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M-4/25/1989 62 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 25, 1989 A special meeting of the Santa Monica City Council was called to order by Mayor Zane at 6:06 p.m., on Tuesday April 25, 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 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 SS-l: PALISADES PARK MASTER PLAN: Presented was a study session to review preliminary recommendations for a master plan for Palisades Park. At 7:30 p.m., the study session was adjourned. CITY COUNCIL MEETING CONVENED: At 7: 45 p. m., the regular City Council meeting was convened by Mayor Zane. CLOSED SESSION: Held later in the meeting (See Item 11-C at the end of the meeting). 4-A: PROCLAMATION/DAYS OF REMEMBRANCE OF VICTIMS OF THE HOLOCAUST: Mayor Zane presented a proclamation designating April 30 through May 7, 1989 , as the II Days of Remembrance of the Victims of the Holocaust. II 4-B: RESOLUTION PROCLAIMING FAIR HOUSING MONTH: Presented was a staff report transmitting a resolution proclaiming April as "Fair Housing Monthll and April 27, 1989, as "Fair Housing Day at city Hall." Councilmember Reed moved to approve the staff recommendation, thereby adopting Resolution No. 7792 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE MONTH OF APRIL AS IIFAIR HOUSING MONTH" FOR THE YEAR 1989,11 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 4-C: PROCLAMATION/LAW DAY 1989: Mayor Zane presented a prOClamation designating May 6, 1989, as IILaw Day 1989,11 to Gary Paul Andre of the Los Angeles county Bar Association Barristers. 1 April 25, 1989 163 4-D: PROCLAMATION/WATER AWARENESS WEEK: Mayor Zane presented a proclamation to Atossa Soltani of the Santa Monica Water Conservation Department, designating May 1 through May 7, 1989, as "Water Awareness Week. II Dale Hunter of the Metropolitan Water District addressed Council regarding water quality and the need to conserve water. HOUSING AUTHORITY SPECIAL MEETING: At 8: 20 p.m., Mayor Zane convened a special meeting Housing Authority. Housing Authority Roll Call: Present: Chairperson Dennis Zane Chairperson Pro Tempore David B. Finkel commissioner Judy Abdo Commissioner Ken Genser Commissioner William H. Jennings Commissioner Herbert Katz commissioner Christine E. Reed Also Present: Executive Director John Jalili Authority Attorney Robert M. Myers Authority Secretary Clarice E. Johnsen HA-l: HOUSING AUTHORITY MINUTES APPROVAL: The minutes of the Housing Authority meeting of February 28, 1989, were presented for approval. Commissioner Reed moved to approve the minutes as written. Second by Commissioner Katz. The motion was unanimously approved. HA-2: HOUSING ASSISTANCE CERTIFICATES/ANNUAL CONTRIBUTIONS CONTRACT: Presented was a staff report transmitting a resolution approving the submission of an application for 20 housing assistance certificates and authorizing Executive Director to execute annual contributions contract if application is approved. Commission members asked questions of staff. Member of the public Joy Fullmer expressed her concerns regarding housing for single people and the homeless. Discussion was held. Commissioner Genser moved to approve the staff recommendation, thereby adopting Resolution No. 35(HAS) entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING THE SUBMISSION OF AN APPLICATION FOR 20 HOUSING ASSISTANCE CERTIFICATES AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN SAID APPLICATION AND TO EXECUTE THE ANNUAL CONTRIBUTION CONTRACT IF THE APPLICATION IS APPROVED,II reading by title only and waiving further reading thereof: and contingent upon execution of the Annual Contributions Contract, providing authoriziation to increase the Housing Authority's revenue and expenditure accounts in the amounts detailed in the staff report dated April 25, 1989, on an annual basis. Second by Commissioner Reed. The motion was approved by the following vote: Authority vote: Unanimously approved 7-0 2 April 25, 1989 164 At 8:32 p.m., Mayor Zane adjourned the Housing Authority special meeting and reconvened the City Council meeting. S-A: DOWNTOWN NOISE: Presented was the request of Councilmember Genser to discuss problems wi th night time noise in downtown mixed -use neighborhoods, cont inued from March 28, 1989 . Councilmember Genser moved to allow Mr. Gary Neville to address Council regarding this matter. Second by councilmember Katz. The motion was unanimously approved. Mr. Neville addressed Council regarding disturbing night time noise from buildings adjacent to the Georgian Hotel. Mr. Neville questioned the appropriateness of the city I s allowable noise levels for the downtown area and the method used to determine acceptable noise levels. Discussion was held. Councilmember Reed moved to direct staff to review those areas of the Land Use Element which have exacerbated the problem of night time noise in the downtown mixed use neighborhoods, and that that review be taken to the Planning Commission when the Commission is studying the Noise Element. Second by Councilmember Katz. Councilmember Katz moved to amend the motion to direct staff to review the Noise Element wi th regard to setting different noise levels for mixed-use areas as opposed to the overall downtown and residential areas. The amendment was accepted as friendly by the maker of the motion. Councilmember Genser moved to direct staff to investigate the inclusion of a mechanical plan check for review by the Planning Commission or Architectural Review Board regarding the placement of mechanical equipment for proposed developments, and the development of specific performance standards if appropriate, so that proposed developments can be evaluated on their noise impacts on the surrounding neighborhoods. The amendment was accepted as friendly by the maker and second of the main motion. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 5-B: DOWN ZONING NORTH OF WILSHIRE: Presented was the request of Mayor Pro Tempore Finkel to discuss downzoning north of WilShire, continued from April 18, 1989. Mayor Pro Tempore Finkel initiated discussion and moved to direct the City Attorney to prepare an emergency ordinance in accordance with section 9120.6 of the Zoning Code, that would be effective for 45 days from the date of adoption, which would prohibit all new development except for low and moderate income housing, single family homes, the rehabilitation of existing units, and applications for development which have been deemed substantially complete on or before April 28, 1989, in all residential districts within the area bounded by Ocean Avenue to 5th street, and Montana Avenue to wilshire Boulevard. Second by Councilmember Abdo. Discussion was held. Councilmember Genser moved to amend the motion to establish the boundaries for the effected area as only those residentially zoned parcels within an area bounded by Wilshire Boulevard, Montana Avenue, Ocean Avenue and the east side of 14th Street. Second by Councilmember Finkel. The motion to amend was approved by the following vote: 3 April 25, 1989 165 Council vote: Unanimously approved 7-0 The main motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed 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. Councilmember Reed moved to approve the Consent Calendar as presented, 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: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City council minutes of April 4, 1989, were approved as written. 6-B: CONDITIONAL USE PERMITS/NEW PIPELINES: Ordinance No. 1475 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9040.39 TO REQUIRE CONDITIONAL USE PERMITS FOR NEW PIPELINES," was adopted. 6-C: ZONING ORDINANCE CLARIFICATION: Ordinance No. 1476 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9000.3, 9010 . 6 , 9011. 6 , 9019 . 6 , 9024 . 2 , 9040 . 3 , 9040. 5, AND 9040 . 8 TO CLARIFY THE NEWLY ADOPTED ZONING ORDINANCE," was adopted. 6-0: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7793 (CCS) entitled: itA 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-89-134/135),1I thereby setting a public hearing on for May 23, 1989, was adopted. 6-E: FINAL MAP 32929/TENANT-PARTICIPATING CONVERSION/535 OCEAN AVENUE: Resolution No. 7794(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 32929, n thereby approving Final Map 32929 for a 50 unit tenant-participating conversion TPC-070 at 535 Ocean Avenue, was adopted. 6-F: SALARY RATES/FLEET MAINTENANCE SUPERVISOR/RECYCLING CREW LEADER/TRAFFIC OPERATIONS SUPERVISOR: Resol ution No. 7795 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATON OF FLEET 4 April 25, 1989 16 MAINTENANCE SUPERVISORitl Resolution No. 7801(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF RECYCLING CREW LEADERi" and Resolution No. 7802(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF TRAFFIC OPERATIONS SUPERVISOR," were adopted. 6-G: PICO BOULEVARD RECONSTRUCTION/PICO BOULEVARD TO CENTINELA AVENUE: A recommendation to award Contract No. 5315 (CCS) to Sully-Miller Contracting Co., as the lowest responsible bidder, in the amount of $233,201 for reconstruction of pico Boulevard from 28th street to centinela Avenue, and authorizing the City Engineer to issue any change orders necessary to complete addi tional work to the extent of funds available in accordance with the Administrative Instruction on Change Orders was approved. 6-H: FIRE HYDRANTS: Bid No. 2213 was awarded to Long Beach Iron Works, Inc., at specified unit prices to furnish and deliver fire hydrants for the Water Division, General services Department. 6-1: LOCAL GOVERNMENT FINANCE AUTHORITY: Resolution No. 7796 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTEREST IN BORROWING MONIES FROM THE LOCAL GOVERNMENT FINANCE AUTHORITY,u was adopted. 6-J: POLICE DEPARTMENT PARTICIPATION/BOARD OF CORRECTIONS STANDARDS AND TRAINING PROGRAM: Resolution No. 7797 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SANTA MONICA POLICE DEPARTMENT TO ADHERE TO THE STATE BOARD OF CORRECTIONS STANDARDS FOR SELECTION AND TRAINING FOR CORRECTIONS PROGRAM, u thereby authorizing participation by the Police Department in the Standards and Training Program of the Board of Corrections was adopted. 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report transmitting a resolution and a public hearing on the assessment of costs to repair damaged sidewalks, driveways, and curbs, continued from April 11, 1989. At 9:35 p.m., Mayor Zane opened the public hearing. 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. 7798 (CCS) entitled: "A 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-89-128/129), It 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 7-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report transmitting a resolution and a public hearing on the 5 April 25, 1989 lO/ assessment of costs to repair damaged sidewalks, driveways and curbs. At 9:37 p.m., Mayor Zane opened the pUblic hearing. 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. 7799(CCS) entitled: "A 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-89-130/131), n reading by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: council vote: Unanimously approved 7-0 7-C: VACATION OF EXCESS RIGHT-OF-l'1AY PARCELS ALONG OCEAN PARK BOULEVARD: Presented was a staff report transmitting a resolution and public hearing to vacate three excess right-of-way parcels along Ocean Park Boulevard. At 9:40 p.m., Mayor Zane declared the public hearing opened. There being no one wishing to speak, Mayor Zane declared the public hearing closed. councilmember Reed moved to approve the staff recommendation, thereby adopting Resolution No. 7800 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE VACATION OF EXCESS STREET RIGHT-OF-WAY PARCELS LOCATED ALONG OCEAN PARK BOULEVARD," 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 At 9:41 p.m., Council recessed. At 9:50 p.m., Council reconvened with all members present. 8-A: ZONING DISTRICT MAP AMENDMENT/1448 24TH STREET: Presented was a staff report transmitting a public hearing and an ordinance for introduction and first reading approving Zone Change 33 which would amend the Zoning District Maps by reClassifying a parcel located at 1448 24th street from R3 to C4, continued from April 11, 19B9. At 10:03 p.m., Mayor Zane declared the public hearing opened. Joy FUllmer and Walter Schwartz addressed council regarding the proposed Zone change. There being no one else wishing to speak, Mayor Zane declared the public hearing closed. Discussion was held. Councilmember Genser moved to approve the staff recommendation, thereby intrOducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING ZONING DISTRICT AMENDMENT 33 WHICH AMENDS THE DISTRICTING MAP TO CHANGE THE ZONING OF A PROPERTY IN THE CITY OF SANTA MONICA}" reading by title only and waiving further reading thereof. Second by councilmemher Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6 April 25, 1989 .LOO 8-B: MUNICIPAL CODE AMENDMENTS/TRUCK ROUTES: Presented was a staff report transmitting an ordinance for introduction and first reading adding Section 3359 to the Santa Monica Municipal Code to codify with amendments provisions relating to truck routes contained in ordinance No. 709(CCS}. council asked questions of staff. At 10:30 p.m., Mayor Zane opened the public hearing. Joy Fullmer expressed her concerns regarding over-flow traffic from the proposed change of truck routes. Cathleen schwally and Jerry Greenwal t spoke in support of the proposed amendment. There being no one else wishing to speak, Mayor Zane declared the public hearing closed. Councilmember Katz moved to approve the staff recommendation, thereby introducing and ordinance for first reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3359 TO THE SANTA MONICA MUNICIPAL CODE TO CODIFY WITH AMENDMENTS PROVISIONS RELATING TO TRUCK ROUTES CONTAINED IN ORDINANCE NUMBER 709(CCS)tll reading by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Negative: Councilmember Jennings Councilmember Jennings requested the record to reflect that he is voting no because he does not believe that a notice of exemption is appropriate with respect to the requirements of the California Environmental Quality Act, and until the City has done an appropriate environmental assessment, that Council shouldn't be voting on this one way or the other. lO-A: SHARED HOUSING ACCOMMODATIONS: Presented was a Housing Commission recommendation to direct staff to develop a plan and identify resources to develop facilities which provide for shared housing accommodations. Ken Schonlau, Chairperson of the Santa Monica Housing Commission, addressed Council. councilmember Genser moved to direct staff to work with the Housing Commission in exploring the possibility of developing shared housing projects in Santa Monica. Second by Mayor Pro Tempore FinkeL Councilmember Reed moved to amend the motion that the direction to staff be that this shared housing concept be considered only the high density residential zonest or in the stories above the first floor in the commercial zones. Second by councilmember Katz. Discussion was held. councilmember Katz withdrew his second. The motion was then re-seconded by Councilmember Jennings. The amendment failed by the following vote: Council vote: Affirmative: Councilrnembers Jennings, Reed Negative: Councilmembers Abdo, Finkelt Genser, Katz, Mayor Zane 7 April 25t 1989 169 Mayor Zane requested the record to reflect that he does not believe that there are any substantial implications for the lower density residential areas, whatsoever, with respect to this program. The main motion was approved by the following vote: council vote: Affirmative: Councilmember Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed Councilmember Reed requested the record to reflect that she is voting no because the scope of the motion includes the lOW-density residential zones. II-A: ORDINANCE IMPLEMENTING PROGRAM 10 OF THE HOUSING ELEMENT: Presented was a recommendation to prepare an initial study on an ordinance implementing Program 10 of the Housing Element. Council asked questions of staff. Mayor Pro Tempore Finkel moved to extend the meeting to 12: 00 a. m. Second by Councilmember Reed. The motion was unanimously approved. Mayor Pro Tempore Finkel moved to continue the remainder of the Council agenda except for Items II-A, II-B and 14-M, until the meeting of May 2, 1989. Second by Councilmember Reed. The motion was unanimously approved. Council asked further questions of staff. Councilmember Genser moved to extend the meeting to 1: 00 a.m. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Katz opposed. At 11:56 p.m., Mayor Zane declared the public hearing opened. Suzanne Abrescia, Doris Ganga, Peter Berke, Leonard Abrescia, Bruce Cameron, and Jack Baptista spoke in support of the ordinance implementing Program 10. Joy Fullmer, Larry Kosmont, Joe Mogel, Barry Brickell, Sherman Stacey, Julie corriveau, Chris Harding, and Ed Simonian expressed concerns regarding the proposed ordinance. There being no one else wishing to speak, Mayor Zane declared the public hearing closed. At 12:27 a.m., Councilmember Katz left the meeting. Councilmember Genser moved to approve the staff recommendation, directing staff to prepare an initial study on the ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 4B TO ARTICLE IX OF THE SANTA MONICA 1-fVNICIPAL CODE IMPLEMENTING PROGRAM 10 OF THE HOUSING ELEMENT;" that the ordinance be returned to Council upon the preparation of a negative declaration or EIR, whichever is determined by the ini tial study to be appropriate; and that the miscellaneous technical comments supplied by Chris Harding in his letter of April 21, 1989, (Items 1 through 3 of Section H pages 27 and 28) be included. Second by Mayor Pro Tempore Finkel. Discussion was held. Councilmember Reed moved to amend the motion that the ordinance should provide for off-site replacement of housing in those cases where the developer can show to the satisfaction of the City, that the same developer has control of all the sites involved. Second by Councilmember Jennings. The amendment failed by the following vote: 8 April 25, 1989 1/U council vote: Affirmative: councilmembers Jennings, Reed Negative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: Councilmember Katz Mayor Pro Tempore Finkel requested the record to reflect that his primary reason for voting "no" is he has looked at the standards referred to in the main ordinance by Councilmember Reed, and he does not find any of the requirements for replacement units dealing with the location issue, or the quality and character of the residence issue, in so far as the section of the City is concerned, and therefore he thinks that there is a fundamental flaw. Councilmember Reed moved to amend the ordinance in whatever manner the City Attorney determines to be appropriate, to clearly state that the replacement obligation is no greater than the current zoning for the property where the demolition is taking place, except where one for one replacement will be the appropriate standard. Second by Councilmember Jennings. The amendment failed by the following vote: council vote: Affirmative: Councilmembers Jennings, Reed Negative: CouncilIDembers Abdo, Finkel, Genser, Mayor Zane Absent: Councilmember Katz councilmember Reed moved to amend the ordinance to incorporate the automatic right to replace on-site the exact number of units that are proposed to be demolished. Second by councilmember Jennings. Discussion was held. Councilmember Genser moved to extend the meeting to 1: 30 a.m. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Katz absent. The motion to amend the ordinance failed by the following vote: Council vote: Affirmative: Councilmembers Jennings, Reed Negative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: Councilmember Katz Councilmember Reed moved to amend the ordinance in all places, where relevant, to make no distinction between ownership or rental housing on the fulfillment of the replacement obligation. The motion died for lack of a second. councilmember Reed moved to amend the ordinance to exempt all Rent Control removal permit categories A, B, and C. Second by Councilmember Jennings. The motion failed by the following vote: 9 April 25, 1989 171 Council vote: Affirmative: councilmembers Jennings, Reed Negative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: Councilmember Katz Councilmember Reed moved to amend the ordinance to exempt all projects that are three units or less. Second by councilmember Jennings. Discussion was held. The motion failed by the following vote: council vote: Affirmative: councilmembers Jennings, Reed Negative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: Councilmember Katz Councilmember Reed moved to amend page 3, section i, by adding the phrase "in part because the City has reduced density city-wide and downzoned in some neighborhoods, II after the word "stock" in the first sentence of that paragraph. Second by Councilrnember Jennings. The motion failed by the following vote: council vote: Affirmative: Councilmembers Jennings, Reed Negative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: councilmember Katz The main motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Mayor Zane Negative: Councilmembers Jennings, Reed Absent: Councilmember Katz Councilmember Reed requested the record reflect that she is voting tlno" because she believes that this ordinance, as it is written, is confiscatory and she believes that it contravenes recent down-zoning policy actions of this and past City Councils. Il-B: INTERSTATE AND INTERNATIONAL TELECOMMUNICATIONS INCLUDED IN THE CITY'S UTILITY USERS I TAX BASE: Presented was staff report transmitting a recommendation to direct City Attorney to prepare an ordinance amending section 6621 (a) of Santa Monica Municipal Code to include interstate and international telecommunication services in the city's utility Users' Tax base. Member of the public, Duane Nightingale spoke in opposition to the staff recommendation. Discussion was held. Mayor Pro 10 April 25, 1989 _72 Tempore Finkel moved to approve the staff recommendation, thereby directing the City Attorney to prepare an ordinance amending section 6621 (a) of the Santa Monica Municipal Code to include interstate and international telecommunication services which originate within the City of Santa Monica or which are charged to Council vote: Affirmative: Councilmembers Abdo, FinkelJ Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz 11-C: CLOSED SESSION: Held later in the meeting. l2-A: PLANNING COMMISSION APPEAL/HOTEL DEVELOPMENT/2801 SANTA MONICA BOULEVARD: The appeal of Planning commission denial of a proposed four story, sixty-six room addition to the existing three story eighty-two room Comfort Inn located at 2801 santa Monica Boulevard, Applicant/Appellant: Doug Lowe for Charles Ting, was continued to May 2, 1989. 12-B: PLANNING COMMISSION APPEAL/CONDOMINIUM DEVELOPMENT/434 PIER AVENUE: The appeal of Planning Commission conditional approval of a proposed two storyj27, four unit condominium at 434 Pier Avenue, Applicant: Plutsky/Chapin Partnersi Appellant: Councilmember Herb Katz, was continued to May 2, 1989. 12-Ci PLANNING COMMISSION APPEAL/CONDOMINIUM DEVELOPMENT/I019 GRANT STREET: The appeal of Planning commission denial of a proposed five unit condominium at 1019 Grant street, Applicant: Bel Air Buildersi Appellant: Councilmembers Chris Reed and Herb Katz, was continued to May 2, 1989. 13-A: FREDD WAYNE/RECORDS REVIEW PROCEDURES: The request of Fredd Wayne to address Council regarding the repeal of Resolution No. 7675 (CCS), Section I, Records Review, continued from April 11, 1989, was continued to May 2, 1989. 14-A: RECREATION AND PARKS COMMISSION: The matter of the appointment of a member to the Recreation and Parks Commission, continued from April 18, 1989, was continued to May 2, 1989. 14-B: SENATE BILL 103/AUTOMOBILE INSURANCE POLICIES: The request of Mayor Zane to discuss support of SB 103 (Robbins) in regard to the non-renewal of automobile insurance policies by insurers, continued from April 18, 1989, was continued to May 2, 1989. 14-C: ARCHTECTURAL REVIEW BOARD: The matter of the appointment of a member to Architectural Review Board was continued to May 2, 1989. 14-D: ARTS COMMISSION/PETER BROSIUS: The matter of the acceptance of a letter of resignation from Peter C. Brosius from the Arts Commission and authorization to the City Clerk to 11 April 25, 1989 173 publish a notice of vacancy with the annual appointments in June was continued to May 2, 1989. 14-E: LEASE SALE 95/PETROLEUM EXPLORATION: The request of Councilmember Reed to discuss the distribution of information to the public regarding Lease Sale 95 (petroleum exploration) was continued to May 2, 1989. 14-F: PEDESTRIAN MEASURES ON 4TH STREET: The request of Mayor Zane to discuss pedestrian measures on Fourth Street between Colorado Avenue and wilshire Boulevard was continued to May 2, 1989. 14-G: BUDGET CONSIDERATIONS: The request of Councilmember Jennings to discuss direction to staff to include in the 1989-90 fiscal year budget considerations, the recommendations made in City Attorney's memorandum of January 26, 1989, was continued to May 2, 1989. 14-H: AQUARIUM PROJECT: The request of Councilmember Jennings to discuss the status of aquarium project was continued to May 2, 1989. 14-1: MONTEREY CALIFORNIA LEAGUE OF CITIES CONFERENCE: The request of Mayor Pro Tempore Finkel to report to the Council on the April 13, 1989, Monterey California League of cities conference panels on Arts and Cable TV was continued to May 2, 1989. 14-J: POLICY 4.3.1/LAND USE AND CIRCULATION ELEMENT: The request of Mayor Zane to discuss the definition of "significant adverse impacts" and "overriding considerations" in implementing policy 4.3.1 of the Land Use and Circulation Element was continued to May 2, 1989. 14-K: ASSEMBLY BILL 1000/WATER QUALITY/OCEAN RESOURCES: The request of Mayor Zane to discuss support for AB 1000 (Hayden, Bates, Eastin, Hauser, and Speier), regarding water quality: ocean resources was continued to May 2, 1989. 14-L: MAYOR'S TRAVEL FUNDS/SECOND STATEWIDE OCEAN POLLUTION CONFERENCE: The request of Mayor Zane to discuss request for approval to expend Mayor's travel funds to attend the Second Statewide Ocean Pollution Conference at the Marin Headlands on May 12 and 13, 1989, was continued to May 2, 1989. 14-M: ADVERSE EFFECTS OF DEVELOPMENT: Presented was the request of Councilmember Abdo to discuss the consideration of options, including preparation of an ordinance to address the adverse effects of development. Councilmember Abdo initiated discussion on this matter. The item was continued to May 2, 1989. 12 April 25, 1989 174 15. PUBLIC INPUT violet Vincent addressed Council regarding noisy model helicopters in stewart Parkl and the threat posed to the health of neighbors in the surrounding neighborhood. ll-C: CLOSED SESSION: Presented was the request for Closed Session for the purpose of considering personnel matters I threatened litigation, and litigation to be commenced by the Ci ty. At 1: 45 Council adj ourned to Closed Session to consider the following cases: Wesley v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 090 279. At 1:55 a.m.1 Council reconvened. Mayor Zane announced that no action was taken in Closed Session. ADJOURNMENT: At 1:56 a.m.1 Council adjourned to May 2, 1989 at 7: 30 p.m. I in memory of Abbie Hoffman and the seamen who lost their lives in the explosion aboard the U.S.S. Iowa. ATTEST: APPROVED: ~?~ Clarice E. Johnsen City Clerk p~ Ilo~--~- Dennis Zane V Mayor 13 April 251 1989