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M-3/17/1992 202 CITY OF SANTA MONICA CITY COUNCIL MINUTES I MARCH 17, 1992 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Pro Tempore Abdo at 7:37 P.M. on Tuesday, March 17, 1992, in the Council Chambers. Roll Call: Present: Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Kelly Olsen councilmember Antonio Vazquez councilmember Dennis Zane Absent: Mayor Ken Genser Councilmember Herbert Katz Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Dykhouse Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. Mayor Pro Tempore Abdo noted for the record that Mayor Genser's I absence from the meeting has been excused by the City Council. 4-A: MEDAL OF VALOR/FIRE CAPTAIN DANIEL M. BENDIKSEN: Fire Chief Montenero presented a Medal of Valor to Fire Captain Daniel M. Bendiksen for his valiant efforts in saving the life of a suicidal person. Mayor Pro Tempore Abdo presented a Mayor's Commendation to Fire Captain Daniel M. Bendiksen. 5-A: MODIFICATION OF ZONING AND DEVELOPMENT STANDARDS: The Resolution of Intention to prepare an ordinance modifying zoning and development standards to facilitate shelters, transitional housing, and other affordable housing on an interim basis was continued to the meeting of April 7, 1992. 6. CONSENT CALENDAR: Presented was the consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Holbrook moved to approve the Consent Calendar, with the exception of Item No. 6-E, which was withdrawn at the request of staff, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Olsen, Vazquez, Zanet Mayor Pro Tempore Abdo I Absent: Councilmember Katz, Mayor Genser 1 March 17, 1992 I I I 203 6-A: MINUTES APPROVAL: The City Council minutes of February 18, and March 3, 1992, were approved. 6-B: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8370(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, CURBS, AND THE REMOVAL OF HAZARDOUS PAVEMENT IN PARKWAY AREAS ON VARIOUS STREETS (SR-92-180), II was adopted, thereby setting a public hearing date of April 28, 1992. 6-C: CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM: Resolution No. 8371(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE CITY'S APPLICATION FOR ADMISSION INTO THE CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM," was adopted. 6-D: INCREASE OF CONTRACT/WHEELCHAIR ACCESS RAMPS/MAIN STREET: An amendment to Contract No. 5770(CCS) with steiny & Co., Inc., to increase the total contract amount by $8,000 for the construction of two wheelchair access ramps on Main Street was approved. 6-E: STREET RESURFACING/GUTTER CONSTRUCTION/REPAIR DAMAGED SIDEWALKS/CURBS/DRIVEWAYS/REMOVAL OF PARKWAY PAVINGS: The recommendation to form an assessment district for gutter construction, street resurfacing and repair of damaged sidewalks, driveways and curbs, and the removal of hazardous pavement in parkway areas on various City streets in conjunction with the FY 1991-92 street resurfacing program was withdrawn at the request of staff. 6-F: GUTTER CONSTRUCTION/STREET RESURFACING/REPAIR DAMAGED SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF HAZARDOUS PAVEMENT IN PARKWAY AREAS: Resolution No. 8372(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 8364(CCS) AND HOLDING A PUBLIC HEARING ON APRIL 14, 1992, FOR THE CONFIRMATION OF ASSESSMENT OF COSTS FOR GUTTER CONSTRUCTION, STREET RESURFACING AND THE REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS AND THE REMOVAL OF HAZARDOUS PARKWAY PAVINGS ON VARIOUS CITY STREETS IN CONJUNCTION WITH THE 1990-91 STREET RESURFACING PROGRAM," was adopted, thereby setting a public hearing date of April 14, 1992. 6-G: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8373(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, CURBS AND THE REMOVAL OF HAZARDOUS PAVEMENT IN PARKWAY AREA (SR-92-179)," was adopted, thereby setting a pUblic hearing date of April 28, 1992. END OF CONSENT CALENDAR 7-A: APPEAL/EXTENSION/DEVELOPMENT REVIEW 91-007/502 BROADWAY: Presented was the appeal of Planning commission denial of a 2 March 17, 1992 204 request to allow a six-month extension on Development Review 91- 007 at 502 Broadway. Applicant/Appellant: Johannes Van Tilburg and Partners. council asked questions of staff. Gustav I Soderberg and Fred Segal, representing the applicant/appellant, spoke in support of the appeal. Council asked questions of the applicant/appellant. Council asked questions of staff. There were no members of the public wishing to speak. Councilmember Olsen moved to deny the appeal and uphold the Planning Commission denial of the extension. Second by Councilmember Vazquez. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Negative: Councilmember Holbrook Absent: Councilmember Katz, Mayor Genser a-A: INTERIM DEVELOPMENT STANDARDS: Presented was an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR VACANT PARCELS AND PARCELS IN RESIDENTIAL USE, AND COMMERCIAL PARCELS REDEVELOPED FOR RESIDENTIAL USE FOR PALISADES BEACH ROAD BETWEEN THE SANTA MONICA PIER ON THE SOUTH AND THE NORTH CITY LIMITS," for introduction and first reading by title only, waiving further reading thereof, establishing interim development standards for vacant parcels and parcels in residential use, and commercial I parcels redeveloped for residential use for Palisades Beach Road between the Santa Monica Pier and the south and north City limits. At 8:40 P.M., Mayor Pro Tempore Abdo declared the public hearing open. Member of the public Fred Harris spoke in support of the proposed ordinance. Member of the public Beloved Quail suggested that the eminent domain procedure be modified in order to house homeless people and grow crops. Mayor Pro Tempore Abdo closed the public hearing at 8:45 P.M. councilmember Zane moved to introduce the ordinance for first reading. Second by Councilmember Vazquez. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Vazquez, Zane, Mayor Pro Tempore Abdo Negative: councilmember Olsen Absent: Councilmember Katz, Mayor Genser 9-A: CROSSWALKS/UNCONTROLLED INTERSECTIONS: Presented was the staff report recommending approval of a pOlicy on the installation and removal of crosswalks at uncontrolled intersections and direction to the city Attorney to prepare an ordinance amending Section 3327 of the Santa Monica Municipal Code relating to crosswalks. Council asked questions of staff. I Member of the public Joy Fullmer expressed her concerns. Discussion was held. Councilmember Vazquez moved to deny the recommendation as amended by staff to remove crosswalks at 3 March 17, 1992 I I I 205 uncontrolled intersections if it has been repaved and if it meets criteria as stipulated in the staff report and restore crosswalks which have been previously removed. Second by Councilmember Olsen. Discussion was held. The motion failed due to a lack of a majority vote by the following: Council vote: Affirmative: councilmembers Olsen, Vazquez, Zane Negative: Councilmembers Holbrook, Mayor Pro Tempore Abdo Absent: councilmember Katz, Mayor Genser councilmember Holbrook requested that the record reflect that he voted "no" on this item because he wishes to learn more about this issue. Councilmember Zane moved to continue this item for sixty days and request staff to return with more information. Second by councilmember Holbrook and carried, Councilmember Katz and Mayor Genser absent. 9-B: AMENDMENT TO EMERGENCY WATER CONSERVATION ORDINANCE: Presented was the recommendation to direct the City Attorney to prepare an ordinance amending the city's emergency water conservation ordinance to change the mandatory cutback target to 10 percent instead of 20 percent of the 1990 water usage. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved to direct the City Attorney to prepare an ordinance amending the City's emergency water conservation ordinance to change the mandatory cutback target to 10 percent of 1990 water usage and to congratulate staff for the extraordinary effect of the city's water conservation program. Second by Councilmember Vazquez. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Holbrook, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Councilmember Katz, Mayor Genser 9-C: CLOSED SESSION: Held at end of meeting. II-A: AID TO FAMILIES WITH DEPENDENT CHILDREN: Presented was the recommendation by the Commission on the Status of Women to oppose proposed revisions in the State of California' s Aid to Families with Dependent Children (AFDC) program and authorization for SMCOSW to actively oppose the proposed revisions. Member of the public Joy Fullmer expressed her concerns. Councilmember Zane moved to grant to the Commission on the Status of Women their requested authority to oppose Governor Wilson' s proposed revisions of the state of California' s Aid to Families with Dependent Children program and Council similarly oppose the proposed revisions and direct the Mayor to draft a letter to be 4 March 17, 1992 206 sent to appropriate legislators and to the Governor's office, highlighting the evidence recently supplied in the feature story in the New York Times regarding the decade of the 80's. Second I by Councilmember Vazquez. Discussion was held. The motion was unanimously approved, councilmember Katz and Mayor Genser absent. Il-B: ART DONATION/TWILIGHT AND YEARNING: Presented was the recommendation by the Arts Commission to accept the art donation of Manfred Muller's "Twilight and Yearning, It intended for the Santa Monica pier and authorization to the City Manager to negotiate and execute the contract for installation. Council asked questions of staff. At 10:15 P.M., Council adjourned for a short recess. reconvened at 10:33 P.M. with all members present. council 11-B: RESUMED: Member of the pUblic Joy Fullmer expressed her concerns. Members of the public Manfred Muller, Martin Sosin, Bruria Finkel, Ying Chao Kuo, and Eugenia Butler spoke in support of the acceptance of the art donation. Discussion was held. Councilmember Zane moved to conceptually approve the art, subject to its being returned to the council with satisfactory answers to the issues regarding safety. Second by Councilmember Olsen. Discussion was held. Councilmember Zane moved to extend the meeting to 11:30 P.M. Second by Councilmember Vazquez. The motion was unanimously approved, Councilmember Katz and Mayor Genser absent. Discussion continued. Councilmember Zane withdrew his motion. Councilmember Zane moved to continue this I item to a time when the artist is prepared to address issues as discussed this evening. Second by Mayor Pro Tempore Abdo. The motion was unanimously approved, Councilmember Katz and Mayor Genser absent. 14-A: APPOINTMENT/SOCIAL SERVICES COMMISSION: Mayor Pro Tempore Abdo opened the floor to nominations to fill the vacancy on the Social Services Commission. Councilmember Zane moved to appoint Yvette Guerra by acclamation to the Social Services commission for a term ending June 30, 1994. The motion was duly seconded and unanimously approved, Councilmember Katz and Mayor Genser absent. l4-B: APPOINTMENT/HOUSING COMMISSION: Mayor Pro Tempore Abdo opened the floor to nominations to fill the vacancy on the Housing Commission. Councilmember Zane moved to appoint Gregory Lipton by acclamation to the Housing Commission for a term ending June 30, 1992. The motion was duly seconded and unanimously approved, Councilmember Katz and Mayor Genser absent. l4-C: APPOINTMENT/PERSONNEL BOARD: Mayor Pro Tempore Abdo opened the floor to nominations to fill the vacancy on the Personnel Board. Councilmember Zane moved to appoint Rosalio casillas by acclamation to the Personnel Board for a term ending June 30, 1993. The motion was duly seconded and unanimously I approved, Councilmember Katz and Mayor Genser absent. 5 March 17, 1992 I I I 207 l4-D: ALTERNATE METHODS OF CASTING VOTES AT COUNCIL MEETINGS: Councilmember Holbrook presented his request to discuss alternate methods of casting votes at Council meetings. Discussion was held. Councilmember Zane moved to change the rules of the Council to alternate the order of voting on alternating agenda items. Second by Councilmember Holbrook. The motion was unanimously approved, Councilmember Katz and Mayor Genser absent. l4-E: PROPER DECORUM OF PUBLIC AT CITY Presented was the request of councilmember proper decorum of the public at city Discussion was held. No action taken. COUNCIL MEETINGS: Holbrook to discuss council meetings. Councilmember Zane moved to extend the meeting to 11:45 P.M. The motion was duly seconded and unanimously approved, Councilmember Katz and Mayor Genser absent. 15: PUBLIC INPUT: Member of the public Joy Fullmer discussed Item No. l4-E, above. Member of the public John Jurenka discussed utility costs and their relationship to rent control. Member of the public Beloved Quail discussed the problems of homelessness. Member of the public Art Casillas reported on gangs and drugs in the pico Neighborhood. 9-C: CLOSED SESSION: At 11:40 P.M., Council adjourned to Closed Session for the purpose of considering the case of Cook v. City of santa Monica, et al., Santa Monica Superior Court Case No. WEC 110 819. At 11: 55 P.M., council reconvened with all members present, except Councilmember Katz and Mayor Genser. Mayor Pro Tempore Abdo moved to approve a settlement in the case of Cook v . City of Santa Monica, et al., in the amount of $27,500. Second by Councilmemher Holbrook. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Holbrook, Mayor Pro Tempore Abdo Absent: Councilmember Katz, Mayor Genser ADJOURNMENT: At 12:00 A.M., the meeting was adjourned in memory of City employee, Domingo Gomez. ATTEST: ___/~~ /4~ Clarice E. Dykhouse City Clerk APPROVED: 1<-7 ,V",1, Judy Abdo Mayor Pro Tempore 6 March 17, 1992