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M-2/28/1989 109 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 28, 1989 A regular meeting of the Santa Monica City council was called to order by Mayor Zane at 7:10 p.m., on Tuesday, February 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 Councilmember Herbert Katz Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen CLOSED SESSION: At 7:10 p.m. Council adjourned to Closed Session for the purpose of considering personnel matters and the fOllowing litigation: Claim of Debra Tenny, Claim No. CSM 88-5-285; and City of Santa Monica v. Shell oil Company, et al., Los Angeles Superior Court Case No. C 714 602. At 7: 36 p.m., Council reconvened with all members present. No action was announced from Closed Session. councilmemher Abdo led the assemblage in the Pledge of Allegiance to the Flage of the United states of America. Mayor Pro Tempore Finkel moved to advance Item lO-A to the head of the agenda. Second by Councilmember Genser. The motion was unanimoUSly approved. 10-A: COMMISSION ON OLDER AMERICANS/OPPOSITION TO MEDICARE CATASTROPHIC COVERAGE ACT: Presented was a recommendation to approve the Commission on Older Americans letter of opposition to the Medicare Catastrophic Coverage Act. Leonard Gross, Chairperson of the commission on Older Americans, addressed Council regarding improving the quality of life for all senior citizens in Santa Monica, and urged all Santa Monicans to help locate the frail, isolated, elderly in order to administer to their needs. Mr. Gross requested, on behalf of the Commission on Older Americans, that the Commission be granted permission to take positions on various pending or completed legislation, and to correspond those positions to the appropriate legislators without first obtaining individual approval of the City council; noting that the Commission will only take pesi tiens on matters directly impacting senior citizens. Mr. Gross also requested Council's authorization to communicate with appropriate officials 1 February 28, 1989 110 as issues regarding the Medicare Catastrophic Coverage Act arise in the future; specifically, permission to ask the lOlst Congress to withhold implementation of this act to allow further study of the provisions, its financial funding, and the impacts on the interests of senior Americans. council asked questions of staff. Mayor Pro Tempore Finkel moved that the City Council authorize the commission on Older Americans to communicate with elected representatives in Congress and executives of the American Association of Retired Persons on the specifics of the Medicare Catastrophic Coverage Act, as well as future Medicare amendments which may be proposed. Second by Councilmember Katz. Discussion was held. The motion was unanimously approved. CITY COUNCIL, REDEVELOPMENT AGENCY, PARKING AUTHORITY AND HOUSING AUTHORITY SPECIAL JOINT MEETING: At 7: 50 p.m., Mayor Zane convened a special joint meeting of the City council, Redevelopment Agency, Parking Authority, and Housing Authority. REDEVELOPMENT AGENCY Roll Call: Present: Chairperson Dennis Zane Chairperson Pro Tempore David B. Finkel Agency Member Judy Abdo Agency Member Ken Genser Agency Member William H. Jennings Agency Member Herbert Katz Agency Member Christine E. Reed Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Clarice E. Johnsen PARKING AUTHORITY Roll Call: Present: Chairperson Dennis Zane Chairperson Pro Tempore David B. Finkel Authority Member Judy Abdo Authority Member Ken Genser Authority Member William H. Jennings Authority Member Herber Katz Authority Member Christine E. Reed Also Present: Executive secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen HOUSING AUTHORITY Roll Call: Present: Chairperson Dennis Zane Vice Chairperson David B. Finkel Commissioner Judy Abdo Commissioner Ken Genser Commissioner William H. Jennings commissioner Herbert Katz Commissioner Christine E. Reed 2 February 28, 1989 III Also Present: Executive Director John Jalili Authority Attorney Robert M. Myers Authority Secretary Clarice E. Johnsen RA-1: REDEVELOPMENT AGENCY MINUTES APPROVAL: The Redevelopment Agency minutes of January 10, 1989, were presented for approval. Chairperson Pro Tempore Finkel moved to approve the minutes as presented. Second by Agency Member Genser. The motion was unanimously approved. PA-I: PARKING AUTHORITY MINUTES APPROVAL: The Parking Authority minutes of April 26, and June 21, 1988, were presented for approval. Authority Members Abdo and Genser abstained from voting on this item. Authority Member Reed moved to approve the minutes as present. Second by Chairperson Pro Tempore Finkel. The motion was approved, Authority Members Abdo and Genser abstained. CC/PA-2: SENIOR HOUSING PROJECT/PARKING LOT 4: Presented was a staff report transmitting a recommendation to adopt resolutions approving in concept the development of a senior housing project on Fourth Street parking lot, Lot 4, and authorize staff to prepare and issue a Request for statement of Qualifications to select a project development team. Authority/Council asked questions of staff. Members of the public Joy Fullmer and Peter Berke each expressed their concerns regarding this development. Authority Member Katz moved to hear from a member of the public who submitted a request to speak after the item had been called. Second by Authori ty Member Genser. The motion was approved. Member of the public Betty Bunnele expressed her concerns regarding the impact of the project on the adjacent neighborhood. Discussion was held. Chairperson Pro Tempore/Mayor Pro Tempore Finkel moved on behalf of the Parking Authority to approve the staff recommendation to adopt Resolution No. 206(PAS) entitled: t1RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT OF SIXTY-SEVEN UNITS OF AFFORDABLE SENIOR HOUSING UTILIZING THE AIR-RIGHTS OVER PARKING LOT FOUR," and on behalf of the city Council to adopt Resolution No. 7767 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT OF SIXTY SEVEN UNITS OF AFFORDABLE SENIOR HOUSING UTILIZING THE AIR-RIGHTS OVER PARKING LOT FOUR,II reading resolutions by title only and waiving further reading thereof. Second by Authority/Councilmember Abdo. After further discussion, Authority/Councilmember Katz moved to amend the motion to have this item brought back after the feasibility study has been thoroughly done, prior to acceptance of the funding, so that the Parking Authority/City Council and the neighborhoods know what the city is doing in regard to parking and construction problems. The motion was not accepted as friendly by the maker and second of the main motion. Authority/Councilmember Katz moved a substitute motion to approve the original staff recommendation with the condition that this item be brought back for final approval prior to acceptance of funds so that they can be sure that they are protecting the 3 February 28, 1989 112 neighborhoods and not allowing intrusion, or capping off parking that may, or may not be needed, and so that citizens are kept well aware of why the city is doing this before it is done. Second by AuthorityjCouncilmember Reed. During discussion, the substitute motion was further amended to include direction to staff to consider in their analysis, the possibility of city funding for non-housing amenities, such as landscaping and common rooms in order to produce a more attractive facility. The substitute motion, as amended, was approved by the following vote: parking Authority vote: Unanimously approved 7-0 Authorityjcouncilmember Katz moved to approve the same motion on behal f of the city Council. Second by Authority jCouncilmember Abdo. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ~C/PA-3: EDISON EASEMENT/KEN EDWARDS CENTER: A recommendation to adopt a resolution authorizing grant of easement to Southern California Edison for the construction and maintenance of electrical facilities servicing the Ken Edwards Center at 1527 4th street, was withdrawn at the request of staff. (See Item 6-P of the Consent Calendar.) HA-l: HOUSING AUTHORITY MINUTES APPROVAL: The Housing Authority minutes of January 24, 1989, were presented for approval. Vice Chairperson Finkel moved to approve the minutes as presented. Second by Commissioner Katz. The motion was unanimously approved. HA-2: HOUSING VOUCHERS/ANNUAL CONTRIBUTION CONTRACT: Presented was a staff report recommending the adoption of a resolution authorizing the application for 95 housing vouchers and authorizing the Executive Secretary to execute the annual contribution contract. Commissioners asked questions of staff. Member of the public Joy Fullmer expressed her concerns regarding H.U.D. requirements and discrimination against singles and young people. Commissioner Reed moved to approve the staff recommendation and adopt Resolution No. 33 (HAS) entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING THE SUBMISSION OF AN APPLICATION FOR 95 HOUSING ASSISTANCE VOUCHERS 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, thereby providing authorization to increase the Housing Authority's revenue and expenditure accounts in the amounts detailed within the staff report (dated February 28, 1989) on an annual basis, contingent upon the execution of the Annual contributions Contract. Second by commissioner Katz. The motion was approved by the following vote: 4: February 28, 1989 113 Authority vote: Unanimously approved 7-0 CC/RA/PA/HA-1: MID-YEAR BUDGET REVIEW AND EXPENDITURE CHANGES: Presented was a staff report transmitting resolutions recommending the approval of Mid-Year budget revenue and expenditure changes; personnel actions; Cable Fund fee schedules; and approving loans to Cable and Airport Funds. Questions of staff were considered. Member of the public Joy Fullmer expressed her concerns regarding the proposed salary increases in the Mid-Year budget. Chairperson Pro Tempore Finkel moved, on behalf of the Redevelopment Agency, to adopt Resolution No. 424 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89," reading by title only and waiving further reading thereof. Second by Agency Member Abdo. Discuss ion was held. The motion was approved by the fOllowing vote: Redevelopment Agency vote: Unanimously approved 7-0 Authority Member Genser moved, on behalf of the Parking Authority, to adopt Resolution No. 207(PAS) entitled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89," reading by title only and waiving further reading thereof. Second by Authority Member Katz. The motion was approved by the following vote: Parking Authority vote: unanimously approved 7-0 commissioner Genser moved, on behalf of the Housing Authority, to adopt Resolution No. 34 (HAS) entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL yEAR 1988-89," reading by title only and waiving further reading thereof. Second by vice Chairperson Finkel. The motion was approved by the following vote: Housing Authority vote: Unanimously approved 7-0 Mayor Pro Tempore Finkel moved, on behalf of the city Council, to adopt Resolution No. 7768 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89;" Resolution No. 7769(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF AUDITORIUM BUSINESS SUPERVISOR; II Resolution No. 7770(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF SENIOR TRAFFIC ENGINEER; II Resolution No. 7771 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING VIDEO PRODUCTION FEES; It and Resolution No. 7772 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF LEAD CARPENTER," reading the resolutions by title only and waiving further reading thereof. Second by Councilmember ADdo. Councilmember Reed moved 5 February 28, 1989 14 to amend the Exhibit G of the Mid-Year Budget Review to add the condition that in no case shall Councilmembers have more than one computer and one printer provided to them by the city, and that the City shall in any event keep one or two portable computers available for those councilmembers who might need one when they travel, if that Councilmember does not in fact choose to have a portable computer all the time. Second by Councilmember Katz. Discussion was held. During discussion, the motion was amended to allow the City to provide each Councilmember with one desk-top computer, one lap-top computer, and one deskjet printer (a less expensive model) as a matter of policy, and that Mayor Pro Tempore Finkel be provided with Councilmernber Reed t sprinter. The motion to amend the main motion was approved by the following vote: Council vote: Unanimously approved 7-0 The main motion to adopt the resolutions approving the Mid-Year budget on behalf of the City council was approved by the following vote: Council vote: Unanimously approved 7-0 At 9:30 p.m., the special joint meeting of the City Council, Redevelopment Agency, Housing Authority, and Parking Authority was adjourned. The City Council recessed. At 9: 50 p. m., Council reconvened with all members present, to consider the remainder of the agenda. 5-A: REQUEST OF MIMI ADAMS/FEEDING THE HOMELESS: Presented was the request of Mimi Adams to address council regarding locating a place to feed the homeles, continued from February 14, 1989. Ms. Adams addressed the council regarding the need for an indoor location from which to operate a program for feeding homeless people. No action was taken. Mayor Zane expressed Council's gratitude for the efforts provided by Ms. Adams and the members of her organization (Family Assistance Involving the Homeless), and indicated that staff is currently working with members of the business community and other organizations in the City in trying to identify an indoor location for this program. 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 Genser moved to approve the Consent Calendar with the exception of Items 6-H, 6-M, and 6-N, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of February 14, 1988, were approved as written. 6 February 28, 1989 115 6-B: PROCEDURES/POLICIES/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Ordinance 1467 (CCS) entitled: "AN ORDINANCE OF TEH CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 2940, 2942, 2943, 2944, AND 2946 RELATING TO PROCEDURES AND POLICIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM," was adopted. 6-C: GUTTER CONSTRUCTION/STREET RESURFACING/TREE PLANTING ASSESSMENTS/COLORADO AVE. BETWEEN 14TH STREET AND CLOVERFIELD BLVD.: Resolution No. 7773(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR MARCH 28, 1989 TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENTS FOR GUTTER INSTALLATION, STREET RESURFACING, AND TREE PLANTING ON COLORADO AVENUE BETWEEN 14TH STREET AND CLOVERFIELD BOULEVARD," was adopted. 6-D: FINAL PARCEL MAP 19110/CONDOMINIUM PROJECT/1128 22ND STREET: Resolution No. 7774(CCS) entitled: IlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 19110," was adopted, thereby accepting and approving Final Parcel Map 19110 for a four-unit condominium project at 1128 22nd Street. 6-E: FINAL TRACT MAP 46585/CONDOMINIUM PROJECT/1121 PRINCETON STREET: Resolution No. 7775 (CCS) entitled: itA RESOLUTION OF TEH CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46585," was adopted, thereby approving Final Tract Map 46585 for a 5-unit condominium project at 1121 Princeton street. 6-F: CANCELLATION OF COUNCIL MEETING: A recommendation to cancel the regular City Council meeting scheduled for March 14, 1989, and to continue any public hearings scheduled for that date to March 28, 1989, was approved. 6-G: SHORT RANGE TRANSIT PLAN UPDATE/APPLICATION FOR TRANSPORTATION FUNDS: A recommendation to authorize the city Manager to file updates to the Short Range Transit Plan and authorize City Manager to file applications for funds made available by the Transportation Development Act, the state Transit Assistance Fund, and the proposition A Program was approved. 6-1: GALVANIZED COPPER AND PLASTIC PIPE: Bid No. 2207 was awarded to Brandon Industrial at specified unit prices plus applicable tax, as the lowest and best bidder, to furnish and deliver galvanized copper and plastic pipe for various City departments. 6-J: VALVES AND COCKS: Bid No. 2209 was awarded to Services Industrial Supply at specified unit prices plus applicable tax, as the lowest and best bidder, to furnish and deliver miscellaneous valves and cocks for various departments. 7 February 28, 1989 116 6-K: CEMENT PRODUCTS: Bid No. 2210 was awarded to Paragon Building Products at specified unit prices plus applicable tax, as the lowest and best bidder, furnish and deliver cement products for various departments. 6-L: TRANSIT COACHES/MUNICIPAL BUS LINES: Bid No. 2157 was awarded to Greyhound, Inc., in the total amount of $1,886,550, including applicable sales tax, for the purchase of ten transit coaches to replace ten i3-year old buses in the Municipal Bus Lines fleet. 6-0: FRATERNAL ENDEAVORS HOUSE/2233 5TH STREET: A recommendation regarding the disposition of the Fraternal Endeavors house located at 2233 Fifth street, was withdrawn at the request of staff. 6-P: EDISON EASEMENT/KEN EDWARDS CENTER 1527 4TH STREET: Resolution No. 7777 (CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF ELECTRICAL FACILITIES AT THE KEN EDWARDS CENTER, 1527 4TH STREET," was adopted, thereby authorizing a grant of easement to Southern California Edison for the construction and maintenance of electrical facilities servicing the Ken Edwards Center at 1527 4th street. END OF CONSENT CALENDAR 6-H: CALIFORNIA REVENUE AND TAXATION CODE/RENTAL HOUSING CODE ENFORCEMENT: Presented was a staff report transmitting a recommendation to receive and file the Annual Report on compliance with the California Revenue and Taxation Code section 17274 regarding rental housing code enforcement for calendar year 1988. Councilmember Genser initiated discussion and requested staff to report, when convenient, regarding the average length of time necessary for the investigation of complaints regarding Housing Code violations. Member of the pUblic Joy Fullmer expressed her concerns regarding Housing Code violations. Counci1member Genser moved to approve the staff recommendation to receive and file this report as the Calendar Year 1.988 report required by the calfornia Revenue and Taxation Code section 17274 for the City of Santa Monica, with the addition that staff be directed to report, at their earliest possible convenience, the average length of time necessary to respond and resolve tenant complaints regarding Housing Code violations. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. 6-M: PIER FIREWORKS: Presented was a staff report transmitting a recommendation to approve a change of date for a fireworks display from February 4, 11, and 18, to March 11, 18, and 25, 1989, at dusk on the beach north of the Pier, to be presented by the Santa Monica Pier Lessees. Councilmember Ganser moved to hear from a member of the public who requested to speak on this item. Second by Councilmember Katz. The motion was approved, 8 February 28, 1989 117 Councilmembers Reed and Jennings opposed. Member of the public Joy Fullmer expressed her concerns regarding the burden placed on her neighborhood from the noise and crowds generated by a fireworks display at the Pier. Mayor Pro Tempore Finkel moved to approve the staff recommendation to grant the request of the Pier Lessees t Association to conduct three fireworks shows on March II, 18, and 25, 1989, at 6:30 p.m. Second by Councilmember Abdo. The motion was unanimously approved. 6-N: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff report transmitting a resolution setting a public hearing for April 11, 1989, on assessment of costs to repair damaged sidewalks, driveways and curbs on various streets (SR-B9-128/129) . Member of the public E. Bruce Jochim spoke regarding the assessment for sidewalk, driveway, and curb repair on the property at 2930 Colorado Avenue. Mayor Pro Tempore Finkel moved to approve the staff recommendation and adopt Resolution No. 7776 entitled: itA RESOLUTION OF THE CITY COUNCIL OF TEH 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-89-128/l29)," 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-A: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff report and public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs (SR-89-l24/125). The pUblic hearing was declared opened at 10:10 p.m. There being no one wishing to speak, the public hearing was declared closed. ~ayor Pro Tempore Finkel moved to approve the staff recommendation and adopt Resolution No. 7778 (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-89-124/125),1I reading by title only and waiving further reading thereof, amended to delete 1067 Princeton from the list of properties to be assessed. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-A: RESTAURANTS IN THE CM DISTRICT: An ordinance for introduction and first reading regarding modification of Section 9023.7 of Zoning Ordinance regarding restaurants in CM District was continued to the Council meeting of March 7, 1989. B-a: ICE CREAM STORE: An ordinance for introduction and first reading modifying Section 9023.2 (b) 13 to eliminate IINo Seatingll restriction for ice cream, yogurt, and frozen dessert stores in the Main street Special Commercial District was continued to the Council meeting of March 7, 1989. 9 February 28, 1989 1.io 8-C: SALE AND POSSESSION OF ASSAULT WEAPONS: Presented was a staff report transmitting an Emergency ordinance for introduction and adoption adding Chapter SA to the Santa Monica Municipal Code to prohibit the sale and possession of assault weapons. Council asked questions of staff. At 10:20 p.m., Mayor Zane declared the public hearing opened. Robert Ruthven, E. Bruce Yochim, Joseph Vinot, Rod Sabel, Tony Alvarez, Donna Alvarez, Judson Swearingen Jr., Michael Robbins, Alan Zahner, C.J. McDonald, Marianne Fang, Thomas E. Locke, and Randy Herrst spoke in opposi tion to the proposed ordinance. Joy Fullmer and Peter Berke spoke in support. There being no one else wishing to speak, at 1.0:57 p.m., Mayor Zane declared the public hearing closed. Mayor Pro Tempore Finkel moved to approve the staff recommendation and adopt Emergency Ordinance No. 1468 entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER SA TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE SALE AND POSSESSION OF ASSAULT WEAPONS AND DECLARING THE PRESENCE OF AN EMERGENCY, II reading by title only and waiving further reading thereof. Second by Councilmember Katz. Discussion was held. 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 Mayor Pro Tempore Finkel. The motion was approved. 8-0: PREFERENTIAL PARKING ZONE H.: Presented was a staff report transmitting an ordinance for introduction and first reading amending Section 3238H of the Santa Monica Municipal Code to enlarge Preferential Parking Zone H. Councilmember Genser moved to hear from a member of the public who submitted a request to speak after the item had been called. Second by councilmember Katz. The motion was approved. Mayor Zane opened the public hearing at 1.1:06 p.m. Jerry Lank spoke in opposition to expanding the preferential parking district. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 11:15 p.m. councilmember Genser 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 SECTION 3238H OF THE SANTA MONICA MUNICIPAL CODE TO ENLARGE PREFERENTIAL PARKING ZONE H,11 reading by title only and waiving further reading thereof. second by Mayor Pro Tempore Finkel. Discussion was held. Councilmember Katz moved a substitute motion to defer the matter of expanding this preferential parking district until such time as council can work with the small businesses effected (not the business park) to solve the parking problem before enlarging the zone by adding 30th street. Second by Councilmember Abdo. Discussion was held. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmember Katz Negative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane 10 February 26, 1989 119 The motion to introduce the ordinance for first reading was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Negative: Councilmember Katz Councilmember Katz moved to direct staff to return as soon as they can with a strategy for dealing with parking for small businesses located within preferential parking districts. Second Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed 8-E: PREFERENTIAL PARKING ZONE M: Presented was a staff report transmitting an ordinance for introduction and first reading adding Section 3238M to the Santa Monica Municipal Code to establish Preferential Parking Zone M. Council asked questions of staff. Mayor Zane was excused from the meeting at 11:45 p.m. Mayor Pro Tempore Finkel declared the public hearing opened at 11:50 p.m. Bruce Dickinson, Doria Krohn, Nancy Gottesman, Cathy Tauber, Dorothea Orgo, and Sylvia Merschel spoke in support of establishing the preferential parking district. Manhar Patel spoke in opposition. Mayor Zane returned to the dais at 11:50 p.m. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 12:05 a.m. Councilmember Katz moved to extend the meeting to 12:30 a.m. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Jennings opposed. Councilmember Reed moved to introduce for first reading the ordinance 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, with the following amendment: that the Preferential Parking Zone M shall be a limited to two hours between 9:00 a.m., and 10:00 p.m., and parking shall be prohibited altogether from 10:00 p.m., to 2:00 a.m., unless appropriate permits are obtained. Second by councilmember Genser. Discussion was held. Councilmember Abdo moved a substitute motion to delay action on this item until the April 11 meeting as a "5" item, to allow the neighbors to facilitate a meeting among the neighbors and local small business people of the preferential parking district, so that they can discuss modifications to the hours of preferential parking. Second by Councilmember Katz. The substitution motion failed by the following vote: Council vote: Affirmative: Councilmembers Abdo and Katz 11 February 28, 1989 120 Negative: councilmembers Finkel, Jennings, Reed, Mayor Zane Genser, The motion to approve the establishment of Preferential Parking District M, as amended, was approved by the following vote: council vote: Affirmative: Councilmembers Finkel, Jennings, Reed, Mayor Zane Genser, Negative: councilmembers Abdo, Katz Councilmember Reed moved to direct staff to insure that meters of some short time duration, that meets the needs of the small business and commercial neighborhood get placed in the pieces of blocks that will be open and not under permit parking, so that the commercial people get the guarantee of the turnover on the spaces. Second by Councilmember Abdo. Mayor Pro Tempore Finkel moved to amend the motion to instruct the staff to monitor this program and fix a time now that the City Manager thinks is appropriate to make a judgment as to whether or not the plan is working, or is creating mare problems than it solves, and to return to Council with a proposed amendment if the staff decides that one is appropriate. The amendment was accepted as friendly by the maker and second of the motion. During discussion, with Council's consent, staff was directed to issue an information item regarding this preferential parking district when staff regularly reports regarding the status of all preferential parking districts within the City. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 8-F: REFUSE COLLECTION AND RECYCLING ACTIVITIES: An ordinance for introduction and first reading amending Chapter 2 of Article V of the Santa Monica Municipal Code to reflect changes in the City'S refuse collection and recycling activities was withdrawn at the request of staff. lO-A: COMMISSION ON CATASTROPHIC COVERAGE commission on Older Medicare Catastrophic meeting. OLDER AMERICANS/OPPOSITION TO MEDICARE ACT: A Recommendation to approve the Americans letter of opposition to the Coverage Act was considered earlier in the II-A: COMMERCIAL ALLOTMENT PROGRAM: Presented was a recommendation to direct the preparation of an ordinance establiShing the Commercial Allotment Program. Councilmember Katz moved to open the public hearing and continue the public hearing to the meeting of March 7, 1989. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. At 12: 35 a. m., Councilmember Reed was excused from the Counc il meeting. 12 February 28, 1989 .lL.l Councilmember Genser moved to continue the remainder of the agenda to March 7, 1989, except for Item II-B. second by Mayor Pro Tempore Finkel. The motion was unanimously approved, councilmember Reed absent. 11-B: CIRCUS TIHANY: Presented was a recommendation regarding the proposed engagement of Circus Tihany during october and November 1989. council asked questions of staff. councilmember Katz moved to approve the staff recommendation, thereby authorizing the City Manager to proceed with negotiaions regarding a parking shuttle system and traffic management plan; an appropriate financial agreement; insurance that Pier Lessee and vendors concerns are adequately addressed; pier construction staging plan to insure that Pier construction is not disrupted; and appropriate location for housing of circus animals. Second by Councilmember Genser. Discussion was held. Member of the Public Milt Larsen spoke in support of the proposed circus. The motion to approve the staff recommendation was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Reed ll-C: CLOSED SESSION: A request for Closed session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city was not held. 12-A: C.U.P. 88-012/CONDOMINIUM PROJECT/R3 DISTRICT: An appeal of Planning commission approval of Conditional Use Permit 88-012 to permit construction of a three story, 36 I 8" high, nine unit condominium constructed over 20 subterranean parking spaces at 1531 12th Street, located in the R3 district. Applicant: Paul Zahler for PMA Development. Appellant: Mayor Pro Tempore David Finkel, was continued to March 7, 1989. 14-A: ASSEMBLY BILL 5/MOTORCYCLE SAFETY: The request of Mayor Zane to discuss support of AB 5 (Hansen) concerning motorcycle safety, continued from February 14, 1989, was continued to March 7, 1989. 14-B: ARTS COMMISSION: The matter of the appointment of a member to the Arts Commission was withdrawn at the request of staff, to be considered at a later meeting. 14-C: RECREATION & PARKS COMMISSION: The matter of the acceptance of a letter of resignation from Rosemarie Menchaca from the Recreation and Parks Commission and authorization to City Clerk to publish notice of vacancy, was continued to March 7, 1989. 14-D: SECURITY FOR SANTA MONICA WEST MENTAL HEALTH SERVICE: The request of Mayor Pro Tempore Finkel to discuss methods to 13 February 28, 1989 J..L.L. provide greater and safer care for employees, staff and patients at santa Monica West Mental Health service at 1525 Euclid street, and request Council to send condolences to the family of Robbyn Panitch, psychiatric social worker, who was slain there, was continued to March 7, 1989. 15. PUBLIC INPUT: There were no members of the public wishing to speak. ADJOURNMENT: At 12:45 a.m., Council adjourned in memory of Lawrence Wells, and Robbyn panitch. ATTEST: ~~ Clarice E. City Clerk APPROVED: D-. 'I )C- " Dennis Zane Mayor 14 February 28, 1989