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M-6/13/1989 216 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 13, 1989 A regular meeting of the Santa Monica city Council was called to order by Mayor Zane at 6:10 p.m., on Tuesday June 13, 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 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 6:11 p.m., council adjourned to Closed Session for the purpose of considering personnel matters and litigation. At 7:38 p.m., Council reconvened with all members present. No action was announced from Closed Session. Councilmember Jennings led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 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. councilmember Katz moved to approve the Consent Calendar with the exception of Item 6-N} reading ordinances and resolutions by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the fOllowing vote: Council vote: unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of May 2, May 9, and May 16, 1989, were approved as presented. 6-B: PARKING METER RATES/PARKING METERS ON VARIOUS CITY STREETS: Ordinance No. 1482 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE SECTIONS 3393A, 3393B, 3393C, 33930, 3393E, AND 3393F AND REPEALING MUNICIPAL CODE SECTION 3393G INCREASING PARKING METER RATES AND AUTHORIZING PARKING METERS TO BE PLACED ON VARIOUS CITY STREETS,1t was adopted, thereby increasing parking meter rates and authorizing parking meters to be placed on various City streets, introduced May 23, 1989. 1 June 13, 1989 217 6-C: POWERS AND PROCEDURES FOR ISSUING REVENUE BONDS: Ordinance No. 1483(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2651 TO SPECIFY THE POWERS AND PROCEDURES FOR THE ISSUANCE OF REVENUE BONDS," was adopted, introduced May 30, 1989. 6-0: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7820 (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-l40j141)," was adopted, thereby setting a public hearing for July 11, 1989. 6-E: GRANT OF EASEMENT/ELECTRICAL FACILITIES/SOUTHERN CALIFORNIA EDISON: Resolution No. 7821(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL FACILITIES AT GUNNELL AVIATION, 3000 31ST STREET," was adopted. 6-F: TRAFFIC SIGNALS AND VARIOUS LOCATIONS: Resolution No. 7822 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING SUPPLEMENT NO. 13 TO THE LOCAL AGENCY/STATE AGREEMENT NO. 07-5107 FOR FEDERAL-AID FUNDS FOR THE INSTALATION OF NEW TRAFFIC SIGNALS AND UPGRADING OF EXISTING SYSTEMS AT VARIOUS LOCATIONS (PHASE III)," was adopted. 6-G: PACTEL CELLULAR LEASE/CHARNOCK WATER WELL FIELS: A recommendation to authorize the City Manager to negotiate and execute Contract No. 5343 (CCS ) with PacTel Cellular for the 15 year lease of a 2 f 500 square foot section of property at the Charnock Water Well Field was approved. 6-H: JANITORIAL SERVICES/TRANSPORTATION DEPARTMENT: Bid No. 2218 was awarded to Pacific Sun Maintenance at specified unit prices to provide janitorial services for a one-year period for the Transportation Department. 6-1: ELECTRICAL SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2219 was awarded to Associated of Los Angeles, as the lowest and best bidder, at specified unit prices to furnish and deliver wire markers, nipples, nut locks/wire and miscellaneous electrical supplies for various departments. 6-J: ELECTRICAL SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2220 was awarded to Associated of Los Angeles, as the lowest and best bidder, at specified unit prices to furnish and deliver circuit breakers, ballasts, fuses and miscellaneous electrical supplies for various departments. 6-K: ELECTRICAL SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2223 was awarded to Brandon Industrial, as the lowest and best bidder, at specified unit prices to furnish and deliver bushings, caps, couplings, plugs and elbows for various departments. 2 June 13, 1989 218 6-L: PLUMBING SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2224 was awarded to Bay Area Pipe & Supply, as the lowest and best bidder, at specified unit prices to furnish and deliver galvanized nipples at specified unit prices for various departments. 6-M: LUMBER SUPPLIES/VARIOUS DEPARTMENTS: Bid No. 2230 was awarded to Southland Lumber and Supply Co., as the lowest and best bidder, at specified unit prices to furnish and deliver lumber and lumber supplies for various departments. 6-0: IN-STATE PARKING CITATION PROCESSING: A recommendation to authorize the city Manager to negotiate and execute Contract No. 5345 (CCS) with Turbo Data Systems, Inc., for the processing of in-state parking citations was approved. 6-P: SANTA MONICA COLLEGE FIREWORKS DISPLAY: to approve the Santa Monica College fireworks IIGrand Summer Nights" concert series on July and September 9, 1989 was approved. A recommendation display for their 1, 1989, July 29, END OF CONSENT CALENDAR 6-N: SANTA MONICA CHILD CARE MASTER PLAN CONTRACT: Presented was a staff recommendation to authorize the city Manager to negotiate and execute a contract with Moore, Iacofano & Goltsman to prepare the Santa Monica child care master plan. Member of the public Joy Fullmer addressed Council regarding child care. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby authorizing the City Manager to negotiate and execute Contract No. 5344 (CCS) in an amount not to exceed $60,000.00 with Moore Iacofano Gol tsman to prepare the Santa Monica Child Care Master Plan. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-A: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff report transmitting a resolution and a public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs. At 7: 47 p.m., Mayor Zane declared the public hearing opened. There being no one wishing to speak, Mayor Zane declared the public hearing closed. Councilmember Katz moved to approve the staff recommendation, thereby adopting Resolution No. 7823 (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-89-136/137)," reading by title only and waiving further reading thereof; acknowledging a letter of protest received from Mr. Kendall B. Smith and referring the protest to the City Attorney's Office: and acknowledging any protests that may be received. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: Council vote: unanimously approved 7-0 3 June 13, 1989 219 8-A: EMERGENCY ORDINANCE EXTENDING RESIDENTIAL MORATORIUM: Presented was a staff report transmitting an emergency ordinance for introduction and adoption extending moratorium on residential development in the area bounded by Ocean Avenue, 14th Street, wilshire Boulevard, and Montana Avenue. Council asked questions of staff. At 8:07 p.m., Mayor Zane declared the public hearing open. Linda Wilson, Allen Zahner, Ken Breisch, Betty Bunnell, CoCo Reynolds, Peter Berke, and Suzanne Abrescia spoke in support of adopting the ordinance extending the moratorium. Councilmember Katz moved to hear from members of the public who submitted late requests to address Council. Second by councilmember Genser. The motion was unanimously approved. Joy Fullmer, Archie Arzooyan, Carolyn Guillot, Karl Schober, Ron samson, and Saul Nehorayan spoke in opposition to the ordinance extending the moratorium. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 8:48 p.m. Discussion was held. Councilmember Abdo moved to approve the staff recommendation to introduce and adopt an Emergency Ordinance No. 1484 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE MORATORIUM ON RES IDENTIAL DEVELOPMENT IN THE AREA BOUNDED BY OCEAN AVENUE, MONTANA AVENUE, THE EAST SIDE OF 14TH STREET AND WILSHIRE BOULEVARD FOR SIX MONTHS IN ORDER TO ALLOW PREPARATION OF MODIFIED DEVELOPMENT STANDARDS FOR THE AREA AND ADOPTION OF CONTROLS ON TIMING OF CONSTRUCTION OF DEVELOPMENT PROJECTS APPROVED IN THE AREA," reading by title only and waiving further reading thereof, thereby directing staff to work with a taskforce of residents from the North of Wilshire district to develop a plan to limit construction permits and create new development and design standards for the area, to be completed by the end of the six-month period of the moratorium, and that the option of down-zoning the area remain open during the course of the study. Second by Councilmember Genser. Councilmember Genser moved to amend the motion to include in the study, an investigation of policies that might help to preserve board and care homes and convalescent homes in the area. The amendment was accepted as friendly by the maker of the motion. Councilmember Katz moved to amend the motion to include an examination of alternative construction activities to alleviate some of the adverse impacts caused by construction in the neighborhood, and that the discussions regarding the plan for future development in the neighborhood include everyone who is directly affected by any changes to the zoning. The amendment was accepted as friendly by maker of the motion. The motion was approved by the fOllowing vote: Council vote: Affirmative: Councilmembers ADdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed Councilmember Reed requested the record to reflect that her reason for voting "no" is that she does not believe that the 4 June 13, 1989 220 continuance of the moratorium effort will significantly address the problems that have been stated. At 9:20 p.m., Council recessed for a short break. At 9:40 p.m., Council reconvened with all members present. 8 - B: ORDINANCE ESTABLISHING PROGRAM lO CONDITIONS: Presented was a staff report transmitting an ordinance for introduction and first reading establishing Program 10 conditions. At 9:45 p.m., Mayor Zane declared the public hearing opened. Joy Fullmer expressed her concerns regarding Program 10. Suzanne Abrescia and Peter Berke spoke in support of the ordinance implementing Program 10. There being no one else wishing to speak, Mayor Zane declared the public hearing closed at 9: 51 p.m. Councilmember Abdo moved to approve the staff recommendation, thereby introducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PROGRAM 10 CONDITIONS, II reading by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Mayor Zane Negative: councilmembers Jennings, Katz, Reed Councilmember Reed requested that the record reflect that her reasons for voting are the same as those she expressed at the City Council of May 30, 1989. 8 -C : INTERSTATE AND INTERNATIONAL TELEPHONE COMMUNICATION TAX: Presented was a staff report transmitting an ordinance for second reading and adoption amending Santa Monica Municipal Code Section 6621 to impose a tax on interstate and international telephone communication, introduced on May 23,1989. Councilmember Genser moved to hear from members of the public requesting to speak on this item. Second by Mayor Zane. The motion was unanimously approved. Member of the public Kit Galloway spoke in opposition to the proposed ordinance. Mayor Pro Tempore Finkel moved to approve the staff recommendation and adopt ordinance No. 1485 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 6621 PERTAINING TO THE TELEPHONE USERS I TAX," reading by title only and waiving further reading thereof. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Negative: Councilmember Katz Councilmember Katz requested that the record reflect that his reason for voting IInoll is that he thinks that communication is 5 June 13, 1989 221 precious, and that it is one of the things that we can help our whole society with, and that he does not want to hurt the people who can least afford it. Mr. Katz feels that if you can get more people to use communications and stay at home that would be one of the ways to start sOlving traffic problems, and that the city should encourage as much use of communications as it can. 8-D: DEVELOPMENT AGREEMENT/SANTA MONICA COLLEGE PARKING STRUCTURES: A staff report transmitting an ordinance for introduction and first reading regarding development agreement wi th Santa Monica College for the construction of two parking structures, and certification of Final Environmental Impact Report for the project, was continued to the city Council meeting of June 20, 1989, at the request of staff. 11-A: SANITATION SERVICE FEES: A recommendation to approve the solid waste management plan and adopt a resolution revising the fees charged for general city sanitation services, sanitation bin rental and roll-out services was continued to the city council meeting of June 20, 1989, at the request of staff. 11-B: INCREASED SEWER SERVICE CHARGES/HYPERION CAPITAL IMPROVEMENT COSTS: Presented was a staff report recommending the adoption of a resolution increasing sewer service charges, and the consideration of bonding options to pay for Hyperion capital improvement costs. Council asked questions of staff. Member of the pUblic Joy Fullmer expressed her concerns regarding the increased sewer charges. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby directing staff to return to Council with bonding option recommendations within 90 daysj and adopting Resolution No. 7824(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INCREASING THE SEWER SERVICE CHARGE, U reading by title only and waiving further reading thereof. Second by Councilrnemher Katz. Councilmember Reed moved to amend the motion to include a request that staff provide Council with regular reports on the activities of the Hyperion Oversight Committee with regard to the expenditures by the City of Los Angeles at the Hyperion Treatment Plant. The amendment was accepted as friendly by the maker and second of the main motion. The motion to approve the staff recommendation and adopt the resolution was aproved by the following vote: Council vote: Unanimously approved 7-0 ll-C: MARINE PARK CHILD CARE CENTER: A staff report transmitting recommendations regarding the operation of Marine Park Child Care Center was continued to the city council meeting of June 20, 1989, at the request of staff. Il-D: AGREEMENT WITH LOS ANGELES COUNTY/LIFEGUARD SERVICES: Presented was a staff report transmitting a recommendation to authorize the City Manager to negotiate and execute an agreement with Los Angeles County for lifeguard services. Council asked 6 June 13, 1989 222 questions of staff. During discussion, Council directed the staff of Risk Management, the city Attorney's Office and the Arts Commission to review the signing on the beach and expand it, if necessary, in appropriate locations, to advise the public regarding City regulations or hazards. Mayor Pro Tempore Finkel moved to extend the meeting to 12: 00 a . m. Second by councilmember Abdo. The motion was approved, Councilmember Jennings opposed. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby authorizing the city Manager to negotiate and execute Contract No. 5346 (CCS) for lifeguard services with the County of Los Angeles for the fiscal years of 1989-90 to 1992-93. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Il-E: CLOSED SESSION: Held at the end of the meeting. l3-A: REQUEST OF STEPHAN TOMPKINS/AUDITORIUM RENTAL FEE/ALTERNATE PARADE ROUTE: Presented was the request of Stephan Tompkins to address Council regarding waiving Auditorium's rental fee for Reggae/African event and permission to alter the parade route. Mr. Tompkins requested that the consideration of his request to al ter the parade route be continued to the first council meeting in July. Council indicated to Mr. Tompkins that they would be unable to approve his request for a parade during the Labor Day weekend, and referred Mr. Tompkins request to staff. 13-B: REQUEST OF SUZANNE ABRESCIA/LATE PAYMENT OF TENANT RELOCATION ASSISTANCE: Presented was the request of Suzanne Abrescia to address Council regarding landlords late payment of tenant relocation assistance. Mayor Pro Tempore Finkel moved to direct the City Attorney's Office to re-examine the Tenant Relocation Ordinance and the manner in which the program has been implemented, in order to develop ways to tighten the ordinance so that it is complied with more rigorously. Second by Councilmember Reed. The motion was unanimously approved. 13-C: MEA PROPOSAL: The request of Paul Worthman to address Council regarding the Municipal Employees Association contract proposal was withdrawn at the request of the MEA. l4-A: CONFERENCE ON STORM DRAIN SOLUTIONS: The request of Mayor Zane to discuss City sponsorship of conference on storm drain solution was continued to the City Council meeting of June 20, 1989, at the Mayor's request. 14-B: ZERO-NET SEWAGE GROWTH; The request of Mayor Zane to discuss developing a program for zero-net sewage growth was 7 June 13, 1989 223 continued to the city council meeting of June 20, 1989, at the Mayor's request. l4-C: SB l402/AIRCRAFT MAINTENANCE OPERATIONS/LIABILITY INSURANCE: Presented was the request of Councilmember Katz to discuss opposition to Senate Bill 1402 (Campbell) which denies municipalities the right to regulate aircraft maintenance operations and set liability insurance requirements for aircraft maintenance. Councilmember Katz initiated discussion and moved to request that Council express their opposition to the proposed legislation and to instruct the City's lobbyist to actively work to defeat the measure. Second by Councilmember Reed. The motion was unanimously approved. 14-D: RELOCATION OF HOMELESS TO CITY HALL: The request of councilmember Jennings to discuss relocation of homeless to City Hall was continued to the City council meeting of June 20, 1989, at the request of Councilmember Jennings. 14-E: CALIFORNIA DESERT PROTECTION ACT: Presented was the request of Mayor Zane to discuss adoption of a resolution supporting Sll (Cranston) and HR780 (Levine), the California Desert Protection Act. Mayor Zane moved to adopt Resolution No. 7825 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF THE CALIFORNIA DESERT PROTECTION ACT AND URGING SUPPORT OF THE CALIFORNIA CONGRESSIONAL DELEGATION ," reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was unanimously approved. l4-F: COUNCIL TRAVEL FUNDS/CENTER FOR INNOVATIVE DIPLOMACY/JULY 21-22: Presented was the request of Mayor Zane for approval to use budgeted travel funds to attend July 21-22 conference sponsored by the Center for Innovative Diplomacy. Mayor Zane initiated discussion. Councilmember Reed moved to approve the use of council travel funds for the Mayor, Mayor Pro Tempore, and other Councilmembers who wish to attend. Second by Councilmember Katz. The motion was unanimously approved. l4-G: COUNCIL CHAMBERS FEE/SANTA MONICA YMCA: Presented was the request of Mayor Zane to discuss waiving the fee for the use of the Council Chambers by Santa Monica YMCA on the first Friday evening each month from October, 1989 through February, 1990. Councilmember Katz moved to approve the request to waive the Council Chambers fee. Second by Councilmernher Reed. The motion was unanimously approved. l4-H: COUNCIL CHAMBERS FEE/CLARE FOUNDATION: Presented was the request of Mayor Zane to discuss waiving the fee for the use of the council Chambers by the CLARE Foundation for two days in September. Mayor Zane moved to approve the request to waive the Council Chambers fee. Second by Councilmember Katz. The motion was unanimously approved. 8 June 13, 1989 224 14-1: COUNCIL CHAMBERS FEE/STATE LANDS COMMISSION: Presented was the request of Mayor Zane to discuss waiving retroactively fee for use of Council Chambers by State Lands Commission June 7, 1989. councilmember Jennings moved to approve the request to waive the Council Chambers fee. Second by Councilmember Katz. The motion was unanimously approved. l4-J: ST. MONICA'S PARISH OCTOBERFEST lO-K RUN: The request of Councilmember Reed to discuss appeal of the denial of st. Monica's parish to hold Octoberfest lO-K Run was continued to the City Council meeting of June 20, 1989, at the request of Councilmember Reed. Councilmember Genser moved to add the following emergency items (14-K and 14-L) to the Council agenda for consideration. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. 14-K: COUNCIL TRAVEL FUNDS/NATIONAL LEAGUE OF CITIES HOUSING CONFERENCE: Presented was the request of Mayor Zane to discuss an invitation to Participate in the National League of cities Housing Conference in Chicago on Friday, June 30, 1989, and request for Council allocation of travel funds. Mayor zane initiated discussion. Mayor Pro Tempore Finkel moved to approve the allocation of travel funds. Second by Councilmentber Katz. The motion was unanimously approved. l4-L: COUNTY PROPOSALS FOR THE BURKE HEALTH CENTER: Presented was the request of Mayor Zane to discuss County proposals to move the Department of Public Social Services General Relief Service from the Westside, and to discontinue the Out-patient Medical Clinic for the medically indigent from the Burke Health Center in Santa Monica. Mayor Zane initiated discussion and moved to communicate the the County of Los Angeles, the city Council's opposition to these proposals in their budget. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. ll-E: CLOSED SESSION: At ll:35 p.m., Council adjourned to Closed Session for the purpose of considering the fOllowing litigation: Reinharz v. City of Santa Monica, Santa Monica Superior Court Case No. WEC ll6 891. At 12: 15 a.m., Council reconvened with councilmembers Abdo, Jennings, Reed, and Mayor Zane present. Councilmember Jennings moved to approve a settlement in the amount of $40,000. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Absent: councilmembers Finkel, Genser, Katz 15. PUBLIC INPUT: There were no members of the public wishing to speak. 9 June 13, 1989 225 ADJOURNMENT: At 12:15 a.m., the Council meeting was adjourned to 6:00 p.m., Tuesday June 20, 1989. ATTEST: APPROVED: ~f~ Clarice E. Johnsen City Clerk p-, -; 7eJ ~ Dennis Zane "" Mayor 10 June 13, 1989