, testified before council that the check for the payment of the business license was deposited in the mail prior to the deadl ine for payment of business license taxes. councilmember Katz moved to receive and file Mr. Motley's communication. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: Council vote : Affirmative: councilmembers Abdo, Finkel, Katz, Reed, Mayor Zane Absent: councilmembers Genser, Jennings l4-A: ARCHITECTURAL REVIEW BOARD: Presented was the matter of the appointment of a member to the Architectural Review Board, continued from May 2, 1989. Councilmember Katz moved to continue this appointment to the annual appointment process June 27, 1989. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Genser absent. l4-B: AIRPORT COMMISSION: presented was the matter of the appointment of a member to the Airport Commission. councilmember Reed moved to defer this appointment to the annual appointment process June 27, 1989. Second by councilmember Katz. The motion was unanimously approved, Councilmember Genser absent. Mayor Pro Tempore Finkel moved to extend the meeting to 12 : 00 a.m. Second by Councilmember Reed. The motion was approved, Councilmember Genser absent. 14-C: COOPERATION WITH LOS ANGELES AND CULVER ON TRAFFIC ISSUES: Presented was the request of Mayor Zane to discuss cooperation with the cities Los Angeles and Culver City on traffic issues. Mayor Zane initiated discussion and moved to direct staff to work together with the relevant Los Angeles and Culver City staff to jointly develop plans to effectuate improved traffic conditions 12 May 23, 1989 206 on streets that are shared by the three cities, recommendations, if any, be brought to Council Second by Councilmember Katz. The motion was approved, Councilmember Genser absent. and that all for action. unanimously 14-D: ZONING CODE AMENDMENT/ART ACTIVITIES IN COMMERCIAL AND MANUFACTURING ZONES: Presented was the request of Mayor Zane to discuss amending the zoning Code to permit stage and performance art and other performing arts activities in commercial and manufacturing zones. Mayor Zane initiated discussion and moved to direct staff to examine, in the context of the Zoning Code, the advisibility of, and the circumstances under which theater, performance art, and other forms of performing arts might be permitted activities in commercial and manufacturing zones. Second by Councilmember Katz. Discussion was held. During discussion, councilmember Katz withdrew his second. Mayor Zane moved to continue the meeting to 12:15 a.m. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Katz opposed, Councilmember Genser absent. Mayor Pro Tempore Finkel seconded Mayor Zane's motion to direct staff. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz, Mayor Zane Negative: councilmember Reed Absent: Councilmembers Genser, Jennings Councilmember Reed requested the record to reflect that she thinks that the manufacturing zone needs some protection in the city. 14-E: $10,000 ALLOCATION/SANTA MONICA BAY RESTORATION PROJECT: Presented was the request of Mayor Zane and Councilmember Reed to discuss an allocation of $10,000 for the Santa Monica Bay Restoration Project, to be included in the current fiscal year budget. Councilmember Reed ini tia ted discussion and moved to approve the request for $10,000 to be included in the current fiscal year budget. Second by Mayor Zane. The motion was approved by the following vote: council vote: Affirmative: councilmembers Abdo, Finkel, Katz, Reed, Mayor Zane Absent: Councilmembers Genser, Jennings l4-F: CROWD CONTROL MEASURES/SANTA MONICA CIVIC AUDITORIUM: Presented was the request of Councilmember Reed to discuss crowd control measures at the Santa Monica Civic Auditorium. Councilmember Reed initiated discussion and moved to direct staff to change their practices with regard to "festival seatingll or 13 May 23/ 1989 207 "standing room only" performances, based on the kind of performance at the auditorium. At the request of Mayor Zane, Councilmember Reed amended her motion so that staff is directed to provide a review of their policies and to address the issues of "festival seating" and IIstanding room onlyll performances, and that staff specifically examine the form of a notice to be provided to all ticket-buyers to concerts where the Auditorium staff contemplates this kind of situation, so that there will be no inexperienced or uninformed concertgoers. Second by Mayor Zane. The motion was approved, Councilmember Genser absent. 14-G: FEDERAL OFFSHORE OIL DEVELOPMENT TASK FORCE HEARING/MAY 24, 1989: Presented was the request of Mayor Zane and Councilmember Reed to discuss the Federal Offshore Oil Development Task Force hearing in Los Angeles on May 24, 1989, and the endorsement of Santa Barbara County policy statement stressing conservation. Mayor Zane initiated discussion and moved to endorse, on behalf of the City of Santa Monica, the Santa Barbara County policy statement emphasizing conservation, to be conveyed at the hearing before the Federal Offshore oil Development Task Force hearing, as well as in letters to the appropriate agencies within the federal government. Second by Councilmember Reed. The motion was approved, Councilmember Genser absent. 14-H: COUNCIL CHAMBERS FEE/SENATE COMMITTEE ON ENERGY AND PUBLIC UTILITIES: Presented was the request of Mayor Zane to discuss waiving the fee for the use of the Council Chambers by the Senate Committee on Energy and Public utilities on Friday, June 2, 1989. Mayor Zane moved to waive the fee for the use of the Council Chambers for this meeting. Second by Councilmember Katz. The motion was approved, Councilmember Genser absent. 15. PUBLIC INPUT: There were no members of the public wishing to speak. ADJOURNMENT: At 12:12 a.m., the meeting was adjourned to May 30, 1989, at 7:30 p.m., to consider the following items: Item 8-C; an ordinance amending Item a-A; and a pUblic hearing on the Community Development Plan for Fiscal Year 1989-90 and Fiscal Year 1990-91. The meeting was adjourned in memory of Elizabeth Stern and E. L. Balmer. ATTEST: APPROVED: Dennis Zane Mayor {~~[uJ , Charles M. sdbitoskey Deputy City Clerk p.-, I ~- 14 May 23, 1989