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M-9/19/1989 319 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 19, 1989 An adjourned meeting of the Santa Monica city Council, adjourned from the meeting of september 12, 1989, was called to order by Mayor Zane at 7:35 p.m., in the Council Chambers. Roll Call: Present: Mayor Pro Tempore Dennis Zane Mayor Pro Tempore David B. Finkel (arrived at 9:50 p.m.) Councilmember Judy Abdo Councilmember Ken Genser Councilmember william H. Jennings (arrived at 8:02 p.m.) Councilmember Christine E. Reed Absent: Councilmernber Herbert Katz Also Present: city Manager John Jalili City Attorney Robert M. Myers City clerk Clarice E. Johnsen CLOSED SESSION: Not held. Councilmember Reed led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 6. CONSENT CALENDAR: Presented was the Consent Calendar whereby all items are considered and approved in one motion unl,ess removed from the calendar for discussion. Councilmember Reed moved to approve the Consent Calendar as presented, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Genser. The motion 'Nas approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Genser, Rei;d, Mayor Zane Absent: Counci1members Katz Finkel, Jenninl;rs I 6-1: PIONEER BOULANGERIE!LEASE AGREEMENT: A recommendation to authorize the city Manager to renegotiate and execute Contract No. 5436 (CCS) , a five-year lease agreement with PionE~er Boulangerie for the use of City property at $11,400 per year wIth adjusted increase based on changes in the Consumer Price IndE!X, for parking purposes, continued from September 12, 1989, vlas approved. 1 September 19, 1989 320 6-Q: ENVIRONMENTAL PROTECTION AGENCY GRANT FUNDS/OZONE PILOT PLANT PROJECT: A request to accept and appropriate EPA grant funds for the Ozone pilot Plant Project in the amount of $100,000 and authorize the city Manager to negotiate and execute Contract No. 5437 (CCS), an agreement with UCLA for related laboratory analyses, continued from September 12, 1989, was approved. 6-R: UTILITY EASEMENT/PICO-KENTER STORM DRAIN EXTENSION: Resolution No. 7906 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO GRANT AND RECORD AN EASEMENT FOR UTILITY PURPOSES FOR THE PICO-KENTER STORM DRAIN EXTENSION," continued from September 12, 1989, was adopted. 8-B: OCEAN PARK AREA ZONING REGULATIONS/INTERIM DISTRICTING MAP/RESOLUTION CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT: Presented was a staff report transmitting ordinances for introduction and first reading amending Santa Monica Municipal Code Sections 9000.3, 9040.3, 9040.10, 9040.17, 9040.18, 9041.2, 9041.6, 9044.10, 9044.21, and 9113.3 and adding Sections 9002.10, 9035.1 through 9035.7, 9036.1 through 9036.7, 9037.1 through 9037.7,9038.1 through 9038.7,9039.1 through 9039.7,9040.41, 9047.1 through 9047.3, and 9151.1 through 9151. 7 relating to zoning regulations for the Ocean Park Area: revising the Interim Districting Map: and a resolution certifying the Final Environmental Impact Report, continued from september 12, 1989. At 8:20 p.m., Councilmember Jennings entered the meeting. Council asked questions of staff. At 8:40 p.m., Mayor Zane opened the public hearing. Joy Fullmer, Stephen Frew, and John F. Walsh expressed their concerns regarding the proposed zoning regulations. Sandy Cherry, John Jurenka, John Morrissey, Steve Woluck, Rosario Perry, Gilbert Friedman, Tim Spence, Kenneth Garvin, Louis Goldman, Henry Custis, and Myrna Leifer, spoke in opposi tion to the proposed new zoning regulations. Nick Kazan and Bea Nemahala spoke in support of zoning alternative "C" as outlined in the staff report dated September 19, 1989. Julie Lopez-Dad and Roseann Alvarez spoke in support of the proposed re-zoning. June Steel spoke in support of "OP-2" zoning for Copeland Court. Michael Hill and Richard Dysart spoke in support of "Duplex" zoning for Copeland Court. Councilmember Genser moved to hear from members of the public who submitted requests to address Council after the item had been called. Second by Councilmember Reed. The motion was approved, Mayor Pro Tempore Finkel and Councilmember Katz absent. Judy Leland and Terry Gray spoke in opposition to the proposed new zoning regulations. Tim Blaney spoke in support of "Duplex" zoning for Copeland Court. At 9:48 p.m., there being no one else wishing to speak on the matter, Mayor Zane declared the public hearing closed. At 9:50 p.m., Council adjourned for a short recess. At 10:05 p.m., Council reconvened. Mayor Pro Tempore Finkel entered the 2 September 19, 1989 321 meeting during the recess. Mayor Pro Tempore Finkel expressed his regret for not being able to attend earlier and stated that he was listening to the meeting on television, and asked the City Attorney's opinion regarding his qualification to participate in council's deliberations, given the fact that he has not only studied the materials carefully, but listened to all the prior proceedings. The city Attorney stated that Mayor Pro Tempore Finkel may participate in the voting, not withstanding the fact that he listened to the prior discussion and public hearing on the radio or television. councilmember Abdo moved to approve Alternative zoning Plan "c", as outlined in the staff report dated September 19, 1989, with the following changes: 1) That the area designated 1I0P-l" in alternative "D", with the small area of "OP-2" inside, be incorporated into Alternative Plan "C"; 2) That the 600 block of Copeland court be zoned "OP-Duplex"; 3) That council reserves further action on the 700 block of copeland Court; and 4) That the area designated "OP-4" in the northwesterly portion of the map (figure 3 of the staff report) Barnard Way, Bicknell, and Pacific between Neilson Way and Ocean Avenue be designated "OP-3". Second by Councilmember Genser. Discussion was held. Councilmember Abdo withdrew her motion. councilmember Abdo moved to adopt Resolution No. 7907 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE OCEAN PARK REZONING PLAN," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Negative: Councilmember Reed Absent: Councilmember Katz councilmember Reed requested that the record reflect that her reasons for voting Itno" are because council has not been given information regarding the creation of non-conforming properties, and that Council does not know the potential loss of housing units which might be experienced under this new zoning due to the recycling of the non-conforming properties. Councilmember Abdo moved again her previous motion to approve Alternative Zoning Plan "e" with all amendments as stated earlier, and with the additional amendment that the effective date of the new zoning be September 19, 1989. That applications received after 5:00 p.m., September 19, 1989, be considered under the new zoning regulations. Second by Mayor Pro Tempore Finkel. Councilmember Jennings moved to amend the motion to apply the "OP-Duplex" zone to both blocks of Copeland Court. The motion failed for lack of a second. Councilmember Jennings moved to 3 september 19, 1989 322 disallow density bonuses for both blocks of Copeland Court. Second by Councilmember Reed. Councilmember Jennings withdrew his motion. The motion as stated by Councilmember Abdo was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Negative: Councilmember Reed Absent: councilmember Katz councilmember Reed requested that the record reflect that she is voting II no II because Council does not have the information regarding the crea tion of nonconforming properties, nor does Council know what potential loss of housing units the city may experience under this zoning, and she would like the record to further reflect the fact that she did ask for that information over two years ago. councilmember Abdo moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IMPLEMENTING THE COMPREHENSIVE LAND USE AND ZONING ORDINANCE BY AMENDING THE INTERIM DISTRICTING MAP, II reading by title only and waiving further reading thereof, thereby revising the interim zoning map as outlined in her earlier motion. Second by Mayor Pro Tempore Finkel. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Negative: councilmember Reed Absent: councilmember Katz Councilmember Reed requested that record reflect that her negative vote is for the reasons she stated previously. Mayor Pro Tempore Finkel moved to direct staff to amend the Municipal Code to require grading permits, and to direct the Planning commission to review revisions to the definition of building height and average natural grade to establish citywide consistency with the theoretical grade concept proposed for Ocean Park. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Negative: Councilmember Reed Absent: councilmember Katz 4 September 19, 1989 323 councilmember Reed requested that the record reflect that she has absol utely no concern for the grading permit ordinance. She would be happy to support that. But, she does have some concerns about the height, and she doesn't believe that Council has enough information yet, for her to support that because it will be a higher height on some. portion on the. lot than is currently allowed. 8-C: VENDING REGULATIONS: Presented was a staff report transmitting an ordinance for introduction and first reading adding Chapter 2C to Article VI of the Santa Monica Municipal Code, amending Section 3376 of the Santa Monica Municipal Code, and repealing sections 3336, 3381, 4300, 5121, 6233A, 6233B, 6233C,and 6233D, of the santa Monica Municipal Code relating to vending, continued from September 12, 1989. council asked questions of staff. At 11:10 p.m., Mayor Zane opened the public hearing. Jeffrey LeBeouf spoke in support of providing special preferential consideration for military veterans in awarding vending permits. At 11:15 p.m., there being no one else wishing to speak, Mayor Zane declared the public hearing closed. Discussion was held. Councilmember Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2C TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE, AMENDING SECTION 3376 OF THE SANTA MONICA MUNICIPAL CODE, AND REPEALING SECTIONS 3336, 3381, 4300,5121, 6233A, 6233B, 6233C, AND 6233D OF THE SANTA MONICA MUNICIPAL CODE RELATING TO VENDING," reading by title only and waiving further reading therof, with the amendment that the permits issued be valid for two years, and that the drawing to award permits be held every two years. Second by Mayor Zane. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz Councilmember Abdo moved to extend the Council meeting to 12:00 a.m. Second by Councilmember Jennings. The motion was unanimously approved, Councilmember Katz absent. 8-0: INDUSTRIAL WASTEWATER CONTROL PROGRAM/FEDERAL CLEAN WATER ACT COMPLIANCE: Presented was a staff report transmitting an ordinance for introduction and first reading amending Santa Monica Municipal Code Sections 5400, 5403, 5404, 5423, and 5429 and adding Sections 5429A, 5432, 5433, 5434 and 54l4A to the Municipal Code to clarify the Industrial Wastewater Control Program and to ensure its compliance with the Federal Clean Water Act, continued from September 12, 1989. At 11:20 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer expressed her concerns regarding the proposed ordinance. There being no one else wishing to speak, at 11:25 p.m., Mayor Zane declared the public hearing closed. Councilmemher Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE 5 September 19, 1989 324 CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 5400, 5403, 5404, 5423, AND 5429 AND ADDING SECTIONS 5429A, 5432, 5433, 5434, AND 5414A TO THE MUNICIPAL CODE TO CLARIFY THE INDUSTRIAL WASTEWATER CONTROL PROGRAM AND TO ENSURE ITS COMPLIANCE WITH THE FEDERAL CLEAN WATER ACT," 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, Reed, Mayor Zane Absent: Councilmember Katz 9-A: RESOLUTION REVISING THE EXECUTIVE PAY PLAN: following Closed Session. Considered 9-B: ADMINISTRATIVE TEAM ASSSOCIATES Considered following Closed Session. BARGAINING UNIT: 13-A: HERMAN ROSENSTEIN/HOMELESS: Presented was the request of Herman Rosenstein to address Council regarding the homeless problem, continued from september 12, 1989. Mr. Rosenstein spoke before Council regarding the history of the homeless in downtown Santa Monica 13-B: CHRISTOPHER M. HARDING/AVERAGE NATURAL GRADE: The request of Christopher M. Harding to address Council regarding Zoning Ordinance definition of term "Average Natural Grade," continued from September 12, 1989, was not heard. Mr. Harding was not present when this item was called. 11-C: CLOSED SESSION: Presented was the request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the City, continued from the Council meeting of September 12, 1989. The city Attorney announced that one of the items to be considered in Closed Session was the acquisition of real property known as the Bergamot Parcel, located south of Olympic between 26th and Stewart Streets. The city'S negotiators are John Jalili, Hank Dittmar, and Lind Mills-Coyne, and they are authorized to meet with Southern Pacific Transportation Company's negotiators who are Doug Stephenson and Linda Hill. At 11: 30 p.m., Council adjourned to Closed Session. At 12:16 a.m., Council reconvened with Councilmembers Abdo, Finkel, Genser, Jennings, Reed, and Mayor Zane present. Councilmember Jennings moved to extend the meeting to 12:25 a.m. Second by Councilmember Genser. The motion was approved, Councilmember Reed opposed, Councilmember Katz absent. 9-A: EXECUTIVE PAY PLAN: Presented was resolution for adoption revising the Executive Pay Plan, continued from the City Council meeting of September 12, 1989. Councilmember Jennings moved to adopt Resolution No. 7908 (CCS) entitled: "A RESOLUTION OF THE 6 September 19, 1989 325 CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE EXECUTIVE PAY PLAN," 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 Ahdo, Finkel, Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz 9-B: ADMINISTRATIVE TEAM ASSOCIATES/BARGAINING UNIT: Presented was a resolution for adoption recognizing the Administrative Team Associates (A.T.A.) as the bargaining unit representing certain City job classifications formerly represented by the Municipal Employees Association (M.E.A.). councilmember Jennings moved to adopt Resolution No. 7909 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RECOGNIZING ADMINISTRATIVE TEAM ASSOCIATES (A. T. A.) AS THE BARGAINING UNIT REPRESENTING CERTAIN JOB CLASSIFICATIONS FORMERLY REPRESENTED BY THE MUNICIPAL EMPLOYEES ASSOCIATION (M.E.A.}," 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, Jennings, Reed, Mayor Zane Genser, Abstain: Mayor Pro Tempore Finkel Absent: Councilmember Katz 14-A: APPOINTMENT OF MEMBERS TO CITY BOARDS AND COMMISSIONS: Presented was the matter of the appointment of members to Boards and commissions, continued from September 12, 1989. Mayor Pro Tempore Finkel moved to continue all appointments to the City council meeting of September 26, 1989. Second by councilmember Reed. The motion was unanimously approved, Councilmember Katz absent. 14-C: SALE OF FIREARMS/FIFTEEN DAY WAITING PERIOD: The request of Mayor Pro Tempore Finkel to discuss direction to city Attorney to prepare an ordinance prohibiting the sale of firearms for the duration of the IS day waiting periOd, continued from september 12, 1989, was continued to the city council meeting of September 26, 1989, as a "5" Item, at Mayor Pro Tempore Finkel's request. 14-D: CITY ATTORNEY WAGE ADJUSTMENT AND PERFORMANCE PAYMENT: Presented was the request of Mayor Zane to approve wage adjustment and performance payment for City Attorney pursuant to Section l(C) of Contract No. 5276(CCS), continued from September 12, 1989. Mayor Zane moved to approve that, effective July 1, 1989, the salary of the City Attorney shall be increased by 5.1% representing a C.P.I. adjustment, and that the city shall pay to the City Attorney a performance payment of 8.9% of his annual 7 September 19, 1989 326 base salary. Second by Councilmember Jennings. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Mayor Zane Negative: Councilmember Reed Absent: councilmember Katz 14-E: WAGE ADJUSTMENT FOR THE CITY MANAGER: Presented was the request of Mayor Zane to approve a wage adjustment for city Manager pursuant to section l(C) of Contract No. 5275(CCS), continued from September 12, 1989. Mayor Zane moved to approve that, effective that July 1, 1989, the salary of the city Manager shall be increased by 21.5%, representing a 5.1% C.P.I. increase, and a 16.4% market adjustment. Second by Councilmember Jennings. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz 14-F: RESOLUTION AMENDING SALARY BENEFITS FOR THE CITY CLERK: Presented was the request of Mayor Zane to adopt a resolution amending the salary and benefits for the position of City Clerk, continued from September 12, 1989. Councilmerober Reed moved to adopt Resolution No. 7910 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SALARY AND BENEFITS FOR THE POSITION OF THE CITY CLERK," reading by title only and waiving further reading thereof, thereby providing a salary adjustment for the city Clerk of 9%, reflecting a 5.1% C.P.I. adjustment, and a 3.9% market adjustment, providing a 5% performance payment, and also providing all the benefits of the Executive Pay Plan. Second by Councilmember Jennings. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Absent: Councilmember Katz 15. PUBLIC INPUT: address Council. There no members of the public wishing to 8 September 19, 1989 327 ADJOURNMENT: At 12:24 a.m., Councilmember Reed moved to adjourn the City council meeting to 7:30 A.M., Friday, September 22, 1989, for the purpose of continuing the Closed Session for the negotiations outlined by the City Attorney earlier in the meeting under Item 11-C, and to adjourn the meeting in memory of David Lutz and Charles Linderman. Second by Councilmember Abdo. The motion was unanimously approved, Councilmember Katz absent. ATTEST: APPROVED: A~ Clarice E. Joh sen City Clerk p..... 71~ Dennis Zane Mayor 9 September 19, 1989