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M-2/2/1988 147 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 2, 1988 A meeting of the Santa Monica city Council was called to order by Mayor Conn at 6:10 p.m. on Tuesday, February 2, 1988, in the council Chambers, having been adjourned from January 26, 1988. 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 Christine E. Reed Absent: Councilmember Dennis Zane Also Present: City Manager John Jalili city Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt Mayor Conn moved to hear Items 8-B, ll-C, and 11-A in that order. Second by Councilmember Finkel. The motion was unanimously approved. The following items were considered, having been continued from January 26, 1988. 8-B: SIMULTANEOUS PROCESSING OF PERMIT APPLICATIONS: Presented was a staff report transmitting an ordinance for introduction and first reading amending Municipal Code Section 4603 to allow simultaneous processing of Rent Control Board and other city permit applications. Discussion was held. At 6:30 p.m., the public hearing was declared opened. Susan Packer Davis (Rent Control Board Chairperson) and Joy Fullmer spoke in opposition to the proposed ordinance; Mara Bresnick spoke in opposition to the ordinance as written and suggested changes. Mayor Pro Tempore H. Katz moved to hear from a member of the public submitting a late request to speak. The motion was seconded and unanimously approved. Dane Chapin spoke in support of the ordinance. There being no one else wishing to be heard, the public hearing was declared closed. Discussion was held. Councilmember Finkel moved to table the proposed ordinance. Second by Councilmember A. Katz. The motion was unanimously approved 6-0, Councilmember Zane absent. ll-C: HOMELESS SERVICES/602-620 COLORADO AVENUE: Presented was a staff report recommending the approval of the short-term use of city property at 602-620 Colorado Avenue for non-profit human services agencies, including homeless services, and authorizing the City Manager to negotiate and execute the necessary 1 February 2, 1988 148 documents. The following members of the public spoke in favor of the proposal: Paul DeSantis, walter E. sparks, Irene Zivi, Mary Bambrick, Vivian Rothstein, and Ken Schonlau. The following spoke in opposition: Joy Fullmer, Raymond Carriere, and Teresa Yang. Bruce Gossard spoke in favor of providing space for non-profit human services agencies and homeless services, but in opposition to using this site for such services. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff reco:rmnendation, thereby: (1) approving in concept the use of city property at 602-620 Colorado for short-term operating agreements for human service programs; (2) authorizing the City Manager to negotiate and execute the release of Richards Surgical from their current lease with the City; (3) approving city matching funds for both the SAFAH (Supplemental Assistance for Facilities to Assist the Homeless) funds already received and the FESGP (Federal Emergency Shelter Grant Program of the u.S. Department of Housing and Urban Development) funds, in the event they are awarded to the City; (4) authorizing the City Manager to negotiate and execute any documents necessary to implement SAFAH and FESGP-funded programs and operating agreements with non-profit agencies; and (5) approving appropriation authority in the amount of $179,437 at account #01-200-262-729-506, establishing revenue account #20-932-356-000-000 in the amount of $179,437, and approving technical appropriation changes of ($179,437) at #01-700-695-000-744 and $179,437 at #20-700-695-000-744. Second by Councilmember Finkel. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane II-A: USER FEES: Presented was a staff report recommending the approval of increases in various current user fees, implementing new user fees, and directing the City Attorney to prepare required resolutions and ordinances. Discussion was held. The following members of the public spoke: Joy Fuller in opposition to user fees; Henry Custis, Jack Baptista, and Paul Rosenstein in opposition to implementing fees for Planning appeals. Mayor Conn moved to approve the staff recommendation with the following changes: delete Emergency Medical Response increases (Table III of staff report dated January 26, 1988); delete increase in the youth swimming fee (Table IV); defer fee for Santa Monica College swimming pool (Table IV); modify fees for City Council and Planning Commission appeals to $100 (Table I); and postpone fee increases for utility (street) cuts (Table V). Second by Councilmember Finkel. Mayor Pro Tempore H. Katz moved to amend the motion to make the following changes in the recommended increases (Table I) (in order to pass on the full cost of the services) : Reversion to Acreage, from $700 to $705; Tentative Map, from $900 to $903; Final Map, from $350 to $356; Certificate of Appropriateness-Major, from $550 to $557; certificate of Appropriateness-Minor, from $350 to $352; and Deed Restriction, from $250 to $254. Second by Councilmember Finkel. Discussion was held. The motion on the amendment failed (lack of a majority) by the following vote: 2 February 2, 1988 149 council vote: Affirmative: councilmembers Finkel, Jennings, and H. Katz Negative: Councilmembers A. Katz, Reed, Mayor Conn Absent: councilmember Zane councilmember A. Katz moved to amend the motion to retain the current youth swimming course and teen swimming course fees (Table IV). Second by councilmember Jennings. During discussion, the maker and second of the amendment included the swim team fees in the motion. The amendment was approved by the following vote: council vote: Affirmative: councilmembers, Finkel, Jennings, A. Katz, H. Katz, Reed Negative: Mayor Conn Absent: Councilmember Zane Counci1member A. Katz moved an amendment to the main motion to direct staff to return with some details regarding the fees charged for DUI Accident Reports (Table II) (including the policy for refunds in cases where the person is found innocent of charges, and plea bargaining cases). The amendment was accepted as friendly by the maker and second of the motion. The motion to approve the staff recommendation, as amended, was approved by the following vote: Council vote: Unanimously approved (6-0) Absent: Councilmember Zane Mayor Conn moved to direct staff to review and bring back a recommendation in regard to Planning Commissioners being able to make appeals at no cost. Second by Counci1member Finkel. The motion was approved by the vote of 5 to I, Mayor Pro Tempore H. Katz opposed, Councilmember Zane absent. At 8;15 p.m., the meeting was adjourned to the end of the Study Session. At 8: 32 p.m., Council convened in a meeting adjourned from February I, 1988. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Councilmember David B. Finel Councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Absent: Councilmember Dennis Zane 3 February 2, 1988 150 Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt SS-I: DRAFT ZONING ORDINANCE STUDY SESSION: Discussion and a section by section review of the draft zoning ordinance were held, continued from February 1, 1988. At 10:30 p.m., the meeting continued from February 1, 1988, was adjourned. At 10:30 p.m., Council reconvened the meeting held earlier in the evening to hold a Closed Session. II-D: CLOSED SESSION: Presented was a Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the city. At 10:30 p.m., Council adjourned to Closed Session to consider the following cases: Roser v. city of Santa Monica, Los Angeles Superior Court Case No. C 444 494; Lang v. City of Santa Monica, Santa Monica Superior Court Case No. WEC 100 749; Burke and Golden v. city of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 077 521; Tiffany v. City of Santa Monica, Superior Court Case No. WEC 080 963: and Shell oil Company v. city of Santa Monica, Ninth Circuit Court Case No. 86-6103. At 10:57 p.m., Council reconvened with six members present, Councilmember Zane absent. Mayor Pro Tempore H. Katz moved to approve a settlement in the amount of $22,500 in the case of Roser v. city of Santa Monica. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Zane ADJOURNMENT: At 11:00 p.m., the meeting was adjourned in memory of Ruth Du Vardo, a 53-year resident of Santa Monica. ATTEST: ~tc DONNA R. BETANCOURT Acting City Clerk CONN 4 February 2, 1988