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M-7/7/1992 313 CIT~ OF SANTA MONICA CITY COUNCIL MINUTES I JULY' 7, 1992 An adjourned meeting of the Santa Monica City council was called to order by Mayor Genser at 7:40 P.M. on Tuesday, July 7, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen (present at 7:47 P.M.) Councilmember Antonio vazquez Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Dykhouse Councilmember Zane led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. INSPIRATION: Councilmember Zane provided a moment of inspiration I by presenting an award to the City from the American Institute of Architects and Roma Design for the urban design excellence of the 3rd Street Promenade. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Mayor Pro Tempore Abdo moved to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Holbrook, Katz, Vazquez, Zane, Mayor Genser Absent: Councilmember Olsen 6-A: MINUTES APPROVAL: The city Council minutes of June 16, 1992, were approved as amended. 6-B: WATERPROOFING ROOFS AND WALLS/SANTA MONICA AIRPORT: Contract No. 5856 (CCS) was awarded to Kitson Specialty Contracting, Inc. in the amount of $94,019 for waterproofing of roofs and walls at the Santa Monica Municipal Airport. I 6-C: REPAIR OF SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED PAVEMENT: Resolution No. 8430 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING 1 July 7, 1992 I I I 314 DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, CURBS AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREA (SR-92-183)," was adopted, thereby setting a public hearing date of August 11, 1992. 6-D: SURFACE REPAIR AND WATERPROOF/DOUGLAS PARK PONDS: Contract No. 5857(CCS) was awarded to Howard Ridley Company in the amount of $18,320 for surface repair and waterproofing of the Douglas Park Ponds. 6-E: FINAL SUBDIVISION MAP/TRACT NO. 48530/CONDOMINIUMS/822 PACIFIC STREET: Resolution No. 8431(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48530 FOR A PROJECT AT 822 PACIFIC STREET," was adopted, thereby approving a 5-unit condominium project at 822 Pacific street. Councilmember Olsen reported present at 7:47 P.M. 9-A: AMENDMENTS TO CITY CHARTER: Presented was the Charter Review Commission I s recommendations regarding amendments to the city Charter. Nancy Greenstein, representing the Charter Review Commission, presented the recommendations of the Commission regarding amendments to the city Charter. Council asked questions of Ms. Greenstein. Member of the pUblic Joy Fullmer expressed her concerns. Member of the public Paul DeSantis spoke in support of compensating Councilmembers in accordance with what would be paid for a half-time position and in opposition to the current system of at-large elections. Member of the public Richard Fajardo discussed at-large versus district elections. Commission on the status of Women Commissioner Irene Zivi spoke in support of Council salaries, in opposition to the single transfer vote (proportional) system, and in support of district elections. Commissioners to the Charter Review Commission Herman Rosenstein and Doug willis spoke in support of district elections. Member of the public Chris Reed spoke in support of strong ethics reform. Member of the public Suzanne Abrescia spoke in opposition to district elections and in support of council compensation. Councilmember Katz moved to hear late speakers. Second by Councilmember Vazquez. The motion was unanimously approved. Commissioner to the Charter Review commission Chris Harding and member of the public Jean Gordon spOke in favor of district elections. Member of the public Jean Gebman spoke in opposition to district elections. commissioner to the Charter Review commission George Hickey discussed proportional and district elections. At 10:15 P.M., Council adjourned for a short recess. reconvened at 10:37 P.M., with all members present. council Mayor Genser moved to place district elections on the ballot. The motion died for lack of a second. Mayor Pro Tempore Abdo moved to direct the City Attorney to draft a ballot measure to place recommendations 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, and 3 of the Charter Review Commission on the November ballot. Second by 2 July 7, 1992 315 councilmember Katz. Discussion was held. Mayor Genser moved to amend the motion to include only recommendations 4 through 13 as one ballot measure. The motion was accepted as friendly. The I motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Katz moved to place recommendation 2 of the Charter Review Commission on the November ballot with a compensation ceiling of $600 and direct staff to return with a projected cost of health benefits. The motion died for lack of a second. Discussion was held. Councilmember Zane moved to direct the City Attorney to draft a ballot measure to place Charter Review Commission recommendations 2 and 3 on the November ballot with a limit of three four-year terms for recommendation 3, and salary and health benefits be considered as a single compensation package for recommendation 2. Second by Councilmember Olsen. Discussion was held. Councilmember Vazquez moved a substitute motion to direct the city Attorney to draft a ballot measure to place recommendations 1 and 3 on the November ballot. Second by Mayor Genser. Discussion was held. Councilmember Zane moved to continue the meeting past 11:00 P.M. Second by Mayor Genser. The motion was approved, councilmember Katz opposed. Discussion continued. councilmember Zane withdrew his motion. councilmember Vazquez withdrew his motion. Councilmember Zane moved to direct the City Attorney to draft a ballot measure which includes term limitations of three consecutive four-year terms for councilmembers. Second by councilmember Katz with the I understanding that the measure is retroactive. The motion was unanimously approved. Councilmember Zane moved to direct the City Attorney to draft a ballot measure which includes the compensation and benefits as recommended by the Charter Review Commission, but for the moment leaving the numbers blank, and direct staff to return with a report on cost of the benefits. Second by Councilmember Katz. The motion was unanimously approved. Discussion was held. Councilmember Vazquez moved to adopt the concept of seven districts I as proposed by the CURE group, wi th the mayor selected by councilmembers. Second by Mayor Genser. Discussion was held. The motion failed by the following vote: Council vote: Affirmative: councilmembers Vazquez, Holbrook, Mayor Genser Negative: councilmembers Zane, Olsen, Katz, Abdo Councilmember Zane moved to direct staff to provide council with additional information regarding cities with hybrid districts and at-large elections. Second by Councilmember Katz. Mayor Genser moved to amend the motion to also include information about single-member districts. Second by Councilmember Vazquez. Discussion was held. The amendment was accepted as friendly for I the purposes of discussion. Discussion was held. The motion was unanimously approved. Councilmember Olsen moved to combine 3 July 7, 1992 I I I 316 Charter Review commission recommendations 2 and 3 on the ballot. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Holbrook, Abdo, Mayor Genser Negative: Councilmember Katz Councilmember Katz requested that the record reflect that he voted "no" on this motion because he prefers that the two items be separate as combining them could be self-defeating. Mayor Pro Tempore Abdo moved to amend the wording in Section 1803(m) of the city Charter to include the word "general" which would then read, "At the next general municipal election following any vacancy..." Second by Councilmember Katz. Mayor Genser moved to amend the motion to include the proposed language into items 4 through 13. The motion was accepted as friendly. The motion was unanimously approved. Mayor Pro Tempore Abdo moved that the language in the Charter be revised to be gender neutral. Second by Councilmember Vazquez. The motion was unanimously approved. Councilmember Katz moved to direct the City Attorney to prepare a "revolving door" amendment prohibiting councilmembers from employment in a top-level managerial position on entities funded fully or in part by the city for a period of one year. Second by Councilmember Holbrook. Discuss ion was held. Mayor Pro Tempore Abdo moved to amend the motion that staff return with descriptive information and options. The motion was accepted as friendly. Discussion was held. Councilmember Zane declared a possible conflict of interest and was excused from the dais. The motion was unanimously approved, Councilmember Zane absent. Councilmember Zane returned to the dais. Mayor Pro Tempore Abdo moved to direct the city Attorney to review the recommendations by the Charter Review Commission with regard to adding an Environmental Commission and the recommendation that provisions be added to the Charter requiring periodic review of the various Charter provisions and amendments as deemed necessary. Second by Councilmember Katz. The motion was unanimously approved. Mayor Pro Tempore Abdo moved to direct staff to return with information with regard to registration of lObbyists. Second by Mayor Ganser. The motion was unanimously approved. Mayor Genser moved to thank the Charter Review Commission for their hard work and compliment them on their fine report. Second by Councilmember Vazquez. The motion was unanimously approved. 9-B: WATER AND WASTE WATER FEES AND SERVICES: Presented was the staff report recommending direction to the city Attorney to prepare an amendment to the Santa Monica Municipal Code relating to water and waste water fees and services. Council asked questions of staff. Member of the public Beloved Quail expressed his concerns. Mayor Genser moved to direct the city Attorney to amend certain sections of the Santa Monica Municipal Code relating to water and wastewater service as described in the staff report with the amendment that the definition of delinquency of payment be changed from 20 days to 30 days and 4 July 7, 1992 317 that the time period begins with the postmark date not the date of receipt. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 I 9-C: CURBSIDE RECYCLING PROGRAM: Presented was the staff report regarding the collection location for the Curbside Recycling Program. Discussion was held. Member of the public Beloved Quail expressed his concerns. No action was taken. 9-D: OPPOSING ARGUMENTS/CONSTRUCTION AT 621 21ST STREET: Presented was the staff report discussing opposing arguments concerning a legal dispute which has arisen concerning the legal i ty of certain aspects of the construction of a single-family home at 621 21st street and whether or not the City is estopped to enforce provisions of the zoning Ordinance. Louis Tibbitts, owner of 615 21st street, spoke in opposition to the proposed construction. council asked questions of Mr. Tibbitts. chris Harding, speaking on behalf of John and Mary Rayis, spoke in support of the proposed construction. council asked questions of Mr. Harding and John Rayis. Action on this item was continued until after the closed session. 9-E: CLOSED SESSION: Held at end of meeting. l3-A: JOHN KILBANE/REDEVELOPMENT OF PROPERTY/1602 OCEAN AVENUE: Presented was the request of John B. Kilbane to address council I regarding potential redevelopment of property located at 1602 Ocean Avenue. council asked questions of staff. Council asked questions of Mr. Kilbane. Discussion was held. No action was taken. 14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Genser opened the floor to nominations to the various boards and commissions. Mayor Pro Tempore Abdo moved to continue the appointment of a member to the Arts Commission to the meeting of August 11, 1992. The motion was duly seconded and unanimously approved. Councilmember Katz moved to continue the appointment of a member to the Convention and visitors Bureau to the meeting of August II, 1992. Second by Mayor Pro Tempore Abdo. The motion was approved, Councilmember Olsen opposed. Councilmember Vazquez moved to continue the appointment of members to the Recreation and Parks Commission to the meeting of August 11, 1992. Second by Councilmember Katz. The motion was unanimously approved. l4-B: REMOVAL OF A PORTION OF 28TH STREET FROM CITY'S TRUCK ROUTE: Presented was Councilmember Katz's request to discuss a recommendation to direct the City Attorney to amend the Municipal Code to remove 28th street from pico Boulevard to Ocean Park Boulevard from the city's truck route. Councilmember Katz moved to refer this item to staff for a prompt recommendation. Second I by Mayor Genser. Discussion was held. The motion was unanimously approved. 5 July 7, 1992 I I I 318 15: PUBLIC INPUT: Member of the public Beloved Quail expressed his concerns. Member of the public Ronald May discussed the Santa Monica Police Department. Member of the public Art Casillas discussed gang and drug problems in the Pico Neighborhood. 9-E: CLOSED SESSION: At 1:15 A.M., Council adjourned to Closed Session for the purpose of considering the case of John and Mary Rayis v. City of Santa Monica, threatened litigation regarding property located at 621 21st Street. At 1:58 A.M., Council reconvened with all members present. Counci1member Katz moved to permit John and Mary Rayis to continue with construction of a single family home on the basis that the city was equitably estopped to enforce the Municipal Code. Second by counci1member Vazquez. The motion was approved by the following vote: Council vote: Affirmative: Counci1members Abdo, Holbrook, Katz, Vazquez, Zane Negative: Counci1member Olsen, Mayor Genser ADJOURNMENT: At 2:00 A.M., the meeting was adjourned. ATTEST: ~~/ AfJ~ Clarice E. DYkhOU~ City Clerk APPROVED: ~r Mayor 6 July 7, 1992