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M-2/11/1992 I I I 181 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 11, 1992 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Pro Tempore Abdo at 6: 15 P. M. on Tuesday, February II, 1992, in the Council Chambers. Roll Call: Present: Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen (arrived during closed session) Councilmember Antonio Vazquez (arrived during closed session) Councilmember Dennis Zane Absent: Mayor Ken Genser Also Present: City Clerk Clarice E. Dykhouse CLOSED SESSION: At 6:15 P.M., Council adjourned to Closed Session for the purpose of considering personnel matters. At 8:03 P.M., Council reconvened with all members present except Mayor Genser. Mayor Pro Tempore Abdo called the regular meeting to order at 8:03 P.M. Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. Roll Call: Present: Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Absent: Mayor Ken Genser Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Dykhouse 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 Zane moved to approve the Consent Calendar, with the exception of Item Nos. 6-B, 6-C, 6-E, and 6-H, reading resolutions and ordinances by title only and waiving further reading thereof. 1 February II, 1992 182 Second by councilmember Olsen. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo I Absent: Mayor Genser 6-A: MINUTES APPROVAL: The city council minutes of January 14, January 21, and January 28, 1992, were approved. 6-D: REFUSE CONTAINERS: Bid No. 2394 was awarded to The Mark Costello Company at specified unit prices for refuse containers for the Solid Waste Management Division, General services Department. 6-F: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8355 (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-92-179)," was adopted, thereby setting a public hearing date of March 10, 1992. 6-G: WEED ABATEMENT PROGRAM: Resolution No. 8356(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING CERTAIN WEEDS GROWING UPON CERTAIN LANDS WITHIN THE CITY OF SANTA MONICA TO BE A PUBLIC NUISANCE," was adopted, I thereby setting a public hearing date of April 14, 1992. 6-1: PETITIONS FOR INITIATIVE, REFERENDUM, OR AMENDMENT OF THE CITY CHARTER: Ordinance No. 1613 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 11220 AND 11221 TO THE SANTA MONICA MUNICIPAL CODE TO PROVIDE A SAMPLE FORMAT FOR PETITIONS FOR INITIATIVE, REFERENDUM OR AMENDMENT OF THE CITY CHARTER,II was adopted on second reading. END OF CONSENT CALENDAR 6-B: AID TO CITIES/CARRY-OVER GAS TAX FUND ALLOCATION: Presented was a resolution requesting the FY 1988-89 Los Angeles County I1Aid to citiesl1 Carry-Over Gas Tax Fund allocation. Member of the public Joy Fullmer expressed her concerns. Councilmember Katz moved to adopt Resolution No. 8353(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUND,lI reading by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser I 2 February 11, 1992 I I I 183 6-C: DISPOSAL SERVICES: Presented was the staff recommendation to authorize the city Manager to negotiate and execute a contract with HazPak Environmental, Inc. to provide disposal services. Member of the public Joy Fullmer expressed her concerns. Councilmember Olsen moved to approve Contract No. 5820(CCS) with HazPak Environmental, Inc. in the amount of $80,000 to provide disposal services. Second by councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser 6-E: HOME FUNDS: Presented was a resolution approving the submission of an application for FY 1992 HOME Funds. Member of the public Joy Fullmer expressed her concerns. councilmember Olsen moved to adopt Resolution No. 8354 (CCS) e-ntitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE SUBMISSION OF AN APPLICATION FOR FY 1992 HOME FUNDS, II reading by title only and waiving further reading thereof, and to enact an appropriation permitting expenditure of the funds when they are received. Second by councilmember Vazquez. Council asked questions of staff. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser 6-Ht SANTA MONICA HIGH SCHOOL SYMPHONY ORCHESTRA/21ST INTERNATIONAL YOUTH & MUSIC FESTIVAL: Presented was the staff recommendation to provide a $10,000 grant to Santa Monica High School Symphony to attend the International Youth and Music Festival in Vienna, Austria in July 1992. Discussion was held. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Discussion was held. Councilmember Zane moved to approve a $10,000 contribution to Santa Monica High School Symphony fundraising efforts to attend the International Youth and Music Festival in Vienna, Austria. 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 Negative: Councilmember Katz Absent: Mayor Genser Councilmember Katz requested that the record reflect that he voted "no" on this item as he feels that while he is supportive 3 February 11, 1992 184 of the symphony orchestra, he feels that this is an inappropriate use of public funds. 8-A: INCLUSIONARY HOUSING PROGRAM: Presented was the staff I report recommending introduction of an ordinance amending Santa Monica Municipal Code Sections 9420 through 9433 relating to the inclusionary housing program. council asked questions of staff. At 9:30 P.M., Mayor Pro Tempore Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Members of the public John Given, Ken Kutcher, and James Baker spoke in opposition to the ordinance as proposed. Mayor Pro Tempore Abdo closed the public hearing at 10:10 P.M. Discussion was held. CouncilmeEber Holbrook moved to continue council deliberation to the meeting of February 18, 1992. Second by Councilmember Zane and carried, Mayor Genser absent. At 10:21 P.M., Council adjourned for a short recess. Council reconvened at 10:42 P.M. with all members present, Mayor Genser absent. 8-B: MODIFICATION OF ZONING AND DEVELOPMENT STANDARDS: The emergency ordinance modifying zoning and development standards to facilitate shelters, transitional housing, and other affordable housing on an interim basis and resolution modifying planning, zoning and land use fees was continued to the meeting of February 18, 1992. 8 -c : INTERIM DEVELOPMENT STANDARDS: Presented was the staff I report recommending adoption of an ordinance 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. Councilmember Holbrook moved to adopt ordinance No. 1614 (CCS) 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, It 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 Holbrook, Katz, Vazquez, Zane, Mayor Pro Tempore Abdo Negative: councilmember Olsen Absent: Mayor Genser 9-A: RENEWAL OF EXISTING GANN OVERRIDES: Presented was the staff report recommending direction to the City Attorney to I prepare June 1992 ballot measures to renew existing Gann overrides for four years. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. 4 February 11, 1992 I I I 185 Councilmember Holbrook moved to direct the City Attorney to prepare appropriate June 1992 ballot measures to renew the city's Gann Limit overrides for four years, and to return the proposed ballot measures to the city council for approval at its meeting of February 25, 1992. Second by Councilmember Vazquez. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser 9-B: BAYS AVE R PROGRAM: Presented was the staff report recommending approval of the Phase II BAYSAVER plumbing fixture retrofit program. Council asked questions of staff. Mayor Pro Tempore Abdo moved to extend the meeting to 11: 45 P.M. The motion was duly seconded and unanimously approved, Mayor Genser absent. Member of the pUblic Joy Fullmer expressed her concerns. Member of the public James Baker spoke in support of the program. Councilmember Zane moved to 1) approve the Phase II BAYSAVER plumbing fixture retrofit program as presented and authorize the budget changes; 2) approve Contract No. 5821(CCS) with DMC Services, Inc. to provide BAYSAVER program services to the City; and 3) direct staff to evaluate alternative approaches to the establishment of a permanent water mitigation requirement for new development in Santa Monica, to include examination of mitigation thresholds and fee levels, and submit recommendations to Council by March 1992. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser g-C: CLOSED SESSION: Not held. lO-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was the public hearing on assessment of costs to repair damaged sidewalks, driveways and curbs (SR-92-178) at various locations. Mayor Pro Tempore Abdo declared a possible conflict of interest and requested Councilmember Zane to preside over the meeting in her absence. At 11: 12 P.M., Acting Mayor Zane declared the public hearing open. There being no one wishing to speak, the public hearing was closed. Councilmember Katz moved to adopt Resolution No. 8357(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-92-178),1I reading by title only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was approved by the following vote: 5 February 11, 1992 186 Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane Absent: Mayor Pro Tempore Abdo, Mayor Genser I Mayor Pro Tempore Abdo returned to the dais. 14-A: PICK-UP LOCATIONS/RECYCLABLE MATERIALS: Councilmember Katz moved to continue the request of Mayor Genser to discuss pick-up locations for recyclable materials for households which currently have curbside or alley collection to the meeting of February 18, 1992. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo Absent: Mayor Genser 14-8: HOUSING CALIFORNIA 1992 CONFERENCE: Presented was the request of Councilmember Zane to discuss approval of travel funds to attend the Housing California 1992 Conference on March 1 - 3, 1992, in Oakland, California. councilmember Zane moved to allow Councilmembers to utilize their Council travel funds to attend the Housing California 1992 Conference on March 1 - 3, 1992, in Oakland, California. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Pro Tempore Abdo I Absent: Mayor Genser 14-C: UNIVERSAL HEALTH CARE: Presented was the request of Councilmember Zane to discuss support for a system of universal health care. Councilmember Vazquez moved to allow Councilmember Zane to yield his time to Dan Cohn, an active community member and a member of the senior legislature for the state of California, for a period of two minutes. Second by Councilmember Zane and carried, Mayor Genser absent. Dan Cohn addressed council. Councilmember Zane moved to direct staff to draft a letter in support of a system of universal health care, for the Mayor'S signature, to be sent to the leadership of the legislature, the Governor, and representatives in Sacramento. Second by Councilmember Katz. Councilmember Zane moved to amend his motion to include appropriate committees of the League of California Cities. The motion was accepted as friendly. The motion was unanimously approved, Mayor Genser absent. l4-D: TORCA: Presented was the request of Councilmember Zane to I discuss issues pertaining to TORCA. councilmember Vazquez moved to hear members of the pUblic on this item. Second by Councilmember Holbrook. The motion was unanimously approved, 6 February II, 1992 I I I 187 Mayor Genser absent. Presented was the request of councilmember Zane to discuss issues pertaining to TORCA. Councilmember Zane moved to hear speakers for three minutes each. Second by Mayor Pro Tempore Abdo. The motion was unanimously approved, Mayor Genser absent. Member of the public Paul Desantis suggested preparing the ballot measure for the June election and suggested a small bond issue to help first-time purchasers. Member of the public James Baker spoke in support of the TORCA program and spoke in support of dialogue which is consistent with the spirit of TORCA. Councilmember Zane moved to direct the city Attorney to begin the process to prepare a ballot measure 1) revising TORCA to broaden the scope of allowable uses for the TORCA tax fund, 2) extend residency requirement from six months to 12 or 18 months for voting purposes, 3) provide some opportunity for tenants to rescind their approval prior to the City approval of the TORCA application, 4) ask staff to respond to the concern that tenants who continue as renters in a TORCA'd building be able to be assured that they will not suffer from capital improvement rent increases where the capital improvements have been in some fashion necessitated by the TORCA process, and 5) direct staff to investigate the development of a parallel measure, or some program to the same objective, to help assure financing for individuals who are not otherwise eligible for the TORCA loan fund. Second by Councilmember Vazquez. Discussion was held. Councilmember Zane moved to amend his motion to incl ude language to implement any additional consensus of the negotiators between the tenant and landlord community. The motion was accepted as friendly. The motion was unanimously approved, Mayor Genser absent. 15: PUBLIC INPUT: Member of the public Joy Fullmer expressed her concerns regarding universal health care, recycling of police reports, in-lieu fees, and TORCA. ADJOURNMENT: At 11:43 P.M., the meeting was adjourned to 6:00 P.M., February 18, 1992, in memory of Rick Cziment. ATTEST: Lf4;t'~ ~larice E. Dykhouse city Clerk APPROVED: :;.t; #/6 Judy ~dO Mayor Pro Tempore 7 February 11, 1992