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M-11/28/1989 386 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 28, 1989 A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tempore Finkel at 7: 05 P.M. I on Tuesday, November 28, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane (arrived during Closed Session) Mayor Pro Tempore David B. Finkel councilmember Judy Abdo Councilmember Ken Genser Councilmember Herbert Katz Councilmember Christine E. Reed Absent: councilmember william H. Jennings Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen CLOSED SESSION: At 7:05 P.M., council adjourned to Closed Session for the purpose of considering the following litigation and threatened litigation: Bagby v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 122 383; and Katz v. city of Santa Monica (threatened litigation). At 7: 39 P.M., Council reconvened. No Council action was announced from Closed session. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser Councilmember Herbert Katz Councilmember Christine E. Reed Absent: Councilmember William H. Jennings (arrived at 8:53 P.M.) Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Councilmember Genser led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. Council wished City Attorney Robert Myers Happy Birthday. Mayor Zane presented a commendation to Jacqueline Des Lauriers of radio station RCRW in appreciation for the station's innumerable services to the residents of the City of Santa Monica. 1 November 28, 1989 387 4-A/11-A: PRESENTATION OF THE FINAL REPORT TO THE CITY COUNCIL BY THE SANTA MONICA COMMITTEE FOR YOUTH: Presented was a report to the City Council by the santa Monica Committee for Youth. Mayor Zane presented commendations to the members of this task force. M~yor Pro Tem Finkel moved to consolidate Item ll-A with this item. Second by Councilmember Katz. The motion was unanimously approved. The following members of the Santa Monica commi t tee for Youth: Lupe Castro, Bob Harvey, Pam Brady, and Barbara stinchfield, Manager of Community and Neighborhood Services presented the report to Council. Mayor Zane opened the public hearing at 8: 26 P.M. Councilmember Jennings arrived at 8:53 P.M. Member of the public Joy Fullmer expressed her concerns regarding the viability of the recommendations of the Committee. Members of the public Teresa Potter, Terry Ogawa, Leon Davidson, Joanne Leavitt, Tom Leavitt, Teresita Martinez, Robin Moss, Barbara Markay, John smith, Patricia Hoffman, Kathy McTaggart-Crosbie, Phyllis Morrison, Dan Kingsley, John Frank, Suzanne Brewer, Judith Brunk, Susan Wilsin, Ida Bucher, Oscar de la Torre, Emily De Fraites, Jean Gebman, Josephine Santiago, Tim McAlevey, Harold Dunnigan, Alan Quinn, Lauren Burton, Mary Ann Glicksman, Kit Dreyfuss, Bruria Finkel, and Art Casillas spoke in support of the Task Force recommendations. Councilmember Katz moved to hear late speakers. Second by Councilmember Genser. The motion was unanimously approved. Member of the public Jack Baptista spoke in support of increased consideration being given to existing programs. Members of the public Ysidro Reynaga, Tony Vazquez, and Jennifer Tardif spoke in support of the Task Force recommendations. Mayor Zane closed the public hearing at 9: 50 P.M. At 9: 50 P. M., Council adj ourned for a short recess. P.M., Council reconvened with all members present. At 10: 15 Mayor Pro Tem Finkel moved to accept the Santa Monica Committee for Youth report; to adopt, in concept, the staff implementation plan; to authorize the City Manager to implement year one of the action plan; to begin cooperative efforts with other funders to ensure the long-term implementation of the plan: to appropriate $84,179 in the current fiscal year for the initiatives outlined in the action plan in year-one: to authorize the creation and hiring of the position of Senior Administrative Analyst to coordinate youth child care activities for the City: to authorize the creation and hiring of three as-needed positions to be filled by young people for the Kid City initiative: and to authorize the City Manager to implement the grant funding process for Youth and Family Human Services, as specified in the action plan. Second by Councilmember Katz. Discussion was held. Council asked questions of staff and representatives of the Task Force. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Reed moved to extend the meeting to 12: 00 A. M. Second by Councilmember Katz. The motion was unanimously approved. 2 November 28, 1989 388 5-A: REQUEST OF LEONARD M. KURAS TO ADDRESS THE COUNCIL REGARDING THE COALITION OF SANTA MONICA HOMELESS: Mr. Kuras addressed Council on behalf of The Coalition of Santa Monica Homeless and offered the Coalition I s assistance to any organization serving the homeless. Mr. Kuras proposed the creation, on a three month trial basis, of an Information, Safety and security Squad composed entirely of homeless people. Mayor Pro Tem Finkel moved to grant Mr. Kuras an additional three minutes to speak. Second by Councilmember Genser. The motion was unanimously approved. Council asked questions of Mr. Kuras. Councilmember Katz moved to direct staff to meet with Mr. Kuras and return with a recommendation regarding his proposals. Second by Mayor Pro Tern Finkel. Discussion was held. The motion was unanimously approved. 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 with the exception of Items 6-B and 6-E, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tern Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of November 7, 1989/ were approved as presented. 6-C: HANDICAPPED PARKING: Resolution No. 7937 (CCS) entitled: II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ON THE NORTH SIDE OF PEARL STREET EAST OF 16TH STREETIf and Resolution No. 7938(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 1626 FRANKLIN STREET" were adopted. 6-D: FINAL MAP FOR TRACT NO. 18806/631 PACIFIC STREET: Resolution No. 7939 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION J.1AP FOR TRACT NO. 18806" was adopted, thereby approving a Final Map for a 4-unit, tenant-participating conversion at 631 Pacific Street. 6-F: FINAL TRACT MAP FOR TRACT NO. 47487/1214 14TH STREET: Resolution No. 7941 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47487" was adopted/ thereby approving a Final Tract Map for Tract No. 47487, a 6-unit condominium project at 1214 14th Street. 6-G: FINAL PARCEL MAP FOR TRACT NO. 19278/607 OCEAN PARK BOULEVARD: Resolution No. 7942(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 19278" was 3 November 28/ 1989 389 adopted, thereby approving a Final Parcel Map for Tract Map No. 19278, a 4-unit condominium project at 607 Ocean Park Boulevard. 6-H: ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRA11: Resolution No. 7943 (CCS) entitled: lIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR DEVELOPMENT OF SANTA MONICA PARKS" was adopted, thereby authorizing the City Manager to execute the necessary documents for the development of Santa Monica parks under the above grant. 6-1: POLICE OFFICER TRAINEE: Resolution No. 7944(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF POLICE OFFICER TRAINEE II was adopted, thereby establishing the salary for a Police Officer Trainee and approving the classification specification. 6-J: EMERGENCY REPAIRS TO TRANSPORTATION FACILITY UNDERGROUND FUEL LINE SYSTEM: A Resolution waiving competitive bids and approving a contract with R & D Marketing, Inc., in the amount of $70,000 for emergency repairs to the Transportation facility underground fuel line system was withdrawn at the request of staff. END OF CONSENT CALENDAR 6-8: EASEMENT AGREEMENT FOR OUTDOOR DINING AREA DAB CORPORATION, DBA I CUGINI RESTAURANT/lS01 OCEAN AVENUE: city Manager was authorized to negotiate and execute an easement agreement for an outdoor dining area with OAB Corporation, DBA I Cugini Restaurant, at 1501 Ocean Avenue. Discussion was held. Mayor Zane moved to refer this item back to staff for further evaluation. Second by Councilmember Katz. The motion was unanimously approved. 6-E: FINAL MAP FOR TRACT NO. 46516/1231 9TH STREET: Presented was a staff report transmitting a resolution recommending approval of a Final Map for Tract No. 46516, a 9- unit tenant-participating conversion project at 1231 9th Street. Member of the public Jack Baptista expressed his opposition to the condominium conversion project. Counci1member Katz moved to approve the staff recommendation and adopt Resolution No. 7940 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46516," reading by title only and waiving further reading thereof. Second by Mayor Pro Tern Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Reed moved to continue Items a-A, 8-B, a-c, 8-0, and Items 14-A through 14-1 to the meeting of December 5, 1989. Second by Katz. The motion was unanimously approved. 4 November 28, 1989 390 8-A: MODIFICATION OF ZONING ORDINANCE/LANDSCAPE STANDARDS: A staff report transmitting an ordinance for introduction and first reading regarding modification of section 9041.6 of the zoning ordinance regarding landscape standards for building sites in commercial districts, was continued to the City Council meeting of December 5, 1989. 8-B: RESIDENTIAL WATER CONSERVATION INCENTIVE FEE PROGRAM: A staff report transmitting an ordinance for introduction and first reading adding Section 7200B to the Santa Monica Municipal Code establishing a Residential Water Conservation Incentive Fee Program, was continued to the city Council meeting of December 5, 1989. 8-C: 1988 UNIFORM TECHNICAL CODES: A staff report transmitting an ordinance for introduction and first reading adopting the 1988 Uniform Technical Codes and adopting the Santa Monica amendments to the 1988 Uniform Technical Codes, was continued to the City Council meeting of December 5, 1989. 8-D: MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES: A staff report transmitting an emergency ordinance for adoption creating a 45-day moratorium on the construction of basements and underground garages beneath required yards in the R-l Zone District, was continued to the City Council meeting of December 5, 1989. 8-E: DEVELOPMENT AGREEMENT/SANTA MONICA AIRPORT: Presented was a staff report transmitting an ordinance for adoption and second reading approving the Development Agreement for the Santa Monica Airport residual lad between Reliance Development Group, Inc. and the City of Santa Monica, reintroduced November 14, 1989. Council asked questions of staff. Mayor Zane moved to approve the staff recommendation, thereby adopting Ordinance No. 1503 (CCS), entitled: !IAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN RELIANCE DEVELOPMENT GROUP, INC. AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof, and approving Contract 5464(CCS) between the City and Reliance Development Group, Inc. Second by Councilmember Abdo. Discussion was held. The above motion was approved by the following vote: Council vote: Affirmative: Councilmerobers Abdo, Jennings, Reed, Mayor Zane Negative: Councilmembers Finkel, Katz Genser, Mayor Pro Tem Finkel requested the record reflect that his "no" vote is based upon being opposed to the project, with the additional reason that the project may go forward even though the mitigation that has been recommended might not take place due to reasons beyond the City's control. 5 November 28, 1989 391 Councilmember Katz requested that the record reflect that his negative vote on this item is because the issue of traffic intrusion has not been addressed and he believes that the EIR is defective. lO-A: FRAIL ELDERLY REPORT: Presented was a report by Leonard Gross of the Commission on Older Americans, regarding the results of a survey designed to locate the frail and isolated elderly in Santa Monica. Council asked questions of Mr. Gross and then received the report as presented. II-A: SANTA MONICA COMMITTEE FOR YOUTH: The recommendation to accept the final report by the Santa Monica Committee for Youth and to approve staff recommendations on implementation was heard in conjunction with Item 4-A. II-B: CHILD CARE CENTER FOR MARINE PARK: A staff report transmitting a recommendation to approve the operating structure for a Child Care Center for Marine Park; approve classification specifications; adopt a resolution establishing the salary for a Child Care Program Coordinator; and authorize changes to the Ci ty I S Employee Dependent Care Assistance Program was continued to the City council meeting of December 12, 1989. Councilmember Jennings moved to extend the meeting to 12:10 A.M. The motion was duly seconded and unanimously approved. I3-A: 17TH STREET TENANTS ASSOCIATION: The request of the 17th Street Tenants Association to address Council regarding the withdrawl of residential rental units at 833, 837 and 839 17th Street was continued to the Council meeting of December 5, 1989, at the request of Council. 14-A: PEACE AND ECOLOGY COMMISSION: The request of the Mayor Pro Tempore Finkel to discuss directing the City Attorney to prepare an ordinance creating a Peace and Ecology Commission, continued from November 21, 1989, was continued to the Council meeting of December 5, 1989, at the request of Council. 14-B: AMENDMENT TO ZONING ORDINANCE/DONUT SHOPS: The request of Councilmember Katz to discuss having staff return with an amendment to the Zoning Ordinance changing donut shops from "retail" to "fast food," continued from November 21, 1989, was continued to December 5, 1989, at the request of Council. 14-C: STRATEGIES TO PROTECT OLDER HOMES IN RESIDENTIAL AREAS: The request of Mayor Zane to discuss strategies to protect older homes in residential areas which may be historic or cultural resources, including a possible moratorium on the demolition of pre-1940 buildings, continued from November 21, 1989, was continued to the Council meeting of December 5, 1989, at the request of Council. 14-D: RESIDENTIAL HEIGHT LIMITS: The request of Mayor Zane to examine the setting of residential height limits by reference to adjacent buildings, continued from November 21, 1989, was 6 November 28, 1989 392 continued to the Council meeting of December 5, 1989, at the request of Council. 14-E: LIBRARY BOARD: The matter of an appointment of a member to the Library Board was continued to the Council meeting of December 5, 1989, at the request of Council. 14 - F : PIER RESTORATION CORPORATION BOARD OF DIRECTORS: The matter of an appointment of a member to the Pier Restoration Corporation Board of Directors was continued to the Council meeting of December 5, 1989, at the request of Council. l4-G: JOYCE PARKER-BOZYLINSKI/HOUSING COMMISSION: The matter of the acceptance of a letter of resignation from Joyce Parker-Bozy1inski of the Housing Commission and authorization to the City Clerk to publish a notice of vacancy was continued to the Council meeting of December 5, 1989, at the request of Counil. l4-H: COUNCIL CHAMBERS FEE/U.S. DEPARTMENT OF THE INTERIOR: The request of Mayor Zane to discuss waiving the fee for use of the Council Chambers by the United states Department of the Interior on December 13, 1989, was continued to the Council meeting of December 5, 1989, at the request of council. 14-I: MORATORIUM ON MULTI-FAMILY RESIDENTIAL DEVELOPMENT APPLICATIONS PENDING THE COMPLETION OF THE HOUSING ELEMENT: The request of Mayor Zane to discuss a possible moratorium on mUlti-family residential development applications until the completion of the Housing Element, was continued to the Council meeting of December 5, 1989, at the request of Council. ll-C: CLOSED SESSION This closed session was held earlier in the meeting. Mayor Pro Tem Finkel moved to approve a settlement in the case of Bagby vs City of Santa Monica in the amount of $52,500. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ADJOURNMENT: At 12:04 A.M., the City Council meeting was adjourned to December 5, 1989, at 7:30 P.M., in memory of Leonard Boudin. ATTEST: APPROVED: ;( ~ ~~~~ ~)~~ Clarice E. Johnsen city Clerk Dennis Zane Mayor 7 November 28, 1989