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M-3/28/1989 lLo CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 28, 1989 A meeting of the santa Monica City Council was called to order by Mayor Zane at 7:00 p.m., on Tuesday, March 28, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel councilmember Judy Abdo councilmember Ken Genser councilmember William H. Jennings (arrived during Closed Session) councilmember Herbert Katz (arrived during Closed Session) councilmember Christine E. Reed Also Present: city Manager John Jalili City Attorney Robert M. Myers city Clerk Clarice E. Johnsen CLOSED SESSION: At 7:01 p.m., council adjourned to Closed Session for the purpose of considering personnel matters, and the following list of pending litigation: city of Santa Monica v. Shell oil Co., et al., Los Angeles superior Court Case No. C 714 602; City of Santa Monica v. County of Los Angeles, Los Angeles Superior Court Case No. C 614 380; Mashian, et a1. v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 126 827; Claim of Debra Tenney, Claim No. CSM 88-5-285; Nadjmadi v. City of Santa Monica, Santa Monica Superior Court Case No. WEe 081 867; Shoemaker v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 097 943. At 7:40 p.m., Council reconvened with all members present. No action was announced from Closed session. Councilmember Genser led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 4-A: COMM,ENDATION/SANTA MONICA HIGH PEACE CLUB: Mayor Zane presented a commendation on behalf of the City council to members of the Santa Monica High School Peace Club, in recognition of the club's commitment to peace and social justice. 4-B: COMMENDATION/R~CREATION AND PARKS DEPARTMENT EMPLOYEE: Mayor Zane presented a commendation on behalf of the City Council to Virgil Angel, an employee of the Cultural and Recreation Services Department for his immediate and confident response with CPR to save a manls life at Lincoln Park. 1 March 28, 1989 129 4-C: COMMENDATION/FAE MILES: Mayor Zane presented a commendation on behalf of the City Council to Citizen Fae Miles in recognition of her community activism in support of senior citizens issues, and for her ability and stamina to convince the City to make improvements for the benefit of all who live in Santa Monica. 4-D: PROCLAMATION/CALIFORNIA ARCHITECTURE WEEK: Mayor Zane presented a proclamation on behalf of the city council to representatives of the Los Angeles Chapter/American Institute of Architects, Margo Hebald-Heyman, Barry Gittelson, and Martin Gelber, designating the Week of April 9 through April 15, 1989, as California Architecture Week in the City of Santa Monica 4-E: PROCLAMATION/EARTHQUAKE PREPAREDNESS MONTH: Mayor Zane read a proclamation on behalf of the City Council declaring the month of April, 1989, to be "Earthquake Preparedness Monthl1 in the city of Santa Monica. 5-A: SECURITY AT SANTA MONICA WEST MENTAL HEALTH SERVICE: Presented was the request of Mayor Pro Tempore Finkel, continued from March 7, 1989, to discuss methods to provide greater and safer care for employees, staff and patients at Santa Monica West Mental Health Service located at 1525 Euclid street, and to request that council send condolences to the family of Robbyn panitch, psychiatric social worker, who was slain there. Mayor Pro Tempore Finkel initiated discussion and moved to direct staff to follow up on this issue by determining what further action the city could take to maximize the care and safety of mental health professionals who perform this type of work in Santa Monica, and to return to the Council with any recommendations that staff may consider appropriate. Among the items to be considered are the following: 1) the adequacy of the wireless security system installed by the County at the Santa Monica West Mental Health Service facilities; 2) comments made by the County Council to the County Board of Supervisors regarding the Bronzan Act, which prohibits law enforcement officers from taking mental health patients to jail in the absence of a locked, secured, mental health facility; and 3) the appropriateness of the City to lobby the County to seek a change in legislation, with respect to the Bronzan Act. Included in the motion, was a request that the Mayor send the Council's condolences to Robbyn Panitch's family. Second by Councilmember Abdo. The motion was unanimously approved. 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 with the exception of Item 6-G, reading by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: council vote: Affirmative: Unanimously approved 7-0 2 March 28, 1989 30 6-A: MINUTES APPROVAL: The City council minutes of February 28, and March 7, 1989, were approved as presented. 6-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7779 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-89-130j131) ," was adopted, thereby setting a pUblic hearing for April 25, 1989, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. 6-C: FINAL MAP 20021/TENANT-PARTICIPATING CONVERSION/909 19TH STREET: Resolution No. 7780(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 20021," was adopted, thereby approving Final Map 20021 for a 4 unit tenant-participating conversion TPC-067 at 909 19th Street. 6-D: FINAL MAP 36792/TENANT-PARTICIPATING CONVERSION/210l WASHINGTON AVENUE: Resolution No. 7781(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 36792," was adopted, thereby approving Final Map 36792 for a 6 unit tenant-participating conversion TPC-055 at 2101 Washington Avenue. 6-E: FINAL MAP 45886/CONDOMINIUM PROJECT/I044 5TH STREET: Resolution No. 7782 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 45886,11 was adopted, thereby approving Final Tract Map 45886 for 6-unit condominium at 1044 5th Street. 6-F: SALARY RATE/CLASSIFICATION SPECIFICATION/TELECOMMUNICATIONS ANALYST: Resolution No. 7783 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF TELECOMMUNICATIONS ANALYST," and approving the classification specifications was adopted. 6-H: FIRE TRUCK/LEASE PURCHASE AGREEMENT: Resolution No. 7785 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING LEASE AGREEMENT AND SIGNATORIES," was adopted, thereby authorizing the City Manager to execute Contract No. 5294(CCS), a lease-purchase agreement with Municipal Leasing Associates, Inc., for a 1500 GPM Triple Combination Pumper Fire Truck. 6-I: STENCIL-TYPE TRUCK/GENERAL SERVICES DEPARTMENT: Bid No. 2211 was awarded to Bauer Coatings in the total amount of $30,638.27, from account number 01-500-416-000-806, for the purchase of a stencil-type truck for the Traffic Operations Division of the General Services Department. 3 March 28, 1989 131 6-J: BRAKE DRUMS/TRANSPORTATION DEPARTMENT: Bid No. 2212 was awarded to Flxible Corporation at specified unit prices plus appl icable sales tax, for the purchase of brake drums for the Transportation Department. 6-K: CORROSION PROTECTION SYSTEM/TRANSPORTATION YARDS: A recommendation to award Contract No. 5289(CCS) to California Electrical Services, as the lowest and best bidder, in the amount of $38,000, for the installation of a corrosion protection system at Transportation Yards, and to authorize the City Engineer to issue any change orders necessary to complete additional work to the extent of funds available in accordance with the Administrative Instruction on Change Orders was approved. END OF CONSENT CALENDAR 6-G: CONCESSIONS OPERATOR/CIVIC AUDITORIUM: Presented was a resolution amending Resolution No. 3579(CCS) to allow the civic Auditorium to seek an outside company to operate concessions. Council asked questions of staff. Councilmember Reed moved to approve the staff recommendation, and adopt Resolution No. 7784 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION 3579(CCS) TO ALLOW CITY STAFF TO SEEK AN OUTSIDE COMPANY TO OPERATE CONCESSIONS AT THE SANTA MONICA CIVIC AUDITORIUM,I1 reading by title only and waiving further reading thereof. Second by Councilmember Katz. During discussion, the motion was expanded to include direction to staff to return with analysis regarding who should be employed by the concessionaire, and the City'S ability to choose who the concessionaire hires. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and a public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs. Mayor Zane opened the public hearing at 8:15 p.m. There being no one wishing to speak, Mayor Zane closed the public hearing. Councilmember Katz moved to approve the staff recommendation and adopt Resolution No. 7786 (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-l26/l27) ," 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: WEED ABATEMENT/APPLE SERVICES, INC.: Presented was a staff report and a public hearing on the intention to abate weeds and rubbish and to award a weed abatement contract to Apple Services, Inc., in the amount of $ 31,950. Councilmember Genser stepped down from the dais during discussion and vote on this item, due 4 March 28, 1989 132 to a possible conflict of interest. Council asked questions of staff. Mayor Zane declared the public hearing opened at 8: 20 p.m. Clyde Tippit addressed Council in protest to the assessment for weed abatement on her property. There being no one else wishing to speak, Mayor Zane closed the pUblic hearing at 8:25 p . m. Councilmember Reed moved to direct one of the landscape employees from the Cultural and Recreation services Department verify that the property at 702 Strand street is in fact an organic garden, and to authorize staff to remove, at their discretion, Ms . Tippit's property from the list of assessed properties, if staff determines that it is a garden and not weeds; to approve the staff recommendation thereby acknowledging any protests and awarding the weed and rubbish abatement Contract No. 5290(CCS} to Apple Services, Inc., in the amount of $31,950; and authorizing the City Engineer to negotiate and authorize any necessary change orders to complete additional work in accordance wi th the Ci ty' s Administrative Instructions. Second by Cauncilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Genser Councilmember Genser returned to the dais. Councilmember Katz moved to modify the meeting's agenda to hear Item l3-B at this time. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. 13-B: SANTA MONICA-MALIBU EDUCATION FOUNDATION/FUND-RAISING AT SANTA MONICA PLACE: Presented was the request of Timi Anyon Hallem of the Santa Monica-Malibu Education Foundation to address Council regarding the city donating to the Santa Monica-Malibu Education Foundation the City's share of sales tax levied at Santa Monica Place during the Foundation's fund-raising event on April 1, 1989. Councilmember Katz moved to hear from members of the public wishing to speak on this matter~ Second by Mayor Pro Tempore Finkel. The motion was unanimouslY approved. Members of the public Tom Gilmore and Randi Johnson spoke in support of the Foundation's request. Mayor Pro Tempore Finkel moved that the City donate to the Santa Monica-Malibu Education Foundation the Ci ty' s share of the sales tax levied at Santa Monica Place on April 1, 1989. Second by Councilmember Abdo. During discussion, Council stressed that this was not a precedent setting action, but rather, a way of fostering the goal of support for the schools. Councilmember Reed moved to amend the motion to include a request of the Education Foundation that the City receive some appropriate billing or recognition that the sales taxes collected during this event are being contributed by the City to the Foundation, and that the City should be considered a cosponsor of the event. The amendment was accepted as friendly by the maker 5 March 28, 1989 133 and second of the motion. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 a-A: PREFERENTIAL PARKING ZONE 0: Presented was a staff report transmitting an ordinance for introduction and first reading adding Section 32380 to the Santa Monica Municipal Code to establish Preferential parking Zone 0 on 22nd street between wilshire Boulevard and California Avenue. Councilmember Jennings stepped down from the dais during discussion and vote on this item due to a possible conflict of interest. Mayor Zane opened the public hearing at 8:44 p.m. Gloria Fitzgerald and Fred Fitzgerald spoke in opposition to the establishment of the proposed preferential parking district. Lars Ingvarson and Elisa Calvillo spoke in support of the establishment of the preferential parking district. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 8:55 p.m. Discussion was held. Councilmember Genser moved to approve the staff recommendation, thereby introducing an ordinance for first reading entitled: !tAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 32380 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE 0," reading by title only and waiving further reading thereof. Second by Mayor Por Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane Negative: councilmember Katz Absent: Councilmember Jennings councilmember Katz requested the record to reflect that his reason for voting "no" is that he feels that preferential parking is not a solution, but a "band-aid" approach. He feels that Council is headed toward making the whole city preferential parking. He does not think that it is good planning. He feels that preferential parking is difficult on the residents and their guests, and he cannot support it. Councilmember Jennings returned to the dais. 8-B: PREFERENTIAL PARKING ZONE P: Presented was a staff report transmitting an ordinance for introduction and first reading adding section 3238P to the Santa Monica Municipal Code to establish Preferential Parking Zone P on the Barnard Way frontage road. Mayor Zane declared the public hearing opened at 9:04 p.m. Elise Castleberry and Eleanor Mueller spoke in support of allowing all tenants of the Barnard Villas to purchase visitor parking permits directly from the city, to allow visitors and guests to park in the permit parking zone adjacent to the property. There being no one else wishing to speak, Mayor Zane 6 March 28, 1989 134 declared the public hearing closed at 9: 07 p. m. council asked questions of staff. councilmember Reed moved to defer action on this ordinance; direct the City Attorney to amend the enabling ordinance to include the provision for a "Guest only" permit zone, when the zone is configured in such a way as to serve a single building; to direct staff to advise the residents of the Barnard villas of the administrative problems that Council has encountered, so that the residents may understand why they have to wait a little longer for the permit zone; and to direct staff to obtain an approximate count of the number of people interested in purchasing such permits. Second by Councilmember Katz. Discussion was held. Councilmember Genser moved a substitute motion to approve the staff recommendation thereby introducing an ordinance for first reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238P TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE P," reading by title only and waiving further reading thereof; and to incorporate Councilmember Reed's motion regarding amending the the enabling ordinance to establish the provision for a "Guest Only" permit zone. Second by councilmember Abdo. During discusion, Councilmember Genser expanded his substitute motion to include an amendment to the ordinance establishing a tiered fee structure per unit of $15 for the first permit and $100 for each additional permit. The substitute motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Negative: Councilmember Katz council adjourned for a short recess at 9:40 p.m. reconvened at 9:55 p.m. Council 8-C: PREFERENTIAL PARKING ZONE H: Presented was a staff report transmitting an ordinance for adoption and second reading amending Section 323 8H of the Santa Monica Municipal Code to enlarge Preferential Parking Zone H to include 30th Street between Pearl Street and Ocean Park Boulevard, introduced February 28, 1989. Councilmember Genser moved to hear from members of the public who requested to speak on this matter. Second by Councilmember Katz. The motion, requiring a two thirds vote of Council failed, Reed, Jennings, and Finkel voted II no . II councilmember Reed moved to approve the staff recommendation, thereby adopting Ordinance No. 1469(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3238H TO THE SANTA MONICA MUNICIPAL CODE TO ENLARGE PREFERENTIAL PARKING ZONE H," 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, Jennings, Reed, Mayor Zane 7 March 28, 1989 135 Negative: Councilmember Katz Councilmember Katz requested that the record reflect his previously stated reasons for voting "no" (See Item 8-A). 8-D: PREFERENTIAL PARKING ZONE M: Presented was a staff report transmitting an ordinance for adoption and second reading adding section 3238M to the Santa Monica Municipal Code to establish Preferential Parking Zone M in the area bounded by Third street, Strand Street, Neilson way, and Pico Boulevard, and including Third Street between Pico Boulevard and Strand street, Bay Street between Neilson Way and Third street, Bicknell Avenue between Neilson Way and Third street, and Pacific street between Main street and Third street, introduced February 28, 1989. council member Reed moved to approve the staff recommendation, thereby adopting Ordinance No. 1470(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238M TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE M," 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, Jennings, Reed, Mayor Zane Negative: councilmember Katz 8-E: RESTAURANT ON MAIN STREET: Presented was an ordinance for adoption and second reading amending Municipal Code section 9023.7 to allow a fifth restaurant on Block 6 of Main Street and to prohibit new restaurants on Main street, introduced March 7, 1989. Councilmember Katz moved to hear from members of the public who wish to speak on this item. Second by Councilmember Genser. The motion requiring a two thirds vote of Council failed, Councilmembers Reed, Jennings, and Finkel voted "no." Councilmember Reed moved to approve the staff recommendation, thereby adopting Ordinance No. 1471(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9323.7 TO ALLOW A FIFTH RESTAURANT ON BLOCK 6 OF MAIN STREET AND TO PROHIBIT NEW RESTAURANTS ON MAIN STREET," reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Katz, Reed, Mayor Zane Jennings, Negative: Councilmembers Abdo, Genser Councilmember Genser requested the record to reflect that his "no" vote on this ordinance is because he feels that it is inappropriate to amend the Main street Plan in this way, at this time. Councilmember Abdo requested that the record reflect that she is voting no for the same reason. 8 March 28, 1989 lJb 8-F: PERMITTED USES IN THE MAIN STREET SPECIAL COMMERCIAL DISTRICT/SEATING IN ICE CREAM AND YOGURT SHOPS: Presented was a staff report transmitting an ordinance for adoption and second reading amending Municipal Code section 9023.2 relating to permitted uses in the CM Main street Special Commercial District, introduced March 7, 1989. council asked questions of staff. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby adopting Ordinance No. 1472(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9023.2 RELATING TO PERMITTED USES IN THE eM MAIN STREET SPECIAL COMMERCIAL DISTRICT," 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 II-A: PLANNING SERVICES/EIR PREPARATION/CITY REDISTRICTING PROJECT: Presented was a staff report recommending that the city Manager be authorized to negotiate and excecute contract with Cotton/Beland Associates to provide planning services in conjunction with the city redistricting project, and the preparation of an EIR. Council asked questions of staff. Mayor Zane declared the public hearing opened at 10: 52 p. m. Joy Fullmer expressed her concerns regarding the need for low income housing. Peter Berke, CoCo Reynolds, Frances Troy, Suzanne Abrescia, Leonard Abrescia, s. P. Miller, Allen Zahner, and Betty Bunnell spoke in support of a development moratorium and down-zoning for their North of Wilshire neighborhood. Jack Baptista expressed his concerns regarding the Mid-cities neighborhood, and opposed the selection of Cotton/Beland Associates as planning consultants. Carl Lambert spoke in support of zoning that would encourage housing to be recycled. Mayor Zane declared the pUblic hearing closed at 11:30 p.m. Councilmember Katz moved to approve the staff recommendation, thereby authorizing the city Manager to negotiate and execute Contract No. 5291(CCS) with Cotton/Beland Associates to provide planning services and the preparation of an EIR in the amount of $65,000 to assist with the Citywide redistricting project; and to authorize an additional $25,000 to include, as part of the analysis, the possibility of downzoning the area north of Wilshire Boulevard between Ocean Avenue and 14th street. Second by Councilmember Reed. Discussion was held. Councilmember Katz moved to extend the meeting to 12: 30 a, m, Second by Councilmember Finkel. The motion was approved. Councilmember Genser moved to amend the motion to include directing the consultants to investigate the appropriateness of rezoning portions of the C5 Zone for housing use; and to establish standards in the C5 Zone for encouraging or requiring mixed-use projects within the zone. The amendment was accepted 9 March 28, 1989 137 as friendly by the maker and second of the original motion. The motion, as amended, was approved by the following vote: council vote: Unanimously approved 7-0 Mayor Pro Tempore Finkel moved to agendize for the Council meeting of April 11, 1989, a discussion of options for protecting the north of Wilshire neighborhood pending the outcome of the down-zoning study. Second by Councilmember Abdo. During discussion, the motion was withdrawn by the maker. councilmember Reed left the meeting at 11:53 p.m., and Council adjourned for a short recess. Council reconvened at 12:02 a.m., with all members present except Councilmember Reed. Il-B: DEVELOPMENT OF MADISON SCHOOL SITE: Presented was a staff report transmitting a recommendation to the authorize City Manager to negotiate an agreement with Santa Monica-Malibu School district to obtain site control of Madison School for the purposes of development a 2.25 acre park, a 7500 square foot child care facility, and 75 units of rental housing for low and moderate income families, Council asked questions of staff. Members of the public Joy Fullmer, patricia Hoffman, Sylvia Schniad, Jack Baptista, Paul Rosenstein, Suzanne Abrescia, and Peter Berke spoke in support of option Number 3 of the staff report dated March 28, 1989. Ed Simonian spoke in opposition to the development of low income housing on the site. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby authorizing the city Manager to negotiate Contract No. 5292(CCS) to secure site control of Madison School for the purposes of developing a 2.25 acre park, a 7,500 square foot child care facility, and at least 75 units of Multi-family rental housing for low and moderate income families, and to return to Council in 60 days with the proposed terms of that agreement for consideration. Second by councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: Councilmember Reed 11-C: MAIN STREET PARKING STRUCTURE WITH RENTAL HOUSING: A recommendation regarding the development of a 460 space parking garage and 49 units of rental housing on City-owned Parking Lot 9 located on Neilson Way between Hill and Kinney Streets was continued to the Council meeting of April 4, 1989. 11-D: CLOSED SESSION: Held later in the meeting. 12-A: DEVELOPMENT REVIEW 457/HOTEL DEVELOPMENT/3007 SANTA MONICA BLVD.: An appeal of Planning Commission approval of Development Review 457, ZA 5377-Y, EIA 876, 3007 Santa Monica Boulevard, for four story, 31,575 sq. ft., 68 room hotel with three rent 10 March 28, 1989 138 controlled replacement units and a total of 55 parking spaces. Applicant: Douglas Barnard, Inc. Appellant: David S. Wyle for the Friends of Stanford Street committee, Mid-city Neighbors, was continued the April 11, 1989. 12-B: DEVELOPMENT REVIEW 441jOFFICE DEVELOPMENT/1919 SANTA MONICA BLVD.: An appeal of Planning Commission approval of Development Review 441, Variance 88-016, EIA 970, 1919 Santa Monica Boulevard to construct a four-story, 46/832 square- foot office building with 158 parking spaces provided on-grade and within a two-level subterranean parking garage in the C4 zone. Applicant 1919 Associates; Appellants councilmember Ken Genser and 1919 Associates; was continued to April 4, 1989. 13-A: BETTY KERNS/GRAFFITI: Presented was the request of Betty Kerns to address Council regarding graffiti. Ms. Kerns addressed Council regarding the increase in graffiti in the City, proposed solutions, and requested a permit to allow her to obliterate graffiti throughout the City. During discussion, council requested that staff schedule a study session regarding actions the city can take; proposed programs; the reasons for the graffiti; and to invite students from the continuation High School who are involved in the graffiti project to address Council during the study session. Councilmember Ganser moved to extend the meeting to 1: 00 a.m. Second by Mayor Pro Tempore Finkel. The motion was approved. 14-A: ARCHITECTURAL REVIEW BOARD/BARRY ATWOOD: Presented was the request of Councilmember Katz to appoint a replacement for Barry Atwood, a member of the Architectural Review Board, and authorize City Clerk to publish notice of vacancy. Councilmember Ktaz moved to exercise the Council's right to remove Mr. Atwood from the Architectural Review Board, in the absence of a letter of resignation. Second by Mayor Zane. The motion unanimously approved, Councilmember Reed absent. counci1member Katz moved to authorize the City Clerk to publish a notice of vacancy. Second by Mayor Zane. The motion was unanimously approved, Councilmember Reed absent. Councilmembers Katz and Jennings were excused from the meeting at 12:50 a.m. 14-B: CITY MEMBERSHIP IN THE LOCAL GOVERNMENT COMMISSION: Presented was the request of Mayor Zane to discuss membership in Local Government commission, Inc. Mayor Zane moved to authorize a City membership, for the City of Santa Monica in the Local Government Commission, at a cost of $500, rather than individual memberships for Councilmembers. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Mayor Zane 11 March 28, 1989 13Y Absent: Councilmembers Jennings, Katz, Reed 14-C: SUPPORT FOR SB 129/METRO RAIL PROJEC~: Presented was the request of Mayor Zane to discuss support for SB 129 (Beverly) to permit the issuance of additional bonds for the Metro Rail project. Mayor Zane initiated discussion and moved to authorize the Council's support of this legislation. Second by Councilmember ADdo. Discussion was held. The motion was unanimously approved, Councilmembers Jennings, Katz, and Reed absent. 14-D: SUPPORT FOR AB 328/HEALTH CARE: Presented was the request of Mayor Pro Tempore Finkel to discuss support of AB 328 (Margolin) to ~mprove health care delivery in california. councilmember Finkel initiated discussion and moved to authorize the Council's support of AB 328; to direct the City's lobbyist to pursue the successful evolution of AB 328 in Sacramento; and to instruct the Mayor to write the appropriate Assembly Committee members expressing Santa Monica's support for the AB 328. Second by Councilmember Genser. The motion was unanimously approved, councilmembers Jennings, Katz, and Reed absent. Staff was further directed to solicit the involvement of local health care providers. l4-E: AB 325/WATER CONSERVATION IN LANDSCAPING: Presented was the request of Councilmember Reed to discuss endorsement of AB 325 (Clute) , concerning proposed legislation on water conservation in landscaping. Mayor Zane moved to authorize the Council t s support of AB 325. Second by Councilmember Genser. The motion was unanimously approved, councilmember Jennings, Katz, and Reed absent. 14-F: NOISE IN DOWNTOWN MIXED-USE NEIGHBORHOODS: Presented was the request of Councilmernber Genser to discuss problems with night time noise in downtown mixed-use neighborhoods. Councilmember Genser deferred to Gary Neville who addressed Council regarding downtown noise. Councilmernber Genser moved to continue this item as a "5" Item for the council meeting of April 25, 1989, to allow staff the opportunity investigate the matter. Second by Mayor Zane. The motion to continue was unanimously approved, Councilmembers Jennings, Ratz, and Reed absent. 14-G: COUNCIL OFFICE DOOR: Presented was the request of Mayor Pro Tempore Finkel to discuss installation of security precautions in the Council office. Mayor Pro Tempore Finkel initiated discussion and moved to authorize the installation of dutch-doors in the Council office so that the bottom half can be closed and locked, with a small counter on top, while the top half remains open. Second by Councilmember Abdo. The motion was unanimously approved, Councilmembers Jennings, Katz, and Reed absent. l4-H: COUNCIL TRAVEL FUNDS: Presented was the request of Councilmember Genser to discuss use of travel funds to attend the 12 March 28, 1989 140 Making Cities Livable Conference in charleston, South Carolina, from October 24 to October 28, 1989. Mayor Pro Tempore Finkel moved to approve the expenditure of Council travel funds by Councilmember Genser for this purpose. Second by Councilmember Abdo. The motion was unanimously approved, Councilmembers Jennings, Katz, and Reed absent. 15. PUBLIC INPUT: John Jurenka addressed Council regarding death threats against the author of an article regarding Rent Control in a recent edition of Forbes Magazine. No action was taken by Council 11-0: CLOSED SESSION: Mayor Pro Tempore Finkel moved to approve settlements in the following cases: Mashian, et al v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 126 827, in the amount of $19,500; Claim of Debra Tenney, Claim No. CSM 88-5-285, in the amount of $50,000: Nadjmabadi v. City of Santa Monica, Santa Monica superior court Case No. WEC 081 867, in the amount of $90,000: and Shoemaker v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 097 943, in the amount of $685,891.03. Second by councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: Councilmembers Jennings, Katz, Reed ADJOURNMENT: The City Council meeting was adjourned at 1:17 a.m. ATTEST: APPROVED: ~~~~ D.., ') ~ Clarice E. Johnsen City Clerk Dennis Zane Mayor 13 March 28, 1989