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M-8/22/1989 281 CITY OF SANTA MONICA CITY COUNCIL MINUTES AUGUST 22, 1989 A regular meeting of the Santa Monica city Council was called to order by Mayor Zane at 6:05 p.m., on Tuesday August 22, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser (arrived during Closed Session) Councilmember Herbert Katz Councilmember Christine E. Reed (arrived during Closed Session) Absent: Councilmember William H. Jennings Also Present: city Manager John Jalili city Attorney Robert M. Myers city Clerk Clarice E. Johnsen CLOSED SESSION: At 6:07 p.m., Council adjourned to Closed session for the purpose of considering personnel matters and the following litigation: Shell oil Company v. city of Santa Monica, United states District Court Case No. CV 82-2362-RJK; Shell California Pipeline company v. City of Santa Monica, LOS Angeles superior Court Case No. C 714002; city of Santa Monica v. Shell oil Co.; Shell Pipe Line corp., a Maryland Corp.; Shell California Pipeline Company, a California Corp., Los Angeles Superior Court Case No. C 714602; and the acquisition of real property commonly known as the Bergamot parcel, located south of Olympic between 26th and stewart Streets. The city's negotiators are John Jalili, Hank Dittmar, and Linda Mills-coyne and they were authorized to meet with Southern Pacific Transportation Company's negotiators who are Doug Stephenson, Assistant General Counsel and Linda Hill, Real Estate Sales Manager. At 7:44 p.m., council reconvened. No action was announced from Closed Session: councilmember Genser led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. REDEVELOPMENT AGENCY SPECIAL MEETING: At 7:45 p.m., Chairperson Zane convened a special meeting of the Redevelopment Agency. Redevelopment Agency Roll Call: Present: Chairperson Dennis Zane Chairperson Pro Tempore David B. Finkel l August 22, 1989 282 Absent: Agency Member Judy Abdo Agency Member Ken Genser Agency Member Herbert Katz Agency Member Christine E. Reed Agency Member William H. Jennings Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Clarice E. Johnsen RA-I: MINUTES APPROVAL: Presented for approval were the Redevelopment Agency Minutes of July 25, 1989. Agency Member Reed moved to approve the minutes as presented. Second by Agency Member Katz. The motion was unanimously approved, Agency Member Jennings absent. At 7:47 p.m., the special meeting of the Redevelopment Agency was adjourned and the regular city council meeting was reconvened. Councilmember Reed moved to amend the order of the agenda and hear all I3-Items at this time. Second by Councilmember Genser. The motion was unanimously approved, councilmember Jennings absent. I3-A: CHRISTOPHER HARDING/PRACTICE AND PLAYING SPACE FOR AMERICAN YOUTH SOCCER ORGANIZATION: Presented was the request of Christopher M. Harding to address Council regarding lack of adequate practice and playing space for American Youth Soccer Organization in Santa Monica, continued from August 8, 1989. Mr. Harding waived his time to address council regarding this issue. 13-B: PENNY PERLMAN/PLAYING FIELDS IN CITY PARKS: Presented was the request of Penny Perlman to address Council regarding the state of the City Parks and shortfall of playing fields, continued from August 8, 1989. Ms. Perlman expressed her concerns regarding the lack of gym space and practice fields for youth sports in Santa Monica, and requested that Council review the City'S Open Space Plan and the allocation of of open space resources. 13-C: MIKE BERKOFSKY/LIGHTING FOR PARK SPACE: Presented was the request of Mike Berkofsky, Regional Commissioner of American Youth Soccer Organization, to address Council regarding insufficient and badly lit park space in the City, continued from August 8, 1989. Mr. Berkofsky expressed his concerns regarding poorly lit playing fields used by small children for sports practice in the evenings. Mr. Berkofsky presented Mayor Zane with a AYSO soccer ball, and urged council to support efforts to allow youth sports to utilize the playing field at Santa Monica College, and Santa Monica schools. 13-D: SUSAN WILSON/INADEQUATE SPACE AND GAME TIME IN CITY PARKS: Presented was the request of Susan C. Wilson to address Council 2 August 22, 1989 283 regarding inadequate space and game time in City parks, continued from August 8, 1989. Ms. wilson expressed her concerns regarding space for team sports in the Airport Development proj ect , the lack of park space, and the lack of recreational facilities. a member of the public Second by Councilmember approved, Councilmember Joy Fullmer expressed her playing fields for youth Councilmember Katz moved to hear from requesting to speak on this matter. Reed. The motion was unanimously Jennings absent. Member of the public support for increased open space and sports. Councilmember Abdo moved to direct staff to assist in discussions with Santa Monica College regarding utilizing their playing fields for youth sports, and to refer the matter of developing long range options to the Recreation and Parks commission. Second by Mayor Pro Tempore Finkel. Discussion was held. The motion was unanimously approved, Councilmember Jennings absent. council further instructed concerned members of the publ ic to speak before the College Board of Trustees at their next meeting. l3-E: PETER BERKE/NORTH OF WILSHIRE RESIDENTS MORATORIUM TASK FORCE: Presented was the request of Peter Berke to address Council regarding the composition of the NOWR moratorium task force, continued from August 8, 1989. Mr. Berke requested that Council instruct the N.S.C. not to interfere until the North of Wishire Residents has free elections for representatives to the North of Wilshire Residents Moratorium Task Force, and instruct the Planning Department to work with the North or Wilshire Residents. Mayor Pro Tempore Finkel moved to hear from a member of the public requesting to speak on this matter. Second by Councilmember Genser. The motion was approved I councilmember Jennings absent. Betty Bunnell spoke in support of the comments expressed by Peter Berke. No Council action was taken on Mr. Berke's request. l3-F: JOHN JURENKA/INCREASE IN UTILITY AND MAINTENANCE FEES PASSED ON TO TENANTS: Presented was the request of John Jurenka to address Council regarding city Charter requiring the tenants to pay the cost of increased utility fees and city maintenance fees. Mr. Jurenka requested that council inforce a provision of the City Charter that allows increases in utility fees to be passed on to tenants. No Council action was taken on Mr. Jurenka's request. l3-G: DANIEL DOTY/WHEELCHAIR ACCESSI~LE FACILITIES FOR THE HOMELESS: Presented was the request of Daniel Doty to address Council regarding absence of facilities equipped to assist adult males in wheelchairs who are homeless. Councilmember Genser moved to hear from a member of the pUblic wishing to speak on this matter after Mr. Doty. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. Mr. Doty expressed his concerns regarding the lack of wheelchair accessible homeless shelters, and suggested the development of an 3 August 22, 1989 L:tl'l: office that would provide vacant rent controlled units for the homeless in exchange for maintenance, or clerical assistance or whatever kind of assistance the prospective tenant is physically capable of providing. Member of the public Gayle Knowlton expressed her support for the concerns stated by Mr. Doty. Discussion was held. Council directed Mr. Doty to contact members of the Rent Control Board regarding the Inclusionary Housing Program. Staff assured Council that the issue of wheelchair accessibility for city funded homeless facilities would be reviewed at the city Council meeting of September 12, 1989. 13-H: ARTHUR F. ESKELIN/REVOCABLE ENCROACHMENT PERMITS: Presented was the request of Arthur F. Eskelin to address Council regarding issuance of revocable encroachment permits. Mr. Eskelin requested that Council take action to rectify abuses of section 9040.8a of the Santa Monica Zoning ordinance, relating to the heights of fences and walls, and to consider revoking all encroachments. Mayor Pro Tempore Finkel moved to refer the matter to staff for investigation. Second by Councilmember Katz. The motion was unanimously approved, councilmember Jennings absent. 13-I: CAROLYN BEHAR/PRODUCTION OF II ANNIE " AT BARNUM HALL: Presented was the request of carolyn Behar to address Council regarding production of "Annie" and stimulating community support for restoring Barnum Hall. Ms. Behar, representing the Santa Monica Civic Light Opera, invited the Mayor and Councilmembers to be their guests at the performance of the musical IIAnnie," being performed August 17, 18, 19, 20, 24, 25, and 26, at Barnum Hall, on the Santa Monica High School campus. Ms. Behar further urged Council to support the restoration of Barnum Hall for community use. No council action was taken on Ms. Behar's request. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby al items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Reed moved to approve the Consent Calendar with the exception of Items 6-E, and 6-F. Second by Councilmember Genser. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmerober Jennings 6-A: MINUTES APPROVAL: The City Council minutes of August 1, and August 8, 1989, were approved as presented. 6-B: HEARING OFFICERS FOR EMPLOYEE DISCIPLINARY HEARINGS: Ordinance No. 1491 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 2106I TO THE SANTA MONICA MUNICIPAL CODE IMPLEMENTING THE USE OF A HEARING OFFICER IN EMPLOYEE DISCIPLINARY HEARINGS," was adopted. 4 August 22, 1989 L!j:J 6-C: TAX-INCREMENT FUNDS FOR AFFORDABLE HOUSING: Resolution No. 7877(CCS) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE PROVISION OF LOW AND MODERATE INCOME REPLACEMENT HOUSING AND FINDING THAT EXPENDITURE FOR SUCH HOUSING WILL BE OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT l(a);" and Resolution No. 7878(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE PROVISION OF LOW AND MODERATE INCOME REPLACEMENT HOUSING AND FINDING THAT EXPENDITURE FOR SUCH HOUSING WILL BE OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT 1 (b) ," thereby amending Resolutions Number 7848 (CCS) and 7849(CCS) to be consistent with resolutions adopted by the Redevelopment Agency on July 25, 1989, finding the allocation of tax-increment funds for affordable housing activities to be of benefit to the city's three redevelopment project areas, were adopted. 6-D: BIKE LANES ON 14TH STREET BETWEEN PICO BOULEVARD AND WASHINGTON AVENUE: A resolution authorizing City Manager to apply for $27,175 of SCAG pedestrian and bicycle facility funds for the installation of bike lanes on 14th street between pico Boulevard and washington Avenue and make necessary account adjustments was withdrawn at the request of staff. 6-G: FINAL TRACT MAP 46149/CONDOMINIUM PROJECT/219 BAY STREET: Resolution No. 7880 (CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 20502, II thereby approving Final Tract Map No. 20502 for a 4-unit condominium project at 219 Bay street, was adopted. 6-H: FINAL TRACT MAP 46149/CONDOMINIUM PROJECT/1420 PRINCETON STREET: Resolution No. 7881(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46149, n approving Final Tract Map No. 46149 for a 5-unit condominium project at 1420 Princeton, was adopted. 6-I: FINAL MAP 46208/TENANT-PARTICIPATING CONVERSION/2621-2625 SIXTH STREET: Resolution No. 78S2(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46208/" thereby approving Final Map 46208 for a lO-unit tenant-participating conversion project at 2621-2625 sixth Street, was adopted. 6-J: FINAL MAP 46229/TENANT-PARTICIPATING CONVERSION/3l07 THIRD STREET: Resolution No. 7883(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46229/ If thereby approving Final Map 46229 for a 6-unit tenant-participating conversion project at 3107 Third Street, was adopted. 6-K: FINAL MAP 46646/TENANT-PARTICIPATING CONVERSION/5l5-521 SAN VICENTE: Resolution No. 7884 (CCS) entitled: !fA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND 5 August 22, 1989 286 APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46646, n thereby approving Final Map 46646 for a 17-unit tenant-participating conversion project at 515-521 San vicente Boulevard, was adopted. 6-L: PACIFIC SHORE ASSOCIATES/LENDER FINANCING REQUIREMENT: A recommendation to authorize City Manager to execute Addendum No. 5 to the Lease Agreement with Pacific Shore Associates Limited Partnership to accommodate lender financing requirement, thereby amending Contract No. 1740(CCS), was approved. 6-M: STATEMENT OF OFFICIAL ACTION/RETAIL/COMMERCIAL DEVELOPMENT/2233 PICO BOULEVARD: A recommendation to certify the Statement of Official Action upholding Planning commission's denial of DR 432, CUP 500 and 501, ZA 5304-Y, VAR 89-008 and EIR 850 for a two story/30 I, 76,074 square foot Retail/Commercial Development at 2233 pico Boulevard, pursuant to council action on July 25, 1989, was approved. 6-N: STATE SENATE BILL 140/STATE-LOCAL TRANSPORTATION DEMONSTRATION PROGRAM FUNDS: Resolution No. 7885(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE APPROVAL OF THE SENATE BILL 140 APPLICATION, II thereby approving the application submitted for State Senate Bill 140 State-Local Transportation Demonstration Program Funds, was adopted. 6-0: FINAL MAP 46689/TENANT-PARTICIPATING CONVERSION/608-610 STRAND AVENUE: Resolution No. 7886(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46689," thereby adopting Final Map 46689 for a l3-unit tenant-participating conversion project at 608-610 Strand Ave, was adopted. 6-P: ALTERNATE PARADE ROUTE/GRAND OPENING OF THIRD STREET PROMENADE: Resolution No. 7887(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON SEPTEMBER 16, 1989, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," thereby approving request of the Bayside District for an alternate parade route for the Grand Opening of the Third Street Promenade. 6-Q: SEARCH BUILDERS/TIE BACKS UNDER PARKING STRUCTURE NO.1: A recommendation to authorize the City Manager to execute Contract No. 5423 (CCS) , a license agreement with Search Builders allowing the placement of tieback devices/vertical beams under City property upon payment of negotiated fees and completion of all other conditions of the license apreement; increase the budget in Revenue Account No. 77-926-260-000-000 by $125,025; and to continue the Parking Authority action on this item to September 5, 1989, was approved. END OF CONSENT CALENDAR 6 August 22, 1989 Ltl/ 6-E: COMMERCIAL RELOCATION GUIDELINES: Presented was a Resolution approving commercial relocation guidelines for entities being displaced by the acquisition of real property. Member of the public Joy Fullmer expressed her concerns regarding the proposed resolution. The City Attorney recommended that the item be continued to the next council meeting. Councilmernber Genser moved moved to continue this item to the council meeting of september 5, 1989. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. 6-F: FINAL PARCEL MAP 19937/CONDOMINIUM PROJECT/2824 ARIZONA AVENUE: Presented was a resolution approving Final Parcel Map 19937 for 4-unit condominium project at 2824 Arizona Avenue. Member of the public Joy Fullmer expressed her concerns regarding the conversion of rental units to condominiums. Councilrnember Reed moved to adopt Resolution No. 7879(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 19937," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved, Councilmember Jennings absent. At 9:15 p.m., Council adjourned for a short recess. p.m., the meeting was reconvened. At 9: 30 8-A: SHELL CALIFORNIA PIPELINE COMPANY/FRANCHISE AGREEMENT: Presented was a staff report transmitting an ordinance for introduction and first reading granting a franchise to Shell California Pipeline Company to operate, maintain, inspect, remove, replace and abandon a pipeline and appurtenant facilities in certain public streets of the City of Santa Monica, and resolution finding categorical exemption and certifying the Final Environmental Impact Report. Council asked questions of staff. At 9:34 p.m., Mayor Zane declared the pUblic hearing opened. Joy Fullmer expressed her concerns regarding the granting of the franchise . Walter Schwartz spoke in support of the proposed franchise agreement. At 9:36 p.m., there being no one else wishing to speak, Mayor Zane declared the public hearing closed. Councilmember Reed moved to adopt Resolution No. 7888(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING CATEGORICAL EXEMPTION AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED EASEMENT FRANCHISE RENEWAL OF THE SHELL OIL COMPANY VENTURA-WILMINGTON CRUDE OIL PIPELINE," reading by title only and waiving further reading thereof, thereby certifying the Environmental Impact Report. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 7 August 22, 1989 288 Mayor Pro Tempore Finkel moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA GRANTING A FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY TO OPERATE, MAINTAIN, INSPECT, REPAIR, REMOVE, REPLACE AND ABANDON A PIPELINE AND APPURTENANT FACILITIES IN CERTAIN PUBLIC STREETS OF THE CITY OF SANTA MONICA, II reading by title only and waiving further reading thereof, and thereby approving a new franchise agreement with Shell California Pipeline Company. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Ganser, Katz, Reed, Mayor Zane Absent: councilmember Jennings 8-B: RESIDENTIAL PLUMBING FIXTURE REBATE AND SURCHARGE PROGRAM: Presented was a staff report transmitting an ordinance for introduction and first reading adding section 7200A to the Santa Monica Municipal Code establishing a residential plumbing fixture rebate and surcharge program. Council asked questions of staff. At 9:45 p.m., Mayor Zane opened the public hearing. John Jurenka, Joy Fullmer, Donna Alvarez, Elaine Dobrin, Chester Hoover, Fred Fitzgerald, Archie Arzooyan, and Walter Schwartz spoke in opposition to the proposed ordinance and in favor of allowing the cost of the plumbing retrofit program to be passed on to tenants. At 10:05 p.m., there being no one else wishing to speak, Mayor Zane declared the public hearing closed. Discussion was held. Councilmember Reed moved to introduce the ordinance entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7200A TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH A RESIDENTIAL PLUMBING FIXTURE REBATE AND SURCHARGE PROGRAM," reading by title only and waiving further reading thereof, with respect to the Residential Plumbing Fixture Rebate program, and to excise the language in the ordinance with regard to the surcharge program, and to hold that in abeyance until some later consideration. Second by Councilmember Katz. The City Attorney indicated for the record that the changes would be as follows: The words, "AND SURCHARGE, 11 would be deleted from the title of the ordinance and Municipal Code Section. Subdivision (b) would be deleted in its intirety. Subdivision (c) would become Subdivision (b) . The words, "or relieved of the obligation to pay a surcharge, II and the words, "reimpose the surcharge, or do both," would be eliminated from the new SUbdivision(b). The motion to introduce the ordinance as amended was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Ganser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings Mayor Pro Tempore Finkel moved to instruct staff to return to Council with proposals, with respect to all issues which bear 8 August 22, 1989 289 upon the implementat~on of Subdivision (b) of the proposed ordinance, on an evenl.ng subsequent to the hOlding of a study session regarding the implementation of a surcharge 1 and the costs involved, and to invite members of the Rent Control Board to attend the study session. Second by Councilmember Reed. The motion was approved by the following vote: Absent: Councilmember Jennings Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz 1 Reed, Mayor Zane Councilmember Reed moved to postpone Council's consideration of Items 9-A, and 9-B, until the end of the agenda. Second by Councilmember Katz. The motion was unanimously approved, Councilmember Jennings absent. II-A: INITIATIVE ESTABLISHING A BEACH OVERLAY DISTRICT: Presented was a report of the City Clerk on the certification from the county Registrar-Recorder of an initiative establishing a Beach Overlay District. The City Clerk reported that the petition contained valid signatures in excess of 10%, but less that 15%, of the registered voters in the city of Santa Monica as verified by the County Registrar-Recorder. council asked questions of staff. Councilmember Katz moved to continue this matter for 30 days to allow staff to return to council with a report on the cost of holding an election, and the fiscal impacts of both initiatives that have been submitted to the City Clerk. Second by Councilmember Reed. Discussion was held. During discussion, the motion was amended to include an analysis of the internal consistency of both measures with the city's current Housing Element, Zoning Code, and General Plan. Councilmember Genser moved a substitute motion to limit staff's analysis to only the various economic effects of the different options in scheduling the election or elections. Second by Mayor Pro Tempore Finkel. Mayor Zane moved to continue Council's consideration of this item to later in the meeting (after Item 12-B) so that staff may present Council with some broad categories of examination that staff is confident can be accomplished in the 30 day period provided for in the state Elections Code. Second by Councilmember Abdo. Discussion was held. The motion to continue this item to later in the meeting was approved by the following vote: Absent: Councilmember Jennings Council vote: Affirmative: Councilmembers Abdo, Finkel 1 Genser, Reed, Mayor Zane Negative: Councilmember Katz ll-B: LOAN AGREEMENT WITH L.A. COUNTY TRANSPORTATION COMMISSION/PURCHASE AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY/BERGAMOT PROPERTY: Presented was a staff 9 August 221 1989 290 report transmitting a recommendation to authorize city Manager to execute a loan agreement wi th the Los Angeles County Transportation Commission and to execute a purchase agreement with the Southern Pacific Transportation Company for the Bergamot property; a 9.5 acre parcel located along the south side of the railroad right-of-way north of Michigan Avenue, between 26th street and Stewart Avenue, to be used as a rail car storage and light maintenance yard. Members of the public Ed Folse, Peter Zimmerman, Donna Alvarez, Bob Gutierrez, Paul Rosenstein, and David G. Cameron spoke in support of the acquisition of this property. Joy Fullmer expressed her concerns regarding underground toxic materials. Councilmember Reed moved to approve the staff recommendations, thereby authorizing the city Manager to execute the Purchase Agreement with the Southern Pacific Transportation Company for the acquisition of the Bergamot property for the amount of $17,250,000, contingent upon receipt of a loan in the amount of $6,900,000 from the Los Angeles County Transportation Commission; authorizing the city Manager to execute a Loan Agreement with the Los Angeles County Transportation Commission for the amount of $6,900,000 to assist in the purchase of the Bergamot property from the Southern Pacific Transportation Company; approving the revenue and expenditure budget adjustments as set forth in the staff report~ authorizing the City Manager to take whatever additional actions as may be required to accomplish the purchase and loan; and appropriating an additional $140,000 of Santa Monica Rail Reserve Funds for the purpose of soils investigation and offsetting the closing costs that may be encountered in the next 30 days. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: councilmember Jennings 11-C: PARKING DEMAND STUDY/SENIOR HOUSING PROJECT/1116-46 FOURTH STREET: The matter of a report on the results of a parking demand study for the proposed senior housing project on Parking Lot 4 at 1116-46 Fourth Street and recommendation to proceed with proposed proj ect, was continued to the meeting of september 5, 1989. 11-0: INDUSTRIAL WASTEWATER CONTROL PROGRAM: A recommendation to approve an expanded Industrial Wastewater Control Program, make budgetary amendments, and adopt a resolution estab1 ishing industrial wastewater control fees, was continued to the meeting of September 5, 1989. Councilmember Genser moved to extend the meeting past 11:00 p.m. Second by Counci1member Abdo. The motion was unanimously approved, Councilmember Jennings absent. 11-E: CLOSED SESSION: Not held. 10 August 22, 1989 291 12-A: PLANNING COMMISSION APPEAL/1413 5TH STREET: Presented was staff report transmitting an appeal of the planning Commission denial of Conditional Use Permit 534 and Variance ZA 5395-Y to allow the operation of an 180 seat restaurant and issuance of General Alcohol License to allow on-site consumption at 1413 5th street. Applicant/Appellant: Pacific Court Holdings. Council asked questions of staff. Council asked questions of staff. Don Wheeler spoke on behalf of the applicant/appellant in support of the appeal. Members of the public Martin Sosin, Don Franzen, John Sedlar, Sidney Sharp, Greg Spiess, and Geraldine Spira spoke in support of the appeal. Discussion was held. councilmember Katz moved to remand this matter to the Planning commission until the applicant is able to secure a lease for the additional 19 parking spaces, and direct the Planning Commission to review the conditions set forth by staff to allow the restaurant to operate at night, as well as during the day. Second by Counci1member Genser. Discussion was held. Councilmember Reed moved a substitute motion to uphold the appeal and direct staff to issue the conditional use permit, the variance, and the alcohol license, and to further direct that staff craft the conditions necessary for Council's approval on the Consent Calendar. Such conditions shall be the demonstration of adequate parking to support the intended number of seats prior to the granting of the Certificate of Occupancy, or whatever mechanism staff feels can be administratively issued to tie the condition of additional parking to the restaurant's ability to proceed. Second by Mayor Pro Tempore Finkel. The substitute motion was approved by the following vote: Council vote: Aff irmati ve: Councilmembers Abdo, Finkel, Katz, Reed, Mayor Zane Negative: Councilmember Genser Absent: Councilmember Jennings 12-B: PLANNING COMMISSION APPEAL/HOTEL DEVELOPMENT/1746 OCEAN AVENUE: Presented was an appeal of the Planning commission approval of Development Review 425, Variance 89-006, EIA 868, 1746 Ocean Avenue, six story, 138,369 square-foot Hotel with 221 parking spaces provided in a three-level subterranean garage. Resolution certifying the Final Environmental Impact Report. Applicant: Maguire Thomas Partners. Appellant: Sharon Gilpin and Laurel Roennau. Councilmember Genser stepped down from the dais during Council consideration of this item due to a possible conflict of interest. Appellants Sharon Gilpin, Michael Lesley, and Laurel Roennau spoke in support of the appeal, and in opposition to the project. Dan Kingsley spoke on behalf of the applicant r in opposition to the appeal, and in support of the project. Members of the pUblic Emily Silcock, Darsie Anderson, curtis Sams, David Lewis, Estelle Seiger, Bob Gabriel, and Rosalie sherwood spoke in opposition to the appeal, and in support of the project. Stephanie Barbanell, Sally Reinman, John Bodin, Eric Chen, Russ Shaver, Oonald Lewin Nelson, and Michael 11 August 22, 1989 292 Brourman spoke in support of the appeal and expressed concerns regarding the quality of the Environmental Impact Report. Councilmember Katz moved to hear from a member of the pUblic who submitted a late request to speak on this item. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Jennings absent. Member of the public Jack Baptista expressed his concerns regarding the quality of the EIR, and spoke in opposition to the project. Dan Kingsley spoke on behalf of the appl icant, in rebuttal to remarks made in opposi tion to the project. At 10: 15 p.m., Council adjourned for a short recess. At 10:25 p.m., Council reconvened. Councilmember Reed moved to adopt Resolution No. 7890(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL EMPACT REPORT ON THE 1733 OCEAN AVENUE OFFICE BUILDING AND THE 1746 OCEAN AVENUE HOTEL," reading by title only and waiving further reading thereof, and thereby certifying the environmental impact report. Second by Councilmember Abdo. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Mayor Zane Katz, Reed, Negative: Mayor Pro Tempore Finkel Absent: Councilmembers Genser, Jennings councilmember Reed moved to deny the appeal, uphold the decision of the Planning Commission, and adopt the conditions stipulated by the Planning Commission. Second by Councilmember Katz. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Abdo, Katz, Reed Negative: Councilmembers Finkel, Mayor Zane Absent: councilmembers Genser, Jennings Mayor Pro Tempore Finkel requested that the record reflect that his IIno" vote is not predicated upon a value judgement that he has made regarding the desirability or the merits of the hotel, or the design, but rather based upon his inability to determine what the environmental impact of the project is going to be, and therefore he feels that he can not intelligently cast a supportive vote. The Planning Commission decision, on this project, stands. II-A: INITIATIVE ESTABLISHING BEACH OVERLAY DISTRICT (CONTINUED): Discussion was held. Councilmember Genser restated his motion that staff's analysis be limited to only the fiscal 12 August 22, 1989 293 elections, The motion The motion issues related to the various scheduling options for and nothing else, and to report back in thirty days. was previously seconded by Mayor Pro Tempore Finkel. failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser Negative: Councilmembers Abdo, Katz, Reed, Mayor Zane Absent: Councilmember Jennings Discussion was held. councilmember Reed I s original motion to direct staff to perform a limited study failed by the following vote: Council vote: Affirmative: Councilmembers Abdo, Katz, Reed Negative: Councilmembers Finkel, Genser, Mayor Zane Absent: Ceuncilmember Jennings moved to set a date for a special to consider these initiatives. Second Discussion was held. Councilmember Mayor Pro Tempore Finkel election in June of 1990, by Councilmember Genser. Genser withdrew his second. Councilmember Genser moved to direct staff to perform a 30 day study to examine the fiscal impacts of various election dates, and evaluate both initiatives with respect to the California Coastal Act. Second by Mayor Pro Tempore Finkel. The motion failed by the following vote: council vote: Affirmative: Councilmembers Finkel, Genser, Mayor Zane Negative: councilmembers Abde, Katz, Reed Absent: Councilmember Jennings Councilmember Katz moved to continue this matter for 30 days to allow staff to return to Council with a report on the cost of holding a special election versus the cost of a regular election; the revenue impacts of both initiatives that have been submitted to the City Clerk; issues relating to City land use policies; state of California Department of Parks and Recreation issues; and Coastal Act issues. Second by Councilmember Reed. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel f Katz, Reed, Mayor Zane Negative: Councilmember Genser 13 August 22, 1989 294 Absent: Councilmember Jennings Councilmember Genser requested that the record reflect that his negative vote is because he feels that it is inappropriate to put City staff in the position of having to make subjective analyses about matters that will go before the voters, and because he thinks that the direction being given by the Council is of a nature that will provide information that will slant the result of the investigation towards one initiative over another. 14-A: VETERANS MEMORIAL MONUMENT: The request of Councilmember Reed to discuss relocation of Veterans Memorial Monument, continued from August 8, 1989, was continued to the meeting of September 5, 1989. 14-B: SISTER CITY ASSOCIATION: The request of Mayor Zane to discuss the sister city Association's relations to the City was continued to the meeting of September 5, 1989. 14-C: HOMELESSNESS IN SANTA MONICA: The request of Mayor Zane to discuss problems related to homelessness in Santa Monica was continued to the meeting of September 5, 1989. 14-0: HOUSING ELEMENT REVISION: The request of Mayor Zane to discuss proposals for inclusion in Housing Element Revision was continued to the meeting of September 5, 1989. 14-E: UNITED NATIONS ENVIRONMENT PROGRAMME: The request of Mayor Zane to discuss distribution of "Personal Action Guide for the Earth" pamphlet from the United Nations Environment Programme was continued to the meeting of September 5, 1989. 9-A: MEMORANDUM OF UNDERSTANDING/MUNICIPAL EMPLOYEES ASSOCIATION: Presented was a recommendation to adopt a resolution approving a Memorandum of Understanding with the Municipal Employees Association (MEA). councilmember Katz moved to approve the staff recommendation and adopt Resolution No. 7889 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION,II reading by title only and waiving further reading thereof, thereby authorizing the City Manager to execute Contract No. 5424(CCS). Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 9-B: EXECUTIVE PAY PLAN: The matter of a Resolution for adoption revising the Executive Pay Plan was continued to the meeting of September 5, 1989. 14 August 22, 1989 295 ADJOURNMENT: councilmember Reed moved to adjourn this meeting to August 23, at 6:00 p.m., soley for the purpose of any necessary reconsideration of Item 11-Bi and to adjourn to Tuesday, september 5, at 7:30 p.m., for the purpose of considering Items 6-E, 6-Q, 9-B, l1-C, 11-D, 14-A, 14-B, 14-C, 14-0, and 14-E. Second by Councilmember Katz. The motion was unanimously approved, Councilmember Jennings absent. At 2:35 a.m., the meeting was adjourned. ATTEST: APPROVED: ~!~ City Clerk D--- )~- - - Dennis Zane Mayor 15 August 22, 1989