Loading...
M-3/27/1990 67 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 27, 1990 A regular meeting of the Santa Monica city Council was called to order by Mayor Zane at 7:40 p.m., on Tuesday, March 27, 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 Councilmember Herbert Katz Absent: Councilmember Christine E. Reed Also Present: City Manager John Jalili Assistant City Attorney Joseph Lawrence City Clerk Clarice E. Johnsen CLOSED SESSION: Not held. councilmember Abdo led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. INSPIRATION: The Santa Monica Playhouse Young professionals, having recently returned from a tour of Japan, presented selections from their production of "Dear Gabby," and presented Council with gifts from Japanese officials. 4-A: SANTA MONICA HIGH SCHOOL SPRINGFEST: Laura stillman and Brent Weisman addressed Council regarding the Santa Monica High School Associated Student Body third annual Spring fest on May 18 - 20, 1990, and urged everyone to attend. 5-A: COMMISSION ON OLDER AMERICANS/COMMUNICATION WITH ELECTED OFFICIALS REGARDING CONCERNS OF SENIOR CITIZENS: Presented was the request of Mayor Pro Tempore Finkel to discuss authorizing the Commission on Older Americans to communicate with elected officials and other public and private entities concerning issues of interest to senior citizens, continued from March 13, 1990. Mayor Pro Tempore Finkel initiated discussion and moved to approve the Commission's request to address various agencies and political persons about the following senior issues: Elderly victims of crime~ Family problems for seniors~ social Security~ Medicare~ In home support services for seniors; and Nursing and convalescent homes. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: 1 March 27, 1990 68 council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: councilmember Reed 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 Items 6-H and 6-K. 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 6-A: MINUTES APPROVAL: The city council minutes of February 27 and March 13, 1990, were approved as presented. 6-B: HANDICAPPED PARKING ZONE/1901 11TH STREET: Resolution No. 7993 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 1901 11TH STREET," thereby establishing a parking zone for the physically handicapped adjacent to 1901 11th street, was adopted. 6-C: LOS ANGELES COUNTY INTEGRATED WASTE MANAGEMENT TASK FORCE: Resolution No. 7994 entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONCURRING WITH THE PROPOSED MEMBERSHIP OF THE LOS ANGELES COUNTY INTEGRATED WASTE MANAGEMENT TASK FORCE," thereby approving the Los Angeles County Board of Supervisors designation of the Los Angeles County Solid Waste Management Conuni ttee to serve as the County's Integrated Sol id Waste Management Task Force as required by AB939, the California Integrated Waste Management Act of 1989, was adopted. 6-0: GRANTS AND DEEDS FOR PUBLIC IMPROVEMENTS: Resolution No. 7995 (CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACCEPT GRANTS OR DEEDS TO THE CITY FOR PUBLIC IMPROVEMENTS," was; adopted. 6-E: FINAL MAP 20610/TPC-077/239 BAY STREET: Resolution No. 7996 (CCS) entitled: t1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 20610," thereby approving Final Tract Map 20610 for a tenant-participating conversion project at 239 Bay street, was adopted. 6-F: FINAL MAP 47711/CONDOMINIUM/1541 CENTINELA AVENUE: Resolution No. 7997 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47711, u thereby approving 2 March 27, 1990 69 Final Tract Map 47711 for 6-unit condominium project at 1541 centinela Avenue, was adopted. 6-G: FINAL MAP 21506/CONDOMINIUM/2318 SECOND STREET: Resolution No. 7998(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21506,11 thereby approving Final Tract Map 21506 for 4-unit condominium project at 2318 Second street, was adopted. 6-1: LANDFILL COMPLIANCE PROGRAM/GAS RECOVERY FEASIBILITY STUDY: A recommendation to authorize the City Manager to negotiate and execute Contract No. 5495 (CCS) with Dames and Moore Consulting Engineers in the amount of $201,040 to conduct a landfill compliance program and gas recovery feasibility study of the closed Santa Monica landfill was approved. 6-J: FIREWORKS DISPLAY/SANTA MONICA PIER: A recommendation to approve a fireworks display as part of the opening celebration of the west end of the Santa Monica Pier on Saturday, April 7, 1990 at 7:45 P.M., was approved. END OF CONSENT CALENDAR 6-H: HONOR BOXES FOR BEACH PARKING LOT FEES: Presented was a staff report transmitting a recommendation to direct City Attorney to prepare an ordinance change to Municipal Code Section 3202 relating to the deposit of beach parking lot fees into honor boxes. Discussion was held. Councilmember Genser moved to continue this item to a later date. The motion died for lack of a second. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby directing the city Attorney to prepare an ordinance change to Municipal Code Section 3202 in order to enable the Police to patrol beach parking lots for honor box violators. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Katz, Mayor Zane Finkel, Negative: Councilmember Genser Absent: Councilmember Reed 6-K: HAZARDOUS MATERIALS RELEASE RESPONSE PLANS AND INVENTORY: Presented was a staff report transmitting a recommendation to direct the City Attorney to amend Chapter 5 of Section 5 of the Santa Monica Municipal Code relating to Hazardous Materials Release Response Plans and Inventory. Member of the public Joy Fullmer expressed her concerns regarding the proposed amendment. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby directing the City Attorney to prepare the amendment to Chapter 5 of Section 5 of the Municipal Code. 3 March 27, 1990 70 Second by Councilmember Abdo. following vote: Council vote: Affirmative: Councilmember Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane The motion was approved by the Absent: Councilmember Reed 7-A: WEED AND RUBBISH ABATEMENT CONTRACT: Presented was a staff report and a public hearing on the intention to abate weeds and rubbish and to award the abatement contract to Gary's Lot Cleaning in the amount of $37,730 including contingencies. At 8:12 p.m., Mayor Zane opened the public hearing. There being no one wishing to speak, Mayor Zane closed the public hearing. Councilmember Katz moved to approve the staff recommendation and award Contract No. 5496(CCS) to Gary's Lot Cleaning in the amount of $37,730 including contingencies. Second by Mayor Pro Tempore Finkel. The motion was approved by following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: Councilmember Reed 7-B: GUTTER CONSTRUCTION/STREET RESURFACING ASSESSMENT: Presented was a staff report and a public hearing on the establishment of an assessment district for the construction of concrete gutters and street resurfacing on various city streets. Mayor Zane opened the public hearing at 8:15 p.m. Member of the pUblic Bruce Friedman spoke in opposition to the assessment for street resurfacing on 12th Street. There being no one else wishing to speak, Mayor Zane closed the public hearing at 8:17 p.m. Discussion was held. Mayor Pro Tempore Finkel moved to approve the staff recommendation, acknowledge protests received, and adopt Resolution No. 7999 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET RESURFACING ON VARIOUS CITY STREETS ALL WITHIN THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof. Second by councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: Councilmember Reed 7-C: PROPOSED AMENDMENT TO THE HOUSING ELEMENT: Presented was a staff report and public hearing on a proposed amendment to the Housing Element of the General Plan. Council asked questions of staff. At 9:08 p.m., Mayor Zane opened the public hearing. Joy Fullmer, Kelvin Jones, Suzanne Abrescia, Sylvia Schniad, James Mount, Paul DeSantis, Kathleen Weremiuk, Gaye Deal, Vivian Rothstein, Leonard Abrescia, spoke in support of the proposed 4 March 27, ~99a 71 amendment. Archie Arzooyan expressed his concerns regarding the proposed amendment. James Baker and Donna Al varez spoke in opposition to the proposed amendment. Councilmember Katz moved to hear from a member of the pUblic who submitted his request to speak after the item had been called. Second by Councilmember Genser. The motion was unanimously approved, Councilmember Reed absent. Paul Rosenstein spoke in support of the proposed amendment. At 9:55 p.m., Mayor Zane closed the public hearing. Discussion was held. At 10:00 p.m., council adjourned for a short recess, and returned at 10: 15 p.m., with all members present, except Councilmember Reed. Mayor Zane moved to close the public hearing and continue Council's consideration of this item to the meeting of April 3, 1990. Second by councilmember Katz. The motion was unanimously approved, Councilmember Reed absent. 8-A: TENANT RELOCATION ASSISTANCE: Presented was a staff report transmitting an ordinance for adoption and second reading amending Santa Monica Municipal Code section 4853 and 4856 relating to tenant relocation assistance, introduced March 13, 1990. Councilmember Abdo moved to approve the staff recommendation and adopt Ordinance No. 1518 (CCS) entitled: I1AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4853 AND 4856 RELATING TO TENANT RELOCATION ASSISTANCE," 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, Ganser, Jennings, Mayor Zane Negative: Councilmember Katz Absent: Councilmember Reed Councilmember Katz requested that the record reflect that he was opposed to this action because he feels that it is punitive rather than substantive, that tenants can only be protected through the cessation of Ellis, and further, that vacancy decontrol would help solve the problem. 8-B: INCLUSIONARY HOUSING PROGRAM: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 9420, 9421, 9422, 9423, 9424, 9427, 9428 and 9429 relating to the Inclusionary Housing Program. Mayor Zane moved to continue the public hearing and Council's consideration of this item to the meeting of April 3, 1990. Second by Mayor Pro Tempore Finkel. The motion to continue was unanimously approved, Councilmember Reed absent. 5 March 27, 1990 72 IO-A: COMMISSION ON OLDER AMERICANS/STATE ALCOHOL TAX INITIATIVE: 10-B: SOCIAL SERVICES COMMISSION/STATE ALCOHOL TAX INITIATIVE: Presented were the requests of the Commission on Older Americans, and the Social services Commission to address council regarding support for the proposed State Alcohol Tax Initiative. Mayor Pro Tempore Finkel moved to consolidate Items 10-A, and 10-B. Second by councilmember Abdo. The motion was unanimously approved, Councilmember Reed absent. Mildred Rosenstein addressed Council on behalf of the Social Services Commission and urged Council's support of the proposed initiative. Councilmember Katz moved to express council's support of the State Alcohol Tax Initiative. Second by Mayor Zane. The motion was unanimously approved, councilmember Reed absent. II-A: CAROUSEL FEES: Presented was a staff report transmitting a resolution amending Section l(J) of Resolution 6807 (CCS) pertaining to the fees for use of the Santa Monica Pier and Carousel. Council asked questions of staff. Councilmember Katz moved to approve the staff recommendation and adopt Resolution No 8000 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION l(J) OF RESOLUTION NUMBER 6807(CCS) PERTAINING TO FEES FOR USE OF THE SANTA MONICA PIER AND CAROUSEL," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: Councilmember Reed ll-B: REVISED BUSINESS LICENSE TAX ORDINANCE: Presented was a staff report transmitting a recommendation to direct the City Attorney to draft a revised business license tax ordinance. Council asked questions of staff. Mayor Pro Tempore Finkel moved to approve the staff recommendation and direct the City Attorney to prepare a revised Business License Tax Ordinance in accordance with the provisions of the staff report and Attachment I, dated March 27, 1990, and to return to the Council on April 24, 1990, for first reading of the ordinance. Second by Councilmember Genser. The motion was unanimously approved, councilmember Reed absent. 11-C: CLOSED SESSION: Not held. 12-A: PLANNING COMMISSION APPEAL/CONDOMINIUM/643 RAYMOND AVENUE: Presented was an appeal of Planning Commission approval of a Conditional Use Permit 89-050 to permit a four unit condominium at 643 Raymond Avenue. Appl icant : Ranj it Chana. Appell ant: Derek Lenington. At 10:45 p.m., Mayor Zane was excused from the remainder of the meeting and Mayor Pro Tempore Finkel assumed the chair. Mr. Lenington addressed Council in support of the appeal. William Dale Brantley addressed council in support of the 6 March 27, 1990 73 applicant. Members of the public Tina Scott, Ken Scott, and Mira Muller addressed Council in support of the appeal. Mr. Lenington spoke in rebuttal to remarks made by Mr. Brantley on behalf of the applicant. Discussion was held. Councilmember Genser moved to deny the appeal: and to add an additional condition to the ones approved by the Planning Commission that would instruct the Architectural Review Board, when this project is presented before the board, to pay particular attention to the scale, massing, and design elements of the proposed structure, and modify the structure as the board deems appropriate to relate harmoniously to that block of Raymond Avenue. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz Negative: councilmember Jennings Absent: councilmember Reed, Mayor Zane Councilmember Jennings requested the record to reflect that his reason for voting "no" is that he does not believe that this design and this project are compatible with the neighboring uses. 13-A: SANTA MONICA HIGH SCHOOL ASSOCIATED STUDENT BODY/SPRINGFEST: The request of the Santa Monica High School Associated Student Body to representatives to address Council regarding its third annual Springfest on May 18 - 20, 1990, was considered earlier in the meeting as Item 4-A. 13-B: MICHAEL GINSBURG/CASA MONICA APARTMENTS: the request of Michael Ginsburg to address Council Casa Monica apartment building at 1032 7th Street. addressed Council. No Council action was taken. Presented was regarding the Mr. Ginsburg 13-C: LOUISE GABRIEL/SANTA MONICA HISTORICAL SOCIETY MUSEUM OF HISTORY AND CULTURE: Presented was the request of Louise Gabriel to address City Council regarding support for the relocation and funding for the Santa Monica Historical Society Museum of History and Culture. Mayor Pro Tempore Finkel moved to refer this item to the Cultural and Recreation Services Department for an evaluation, with a view towards making any appropriate recommendations to Council. Second by Councilmember Katz. The motion was unanimously approved, Councilmember Reed and Mayor Zane absent. 14-A: APPOINTMENT OF A MEMBER TO THE COMMISSION ON THE STATUS OF WOMEN: Presented was the matter of the appointment of a member to the Commission on the Status of Women. Mayor Pro Tempore Finkel opened the floor to nominations. councilmember Abdo nominated Laurie Newman. Seeing no other nominations, Mayor Pro Tempore Finkel closed the floor to nominations. councilmember Genser moved to appoint Ms. Newman by acclamation. Second by Councilmember Katz. The motion was unanimously approved, 7 March 27, 1990 74 Councilmember Reed and Mayor Zane absent. Laurie Newman was thereby appointed to the Commission on the status of Women for a term ending June 30, 1991. 14-B: INCREASING CONDOMINIUM TAX: The request of Mayor Zane to discuss increasing condominium tax was continued to April 3, 1990, at Council's consent. 14-C: INCREASING HOUSING AND PARK FEES ON COMMERCIAL DEVELOPMENT: The request of Mayor Zane to discuss increasing housing and park fees on commercial development was continued to April 3, 1990, at Council's consent. 14-0: STREAMLINING CITY COUNCIL MEETINGS: The request of Mayor Zane to discuss changes in City Council rules and procedures directed at streamlining Council meetings, was continued to the meeting of April 3, 1990, at Council's consent. 14-E: COOPERATIVE EFFORTS TO MEET EMERGENCY NEEDS DURING EARTHQUAKES: The request of Mayor Zane to discuss cooperative efforts with other California cities to meet emergency needs during earthquakes was continued to April 3, 1990, at Council's consent. 14-F: MAYOR ZANE/COUNCIL TRAVEL FUNDS/ART IN NATURE CONFERENCE: Presented was the request of Mayor Zane to discuss authorizing use of travel funds to attend the Art in Nature Conference in Santa Barbara, April 26 to 28, 1990. Councilmember Katz moved to approve the use of council travel funds by any Councilmember wishing to attend this conference. second by counci1member Genser. The motion was unanimously approved, councilmember Reed and Mayor Zane absent. 14-G: MAYOR PRO TEMPORE FINKEL/COUNCIL TRAVEL FUNDS/CONGRESS OF LOCAL GOVERNMENTS FOR A SUSTAINABLE FUTURE: Presented was the request of Mayor Pro Tempore Finkel to discuss authorizing use of travel funds to attend the Congress of Local Governments for a sustainable Future, in New York, September 5 to 8, 1990. Councilmember Katz moved to approve the use of Council travel funds for this purpose. Second by councilmember Genser. The motion was unanimously approved, Councilmember Reed and Mayor Zane absent. 14-H: SMOKING IN CITY HALL: Presented was the request of Councilmembers Abdo and Genser to discuss prohibiting smoking in City Hall and to direct staff to prepare ordinance. Councilmember Katz moved to direct the City Attorney to prepare an ordinance prohibiting smoking in City Hall. second by Councilmember Abdo. Discussion was held. The motion was unanimously approved, Councilmember Reed and Mayor Zane absent. 14-1: OUTSIDE COUNSEL/BALLOT TITLE AND SUMMARY/PROPOSED CHARTER AMENDMENT: Presented was the request of Councilmember Katz to discuss the appointment of an outside Counsel to prepare the 8 March 27, 1990 75 ballot title and summary for the proposed charter amendment entitled the "citizens Protective Act of 1990." Counci1member Katz moved to approve the retention of the firm of Richards, Watson, & Gershon to prepare the ballot title and summary for the proposed charter amendment. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz Absent: Councilmember Reed, Mayor Zane ADJOURNMENT: At 12: 10 a.m., Council adjourned this meeting to April 3, 1990, at 7:30 p.m., in memory of Angelo Perez, Tree Trimming supervisor with Parks Division. ATTEST: APPROVED: /~~~e- ps.-, 13~ Clarice E. City Clerk Dennis Zane Mayor 9 March 27, 1990