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M-7/11/1989 241 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 11, 1989 A meeting of the Santa Monica City council was called to order by Mayor Zane at 6:10 p.m., on Tuesday July 11, 1989, in the council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser (arrived at 7:46 p.m.) councilmember William H. Jennings Councilmember Herbert Katz (arrived during Closed Session) Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers city Clerk Clarice E. Johnsen CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the City. At 6:10 p.m., Council adjourned to Closed Session. At 7: 35 p.m., Council reconvened. Mayor Zane announced that no action had been taken in Closed Session. Councilmember Katz led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 4-A: CITY LIVABILITY AWARD: Mayor Zane Annual City Livability Award to Paul Leaf, Arts Commission, in recognition of the leadership in the Arts and Culture. Councilmember Jennings moved to add Item 13-E to the City Council agenda. This action was necessary because the item was incorrectly agendized. Second by Councilmember Katz. The motion was approved, Councilmernber Genser absent. presented the lOth Chairperson of the City's outstanding Councilmember Abdo moved to continue Item 14-C to the regular Council meeting. Second by Councilmember Katz. motion was approved, Councilmember Genser absent. next The 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 1 July 11, 1989 242 of Items 6-E and 6-J. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Genser 6-A: MINUTES APPROVAL: The City Council minutes of June 13, 1989, were approved as presented 6-B: HANDICAPPED PARKING ZONE/210 22ND STREET: Resolution No. 7836 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 210 22ND STREET, II was adopted. 6-C: HANDICAPPED PARKING ZONE/1137 3RD STREET: Resolution No. 7837 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 1137 3RD STREET," was adopted. 6-D: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7838 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-89-144j145) ," thereby setting a public hearing on August 8, 1989, on the assessment of costs to repair damaged sidewalks, driveways and curbs, was adopted. 6-F: FINAL MAP 46215/TENANT-PARTICIPATING CONVERSION/1517 HARVARD STREET: Resolution No. 7840 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46215, II thereby approving Final Map 46215 for a 9-unit tenant-participating conversion project at 1517 Harvard street, was adopted. 6-G: FINAL TRACT MAP 30324/CONDOMINIUM PROJECT/907 LINCOLN BLVD.: Resolution No. 7841 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 30324,1t thereby approving Final Tract Map 30324 for a 6-unit condominium project at 907 Lincoln Boulevard, was adopted. 6-H: FINAL MAP 20416/TENANT PARTICIPATING CONVERSION/943 17TH STREET: Resolution No. 7842(CCS) entitled: uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 20416, II thereby approving Final Map 20416 for 4-unit tenant-participating conversion 943 17th Street, was adopted. 6-1: FINAL TRACT MAP 46393/CONDOMINIUM PROJECT/928 19TH STREET: Resolution No. 7843 (CCS) entitled: "A RESOLUTION OF THE CITY 2 July II, 1989 243 COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46393," thereby approving Final Tract Map 46393 for a 6-unit condominium project at 928 19th street, was adopted. 6-K: WIRING AND LIGHTING IMPROVEMENTS/TRANSPORTATION DEPARTMENT FACILITY: A recommendation to award Contract No. 5388(CCS) to Electrical Systems Engineering Company, as the lowest and best bidder, in the amount of $99,600 for emergency generator rewiring and stairwell lighting improvements at the Transportation Department facility; and authorize the city Engineer 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, was approved. 6-L: WATER TREATMENT PLANT EXPANSION: A recommendation to authorize the city Manager to execute an amendment to Contract No. 4849(CCS) with Kennedy/Jenks/Chilton in the amount of $106,000 to include additional engineering work on the water treatment plant expansion was approved. 6-M: ALTERNATE PARADE ROUTE/INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS: Resolution No. 7845(CCS) entitled: UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON AUGUST 6, 1989, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE, "thereby approving an alternate parade route request from the International society for Krishna Consciousness on Sunday, August 6, 1989, was adopted. END OF CONSENT CALENDAR At 7:46 p.m., Councilmember Genser entered the meeting. 6-E: FINAL MAP 45847/TENANT PARTICIPATING CONVERSION/1544 STANFORD STREET: Presented was a staff report transmitting a resolution approving approving a Final Map for Tenant-participating Conversion TPC-061 at 1544 Stanford Street. Member of the public Joy Fullltler spoke in opposition to the proposed resolution. Councilmember Reed moved to approve the staff recommendation, and adopt Resolution No. 7839 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO~ 45847," 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 6-J: STATE LEGISLATION TO PROTECT OZONE LAYER: Presented was a staff report transmitting a resolution in support of actions to protect the earth's ozone layer (AB17l8). Member of the public Joy Fullmer addressed Council in support of the proposed legislation. Councilmember Reed moved to approve the staff recommendation and adopt Resolution No. 7844 (CCS) entitled: "A 3 July 11, 1989 244 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF ASSEMBLY BILL 1718," reading by title only and waiving further reading thereof. Second by counci1member Katz. The motion was unanimously approved. 7-A: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff report and a public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs (SR-B9-140/141). At 7:55 p.m., Mayor Zane opened the public hearing. There being no one wishing to speak, Mayor Zane declared the public hearing closed. Counci1member Reed moved to approve the staff recommendation, thereby aCknowledging any protests and adopting Resolution No. 7846 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-B9-l40-141)," reading by title only and waiving further reading thereof, with the amendment that the assessment for for driveway and curb repair at 2818 3rd Street be deleted. Second Counci1member Abdo. The motion was approved by the following vote: council vote: Unanimously approved 7-0 8-A: SEISMIC EVALUATION REPORT/PRE-1933 UNREINFORCED MASONRY STRUCTURES: Presented was a staff report transmitting an ordinance for introduction and first reading adding Section 8111 to the Santa Monica Municipal Code to adopt a seismic evaluation report for pre-1933 unrein forced masonry structures. Mayor Pro Tempore Finkel excused himself from Council discussion and vote on this matter due to a possible conflict of interest and left the dais. Council asked questions of staff. At 9:05 p.m., Mayor Zane opened the public hearing. Allen Zahner, Robert Sariti, Wi1bank Roche, Dr. Robert Kovach, Karl Schober, Dolores Press, CoCo Reynolds, Ed Villanueva, and Ben Hamilton spoke in opposition to the staff recommendation. William Brantley expressed his concerns regarding the possible loss of important buildings in the community due the adoption of this ordinance. Joy Fullmer spoke in support of the proposed ordinance. At 9:50 p.m., there being no else wishing to speak, Mayor Zane declared the public hearing closed, and Council adj ourned for a short recess. Council reconvened at 10:07 p.m., with all members present. Councilmember Katz moved to introduce for first reading, the ordinance entitled: "AN ORDINANCE 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, " and approve the staff recommendation with Section 8111 amended as follows: "Seismic Evaluation Report. On or before January 25, 1990, each owner of a pre-1933 unreinforced masonry structure which has had recorded against the structure a "Notice of Substandard Building" shall file with the Building and Safety Division a "Seismic Evaluation Report for Pre-1933 URM Structure" on form provided by the 4 July 11, 1989 245 Building and Safety Division. Such Seismic Evaluation Reports shall be completed by a California licensed structural engineer whose license is active. II Second by Councilmember Jennings. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Ganser, Jennings, Katz, Reed, Mayor Zane Absent: Mayor pro Tempore Finkel councilmember Genser moved to approve the staff recommendation to direct the City Manager to enter into a contract with a consultant for the development of an Environmental Impact Report on the proposed seismic safety mitigation program. Second by Councilmember Katz. Councilmember Katz moved to amend the motion to provide that the Environmental Impact Report shall include consideration of all seismic safety mitigation possibilities, from zero, to the maximum, which would be the current building code, with a detailed analysis on the economics. The amendment was accepted as friendly. The motion, as amended, 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 at 10:45 p.m. 8-B: WATER CONSERVATION ORDINANCE: 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. councilmember Reed moved to continue this Item to the Council meeting of July 25, 1989. Second by Mayor Zane. The motion was unanimously approved. 8-C: TRANSIENT OCCUPANCY TAX INCREASE: Presented was a staff report transmitting an ordinance for adoption and second reading amending Santa Monica Municipal Code Section 6601A to increase the transient occupancy tax, introduced June 27, 1989. Mayor Pro Tempore Finkel moved to approve the staff recommendation and adopt Ordinance No. 1487 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 660lA TO INCREASE THE TRANSIENT OCCUPANCY TAX EFFECTIVE ON OCTOBER 1, 1989," 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 Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Negative: Councilmember Katz 5 July 11, 1989 246 Councilmember Katz requested the record reflect that his reasons for voting Ilno" are the same as those he expressed when the ordinance was introduced for first reading. 9-A: MEMORANDUM OF UNDERSTANDING/SANTA MONICA POLICE OFFICERIS ASSOCIATION: A recommendation to adopt a resolution approving a Memorandum of Understanding with the Santa Monica Police Officers' Association was withdrawn at the request of staff. ll-A: REORGANIZATION OF ARTS COMMISSION AND ARTS FOUNDATION: Presented was a staff report recommending the reorganization of the Arts Commission and Arts Foundation. Council asked questions of staff. Paul Leaf, Chairperson of the Arts Commission, spoke in support of the staff recommendation. Member of the public Joy Fullmer expressed her concerns regarding the proposed changes. Mayor Zane moved to extend the meeting to 12:00 a.m. Second by Councilmember Katz. The motion was unanimously approved. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby directing the City Attorney to revise the ordinances and resolutions pertaining to the establishment of appointees as voting members of both the Arts Commission and the Arts Foundation. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 ll-B: CLOSED SESSION: Held later in the meeting. l2-A: PLANNING APPEAL/2900 WILSHIRE BLVD./1217 YALE STREET: The appeal of Planning commission denial of CUP 512, DR446, ZA5345-Y, EIA872 located at 2900 Wilshire and 1217 Yale street, Appellant: Zealund corporation, was continued at the request of the appellant. 13-A: PRIVATE SOLID-WASTE DISPOSAL SERVICE/RESIDENTIALLY ZONED LOCATIONS: Presented was the request of John F. Wolcott to address Council regarding allowing private solid-waste disposal companies to service residentially zoned locations (R-4 zones). Mr. Wolcott addressed Council. Discussion was held. Council took no action on Mr. Wolcott's request. l3-B: SIDEYARD SETBACK/501 11TH STREET: The request of Chris Westphal to address Council regarding waiving the 5' sideyard setback for construction of a second story at 501 11th street was withdrawn at the request of Mr. Westphal. 13-C: DOMESTIC PARTNER BENEFITS: The request of Jeff Mudrick on behalf of the Municipal Employees Association (MEA), the Employee Action committee (EAC), the Legal Suport Staff Association of Santa Monica, (LSSASM) and the Society of Public Attorneys of Santa Monica (SPASM), to address Council regarding Domestic Partner Benefits was withdrawn at the request of Mr. Mudrick. 6 July 11, 1989 247 13-D: IRA J. SARVIAN/1043 11TH STREET: Presented was the request of Ira J. Sarvian to address council regarding property at 1043 11th street. Mr. sarvian addressed Council in support of a hardship exemption to the current development moratorium for his property. Mayor Pro Tempore Finkel moved to direct staff to do one of two things: the first, examine, in the context of Mr. Sarvian's situation, and any others that staff may be aware of, the prospect of a hardship provision that would be brought back to council for consideration as an addendum or supplement to the existing moratorium; or alternatively, if staff does not feel that a general hardship provision would be appropriate, to return to council with a recommendation regarding Council's legal right to take action during the moratorium in order to provide relief from the effects of the moratorium for this particular person. Second by councilmember Katz. At the City Attorney's direction, Mayor Pro Tempore Finkel amended his motion to delete the second option for staff action. Discussion was held. The motion failed by the following vote: council vote: Affirmative: councilmembers Finkel, Katz, and Reed Negative: Councilmembers Abdo, Ganser, Jennings, Mayor Zane No further action was taken on Mr. Sarvian's request. 13-E: TED HAYES/SOLUTION TO HOMELESS PROBLEM:Councilmember Katz moved to consolidate Items 13-E, and 14-B into one item. Second by Councilmember Reed. The motion was unanimously approved. 14-B: RELOCATION OF HOMELESS TO CITY HALL: Councilmember Jennings initiated Council discussion regarding his proposal to relocate the homeless in Santa Monica to City Hall. Ted Hayes addressed Council in support of Councilmember Jennings's proposal as part of a realistic solution to the homeless problem, by providing a localized place for homeless people to establish a base of operations for getting back on their feet. Councilmember Jennings moved to hear from members of the pUblic wishing to speak on this issue, for three minutes each. Second by Councilmember Genser. The motion was unanimously approved. Joseph Palazzolo, David Norfleet, Jack Clemens, Art Casillas, and B. Hawkins, spoke in support to Councilmember Jennings proposal. Councilmember Jennings moved to open up the city Hall lawn for temporary housing for homeless persons within six months from tonight (July ll, 1989) , and authorize the city Manager to appoint an Advisory committee to advise him on matters such as; the length of time that people should be allowed to stay in the temporary housing; the selection criteria, if any; necessary security measures; the program's internal governance, if any; sanitary facilities to be provided; the range and kinds of services to be provided to homeless persons; the kinds of shelter to be considered; the cost of this program to the City and means of financing: and ways to involve the business and church 7 July 11, 1989 248 communities, and other resources in finding employment for these people and in attempting to link up homeless people with people who will, in essence, adopt them. Second by Councilmember Katz. Discussion was held. councilmember Finkel moved to amend the motion so that staff is not directed to develop this program in a particular place, but that staff be instructed to search for an appropriate site and a suitable methodology for implementing the program. Councilmember Genser moved to extend the meeting past 12:00 a.m. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmembers Katz and Reed opposed. Discussion was held. During discussion, the amendment was clarified to be direction to staff to search for an appropriate site, make recommendations to Council regarding such place, and to consider in their study all public facilities, including the City Hall lawn as recommended by councilmember Jennings, in addition to the other programmatic objectives, as stated by Councilmember Jennings. Second by Councilmember Abdo. After further discussion, Councilmember Jennings accepted councilmember Finkel's amendment as friendly provided that the City Hall lawn is included in the sites to be considered, and that the six month time-frame for development of the program is maintained. The motion, as amended was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Jennings moved to direct the city Manager, with the possible assistance of the Advisory Committee, as proposed in the previous motion, to open up discussions with other cities about participating in a plan along the lines that were proposed in the previous motion. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. Mayor Zane requested that the City Clerk place, on his behalf, a "14" item on the agenda of the next Council meeting regarding the hiring of consultants to organize the outreach and political work related to this matter and to report to council on ways to affect the larger political arena. 14-A: ZERO-NET SEWAGE GROWTH: Mayor Zane moved to continue his request to discuss developing a program for zero-net sewage growth, continued from June 20, 1989, to the next Council meeting as a "5" item. Second by Councilmember Genser. The motion was unanimously approved. 14-C: ANNUAL APPOINTMENTS TO BOARDS AND COMMISSIONS: The matter of the annual appointments to boards and commission, continued from June 27, 1989, was continued to the council meeting of July 25, 1989. B July 11, 1989 249 Mayor Zane stated that Items 14-D, 14-E, and 14-F would be considered together. 14-0: GABRIELE GOLDAPER/RESIGNATION FROM THE COMMISSION ON THE STATUS OF WOMEN: 14-E: INESE LACEY/RESIGNATION FROM THE COMMISSION ON THE STATUS OF WOMEN: 14-F: ETHEL GULLETTE/RESIGNATION FROM THE COMMISSION ON THE STATUS OF WOMEN: Presented was the matter of the acceptance of resignation of Gabriele Goldaper, Inese Lacey, and Ethel Gullette from Commission on the status of Women and authorization to city Clerk to post notice of vacancy. Mayor Zane moved to accept with regret the resignations of Gabriele Goldaper, Inese Lacey, and Ethel Gullette from the Commission on the status of Women, and to authorize the City Clerk to post a notice of vacancy. Second by Councilmember Genser. The motion was unanimously approved. 11-B: CLOSED SESSION: At 12: 45 a.m., Council adjourned to Closed Session to consider the following pending litigation: Hamil ton v. Ci ty of Santa Monica, santa Monica Superior Court Case No. WEe 122 910. At 1:04 a.m., Council reconvened, Councilmember Genser absent. Councilmember Reed moved to approve a settlement in the case of Hamil ton v. Ci ty of Santa Monica, in the amount of $22,500. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. Councilmember Genser was absent. ADJOURNMENT: At 1:05 a.m., the meeting was adjourned in memory of Florence McDonald. ATTEST: APPROVED: p.... 'I Sa- · Dennis Zane Mayor 9 July 11, 1989