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M-2/13/1990 33 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 13, 1990 A regular meeting of the Santa Monica City council was called to order by Mayor Zane at 7:34 P.M., on Tuesday, February 13, 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 (arrived at 7:40 P.M.) Absent: councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers Assistant city Clerk Beth Holmes CLOSED SESSION: Not held. Councilmember Abdo led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. INSPIRATION: Maxine Manners provided a moment of inspiration by presenting the song "SANTA MONICA I." On the recommendation of City Manager Jalili, Council continued Item 8-C to the meeting of February 20, 1990. 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 Genser moved to approve the Consent Calendar, reading resolutions and 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, Jennings, Katz, Mayor Zane Absent: Councilmember Reed 6-A: MINUTES APPROVAL: meetings of January 16, amended. The City Council minutes for the and January 23, 1990, were approved as 6-B: WEIGHT LIMITATION ON CALIFORNIA INCLINE: Ordinance No. 1510{CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 3346 1 February 13, 1990 34 RELATING TO MAXIMUM WEIGHT ALLOWANCE ON THE CALIFORNIA INCLINE," was adopted, thereby lowering the maximum weight limitation of vehicles on the California Incline to 6,000 pounds. 6-C: WAITING PERIOD FOR PURCHASE OF LONG RIFLES: Ordinance No. 1511 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5B TO ARTICLE III OF THE SANTA MONICA MUNICIPAL CODE REQUIRING A FIFTEEN (15) DAY WAITING PERIOD BEFORE THE DELIVERY OF ANY RIFLE," was adopted. 6-D: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7968 (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-90- 158) , If thereby setting a public hearing for March 13, 1990, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets, was adopted. 6-E: HANDICAPPED PARKING ZONE: Resolution No. 7969 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 1638 FRANKLIN STREET," was adopted. 6-F: GRANT APPLICATIONS FOR SENIOR NUTRITION PROGRAM: Resolution No. 7970(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY PERSONS, II thereby authorizing the submittal of a grant application to the Los Angeles County Area Agency on Aging for funding in the amount of $149,062 for Fiscal Year 1990-91, was adopted. 6-G: QUITCLAIM OF ABANDONED EASEMENT AT 3201 WILSHIRE BOULEVARD: Resolution No. 7971 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF A QUITCLAIM DEED AT 320l WILSHIRE BOULEVARD, IN THE CITY OF SANTA MONICA, CALIFORNIA," thereby authorizing the city Manager to quitclaim an abandoned utility easement at 320l wilshire Boulevard, was adopted. 6-H: AUDITORIUM BOX OFFICE TRUST ACCOUNT: Resolution No. 7972 (CCS) entitled : "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT AND USE BY THE CIVIC AUDITORIUM OF A CHECKING ACCOUNT IN THE NAME OF AUDITORIUM BOX OFFICE TRUST ACCOUNT WITH FIRST INTERSTATE BANK," thereby including the Director of Cultural and Recreation services and the Director of Finance as authorized signers for the City of Santa Monica Civic Auditorium Trust Account, was adopted. 6-1: FINAL TRACT MAP 20868/CONDOMINIUM/2222 6TH STREET: ReSOlution No. 7973 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 20868," thereby approving Final Tract Map 20868 for a 4-unit condominium project at 2222 6th Street, was adopted. 2 February l3, 1990 35 6-J: FINAL TRACT MAP 47085/CONDOMINIUM/1019 GRANT STREET: Resolution No. 7974 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47085, II thereby approving Final Tract Map 47085 for a 5-unit condominium project at 1019 Grant Street, was adopted. 6-K: FINAL TRACT MAP TTM 47269/CONDOMINIUM/1057 4TH STREET: Resolution No. 7975 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVIS ION MAP FOR TRACT NO. 47269, " thereby approving Final Tract Map TTM 47269 for a 6-unit condominium project at 1057 4th street, was adopted. 6-L: RETIREMENT AND SALE OF POLICE SERVICE DOG: A recommendation to approved the retirement and sale of police service dog, Bill, to his handler, Officer Von Achen, for one dollar, was approved. 6-M: BRAKE BLOCKS, BRAKE SHOES, AND MISCELLANEOUS BEARINGS: Council awarded Bid No. 2262 to Universal Coach Parts, Inc. at specified unit prices to furnish and deliver non-asbestos Abex brake blocks, new brake shoes and miscellaneous Timkin bearings and Chicago Rawhide seals for the Transportation Department. 6-N: PAPER PRODUCTS: Council awarded Bid No. 2263 to unisource at specified unit prices to furnish and deliver toilet paper, toilet seat covers and paper towels for various departments. 6 -0: CAB AND CHASSIS WITH REFUSE COLLECTION BODY: council awarded Bid No. 2264 to Fred M. Boerner Motor Co. in the amount of $45,242.78 to furnish and deliver one 13,250 gross vehicle weighted rate cab and chassis with 6-cubic yard side loading refuse collection body for the Solid Waste Management Division, General Services Department. 6-P: VEHICLE FUELS AND LUBRICANTS: Council awarded Bid No. 2265 to Gasco Gasoline, Inc., Union oil Company, Chevron USA, Inc., and Sunbelt oil Company at specified unit prices to furnish and deliver vehicle fuels and lubricants for various departments. 6-Q: BINATIONAL AIDS CONFERENCE: Council approved the allocation of $5,000 to Latino Resource organization for June 1990 binational AIDS conference to be hosted in Santa Monica. 6-R: BALLFIELD LIGHTS: council approved Contract No. 5485(CCS) to Dewco General Contractors and Developers in the amount of $194,825.00, including contingencies, for the installation of ballfield lights at Clover Park, contingent on FAA approval. 6-S: LIBRARY IMPROVEMENT BONDS: Resolution No. 7976(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $4,500,000 GENERAL OBLIGATION BONDS OF SAID CITY TO FINANCE THE COST OF ACQUISITION AND IMPROVEMENT OF LAND FOR PARKING AND/OR ADDITIONAL IMPROVEMENTS FOR THE SANTA MONICA PUBLIC LIBRARY MAIN BRANCH, II 3 February 13, 1990 36 and Resolution No. 7977 (CCS) entitled: "A RESOLUTION OF THE SANTA MONICA CITY COUNCIL AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF GENERAL OBLIGATION BONDS OF SAID CITY," thereby authorizing the issuance of $4.5 million in General Obligation Library Improvements Bonds and inviting proposals for bids concerning the purchase of such bonds, were adopted. 6-T: EIR/NORTH OF WILSHIRE REZONING: A recommendation to authorize the city Manager to negotiate and execute Contract No. 5486(CCS), an agreement with Richard Morehouse Associates in the amount of $78,650 for the preparation of an Environmental Impact Report on the proposed North of Wilshire Rezoning, Rate and Standards Program, was approved. 6-U: FDIC REGULATIONS: Resolution No. 7978 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN OPPOSITION OF PROPOSED FDIC REGULATIONS [12 C.F.R. 330.12 (e)J," thereby opposing proposed FDIC regulations limiting FDIC insurance on deferred compensation plans, was adopted. END OF CONSENT CALENDAR 7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs. Mayor Zane opened the public hearing. There being no one wishing to speak, Mayor Zane closed the public hearing. Mayor Pro Tem Finkel moved to adopt Resolution No. 7979 (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-89-156/157)," 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, Genser, Jennings, Katz, Mayor Zane Absent: councilmember Reed 8-A: NON-RESIDENTIAL AND HOTEL DEVELOPMENT MORATORIUM: Presented was a staff report transmitting an ordinance for introduction and first reading extending the citywide moratorium on non-residential and hotel development for an additional ten months and 15 days. Council asked questions of staff. At 8:14 P.M., Mayor Zane declared the public hearing opened. Members of the public Joy Fullmer, Laurel Roennau, Eric Chen, Michael Brourman, Donald Nelson, and Merritt Coleman spoke in support of the extension of the moratorium. Members of the public Ken Kutcher, Joseph Palazzolo, and Duane Nightingale spoke in opposition of the extension of the moratorium. Councilmember Genser moved to hear late speakers. Second by Councilmember Katz. The motion was unanimously approved. Members of the public Suzanne Brewer and John Kaufman spoke in support of the extension of the moratorium. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 8:50 P.M. Councilmember Abdo moved to approve the staff recommendation and 4 February 13, 1990 37 introduce for first reading, an ordinance enti tIed: II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT ,II reading by title only and waiving further reading thereof. Second by Councilmember Genser. councilmember Genser moved to amend the proposed ordinance to reduce the allowable development thresholds for medical office uses by one-third in all districts. Second by Mayor Pro Tem Finkel. Discussion was held. The motion to amend the ordinance failed by the following vote: council vote: Affirmative: Councilmembers Mayor Zane Jennings, Genser, Negative: Councilmembers Abdo, Finkel, Katz Absent: Councilmember Reed Mayor Pro Tem Finkel requested the record to reflect that he is not necessarily against the amendment but feels that it is unclear and would prefer to return after some statistics are compiled. Councilmember Abdo's motion to approve the staff recommendation and introduce the ordinance for first reading was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: councilmember Reed Mayor Pro Tem Finkel moved to direct staff to return with recommended exemption thresholds for medical office development. Second by councilmember Genser. Councilmember Katz moved to amend the motion to request quarterly reports from staff concerning the level of medical office development in the City. The amendment was accepted as friendly. The motion, as amended, was approved, Councilmember Reed absent. 8-B: WATER METERS: Presented was a staff report transmitting an ordinance for introduction and first reading amending Section 7211.5 of the Santa Monica Municipal Code requiring installation of individual water meters for each unit of new mUlti-family residential construction. Mayor Zane opened the pUblic hearing at 9: 15 P.M. Members of the public Joy Fullmer and Forrest Chadwick spoke in opposition to the ordinance. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 9:20 P.M. Councilmember Katz moved to approve the staff recommendation, and introduce for first reading an ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7211.5 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO METER REQUIREMENTS FOR NEW MULTI-FAMILY RESIDENTIAL CONSTRUCTION," reading by title only and waiving further reading thereof. Second by Councilmember ADdo. 5 February 13, 1990 38 Discussion was held. The motion was approved by the following vote: council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Absent: Councilmember Reed 8-C: LOCAL COASTAL PROGRAM/LOW COST LODGING ACCOMMODATION FEES: The introduction and first reading of an ordinance implementing Policy 45 of the City of Santa Monica Draft Local Coastal Program establishing mitigation fees for the removal of low cost lodging accommodations in the Santa Monica Coastal Zone was continued to the meeting of February 20, 1990. 8-D: CLARIFICATION OF OCEAN PARK ZONING ORDINANCE: Presented was a staff report transmitting an ordinance for introduction and first reading implementing revisions to clarify the Ocean Park Zoning Ordinance. Mayor Zane opened the pUblic hearing at 9:24 P.M. Member of the public Joy Fullmer expressed her concerns. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 9:26 P.M. Councilmember Genser moved to approve the staff recommendation and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING ORDINANCE NUMBER 1496(CCS) ESTABLISHING DEVELOPMENT STANDARDS IN THE OCEAN PARK AREA," 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 8-E: TENANT RELOCATION ASSISTANCE ORDINANCE: Presented was a staff report transmitting an ordinance for introduction and first reading amending Chapter 8B of Article IV of the Santa Monica Municipal Code relating to tenant relocation assistance. Council asked questions of staff. Mayor Zane opened the public hearing at 9: 39 P.M. Members of the public J. L. Jacobson, Donald Howland, Forrest Chadwick, R. J. Garrett, Tom Nitti, John Jurenka, James Baker, and Leah Mendelsohn spoke in opposition to the proposed ordinance. Members of the public Joy Fullmer, Brad Jones, and Donald Nelson spoke in support of the proposed ordinance. There being no one else wishing to speak, Mayor Zane closed the public hearing at 10: 15 P.M. Mayor Pro Tem Finkel moved to approve the staff recommendation, and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 8B OF ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE RELATING TO TENANT RELOCATION ASSISTANCE," reading by title only and waiving further reading thereof. Second by Councilmember Genser. Discussion was held. The motion was approved by the following vote: 6 February 13, 1990 39 council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Negative: Councilmember Katz Absent: councilmember Reed Councilmember Katz requested the record reflect his concern that timing of this item did not allow for a fair hearing. At 10:30 P.M., Council adjourned for a short recess. At 10:56 P.M., Council reconvened with all members present. ll-A: RECYCLING OZONE-DEPLETING COMPOUNDS: A recommendation to direct the City Attorney to prepare an ordinance which requires the phasing out or recycling of ozone depleting compounds was continued to the meeting of February 20, 1990. 12-A: APPEAL OF LANDMARK COMMISSION/1253-1255 11TH STREET: Presented was an appeal of Landmarks Commission's decision against formally considering the landmark designation of LC014-037, 1253-1255 11th Street, two single family California bungalows. Appellant: Councilmember David Finkel. Council asked questions of staff. Susan Suntree, speaking on behalf of the appellant, expressed the appellant's desire to address Council next week should Council continue this item. councilmember Genser moved to continue the public hearing to next week and to hear from any other speakers who wish to speak on this item tonight. Second by Councilmember Katz. Discussion was held. Syd Jurin and Susan Suntree, speaking on behalf of the appellant, stated their support of the appeal. Council asked questions of appellants. Rosario Perry, speaking on behalf of the applicant, stated his opposition to the appeal. city Attorney Myers stated that the appeal should be disapproved because time period for the appeal had lapsed. Discussion was held. Mayor Pro Tem Finkel moved to deem the appeal moot. 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 At this time, Councilmembers Jennings and Katz were excused from the remainder of the meeting. councilmember Genser moved to extend the meeting past 11:00 P.M. and continue all items except 13-C to the meeting of February 20, 1990. Second by councilmember Abdo. The motion was approved, Councilmembers Jennings, Katz, and Reed absent. 12-B: APPEAL OF PLANNING COMMISSION/CUP 89-028/476 18TH STREET: The appeal of Planning Commission I s denial of CUP 89-028 to construct a two-story accessory building at 476 18th street was continued to the meeting of February 20, 1990. 7 February 13, 1990 40 12-C: APPEAL OF PLANNING COMMISSION/CUP 89-080/ALCOHOL LICENSE/CAFE MONTANA: The appeal of Planning Commission approval of conditional Use Permit 89-080 to permit an alcohol license to allow the on-site sale and consumption of beer and wine within an existing 49-seat, full service restaurant was continued to the meeting of February 20, 1990. 13-A: BUSINESS LICENSE ASSESSMENT PENALTY: The request of Fred Hoffman to address Council regarding protesting business license assessment penalty was continued to the meeting of February 20, 1990, at the request of Mr. Hoffman. 13-B: CALIFORNIA FUND FOR SENIORS: The request of Dan cohen to address Council regarding the need for support for the California Fund for seniors in the upcoming income tax filing period was continued to the meeting of February 20, 1990. 13-C: JOHN JURENKA/SPECIAL ELECTION: Presented was the request of John Jurenka to discuss the special election to elect a Rent Control Board member and a change of charter to expand the Board from five to 7 members. Mr. Jurenka addressed Council. No action was taken on Mr. Jurenka's request. l4-A: PURCHASE OF "ZIMMERMAN PROPERTY" : The request of Councilmember Katz to discuss the consideration of the purchase of the "Zimmerman Property" and the acquisition price was continued to the meeting of February 20, 1990. 14-B: INSTALLATION OF DEDICATED TELEPHONE LINES: Councilmember Jenningsl request to discuss the installation of dedicated telephone lines in Councilmernbers' homes for City council computers was continued to the meeting of February 20, 1990. 14-C: REAGENDIZING PRESENTATION OF ELECTED BOARDS: The request of councilmember Jennings to discuss reagendizing presentation of elected Boards from "10" items to "4" items was continued to the meeting of February 20, 1990. 14-D: APPOINTMENT OF MEMBER TO HOUSING COMMISSION: The appointment of a member to the Housing Commission was continued to the meeting of February 20, 1990. 14-E: RESIGNATION/GUADALUPE CASTRO/COMMISSION ON THE STATUS OF WOMEN: The acceptance of a letter of resignation of Guadalupe Castro from the Commission on the status of Women and authorization to City Clerk to publish a notice of vacancy was continued to the meeting of February 20, 1990. 14-F: PARKING OF MOTORCYCLES AND MOTOR SCOOTERS: The request of Councilmember Reed to discuss a law covering the parking of motorcycles and motor scooters was continued to the meeting of February 20, 1990. 14-G: MEETING OF REGIONAL CITIES: The request of Mayor Zane to discuss a proposal for a meeting of regional cities proposed for 8 February 13, 1990 41 February 22, 1990, by the city of Beverly Hills was continued to the meeting of February 20, 1990. 14-H: REPORT OF PRESIDENTIAL TASK FORCE ON OFF-SHORE OIL DRILLING: The request of Mayor Zane to discuss concerns regarding the Report of the Presidential Task Force on Off-shore oil Drilling was continued to the meeting of February 20, 1990. 11-B: CLOSED SESSION: At 12:10 A.M., Council adjourned to Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the City as follows: Bernards Bros. v. City of Santa Monica; City of Santa Monica v. Bernards Bros. and Solberg + Lowe, Los Angeles Superior Court Case No. C727 047; O'Herlihy v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 120 849. At 12:17 A.M., Council reconvened. Mayor Pro Tempore Finkel moved to approve an arbitration award in the case of Q'Herlihy v. City of Santa Monica in the amount of $25,514.10. Second by Mayor Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: councilmembers Jennings, Katz, Reed ADJOURNMENT: At 12:20 A.M., the City Council meeting was adjourned in memory of Cecilia Pfeiffer to February 20, 1990. ATTEST: APPROVED: ~ -'" ~: _ J- i )\ .: J.. I/:j A~/;-/+-~ d ,/ Beth Holmes Assistant city Clerk ~/S~ Dennis Zane Mayor 9 February 13, 1990