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M-2/9/1988 (4) 151 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 9, 1988 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 6:12 p.m., on Tuesday, February 9, 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz (entered at 6:15 p.m.) Councilmember David B. Finkel Councilmember William H. Jennings councilmember Alan S. Katz Councilmember Dennis Zane Absent: Councilmember Christine E. Reed Also Present: city Manager John Jalili Assistant City Attorney Joseph Lawrence Acting City Clerk Donna R. Betancourt 5S-1: PIER DEVELOPMENT PROGRAM: A study session was held for the purpose of Council review and discussion of the Santa Monica pier Development Program. (See Item 10-B.) ADJOURNMENT OF STUDY SESSION: At 7:37 p.m., the study Session was adjourned. REGULAR CITY COUNCIL MEETING A meeting of the Santa Monica City Council was called to order at 7:45 p.m., on Tuesday, February 9, 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 councilmember Alan s. Katz Councilmember Dennis Zane Absent: Councilmember Christine E. Reed Also Present: city Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt CLOSED SESSION: Not held. 1 February 9, 1988 152 Mayor Conn led the assemblage in the Pledge of Allegiance to the United States of America. 4-A: CAL-OSHA WEEK: Mayor Conn declaring the week of March 6 - 12, Santa Monica. presented a proclamation 1988 as Cal-OSHA week in 4-B: BOARDS/COMMISSIONS: The applications are invited to fill Commission. City Clerk announced that a vacancy on the Landmarks CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING A special joint meeting of the city council and Parking Authority was called to order by Chairperson Conn at 7:53 p.m. Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herbert Katz Authority Member David B. Finkel Authority Member william H. Jennings Authority Member Alan S. Katz Authority Member Dennis Zane Absent: Authority Member Christine E. Reed Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt PA-1: MINUTES APPROVAL: The Parking Authority minutes of October 13, and october 27, 1987, were presented for approval. Authority Member Finkel moved to approve the minutes as written. Second by Authority Member Jennings. The motion was unanimously approved 4-0, Chairperson Pro Tempore H. Katz and Authority Member A. Katz abstaining, Authority Member Reed absent. CC/PA-2: SENIOR HOUSING/1121-35 3RD STREET: Presented was the matter of a public hearing and resolution on the proposed General Plan Amendment 10 and authorization of the negotiation and execution of necessary documents for the sale af air rights over Parking Lot 3 at 1121-35 3rd Street for the development of senior housing. Discussion was held. The public hearing was declared opened. Kristin Tuite spoke in support of the proposed development. There being no one else wishing to speak, the pUblic hearing was declared closed. councilmember Zane moved to approve the staff recommendation, thereby adopting Resolution No. 7549 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING AN AMENDMENT TO THE LAND USE AND CIRCULATION ELEMENTS OF THE GENERAL PLAN," reading by title only and waiving further reading thereof; authorizing the City Manager to execute a Quitclaim Deed and any other documents necessary to transfer ownership of Parking Lot Three from the Parking Authority to the city; authorizing the City Manager to negotiate 2 February 9, 1988 153 and execute Contract No. 5059(CCS), an Agreement for Sale of Air Rights, which shall include the provisions detailed in the staff report dated February 9, 1988, and any other documents necessary to accomplish the sale of the air-rights over Parking Lot Three to Santa Monica RHF Housing, Inc.; authorizing the City Manager to execute Contract No. 5060 (CCS), a Payment Agreement between the city and the Parking Authority providing that revenues collected by the City from the project's public parking meters be paid to the Parking Authority; and to include in the motion that Council retains the right to name the project, and will do so in a timely manner. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Reed Parking Authority Member Zane moved to approve the staff recommendations, thereby authorizing the Executive Director to execute a Quitclaim Deed and any other documents necessary to transfer ownership of Parking Lot Three from the Parking Authority to the City, and authorizing the Executive Director to execute a Payment Agreement between the City and the Parking Authority providing that revenues collected by the City from the project's public parking meters be paid to the Parking Authority. Second by Authority Member Finkel. The motion was approved by the following vote: Authority vote: Unanimously approved 6-0 Absent: Authority Member Reed ADJOURNMENT: At 8:10 p.m., the special joint City Council and Parking Authority meeting was adjourned. CITY COUNCIL MEETING RECONVENED Mayor Pro Tempore H. Katz moved to hear Item 7-A jointly with Item 12 -A. Second by Councilmember Finkel. The motion was unanimously approved. 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 Items 6-C, 6-H, and 6-L, reading ordinances and resolutions by title only and waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Reed 3 February 9, 1988 154 6-A: MINUTES APPROVAL: The City Council minutes of January 12, January 19, January 20, January 21, January 26, February I, and February 2, 1988, were approved as written. 6-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7550 (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-88-107)" was adopted, thereby setting a public hearing for March 8, 1988, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. 6-D: TENANT PARTICIPATING CONVERSION!735 MARINE STREET: Resolution No. 7552 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 1832l" was adopted, approving Final Map No. 18321 for Tenant-Participating Conversion TPC-042 of 4 units at 735 Marine Street. 6-E: TENANT PARTICIPATING CONVERSION/1240 FRANKLIN STREET: Resolution No. 7553 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 45140" was adopted, approving Final Map No. 45140 for Tenant-Participating Conversion TPC-043 of 7 units at 1240 Franklin Street. 6-F: TENANT PARTICIPATING CONVERSION/1328 18TH STREET: Resolution No. 7554 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 44292" was adopted, approving Final Map 44292 for Tenant-Participating Conversion TPC-026 of 6 units at 1328 18th Street. 6-G: APPOINTMENT TO METROPOLITAN WATER DISTRICT BOARD: Resolution No. 7555 (CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPOINTMENT OF CHRISTINE E. REED TO THE BOARD OF THE METROPOLITAN WATER DISTRICT" was approved, thereby appointing Christine E. Reed to the Metropolitan Water District Board to fill the unexpired term ending December 31, 1988. 6-I: MISCELLANEOUS VALVES AND COCKS: Bid No. 2167 was awarded to Brandon Industrial supply at specified unit prices to furnish and deliver miscellaneous valves and cocks for various departments. 6-J: GANN OVERRIDES/JUNE 1988 BALLOT MEASURES: A recommendation to direct the City Attorney to prepare appropriate June 1988 ballot measures to renew the ci ty 's three existing Gann Limit overrides (Police and Protective Services, Capital Improvement and Outlays, and Tenant Ownership Rights Charter Amendment) for an additional four years was approved. 4 February 9, 1988 155 6-K: SOUTH BEACH PARK BARBEQUE GRILLS/TABLES: A recommendation to make adjustments in the number and arrangement of South Beach Park barbeque grills and tables, as specified in the staff report and its supplement dated February 9, 1988, and authorizing the expenditure of $12,100 for concrete work, resodding, and other related modifications to the area was approved. END OF CONSENT CALENDAR 6-C: VACATION/22ND COURT: Presented was a staff report recommending setting a public hearing for March 8, 1988, on the vacation of a portion of 22nd Court between Arizona Avenue and Santa Monica Boulevard. Councilmenl.ber Zane withdrew from the discussion and vote due to a possible conflict of interest. Mayor Pro Tempore H. Katz moved the staff recommendation, thereby adopting Resolution No. 7551(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 A CERTAIN ALLEY KNOWN AS TWENTY-SECOND COURT, BETWEEN ARIZONA AVENUE AND SANTA MONICA BOULEVARD, IN THE CITY OF SANTA MONICA, CALIFORNIA, II reading by title only and waiving further reading thereof, setting a public hearing for March 8, 1988. Second by Councilmember A. Katz. The motion was approved by the following vote: council vote: Unanimously approved 5-0 Abstain: Councilmember Zane Absent: Councilmember Reed 6-H: VACATION/PICO PLACE NORTH: Presented was a staff report recommending setting a public hearing for March 8, 1988, on the vacation of a portion of Pico Place North from Appian Way to 122 feet east of Appian way. Discussion was held. Mayor Pro Tempore H. Katz moved the staff recommendation, thereby adopting Resolution No. 7556 (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 A CERTAIN STREET KNOWN AS PICO PLACE NORTH BETWEEN APPIAN WAY AND 122 FEET EAST OF APPIAN WAY AND TWO PUBLIC SERVICE EASEMENTS IN THE CITY OF SANTA MONICA, CALIFORNIA, It reading by title only and waiving further reading thereof, setting a public hearing for March 8, 1988. Second by counci1member Jennings. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Zane, and Mayor Conn Negative: Councilmember Finkel Absent: Councilmember Reed 5 February 9, 1988 156 Councilmember Finkel requested the record to reflect that he will never vote no for something he has never seen. 6-L: CABLE TELEVISION FRANCHISE/CENTURY SOUTHWEST: Presented was a recommendation to consider the award of a cable television franchise to Century Southwest Cable Television, Inc., on February 23, 1988. Councilmember Finkel moved to approve the staff recommendation, as amended, thereby setting the date for Council consideration of the award of the franchise for March 8, 1988. Second by Councilmember A. Katz. Discussion was held. The motion was unanimously approved 6-0, Councilmember Reed absent. 7-A: VACATION/PORTION OF 24TH STREET: A public hearing on the vacation of a portion of 24th Street between Santa Monica Boulevard and Santa Monica Place South, continued from January 12, 1988, was continued to February 23, 1988, as a "5" Item. 7-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs (SR-88-105). The public hearing was declared opened. Mrs. P. M. Simms and Joy Fullmer spoke in opposition to the assessment. There being no one else wishing to speak, the public hearing was declared closed. Discussion was held. Mayor Pro Tempore H. Katz moved the staff recommendation, thereby adopting Resolution No. 7557 (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-88-105) , tI reading by title only and waiving further reading thereof, and directing the Director of General Services to consult with Mrs. Simms on her driveway damage and to verify the cost of her sidewalk repair to be sure that it is proper. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Reed 8-A: AIDS DISCRIMINATION: Presented was a staff report transmitting an ordinance for introduction and first reading adding Chapter 9C to Article IV of the Municipal Code to prohibit discrimination against persons with AIDS, a history of AIDS, or persons regarded as having or transmitting AIDS. Discussion was held. The public hearing was declared opened. Judy Abdo, Jim Dionisio, Mallory Freeman, Stephen Kolzak, and John Doe spoke in support of the proposed ordinance; John Jurenka spoke in opposition. There being no one else wishing to be heard, the public hearing was declared closed. Councilmember A. Katz moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9C TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE TO 6 February 9, 1988 157 PROHIBIT DISCRIMINATION AGAINST PERSONS WITH AIDS, A HISTORY OF AIDS, OR PERSONS REGARDED AS HAVING OR TRANSMITTING AIDS," reading by title only and waiving further reading thereof. Second by Councilmember Zane. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Reed Councilmember A. Katz moved to direct staff to develop an AIDS education program for consideration during the Fiscal Year 1988-89 budget process, and to consider ways of cooperating with the School District in their on-going needs and programs for educating students concerning this disease. Second by Councilmember Finkel. The motion was unanimously approved 6-0, Councilmember Reed absent. Councilmember Zane moved to direct staff to send copies of this ordinance and staff report to other California Cities, urging them to take similar action. Second by Councilmember A. Katz. During discussion, with the consent of the maker and second, the motion was amended to direct staff to communicate Council's action and the rationale to other cities in the best way possible. The motion was unanimously approved 6-0, Councilmember Reed absent. 8-B: DEVELOPMENT AGREEMENT/J. H. SNYDER CO. (WATER GARDENS): Presented was a staff report transmitting an ordinance for adoption and second reading approving the Development Agreement with J. H. Snyder Co. II to permit development of The Water Garden, an office complex in the Special Office District, vicinity of Colorado Avenue, Olympic Boulevard, Cloverfield Boulevard and 26th street, introduced January 26, 198B. Discussion was held. Mayor Pro Tempore H. Katz moved to adopt Ordinance No. 1433 (CCS) enti tIed: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING DEVELOPMENT AGREEMENT BETWEEN THE J. H. SNYDER COMPANY II AND THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof, thereby approving Contract No. 5061(CCS), with direction to staff to execute an agreement spelling out mandatory compliance for the wastewater recycling system, and return to Council for approval before execution (within the 30 days before the ordinance becomes effective). Second by Councilmember A. Katz. Discussion was held. Councilmember A. Katz moved to amend the motion to strike the word "recycling" from the motion and direct staff to develop a mandatory compliance agreement that would reduce sewage usage by at least 30%. The amendment was accepted as friendly by the maker of the motion. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, A. Katz, H. Katz, and Mayor Conn Negative: Councilmembers Finkel and Zane 7 February 9, 1988 153 Absent: councilmember Reed councilmember Finkel requested the record to reflect that the reason for his no vote is that this Council does not seem to understand the importance and the necessity of refusing to approve development agreements until it has first dealt with the problems which the agreements create. Councilmember Zane requested the record to reflect that in view of the fact that this is the largest development ever proposed in the city of Santa Monica, it is unsatisfactory to him to have an agreement that does not carefully and immediately upon adoption of the agreement protect the community from the sewage created, much less from the traffic. with regard to a petition presented to the city Council requesting that the development agreement be amended to provide that $1 million of the housing and park funds be allocated for the establishment of a permanent police substation in the pico Neighborhood, Mayor Conn noted that the 1987-88 City budget provides funds for a neighborhood storefront station for a pOlice presence in the pica Neighborhood, and that Council and staff intend for tha t program to go forward. A pol ice storefront station is not dependent upon funds from this or any other developer. 10-A: COMMISSION ON OLDER AMERICANS/MEDI-CAL PATIENTS IN NURSING HOMES: Presented was a staff report by the the Commission on Older Americans recommending City Council endorsement of a report on the problems with placement of Medi -cal patients in nursing homes, prepared by the Commission and the Santa Monica Area Health Action Coalition. Councilmemher Finkel moved to approve the staff recommendation. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved, Councilmember Reed absent. IO-B: PIER DEVELOPMENT GUIDELINES: Presented was a staff report by the Pier Restoration Corporation recommending approval of the Santa Monica Pier development program and adoption of design guidelines. Discussion was held. councilmember A. Katz moved to continue the meeting to 1:00 a.m. Second by Councilmember Finkel. The motion was unanimously approved. Councilmember A. Katz moved to hear from members of the public on Item lO-B for two minutes each. Second by Councilmember Finkel. The motion was unanimously approved. The following spoke in support of the proposed Pier development program and design guidelines: Beverly Moore, Michael Hill, Dietrich Pahnke, Lee Vasquez, Russ Barnard, Aaron Krieger, Sandra Riegner, Art Botham, Linda Kling, Michael Scanlan, Ed Simmons, Ray Davis, Ralph Mechur, and Mitchell Lachman. The following spoke in opposition: John Jurenka, Hae-Ju Kim, Marlene Lieberman, Warren Moore, and 8 February 9, 1988 159 Joanie Gordon. Cheri Dickinson, Chris Mendelson, and Michael Lieberman expressed concerns regarding traffic; Mark Mendelson, Bob De Lapina, Mike Mendelson, and Mr. Sou expressed concern about the lack of a breakwater. Mayor Pro Tempore H. Katz moved to adopt the Santa Monica Pier Design Guidelines with additional wording that the goal is to give preference to incorporating the existing tenants into the development, as long as the quality and diversity of the product is not diminished. Second by Counci1member Zane. Discussion was held. Councilmember Finkel moved an amendment to the motion to establish procedures whereby if an existing lessee is one of the applicants for the lease and meets the criteria as set forth in all respects as well as any other applicant, then the existing tenant gets the nod by virtue of his existing lease. The amendment was accepted as friendly by the maker and second of the motion. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Reed ll-A: WESTSIDE CHILDREN'S MUSEUM: A recommendation to fund the Westside Children's Museum in the amount of $26,940 for start-up funds for rent at the Madison School site was withdrawn at the request of staff. I1-B: CITY-WIDE SIGNAGE PROGRAM: A recommendation to approve the Master Plan and Graphics standards Manual for the comprehensive City-wide signage program was continued to February 16, 1988. ll-C: MID-YEAR BUDGET REVIEW: A recommendation to approve the Mid-Year Budget review report, adopt resolutions affecting revenues and expenditures, and approve personnel actions was continued to February 16, 1988. I1-D: CLOSED SESSION: 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 was continued to February 16, 1988. 12-A: DEVELOPMENT REVIEW/2336 SANTA MONICA BLVD.: An appeal of the Planning Commission approval of Development Review 369 at 2336 Santa Monica Boulevard for a three story, 27,637 square foot medical office building with 122 parking spaces (Applicant: William Brantley for Parks ide West Development. Appellant: Rosario Perry for Tom and Dolores Rheinschilds and Marc Sabatini), and consideration of a resolution certifying the Final Environmental Impact Report, was continued to February 23, 1988, as a "5" Item. 9 February 9, 1988 160 13-A: MILES PLAYHOUSE: The request of Gregory W. Schmidt to address council regarding the Miles Playhouse was continued to February 16, 1988. 13-B: PARKING PERMITS/1150 18TH STREET: The request of Robin Pullara to address Council regarding parking permits at ll50 lath street was continued to February 16, 1988. l3-C: 2-HOUR PARKING/I100 BLOCK OF 18TH STREET: The request of Dr. Susan Rennie to address council regarding the 2-hour parking limit in the 1100 block of 18th street was continued to February 16, 1988. l4-A: VEHICLE STORAGE/FRONT YARDS: The request of Councilmembers H. Katz and Reed to discuss adding a Municipal Code section regarding storing cars, boats, trailers, or other vehicles in front yards was continued to February 16, 1988. 15. PUBLIC INPUT: No requests to speak were submitted. Councilmember A. Katz moved to continue the public hearing for Item 7-A, opened on January 12, to be considered with Item 12-A, both to be continued as "5" Items on February 16, 1988. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. ADJOURNMENT: At 12:00 P.M., the meeting was adjourned in memory of Ruth Harris, to 5:30 P.M. on Tuesday, February 16, 1988, to consider Items 11-B, 11-C, 11-D, 13-A, 13 -C, and 14-A. S~T:~d~ Donna R. Betancourt Acting City Clerk 10 February 9, 1988