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M-3/29/1988 227 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 29, 1988 A special meeting of the Santa Monica City council was called to order by Mayor Conn at 5:40 p.m., on Tuesday, March 29, 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz councilmember David B. Finkel Councilmember William H. Jennings (entered during Closed session) Councilmember Alan S. Katz councilmember Christine E. Reed (entered at 5:41 p.m.) Councilmember Dennis Zane (entered at 5:41 p.m.) Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the City. At 5:40 p.m., Council adjourned to Closed Session to consider personnel matters and the following case: Burke and Golden v. city of Santa Monica, Santa Monica Superior Court Case No. WEC 077 521. At 7:30 p.m., Council reconvened with all members present. Mayor Conn announced that there was nothing to report from Closed Session. Mayor Conn led the assemblage in the pledge of allegiance to the United States of America. 4-A: HARMONY WEEK: Mayor Conn presented a proclamation declaring April 10-16 as Harmony Week in Santa Monica. The t10ceannaires" performed in salute to Harmony Week. 4-B: TREE CITY USA AWARD: Mayor Conn officially received the seventh Tree City USA Award, sponsored by the National Arbor Day Foundation and presented by the Los Angeles County Fire Department Forestry Division. CC/HA-1: SECTION 8 HOUSING AUTHORITY PROGRAM: A recommendation to approve in concept a plan to assume administration of the Section 8 Program, authorize a loan of $125,843 to the Housing Authority, and direct staff to proceed with the necessary staff recruitment was withdrawn at the request of the staff. 1 March 29, 1988 228 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Mayor Pro Tempore H. Katz moved to approve the Consent Calendar with the exception of the City Council minutes dated March 5 and March 8, 1988, from Item 6-A, reading resolutions by titles only and waiving further reading thereof. Second by councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of March 5 and 8, 1988, were withheld for further review. The minutes of March 15, 1988, were approved as written. 6-B: VACATION/FIRST COURT: Resolution No. 7585(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 FIRST COURT, IN THE CITY OF SANTA MONICA, CALIFORNIA, tI was adopted, thereby setting a public hearing for April 26, 1988. 6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7586 (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-88-109)," was adopted, thereby setting a public hearing for April 26, 1988. 6-0: PHYSICALLY HANDICAPPED ZONE/617 OCEAN: Resolution No. 7587 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 617 OCEAN AVENUE,It was adopted. 6-E: ALTERNATE RACE ROUTE/ST. MONICA'S CHURCH: Resolution No. 7588 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A RUNNING RACE ON OCTOBER 2, 1988 ON A ROUTE OTHER THAN THE OFFICIAL CITY ROUTES AND WAIVING THE $10,000 RACE FEE," was adopted, thereby approving the requested race date as submitted by st. Monica's Church; approving the proposed race route as set forth in the staff report dated March 29, 1988; waiving the race fee of $10,000; and stipulating that all inherent City costs, including POlice, be paid for by st. Monica's Church. 6-F: TREE ASSESSMENT DISTRICTS/WILSHIRE BOULEVARD: A recommendation to form a tree assessment district for Wilshire Boulevard from Ocean Avenue to centinela Avenue was approved; Resolution No. 7589 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT PUBLIC CONVENIENCE AND NECESSITY REQUIRE TREE PLANTING ON WILSHIRE BOULEVARD FROM 21ST STREET TO CENTINELA AVENUE AS SHOWN ON CITY DRAWING NO. 5683 IN THE CITY OF SANTA MONICA," was adopted, thereby setting a public hearing for May 24, 1988, for Wilshire Boulevard between 21st Street and Centinela Avenue; and Resolution No. 7590(CCS) 2 March 29, 1988 229 entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT PUBLIC CONVENIENCE AND NECESSITY REQUIRE TREE PLANTING ON WILSHIRE BOULEVARD FROM OCEAN AVENUE TO 21ST STREET AS SHOWN ON CITY DRAWING NO. 5683 IN THE CITY OF SANTA MONICA, II was adopted, thereby setting a public hearing for May 10, 1988, for Wilshire Boulevard between Ocean Avenue and 21st street. 6-G: RECREATION AND PARKS DEPARTMENT FEES: Resolution No. 7591 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NO. 6755(CCS) DECLARING ITS POLICY FOR THE USE OF FACILITIES OPERATED BY THE RECREATION AND PARKS DEPARTMENT OF THE CITY OF SANTA MONICA IN REGARD TO THE REGULATIONS FOR USING THE SAME AND THE CHARGING OF FEES FOR USING THE SAME," was adopted, thereby establishing new user fees for the Recreation and Parks Department. 6-H: EASEMENT/22ND COURT AND SANTA MONICA PLACE NORTH: Resolution No. 7592 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF AN EASEMENT FOR UTILITY PURPOSES ALONG TWENTY-SECOND COURT AND SANTA MONICA PLACE NORTH LOCATED BETWEEN ARIZONA AVENUE AND SANTA MONICA BOULEVARD," was adopted. 6-1: LIBRARY LITERACY PROGRAM: A recommendation to authorize the City Manager to apply for a grant totalling $125,000 from the California Literacy Campaign, administered by the California state Library, to establish a literacy program in the Library for English-speaking adults, to commence July 1, 1988, was approved. 6-J: SEDWAY COOKE/OCEAN PARK REZONING STUDY: A recommenation to authorize the City Manager to negotiate and execute Contract No. 5087 (CCS) in the amount of $160,770 with Sedway Cooke Associates to conduct a rezoning study for the Ocean Park neighborhood was approved. END OF CONSENT CALENDAR 7-A: APPLE SERVICES, INC./WEEDS AND RUBBISH ABATEMENT: Presented was a staff report and public hearing on the intention to abate weeds and rubbish and to award a contract to Apple Services, Inc., in the amount of $23,150. Discussion was held. The public hearing was declared opened. There being no one wishing to speak, the public hearing was declared closed. Councilmember Finkel moved to approve the staff recommendation, thereby awarding Contract No. 5088 (CCS) in the amount of $23,150 to Apple services, Inc., for weed and rubbish abatement; and authorizing the City Engineer to negotiate and authorize necessary change orders to complete additional work in accordance with the Cityrs Administrative Instructions. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 3 March 29, 1988 230 10-A: PERCENT FOR ART PROGRAM: Presented was a staff report recommending approval of the 1987-88 Art Plan for Percent for Art Program and expenditures totaling $230,951.. Councilmember A. Katz moved to hear from a member of the public (Reports of Commissions require two-thirds vote of Council to hear public input) . Second by councilmember Zane. The motion was unanimously approved. Joy Fullmer expressed concern regarding the expense of the artwork. Councilmember Finkel moved to approve the staff recommendation, thereby approving the 1987-88 Art Plan for the Percent for Art program and expenditures totaling $230,951 as proposed by the Arts Commission. Second by Mayor Pro Tempore H. Katz. counci1member Reed requested the record to reflect her concern about the size of the "Solar Web" and her personal obj ection to that particular piece because of its size and the proposed color. The motion was approved by the following vote: council vote: Unanimously approved 7-0 At the request of staff, Item 11-C was heard prior to Item ll-A. ll-C: UNDERWATER WORLD/AQUARIUM: Presented was a staff report recommending authorization for the City Manager to negotiate and execute an exclusive negotiating agreement and other necessary agreements with underwater World Company for development of an aquarium on a parcel adjacent to the Santa Monica Pier, and to authorize staff to prepare an Environmental Impact Report and conduct public workshops and hearings. Discussion was held. Member of the public Russ Barnard spoke in support of the project. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby: (1) authorizing the City Manager to negotiate and execute Contract No. 5089(CCS), an Exclusive Negotiating Agreement with Underwater World Company; (2 ) authorizing the City Manager to negotiate with Underwater World Company the disposition, development, lease, and any other necessary agreements for development of the Aquarium project; (3) authorizing City staff to prepare an Environmental Impact Report on the proposed development project and conduct public workshops and hearings to solicit public, pier Restoration Corporation, and other City, Board, and Commission recommendations on the development scheme; and (4) directing City staff to return to Council in December 1988, to present the agreement document and development project for final City Council approval; adding direction to staff to come up with a suitable relocation of the City'S beach maintenance facility. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 11-A: MUNICIPAL PIER RECONSTRUCTION: Presented was a staff report recommending approval of the design for the third phase of the reconstruction of the west end of the Municipal Pier. Brian Sehnert of the architectural firm of KaplanjMcLaughlinjDiaz gave a presentation on the proposed design. Discussion was held. 4 March 29, 1988 231 Member of the public Joy Fullmer expressed concern regarding the design of the pier in relation to possible damage from earthquakes and storms. Discussion was held. Councilmember Zane moved to approve the staff recommendation, thereby approving the design for the third phase of the reconstruction of the Santa Monica Pier, the 420 foot extension of the west end of the Municipal Pier. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 7-0 Il-B: KEN EDWARDS COMMUNITY SERVICES CENTER: A recommendation to award a contract for construction of the Ken Edwards Center for Community Services was withdrawn at the request of the staff. Item ll-C was considered prior to Item II-A. ll-D: HOUSEHOLD HAZARDOUS WASTE PROGRAM: Presented was a staff report recommending approval of the Household Hazardous Waste Program in concept, including funding for an additional Laborer I position in the 1988-89 budget, and authorization for the City Manager to negotiate and execute all necessary documents. Discussion was held. Members of the public Donald Lewin Nelson and Joy Fullmer spoke in favor of the program but expressed concern that the staff person responsible for the waste collection be properly trained. Councilmember Zane moved to hear from a member from the public who submitted a late request to speak. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Member of the public Ed Simonian spoke in favor of the program. Councilmember Finkel moved to approve the staff recommendation, thereby approving the proposed Household Hazardous Waste Program in concept and instructing staff to include funding in the 1988-1989 budget for an additional L 0 (full-time equivalent) Laborer I position, and authorizing the City Manager to negotiate and execute all necessary permits and contracts. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 11-E: CLOSED SESSION: Not held. l2-A: MCDONALD'S RESTAURANT/l540 2ND STREET: Presented was an appeal of the Planning Commission denial of Development Review 397 and Zoning Administrator Use Permit 5233-U for addition of a drive-through lane and 240 square feet of floor area to McDonald's Restaurant at 1540 2nd street, continued from Fepruary 23, 1988. Lisa Howard spoke on behalf of the Applicant, Lourdes Management, Inc. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby denying the appeal and denying Development Review 397 and Zoning Administrator Use Permit 5233-U with the findings contained in the November 16, 1987, Planning Commission staff report. Second by Councilmember Finkel. The motion was approved by the following vote: 5 March 29, 1988 232 Council vote: Unanimously approved 7-0 12-B: KENTUCKY FRIED CHICKEN/2727 PICO BOULEVARD: Presented was an appeal of the Planning Commission denial of Development Review 400 to construct a 2,056 square foot Kentucky Fried Chicken fast food restaurant with 64 seats, drive-through service, and surface parking for 22 vehicles at 2727 pico Boulevard. Discussion was held. Robert W. Merriam, Mark Riavek, and Robert Katherman spoke on behalf of the Applicant. Donald Lewin Nelson spoke on behalf of the Planning Commission in opposition to the appeal. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby denying the appeal and upholding the Planning commission denial of DR400 and ZA 5239-U. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 14-A: HOUSING COMMISSION: Presented was the matter of acceptance of the letter of resignation of Donna Alvarez from the Housing commission and authorization to the City Clerk to publish a notice of vacancy. Councilmember Reed moved to accept the resignation with regret and authorize the City Clerk to publish a notice of vacancy. Second by Councilmember Finkel. The motion was unanimously approved. 14-B: LANDMARKS COMMISSION: Presented was the matter of acceptance of the letter of resignation of Christopher Johnson from the Landmarks Commission and authorization to the city Clerk to publish a notice of vacancy. Councilmember Reed moved to accept the resignation with regret and authorize the city Clerk to publish a notice of vacancy. Second by Councilmember Finkel. The motion was unanimously approved. 14 -C: USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Conn to discuss waiving the fee for use of the Council Chambers by the Santa Monica Emeritus College for a weekly class from April 4 and through June 14, 1988. Mayor Conn moved to waive the fee for the use of the Council Chambers by Santa Monica Emer i tus College. Second by Mayor Pro Tempore H. Ka tz . The motion was unanimously approved. 14-0: FREELANCE ARTISTS: Presented was the request of Councilmember Finkel to discuss supporting legislation to exclude freelance artists from the uniform capitalization provisions of the Internal Revenue Code. Councilmember Finkel opened discussion and moved to write letters to federal legislators to support legislation which would exclude freelance artists from the uniform. capitalization provisions of the Internal Revenue Code. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. 14-E: CABLE TELEVISION FRANCHISE FEES: Presented was the request of Councilmember Zane to discuss opposing AB 2802 regarding cable television franchise fees. Councilmember Zane moved to oppose 6 March 29, 1988 233 AB 2802 and direct that the lobbyist be directed to express Council's opposition and to advise of any need for further action on the part of the Council. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-F: SCAG WORKSHOP: Presented was the request of councilmember Reed to discuss co-sponsorship of a workshop with SCAG on April 30, 1988, and waiving the $250 fee for use of the East Room of the Civic Auditorium. Councilmember Reed opened discussion and moved to co-sponsor with BCAG a workshop for Los Angeles County officials regarding the Regional Growth Plan, Transportation Plan, Air Quality Plan, and Housing Needs Assessment, tentatively scheduled for April 30, 1988, and waive the $250 fee for the use of the East Room of the civic Auditorium. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. ADJOURNMENT: At 10:17 p.m., the meeting was adjourned in memory of Monsignor Raymond O'Flaherty, st. Mo . a's C rch. ATTEST:,,~ ~~ 'I d) /l'jff- 4~ -r Donna R. Betancourt Acting City Clerk - 7 March 29, 1988