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M-4/24/1990 95 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 24, 1990 The regular meeting of the Santa Monica city Council was called to order by Mayor Zane at 7:37 P.M., on Tuesday, April 24, 1990, 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 at 7:43 P.M.) 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: Not held. Mayor Pro Tempore Finkel led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 4-A: GENERAL SERVICES AWARDS: Mayor Zane presented Department of General Services employee recognition awards to Marcie Simmons, Marsha Eubanks, Hope Smith, Tom Schlegel, and Myriam Cardenas, in honor of their exemplary service to the City. 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. Mayor Pro Tempore Finkel moved to approve the Consent Calendar with the exception of Item 6-G, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The minutes of city council meeting of April 3, 1990, were approved as revised. 6-B: STATEMENT OF OFFICIAL ACTION/CUP 89-050/CONDOMINIUM/643 RAYMOND AVENUE: The Statement of Official Action to deny an appeal and uphold Planning Commission approval of CUP 89-050 to permit a 4 unit condominium at 643 Raymond Avenue was certified. 6-C: FINAL TRACT MAP 20909/CONDOMINIUM/1035 17TH STREET: Resolution No. 8009 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 20909," was adopted, thereby 1 April 24, 1990 ~o approving Final Tract Map 20909 for a 4 unit tenant-participating conversion located at 1035 17th Street. 6-D: FINAL MAP 46444/CONDOMINIUM/632 LINCOLN BOULEVARD: Resolution No. 8010 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46444," was adopted thereby approving Final Map 46444 for a 5 unit tenant-participating conversion project, TPC-064, at 632 Lincoln Boulevard. 6-E: PHYSICALLY HANDICAPPED PARKING ZONES/lllO OZONE AVENUE, 3222 URBAN AVENUE, AND 2244 28TH STREET: Resolution No. 80ll(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 1110 OZONE AVENUE, 3222 URBAN AVENUE, AND 2244 28TH STREET," was adopted. 6-F: MOTOR CONTROL CENTER/ARCADIA WATER TREATMENT PLANT: Council awarded Contract No. 5504 (CCS) to Industrial Construction and Electrical in the amount of $93,600 to furnish and install a new motor control center at the Arcadia Water Treatment Plant. END OF CONSENT CALENDAR 6-G: WISE/SENIOR HEALTH AND PEER COUNSELING CENTER/KEN EDWARDS CENTER: Presented was a staff report recommending the approval of lease terms for the Ken Edwards Center for Community Services. Mayor Zane moved to approve the lease terms proposed in the staff report and authorize the City Manager to negotiate and execute lease Contract No. 5505(CCS) with WISE (Westside Independent services to the Elderly) and lease Contract No. 5506 (CCS) with the Senior Health and Peer Counseling Center. Second by Councilmember Genser. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Zane moved to hear Item ll-A at this time. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. Il-A: HUD/FHA SUPPLEMENTAL FIRE PROTECTION PROVISIONS: Presented was a staff report recommending that fire protection sprinklers be installed in HUD/FHA rental housing property. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Member of the public Harrison Betts spoke in support of sprinklers but expressed concerns regarding the staff recommendations for funding and the utilization of building replacement reserves to pay for the installation. Member of the public Grace Veline spoke in support of sprinklers but expressed concern regarding the installation costs associated therewith. Member of the public Priscilla Gilliam spoke in support of sprinklers and proposed the utilization of City funds for building rehabilitation. Mayor Pro Tempore Finkel moved to adopt the staff recommendations with a modification to extend the time frame for compliance to two years. Second by Councilmember Abdo. Discussion was held. 2 April 24, 1990 97 Councilmember Jennings moved to amend the motion to include direction to staff to suggest appropriate recommendations as to what Council could do to provide financial assistance. The amendment was accepted as friendly. Mayor Zane moved to amend the motion to make explicit the fact that it is the City Council's intent that the asbestos problem be among the uppermost issues which must be resolved before a final recommendation is brought back to Council. The amendment was accepted as friendly. The motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed At 9: 12 P.M., Council adjourned for a short recess. P.M., Council reconvened with all members present. At 9: 30 Mayor Zane moved to continue Items 8-D, 12-A, 14-A, 14-C to May 1, 1990. Second by Councilmember Katz. was unanimously approved. 14-B, and The motion 8-A: BUSINESS LICENSE TAX: Presented was an ordinance for introduction and first reading repealing various sections of Chapters 1 and 2 of Article VI of the Santa Monica Municipal Code and adding subchapters lA, IB, and lD to Article VI of the Santa Monica Municipal Code relating to Business License Taxes. Council asked questions of staff. Mayor Pro Tempore Finkel moved to extend the meeting to 12: 30 A.M. Second by Councilmember Abdo. The motion was approved, Councilmembers Katz and Reed opposed. At 11:05 P.M., Mayor Zane declared the pUblic hearing opened. Members of the public Meganne steele and Connie Jenkins spoke in support of amendments to business license tax. Members of the public Joy Fullmer and Mark Rothschild expressed concerns. Members of the public Elizabeth Burns, Adrienne TUllis, Robert Ferguson, Duane Nightingale, Robin Allen, Vince MUsselli, Dave Paradis, Chris Harding, D. Wallace Benton, Allen Richman, Frank Makuta, Ernie Kaplan, Bernard Ginsberg, Isaac Levy, Rick Solberg, and John Jurenka spoke in opposition to the amendments to the business license tax. Mayor Zane closed the public hearing at 12:15 A.M. Councilmember Jennings moved to table the ordinance until the annual budget is discussed. Second by Councilmember Katz. The motion failed, Councilmembers Abdo, Finkel, Genser, Mayor Zane opposed. Councilmember Jennings moved to direct staff to develop a list of necessary budgetary cuts if the increase in the business license tax were not adopted, and direct staff to report on how to revise the existing business license tax structure in order to simplify it as well as incorporate the equity concerns of the Ralph Anderson Report. Second by Councilmember Katz. Discussion was held. 3 April 24, 1990 98 Councilmember Abdo moved a substitute motion to approve the staff recommendation thereby introducing the ordinance for first reading. Second by Mayor Pro Tempore Finkel. Discussion was held. councilmember Katz moved a substitute motion to provide for a 30% discount of gross for architects who incur pass through fees. Second by Councilmember Reed. After discussion, the motion was withdrawn in favor of it being considered as a separate item within 60 days. At 12:32 A.M., Councilmember Genser moved to extend the meeting to 12:45 A.M. Second by Councilmember Abdo. The motion to extend the meeting failed, Councilmembers Jennings, Katz, and Reed opposed. Therefore, Mayor Zane adjourned the meeting to May 1,1990, at 7:30 P.M., to continue council's consideration of this item, and to consider the remaining items on this agenda. 8-B: SANTA MONICA ARTS FOUNDATION/ARTS COMMISSION: An ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 293l and 2932 and adding Section 2937 relating to the Santa Monica Arts Commission; approval of Amendment to By-Laws of the Santa Monica Arts Foundation; appointments to effectuate the consolidation of the governing bodies of the Arts Commission and Arts Foundation was continued to the meeting of May 1, 1990. 8-C: COUNTY HAZARDOUS WASTE MANAGEMENT PLAN: An ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 9000.3, 9021.4, and adding Section 9055.13, to implement the County Hazardous Waste Management Plan, and certification of the EIR review was continued to the meeting of May 1, 1990. 8-D: ZONING DISTRICT MAPS: An ordinance for introduction and first reading adopting Zone Change 34 to amend the Zoning District Maps by reclassifying a parcel located at 1548 Ninth Street from R3A to Ml was continued to the meeting of May 1, 1990. 8-E: EXEMPTION TO LANDSCAPE SETBACK REQUIREMENTS: An ordinance for introduction and first reading amending Santa Monica Municipal Code Section 9D4l.6(b) to exempt building sites in the Main Street Commercial District from the minimum landscape setback requirement was continued to the meeting of May 1, 1990. 8-F: BEACH PARKING LOT FEES/HONOR BOXES: An ordinance for introduction and first reading adding Section 3202A to the Santa Monica Municipal Code relating to deposit of beach parking lot fees into honor boxes was continued to the meeting of May l, 1990. 4 April 24, 1990 99 8-G: INCLUSIONARY HOUSING PROGRAM: An ordinance for adoption and second reading amending Santa Monica Municipal Code sections 9420, 9421, 9422, 9423, 9424, 9427, 9428, 9429 and adding section 9433 relating to the Inclusionary Housing Program was continued to the meeting of May l, 1990. 11-B: BAYSAVER REBATE PROGRAM: A resolution setting the conservation incentive fee for the BAYSAVER plumbing fixture rebate program was continued to the meeting of May 1, 1990. 11-C: MARINE PARK CHILD CARE CENTER: A recommendation to authorize city Manager to negotiate and execute an operating agreement with the Santa Monica/Malibu Unified School District for the Marine Park Child Care Center and the appropriation of startup funds was withdrawn at the request of staff. 11-0: CLOSED SESSION: Not held. 12-A: APPEAL OF DENIAL OF DR 88-005, CUP 88-019, VAR 88-012, RPP 89-009/0FFICE BUILDING/NW CORNER OF PICO BOULEVARD AND OCEAN AVENUE: An appeal of the Planning commission denial of DR 88-005, CUP 88-019, VAR 88-0l2, RPP 89-009, for the development of a three-story, mixed commercial office building constructed over a four-level subterranean parking garage located on the northwest corner of Pico Boulevard and Ocean Avenue was continued to the meeting of May 1, 1990. 13-A: CIVIC IMPROVEMENTS/REVENUE BOND: The request of Michael E. Hill to address Council regarding specific civic improvements and a suggested revenue bond to be placed on the November 1990, ballot was continued at his request. 13-B: POLICE PROTECTION: The request of CeCe Bradley to address Council regarding police protection in the Pico Neighborhood was withdrawn at her request. 14-A: TROPICAL TIMBER: The request of Mayor Pro Tempore Finkel to discuss directing the City Attorney to prepare an ordinance banning the use of tropical timber in municipal buildings was continued to the meeting of May 1, 1990. 14-B: CONDOMINIUM TAX: The request of Mayor Zane to discuss increasing the condominium tax was continued to the meeting of May 1, 1990. l4-C: WATER CONSERVATION TAX CREDIT: The request of Councilmember Reed to discuss support for SB1520 to establish a water conservation tax credit was continued to the meeting of May 1, 1990. 5 April 24, 1990 100 ADJOURNMENT: At 12:35 A.M., the meeting was adjourned to May 1, 1990, at 7:30 P.M., in memory of Ralph Abernathy and Waddia Rassey. ATTEST: /~~/~ /(2/ -~ Clarice E. JOh~ City Clerk APPROVED: Pg.,/}--- Dennis Zane Mayor 6 April 24, 1990