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M-3/13/1990 (3) 57 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 13, 1990 A meeting of the Santa Monica city Council was called to order by Mayor Zane at 6:25 P.M., on Tuesday, March 13, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmernber Ken Genser Councilmember Herbert Katz (arrived at 6:40) Councilmember Christine E. Reed Absent: Councilmember William H. Jennings Also Present: city Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen STUDY BESS ION: At 6: 25 P. M., Council adj ourned to a Study Session for the purpose of considering a proposed increase in the Business License Tax. Discussion was held. CLOSED SESSION: At 7:10 P.M., Council adjourned to Closed Session for the purpose of considering the following pending litigation: Yoakum, et al. v. City of Santa Monica, superior Court Case No. WEC 101 646. At 7:30 P.M., Council reconvened. No action was announced from Closed Session. Candice Dunlap of Campfire Kids led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: PROCLAMATION CAMP FIRE BIRTHDAY WEEK: presented a proclamation naming the week of March March 18, 1990, "Camp Fire Birthday Week. II Mayor Zane 12 through INSPIRATION: The Santa Monica High School Madrigal Singers presented a moment of inspiration by performing a medley of Ira Gershwin songs from the upcoming "stairway to the Stars, II March 22 and 23, 1990. 4-B: PROCLAMATION EARTH DAY: Mayor Zane presented a proclamation naming April 22, 1990, "Earth Day" in Santa Monica and announced a month-long program of environmental awareness activities. 1 March 13, 1990 58 CITY COUNCIL/REDEVELOPMENT AGENCY/PARKING AUTHORITY SPECIAL JOINT MEETING: At 7: 50 P.M., Mayor/Chairperson Zane convened a special joint meeting of the Santa Monica City Council, Redevelopment Agency, and Parking 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 Herbert Katz Agency Member Christine E. Reed Absent: Agency Member William H. Jennings 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 Herbert Katz Authority Member Christine E. Reed Absent: Authority Member William H. Jennings Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen city Council Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser Councilmember Herbert Katz Councilmember Christine E. Reed Absent: Councilmember William H. Jennings Also Present: city Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Mayor Zane introduced the members of Boy Scout Troop 23 who were present in the audience. RA-l: REDEVELOPMENT AGENCY MINUTES: Presented for approval were the Redevelopment Agency minutes of January 9, 1990. Agency Member Genser moved to approve the minutes as presented. Second 2 March 13, 1990 59 by Chairperson Pro Tempore Finkel. The motion was unanimously approved, Agency Member Jennings absent. PA-l: PARKING AUTHORITY MINUTES: presented for approval were the Parking Authority minutes of January 9, and January 30, 1990. Chairperson Pro Tempore Finkel moved to approve the minutes as presented. Second by Authority Member Reed. The motion was unanimously approved, Authority Member Jennings absent. CC/PA-2: LANDSCAPE MAINTENANCE: Presented was a staff report recommending the award of Bid No. 2269 to Landscape West, Inc. for landscape maintenance in the amount of $63,999.96 per year for the Parks Division, cultural and Recreation Services and in the amount of $7,500.00 per year for the Parking Authority. Authority Member Reed moved, on behalf of the Parking Authority, to approve the staff recommendation thereby awarding Bid No. 2269 to Landscape West, Inc. for landscape maintenance in the amount of $7,500.00 per year. Second by Authority Member Katz. Discussion was held. The motion was approved by the following vote: Parking Authority vote: Affirmative: Authority Members Abdo, Finkel, Katz, Reed, Chairperson Zane Negative: Authority Member Genser Authority Member Jennings Absent: Mayor Pro Tempore Finkel moved, on behalf of the city Council, to approve the staff recommendation thereby awarding Bid No. 2269 to Landscape West, Inc. for landscape maintenance in the amount of $63,999.96 per year for the Parks Division, Cultural and Recreation Services. Second by Councilmember Reed. The motion was approved by the following vote: City council vote: Affirmative: Councilmembers Abdo, Finkel, Katz, Reed, Mayor Zane Negative: Councilmember Genser Absent: Councilmember Jennings CC/RA/PA-3: MID-YEAR BUDGET CHANGES / REVISED GANN APPROPRIATIONS LIMIT / LOAN TO AIRPORT FUND / PERSONNEL ACTIONS: Presented was a staff report recommending the approval of Mid-Year budget revenue and expenditure changes; resolution approving the City's revised FY1989-90 Gann Appropriations Limit; recommendation to approve loan to the Airport Fund; and resolution requesting personnel actions. council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Genser moved, on behalf of the City Council, to approve the staff recommendation and adopt Resolution No. 7984(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 3 March 13, 1990 60 1989-90; fI Resolution No. 7985 (CCS) entitled: t1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE GANN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1989-90;t1 Resolution No. 7986 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE CLASSIFICATIONS OF PERSONNEL ANALYST AND LIBRARY INSPECTOR; n 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 Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings Authority Member Genser moved, on behalf of the parking Authority, to approve the staff recommendation and adopt Resol ution No. 212 (PAS ) entitled: II A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1989-90," 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: Affirmative: Authority Members Abdo, Finkel, Genser, Katz, Reed, Chairman Zane Absent: Authority Member Jennings Agency Member Genser moved, on behalf of the Redevelopment Agency to approve the staff recommendation and adopt Resolution No. 430 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA AMENDING THE BUDGET FOR THE FISCAL YEAR 1989-90," reading by title only and waiving further reading thereof. Second by Chairperson Pro Tempore Finkel. The motion was approved by the following vote: Redevelopment Agency vote: Affirmative: Agency Members Abdo, Finkel, Genser, Katz, Reed, Chairman Zane Absent: Agency Member Jennings At 8:40 P.M., the joint meeting of the city council, Redevelopment Agency, and Parking Authority was adjourned and the regular City council meeting was reconvened. Mayor Pro Tempore Finkel moved to add Items 14-B and l4-C to the agenda. Second by Councilmember Katz. The motion was unanimously approved, councilmember Jennings absent. 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-E, 6-N, and 6-0, reading resolutions and 4 March 13, 1990 61 ordinances by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the fOllowing vote: council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 6-A: MINUTES APPROVAL: The city Council minutes for the meetings of February 13, and February 20, 1990, were approved as presented. 6-B: REVOLVING DOOR ORDINANCE/RENT CONTROL BOARD: Ordinance No. 1517 (CCS) enti tIed: II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 1.5 OF THE SANTA MONICA MUNICIPAL CODE, SECTIONS 2150 THROUGH 2157, TO INCLUDE RENT CONTROL BOARD COMMISSIONERS AND CERTAIN EMPLOYEES OF THE RENT CONTROL BOARD AS PERSONS SUBJECT TO THE CITY I S REVOLVING DOOR ORDINANCE, II was adopted. 6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7987(CCS) entitled: IIA 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-90-159),1I was adopted,thereby setting a pUblic hearing for April 10, 1990, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. 6-D: SALARY CLASSIFICATION SPECIFICATIONS/REPROGRAPHICS SPECIALIST I AND REPROGRAPHICS SPECIALIST II: Resolution No. 7988 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE CLASSIFICATIONS OF REPROGRAPHICS SPECIALIST I AND REPROGRAPHICS SPECIALIST II," was adopted. 6-F: CAB AND CHASSIS: Council awarded Bid No. 2266 to Dew-Par Sales and Service in the amount of $60,322.61 to furnish and deliver one 22,000 Gross Vehicle Weight Rated Cab and Chassis with side loading refuse packer body. 6-G: AIR, OIL, AND FUEL FILTERS/TRANSPORTATION DEPARTMENT: Council awarded Bid No. 2268 to Flxible Corporation at specified unit prices to furnish and deliver miscellaneous air, oil, and fuel filters for coaches for the Transportation Department. 6-H: AUTO, TRUCK, AND BUS BATTERIES/VARIOUS DEPARTMENTS: Council awarded Bid No. 2270 to Keystone Batteries at specified unit prices to furnish and deliver auto, truck and bus batteries for a oneyear period for various departments. 6-1: REGIONAL CITIES' MEETINGS: Council approved the allocation of $3,000 from the non-departmental contingency account to support continuation of Regional Cities' meetings. 5 March 13, 1990 62 6-J: VACATION OF A PORTION OF EUCLID COURT: Resolution No. 7989 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF EUCLID COURT BETWEEN OLYMPIC BOULEVARD AND SANTA MONICA FREEWAY, IN THE CITY OF SANTA MONICA, CALIFORNIA," was adopted. 6-K: LANDFILL COMPLIANCE PROGRAM/GAS RECOVERY FEASIBILITY STUDY: The recommendation to authorize the City Manager to negotiate and execute a contract with Dames and Moore Consulting Engineers to conduct a Landfill Compliance Program and Gas Recovery Feasibility Study of the closed Santa Monica landfill was withdrawn at the request of staff. 6-L: STREET AND BEACH PARKING LOTS RESURFACING PROGRAM: Contract No. 5491(CCS) was awarded to Shawnan Corporation in the amount of $1,335,336.00, including contingencies, for 1989-90 Street and Beach parking Lots Resurfacing Program. 6-M: FINAL TRACT MAP 46811/CONDOMINIUM PROJECT/127 STRAND AVENUE: Resolution No. 7990(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46811," was adopted, thereby approving Final Tract Map 46811 for a 6-unit condominium project at 127 Strand Avenue (address change 12/27/89, 2222 Neilson Way) . 6-P: INSTALLATION OF STREET LIGHTS/VARIOUS CITY STREETS*: Contract No. 5492 (CCS) was awarded to paxin Electric, Inc., as the lowest responsible bidder, in the amount of $348,475.00 for the installation of street lights on various city streets. 6-Q: FINAL TRACT MAP 21441/CONDOMINIUM PROJECT/1510 PRINCETON STREET: Resolution No. 7991(CCS} entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21441," was adopted thereby approving Final Tract Map 21441 for a 4-unit condominium project at 1510 Princeton Street. END OF CONSENT CALENDAR 6-E: BEACH CONCESSION CONTRACT WITH PIZZA WORKS, INC.: Presented was a recommendation to authorize the city Manager to negotiate and execute a modification to beach concession Contract No. 5020 (CCS) with Pizza Works, Inc. Councilmember Katz initiated discussion and moved to authorize the City Manager to negotiate and execute a modification to beach concession Contract No. 5020(CCS) with Pizza Works, Inc. Second by Mayor Pro Tern Finkel. Council asked questions of staff. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 6 March 13, 1990 63 6-N: STATEMENT OF OFFICIAL ACTION/CUP 89-080/1534 MONTANA AVENUE: Presented was a staff report recommending that Council certify the statement of Official Action for the Denial of the Appeal of Planning Commission Approval of CUP 89-080 to permit an alcohol license to allow the on-site sale and consumption of beer and wine within an existing, fUll-service, 49-seat restaurant located at 1534 Montana Avenue. Discussion was held. councilmember Katz moved to certify the statement of Official Action. Second by Mayor Pro Tem Finkel. The motion was approved by the following vote: council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane Negative: Councilmember Reed Absent: Councilmember Jennings Councilmember Reed requested that the record reflect that she voted "no" on this item because she does not believe that Council can waive the Zoning Code requirements in the manner in which they contemplate with this action. 6-0: CABLE COMMUNICATIONS POLICY ACT OF 1984: Presented was a staff report transmitting a recommendation to support legislative changes to the Cable Communications Policy Act of 1984. councilmember Abdo moved to approve support of revisions to the Cable Communications policy Act of 1984. Second by councilmember Katz. Mayor Pro Tempore Finkel moved to amend the motion by deleting from the staff recommendaiton, the words Itby permitting telephone companies' entry to provide cable services It from the staff report and in lieu thereof make the following changes: before the word subject, insert the word Itand", change the word subject to "subjecting", and after the word subjecting insert the words "that industrylt. The amendment was accepted as friendly. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 7-A: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff report and a public hearing on the assessment of costs to repair damaged sidewalks, driveways, and curbs. At 9:07 P.M., Mayor Zane declared the public hearing opened. There being no one wishing to speak, Mayor Zane declared the public hearing closed. Councilmember Katz moved to approve the staff recommendation and adopt Resolution No. 7992 (CCS) entitled: nA 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-89-158), " reading by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: 7 March 13, 1990 64 council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: councilmember Jennings 8-A: TENANT RELOCATION ASSISTANCE: Presented was a staff report transmitting an ordinance for introduction and first reading amending santa Monica Municipal Code Sections 4853 and 4856 relating to tenant relocation assistance. At 9:08 P.M., Mayor Zane declared the public hearing opened. Member of the public Joy Fullmer expressed her concerns. There being no one else wishing to speak, at 9:12 P.M. Mayor Zane declared the public hearing closed. Mayor Pro Tempore Finkel moved to introduce for first reading an ordinance entitled: "AN 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 Reed. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane Negative: Councilmember Katz Absent: Councilmember Jennings Councilmember Katz requested the record to reflect that he voted "no" on this item because he feels that it is more punitive than it is substantive for what the goal is and feels that tenants can only be protected through the cessation of Ellis. Further, he feels that vacancy decontrol would help solve the problem. II-A: BEACH IMPROVEMENT PLAN: Presented was a staff report recommending authorization of City Manager to negotiate and execute a contract with POD/Sasaki for the preparation of the Beach Improvement Plan, from the pier south to Bay street. Council asked questions of staff. councilmember Katz moved to authorize the City Manager to negotiate and execute Contract No. 5493 (CCS) with POD/Sasaki for preparation of the Santa Monica state Beachfront Improvement Plan. Second by Mayor Zane. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane Negative: Councilmember Reed Absent: councilmember Jennings Councilmember Reed requested that the record reflect that she voted "no" on this item due to her concerns regarding the adequacy of the revenue sources for the ultimate construction work, which is why she voted against the design work. 8 March 13, 1990 65 I1-B: CLOSED SESSION: Not held. 12-A: APPEAL OF CONDITIONAL USE PERMIT/WAREHOUSE WITH UNENCLOSED ON-SITE PARKING/1713 EUCLID STREET: Presented was an appeal of Conditional Use Permit 89-070 to permit the construction of a 7,500 square foot warehouse with unenclosed on-site parking at 1713 Euclid street. Applicant/Appellant: Architect Glen Williams. Council asked questions of staff. Kevin Kozel, speaking on behalf of the applicant/appellant, spoke in support of the appeal and in opposi tion to two conditions imposed by the Planning commission in approving the warehouse project. Member of the public Joy Fullmer expressed her concerns. Discuss ion was held. Councilmember Katz moved to uphold the decision of the Planning Commission, to approve Conditional Use Permit 89-070 with the condition that the applicant be allowed to have the enclosed parking, as indicated on the revised drawings, and that the roll-up door on the east end be narrowed so that it is no greater than 7' wide and 81 high to allow access to forklifts. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: councilmember Jennings 13 -A: SANTA MONICA HISTORICAL SOCIETY MUSEUM OF HISTORY AND CULTURE: Louise Gabriel, of the Santa Monica Historical Society, withdrew her request to address City council regarding support for the relocation and funding for the Santa Monica Historical society Museum of History and Culture. 14-A: COMMISSION ON OLDER AMERICANS: Presented was the request of Mayor Pro Tempore Finkel to discuss auuthorizing the commission on Older Americans to communicate with elected officials and other public and private entities concerning issues of interest to senior citizens. Discussion was held. By consent of Council, this item was continued to the meeting of March 27, 1990, as a USn item. 14-B: OIL SPILL PREVENTION AND RESPONSE ACT: Presented was the request of Mayor Zane to discuss endorsement of AB2603, the oil spill Prevention and Response Act. Mayor Zane initiated discussion and moved to approve endorsement of AB2603. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. 14-C: MALATHION SPRAYING: Presented was the request of Mayor Zane to discuss opposition to malathion spraying. Mayor Zane initiated discussion and moved to urge that the City of Santa Monica go on record and communicate with the appropriate authorities that aerial spraying of malathion be halted and staff be directed to identify any other substantive actions which may be taken to make effective that opposition. Second by 9 March 13, 1990 66 councilmember Katz. Discussion was held. approved by the following vote: The motion was council vote: Affirmative: councilmembers Abdo, Finkel, Katz, Mayor Zane Abstain: Councilmembers Genser, Reed Absent: Councilmember Jennings 15. PUBLIC INPUT: Member of the public Joy Fullmer addressed Council regarding discrimination against single people, global warming, use of the media, and AIDS among children in Romania. ADJOURNMENT: At 10:05 P.M., the meeting was adjourned. ATTEST: APPROVED: Clarice E. city Clerk fJ~ I~G-<-~ Dennis Zane Mayor ~~M- 10 March 13, 1990