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M-7/25/1989 250 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 25, 1989 A meeting of the Santa Monica City council was called to order by Mayor Zane at 7:06 p.m., on Tuesday, July 25, 1989, in the council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel (arrived during Closed Session) Councilmember Judy Abdo Councilmember Ken Genser (arrived during Closed Session) Councilmember William H. Jennings Councilmember Herbert Katz Councilmember Christine E. Reed Also Present: city Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen CLOSED SESSION: At 7:07 p.m., Council adjourned to Closed session for the purpose of considering personnel matters and the following list of pending 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. C714602. At 7:45 p.m., Council reconvened with all members present. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser Councilmember William H. Jennings Councilmember Herber Katz councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Councilmernber Reed led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. 4-A: RALPH GIBSON/COMMENDATION FOR VOTER REGISTRATION EFFORTS AND PARTICIPATION IN CIVIL RIGHTS ANNIVERSARY: Mayor Zane presented a commendation to Ralph Gibson for his participation in 1 July 25, 1989 251 the 25th Anniversary of the deaths of three civil rights workers in Mississippi and on behalf of his efforts to register voters. REDEVELOPMENT AGENCY REGULAR MEETING : At 7:52 p.m., Chairperson Zane convened a regular meeting of the Santa Monica Redevelopment Agency. Roll Call: Present: Chairperson Dennis Zane Chairperson Pro Tempore David B. Finkel Agency Member Judy Abdo Agency Member Ken Genser Agency Member William H. Jennings Agency Member Herbert Katz Agency Member Christine E. Reed Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Clarice E. Johnsen RA-l: MINUTES APPROVAL: Presented for approval were the Redevelopment Agency minutes of June 27, 1989. Agency Member Ka tz moved to approve the minutes as presented. Second by Chairperson Pro Tempore Finkel. The motion was unanimously approved. CC/RA-2: FUNDS ALLOCATION/DOWNTOWN AND OCEAN PARK REDEVELOPMENT PROJECT/EARNEST MONEY AGREEMENTS/PICO NEIGHBORHOOD HOUSING TRUST FUND: Presented was a staff report transmitting recommendations to(l) adopt resolutions allocating funds to the Downtown and Ocean Park l(a) and l(b) Redevelopment Project Low and Moderate Income Housing Trust Funds, (2) adopt resolutions finding the use of funds to be a benefit, (3) approve earnest money agreements wi th community Corporation of Santa Monica for the city-wide Housing Acquisition and Rehabilitation Program (CHARP) and the Pi co Neighborhood Housing Trust Fund (PNHTF), (4) approve agreement with the pico Neighborhood Association for the implementation of PNHTF, and (5) approve revisions to the program guidelines for CHARP and PNHTF. Council asked questions of staff. Member of the pUblic Joy Fullmer spoke in support of increased funds for housing for low income single people and expressed her concerns regarding H.U.D. income limits. Agency Member Katz moved to adopt Resolution No. 426 (RAS) entitled: IIA RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA ALLOCATING $98,866 TO THE DOWNTOWN REDEVELOPMENT PROJECT LOW AND MODERATE INCOME HOUSING TRUST FUND TO PROVIDE FINANCING FOR THE CITYWIDE HOUSING ACQUISITION AND REHABILITATION PROGRAM AND FINDING THE PROVISION OF SUCH HOUSING TO BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT," reading by title only and waiving further reading therof. Second by Agency Member Genser. The motion was approved by the following vote: Redevelopment Agency vote: Unanimously approved 7-0 2 July 25, 1989 252 Agency Member Katz moved to adopt Resolution No. 427 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA ALLOCATING $164,000 TO THE OCEAN PARK REDEVELOPMENT PROJECT lea) LOW AND MODERATE INCOME HOUSING TRUST FUND TO PROVIDE FINANCING FOR THE CITY WIDE HOUSING ACQUISITION AND REHABILITATION PROGRAM AND FINDING THE PROVISION OF SUCH HOUSING TO BE OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT l(a)," reading by title only and waiving further reading therof. Second by councilmember Abdo. The motion was approved by the following vote: Redevelopment Agency vote: Unanimously approved 7-0 Agency Member Katz moved to adopt Resolution No. 428 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA ALLOCATING $60,806 TO THE OCEAN PARK REDEVELOPMENT PROJECT l(b) LOW AND MODERATE INCOME HOUSING TRUST FUND TO PROVIDE FINANCING FOR THE CITY WIDE HOUSING ACQUISITION AND REHABILITATION PROGRAM AND FINDING THE PROVISION OF SUCH HOUSING TO BE OF BENEFIT TO THE OCEAN PARK REDEVELOPMENT PROJECT l(b)," reading by title only and waiving further reading thereof. Second by Agency Member Abdo. The motion was approved by the following vote: Redevelopment Agency vote: Unanimously approved 7-0 Agency Member Katz moved to approve the execution of Contract No. 5398 (RAS) by and between the Redevelopment Agency of the City of Santa Monica and Community Corporation of Santa Monica for $ 75, 000 in CHARP Earnest Money funds. Second by Agency Member Reed. The motion was approved by the following vote: Redevelopment Agency vote: UnanimOUSly approved 7-0 Mayor Pro Tempore Finkel moved to adopt Resolution No. 7847(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING AND DETERMINING THAT THE USE OF FUNDS IN THE DOWNTOWN REDEVELOPMENT PROJECT LOW AND MODERATE INCOME HOUSING TRUST FUND WILL BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT," reading by title only and waiving further reading thereof. Second by Councilmemher Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Katz moved to adopt Resolution No. 7848(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)," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: 3 July 25, 1989 253 council vote: Unanimously approved 7-0 councilmember Katz moved to adopt Resolution No. 7849 (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(b),n 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: Unanimously approved 7-0 councilmember Katz moved to approve the execution of Contract 5399(CCS) by and between the City of Santa Monica and community corporation of santa Monica for $25,000 in PNHTF Earnest Money funds. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: council vote: unanimously approved 7-0 councilmember Katz moved to approve the execution of contract No. 5400(CCS) by and between the City of Santa Monica and the pico Neighborhood Association for the implementation of the pico Neighborhood Housing Trust Fund. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Agency Member Katz moved to table the approval of the reV1S1on to the program Guidelines for the City-wide Housing Acquisition and Rehabilitation Program as described in the staff report dated July 25, 1989. Second by Agency Member Reed. The motion fails, Agency Members Abdo, Finkel, Genser and Chairperson Zane opposed. Agency Member Genser moved to approve the revision to the Program Guidelines for the City-wide Housing Acquisition and Rehabilitation Program as described in the staff report dated July 25, 1989. Second by Agency Member Abdo. Discussion was held. The motion was approved, Agency Member Katz opposed. Mayor Pro Tempore Finkel moved to approve the revisions to the Program Guidelines for the Pico Neighborhood Housing Trust Fund as described in the staff report dated July 25, 1989. Second by Councilmember Genser. The motion was approved, Councilmember Katz opposed. At 8:30 p.m., the Redevelopment Agency meeting was adjourned, and the regular city Council meeting was reconvened. 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 Finkel moved to approve the Consent Calendar with the exception 4 July 25, 1989 254 of Items 6-E, and 6-G, reading resolutions and ordinances by title only and wa~v~ng further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of June 20, June 27 and July 11, 1989, were approved as written. 6-B: SIDEWALKS, DRIVEWAYS, AND CURBS: Resolution No. 7850(CCS) entitled: itA 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-89-146/147)," thereby setting a public hearing for September 12, 1989, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets, was adopted. 6-C: PUBLIC LIBRARY FILM CIRCUIT/SOUTHERN CALIFORNIA FILM CIRCUIT: Resolution No. 7851(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO DISSOLVE THE PUBLIC LIBRARY FILM CIRCUIT COMMISSION, A JOINT POWERS AGENCY, AND TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE SOUTHERN CALIFORNIA LIBRARY FILM CIRCUIT COMMISSION, A JOINT POWERS AGENCY, It thereby dissolving the Public Library Film Circuit and authorizing the City Manager to negotiate and execute Contract No. 5401(CCS) and related documents, a joint powers agreement with the Southern California Film Circuit, and designating Carol A. Aronoff as the City's representative on the commission, was adopted. 6-D: FINAL TRACT MAP 18758/CONDOMINIUM PROJECT/155 OCEAN PARK BOULEVARD: Resolution No. 7852(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVIS ION MAP FOR TRACT NO. 18758, II thereby approving Final Tract Map No. 18758 for 2-unit condominium at 155 Ocean Park Boulevard, was adopted. 6-F: INDUSTRIAL WASTEWATER CONTROL ORDINANCE: A recommendation to direct the City Attorney to amend Industrial Wastewater Control Ordinance No. 1373(CCS), as described in the staff report dated July 25, 1989, was approved. 6-H: BANNER ART/THIRD STREET PROMENADE: A recommendation to authorize the City Manager to negotiate and execute Contract No. 5402 (CCS) with Michael McCall and Contract No. 5403 (CCS) with J. Michael Walker for a total of $41,000 to create banner art for the Third Street Promenade was approved. 6-I: ELECTRICAL SUPPLIES BID: A recommendation to reject Bid No. 2222 from Graybar Electric and Crown and Wholesale Electric for outlet boxes, switch boxes, connectors and miscellaneous 5 July 25, 1989 255 electrical supplies and that staff be directed to revise the specifications and rebid the requirement, was approved. 6-J: ELECTRICAL SUPPLIES BID: A recommendation to rej ect Bid No. 2225 from Graybar Electric and Crown Wholesale Electric for bushings, connectors, cap services, clamps and miscellaneous electrical supplies and that staff be directed to revise the specifications and rebid the requirement, was approved. 6-K: SULLY MILLER/STREET RESURFACING PROGRAM: Contract No. 5404 (CCS) was awarded to Sully Miller Contracting Co., as the lowest responsible unit price bidder, in the amount of $759,119.51 for 1988-89 street resurfacing program and the City Engineer was authorized to issue any change orders necessary to complete additional work to the extent of funds available in accordance with the Administrative Instruction on Change Orders. 6-L: 1989 WEED AND RUBBISH ABATEMENT ROLLS/APPLE t S TRACTOR SERVICE: A recommendation to confirm the 1989 weed and rubbish abatement assessment roll and amend Contract No. 5290(CCS) with Apple's Tractor Service to cover additional costs in the amount of $5,149.75, was approved. 6-M: RECORD STORAGE AND RETRIEVAL SYSTEM/POLICE DEPARTMENT: A recomendation to authorize the City Manager to negotiate and execute Contract No. 5405(CCS), a five year lease/purchase agreement with FileNet Corporation for equipment and services for an optical disk record storage and retrieval system for the Police Department was approved. 6-N: ALTERNATE RACE ROUTE/ST. MONICA'S CHURCH: Resolution No. 7854 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A RUNNING RACE ON SEPTEMBER 30, 1989 OTHER THAN THE OFFICIAL CITY ROUTES," thereby approving an alternate race route for st. Monica I s Church on September 30, 1989, was approved. 6-0: JANITORIAL SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2229 was awarded to waxie ' s Enterprise, Inc., as the lowest and best bidder, at specified unit prices to furnish and deliver janitorial supplies for various departments and reject a low bid of B & L Mastercare due to failure to met specifications, was approved. 6-P: SHELL CALIFORNIA PIPELINE COMPANY/FRANCHISE AGREEMENT: Resolution No. 7855 (CCS) entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO GRANT A FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY FOR AN EXISTING PIPELINE, thereby declaring the intention of the City Council to enter into a franchise agreement with Shell California Pipeline Company for an existing pipeline, was adopted. END OF CONSENT CALENDAR 6 July 25, 1989 256 6-E: FINAL TRACT MAP 20677/CONDOMINIUM PROJECT/434 PIER AVENUE: Presented was a staff report transmitting a resolution approving Final Tract Map 20677 for 4 unit condominium at 434 pier Avenue. Councilmember Abdo stepped down from the dais during Council discussion and vote on this matter at the advise of the City Attorney because the project is located near her residence and therefore poses a possible conflict of interest. Councilmember Katz moved to approve the staff recommendation and adopt Resolution No. 7853 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 20677," reading by title only and waiving further reading thereof. Second by councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Abdo. Counci1member Abdo returned to the dais. 6-G: HONOR BOXES FOR PARKING FEES AT BEACH PARKING LOTS: Presented was a staff report transmitting a recommendation to direct the city Attorney to amend Municipal Code Section 3202 relating to deposit of parking lot fees into honor boxes at beach parking lots. Counci1member Genser moved to consolidate this item with Item 10-A. Second by Counci1member Reed. The motion was unanimously approved. 7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report transmitting a resolution and public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs. Mayor Zane declared the public hearing opened. There being no one wishing to speak, the public hearing was declared closed. Counci1member Reed moved to approve the staff recommendation and confirm the assessments with the exception of the property located at 425 4th Street; and to adopt Resolution No. 7856(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, II reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8 -A: PERMANENT WATER CONSERVATION MEASURES: Presented was a staff report transmitting an ordinance for introduction and first reading amending Chapter 2A of Article VII of the Santa Monica Municipal Code to make permanent existing emergency water conservation measures, continued froIn July 11, 1989. At 8:30 p.In., Mayor Zane declared the public hearing opened. Joy Fullmer expressed her concerns regarding the effectiveness of water conservation measures and the installation of individual water 7 July 25, 1989 257 meters for rental housing units. At 8:35 p.m., there being no one else wishing to speak, Mayor Zane declared the public hearing closed. council asked questions of staff. Mayor Pro Tempore Finkel moved to approve the staff recommendation and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE TO MAKE PERMANENT EXISTING EMERGENCY WATER CONSERVATION MEASURES," reading by title only and waiving further reading thereof. Second by councilmember Abdo. The motion was approved by the following vote: council vote: Unanimously approved 7-0 8-a: WASTEWATER CONTROL ORDINANCE: Presented was a staff report transmitting an emergency ordinance for introduction and adoption amending Santa Monica Municipal Code Sections 7183, 7184 , and 7185 and repealing Santa Monica Municipal Code Section 7188 to rev ise the wastewater control ordinance. At 8: 47 p. m., Mayor Zane declared the public hearing opened. Joy Fullmer expressed her concerns regarding the proposed ordinance. At 8 : 50 p. m. , there being no one else wishing to speak, Mayor Zane declared the public hearing closed. Council asked questions of staff. Councilmember Katz moved to approve the staff recommendation and adopt Ordinance No. 1488 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 7183, 7184 AND 7185 AND REPEALING SANTA MONICA MUNICIPAL CODE SECTION 7188 TO REVISE THE WASTEWATER CONTROL ORDINANCE AND DELCARING THE PRESENCE OF AN EMERGENCY, U 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: unanimously approved 7-0 At 8:55 p.m., Council adjourned for a short recess. At 9:10 p.m., the meeting was reconvened with all members present. 8-C: SEISMIC EVALUATION REPORTS/PRE-1933 UNREINFORCED MASONRY BUILDINGS: Presented was a staff report transmitting an ordinance for adoption and second reading adding Section 8111 to Santa Monica Municipal Code to adopt a seismic evaluation report for pre-1933 unreinforced masonry structures, introduced July 11, 1989. Mayor Pro Tempore Finkel stepped down from the dais during council discussion and vote on this item due to a possible conflict of interest. Councilmember Reed moved to hear from members of the public wishing to speak on this matter for three minutes each. Second by Councilmember Katz. The motion was unanimously approved, Mayor Pro Tempore Finkel absent. Members of the public Wendell Hamick, Ted Ball, Wilbank Roche, Dr. Leo Sario, Thomas Eatherton, and Joyce Hayashi spoke in opposition to the proposed ordinance. Council asked questions of staff. Councilmember Genser moved to approve the staff recommendation, thereby adopting Ordinance No. 1489{CCS) entitled: "AN ORDINANCE 8 July 25, 1989 258 OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 8111 TO THE SANTA MONICA MUNICIPAL CODE TO ADOPT A SEISMIC EVALUATION REPORT FOR PRE-1933 UNREINFORCED MASONRY STRUCTURES," reading by title only and waiving further reading thereof. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Genser, Jennings, Katz, Reed, Mayor Zane Absent: Mayor Pro Tempore Finkel Mayor Pro Tempore Finkel returned to the dais. 8-0: HEARING OFFICER/EMPLOYEE DISCIPLINARY HEARINGS: A staff report transmitting an ordinance for introduction and first reading adding section 21061 to Santa Monica Municipal Code implementing the use of a Hearing Officer in employees disciplinary hearings was withdrawn at the request of staff. 9-A: MEMORANDUM OF UNDERSTANDING/SANTA MONICA POLICE OFFICERS' ASSOCIATION: Presented was a staff report transmitting a recommendation to adopt a resolution approving Memorandum of understanding with Santa Monica Police Officers I Association. councilmember Ratz moved to approve the staff recommendation and adopt Resolution No. 7857 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SANTA MONICA POLICE OFFICERS I ASSOCIATION, II reading by title only and waiving further reading thereof; and approving Contract No. 5406(CCS) authorizing the City Manager to execute a Memorandum of Understanding with the Santa Monica Police Officers' Association. Second by Councilmember Abdo. The motion was approved by the following Vote: Council vote: Unanimously approved 7-0 9-B: MEMORANDUM OF UNDERSTANDING/UNITED TRANSPORTATION UNION: Presented was a staff report transmitting a recommendation to adopt a resolution approving Memorandum of Understanding with Uni ted Transportation Union (UTU) I Local 1785. Councilmember Katz moved to approve the staff recommendation and adopt Resolution No. 7858 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH UNITED TRANSPORTATION UNION, LOCAL 1785,11 reading by title only and waiving further reading thereof; and approving Contract No. 5407 (CCS) authorizing the City Manager to execute a Memorandum of Understanding with the United Transporation Union (UTU), Local 1785. second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 9 July 25, 1989 259 6-G: HONOR BOXES FOR PARKING FEES AT BEACH PARKING LOTS: Presented was a staff report transmitting a recommendation to direct the City Attorney to amend Municipal Code Section 3202 relating to deposit of parking lot fees into honor boxes at beach parking lots. Council asked questions of staff. (See Item lO-A for the motion concerning this matter.) 10-A: PARKING LOT GATE/2600 BEACH PARKING LOT ENTRANCE: Presented was a staff report transmitting a recommendation of the Recreation and Parks Commission to install a gate on the small parking lot located directly north of the 2600 beach parking lot entrance. council asked questions of staff. Members of the public Barry Vaughan, Jennifer Chao, Wei Chao, Joanne singleton, and John Singleton spoke in support of the installation of a gate at the entrance to the parking lot. Joy Fullmer spoke in support of the installation of parking meters in the beach parking lots. Discussion was held. Councilmember Genser moved to approve the staff recommendation on Item la-A, on an interim basis, to install a gate and exit trap for this parking lot: to approve the 10:00 p.m. closure of the gate; to authorize the City Manager to obtain the necessary Coastal Commision Permit; and to direct the staff to return to Council with a comprehensive assessment of the parking policies at the beach front (Items 6-G and la-A) with special attention to the needs of short-term parkers, evening parkers, and residents; and to look at all the economic issues involved. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Mayor Pro Tempore Finkel moved to extend the meeting to 12: 00 a . m. Second by Councilmember Katz. The motion was approved, Councilmember Jennings opposed. Mayor Pro Tempore Finkel moved to continued Items 11-A, 13-A, 14-A, 14-B, 14-C, 14-D, 14-E, and 14-F to the City council meeting of August 1., 1989: Item 1.3-A to be continued as a "5" Item. second by Councilmember Katz. The motion was unanimously approved. II-A: PLUMBING FIXTURE RETROFIT PROGRAM: The recommendation to approve a plumbing fixture retrofit program, appropriate $612,500 to water supplies and expense operating budget ~ authorize city Manager to negotiate and execute contract with Metropolitan Water District for grant funding and adopt resolution implementing a toilet fixture surcharge for residential buildings and direct city Attorney to prepare ordinance establishing a plumbing fixture retrofit program was continued to August 1, 1989. Il-B: CLOSED SESSION: Not held. 12-A: PLANNING APPEAL/RETAIL COMMERCIAL CENTER/PICO AND CLOVERFIELD BOULEVARDS/SCHURGIN DEVELOPMENT CORPORATION: 10 July 25, 1989 260 Presented was an appeal of the Planning Commission denial of a proposed two story/30', 76,074 square foot retail commercial center to be located on the northwest corner of Pico and Cloverfield Boulevards. Applicant: Schurgin Development corporation. Appellant: Law Offices of Lurie & Hertzberg, Attorney for the Schurgin Development Corporation. council asked questions of staff. Appellant, Bruce Lurie spoke on behalf of the applicant, Schurgin Development Corporation, in support of the appeal. Councilmember Jennings moved to extend the meeting to 12: 30 a.m. Second by Councilmember Reed. The motion was unanimously approved. Members of the pUblic Eric Chen, Jim Shannahan, Edward Folse, Jerry Greenwalt, John Krinunel, JoAnn Hatfield, Anita Walker, Kathleen Schwallie, George Hickey, Leota Flaten, and Richard Bloom spoke in opposition to the appeal. Don Novak spoke in support of the appeal. During the public hearing, Councilmember Katz moved to extend the meeting to 1: 00 a.m. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. Appellant, Bruce Lurie spoke in rebuttal to comments made in opposition to the appeal. Discussion was held. Councilmember Katz moved to uphold the Planning Commission's denial of DR 432, CUP 500 and SOl, Variances 5304-Y and 89-008 and reject EIR 850 with the findings contained in the Planning Commission statement of Official Action dated May 3, 1989. Second by Mayor Pro Tempore Finkel. Discussion was held. Councilmember Katz moved to extend the meeting to 1: 15 a.m. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Reed opposed. The motion to deny the appeal and reject the EIR was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane Negative: Councilmembers Jennings, Reed Councilmember Jennings requested that the record reflect that his negative vote is because he can1t agree with all of the findings that are going to be adopted as support for the particular motion on the floor. Councilmember Reed requested that the record reflect that her reasons are the same as those stated by Mr. Jennings. 13-A: JOHN JURENKA/CITY CHARTER SECTION 1805, (b), (l)/UTILITY INCREASE: The request of John Jurenka to address Council regarding City Charter Section 1805, (b) , (1), that requires the city's utility increase be passed on to the renter was continued to August I, 1989, as a "5" Item. 13-B: JOHN F. BRANCHEAU/DEMOLITION PERMIT/lOIS SECOND STREET: Councilmember Genser moved to continue the request of John F. Brancheau to address Council regarding a demolition parmi t at 1018 Second Street, to August 1, 1989, as a US" Item. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. 11 July 25, 1989 261 14-A: ANNUAL APPOINTMENTS TO BOARDS AND COMMISSIONS: The matter of the annual appointments to boards and commissions, continued from July II, 1989, was continued to August I, 1989. 14-B: VETERANS MEMORIAL MONUMENT: The request of Councilmember Reed to discuss relocation of Veterans Memorial Monument was continued to August 1, 1989. I4-C: EILEEN HECHT/PLANNING COMMISSION: The matter of the acceptance of a letter of resignation from Eileen Hecht from the planning Commission and authorization to city Clerk to post notice of vacancy was continued to August 1, 1989. l~-D: ASSEMBLY CONCURRENT RESOLUTION 32/CALIFORNIA COAST BICY9LE ROUTE: The request of Councilmember Genser to discuss support of Assembly Concurrent Resolution 32 which would designate the California coast bicycle route, and communicate the City'S support to appropriate agencies and individuals was continued to August I, 1989. 14-E: L.A. COUNTY GRAND JURY/PRIVATE BUSINESSES PERFORMING PUBLIC SERVICES: The request of Councilmember Genser to discuss adopting a resolution requesting that the Los Angeles County Grand Jury study the effectiveness of the Los Angeles County Board of Supervisor's efforts to contract with private businesses to perform public service was continued to August 1, 1989. I4-F: CONSULTANT/OUTREACH PROGRAM REGARDING HOMELESS: The request of Mayor Zane to discuss hiring a consultant to organize outreach program regarding homeless and to coordinate work with other cities was continued to August 1, 1989. 15. PUBLIC INPUT: There were no members of the public wishing to address Council. Mayor Zane announced the following action taken in Closed Session on July 11, 1989: The City Council authorized the City Manager to execute settlement documents in the Shell litigation. ADJOURNMENT: At 1:13 a.m., the City Council meeting was adjourned to August I, 1989, at 7:30 P.M. to consider Items I1-A, 13-A, I3-B, 14-A, 14-B, 14-C, 14-D, 14-E, and 4-F. The meeting was adjourned in memory of Donald Genser. ATTEST: APPROVED: ~~ Clarice E. Johnsen City Clerk ()~ I JD -.... Dennis Zane Mayor 12 July 25, 1989