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M-6/12/1990 143 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 12, 1990 A regular meeting of the Santa Monica city council was called to order by Mayor Zane at 7:42 P.M., on Tuesday, June 12, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo councilmember Ken Genser Councilmemher Herbert Katz councilmember Christine E. Reed Absent: Councilmember William H. Jennings Also Present: city Manager John Jalili City Attorney Robert M. Myers city Clerk Clarice E. Johnsen CLOSED SESSION: Not held. Councilmember Katz led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. INSPIRATION: For a moment of inspiration, Mayor Zane shared a story about his nephew reciting the Pledge of Allegiance. 5-A: RENT CONTROL REFORMS: Presented was Mayor Zane's request to discuss Rent Control reforms. Mayor Zane ini tiated discussion. Mayor Zane moved to hear from representatives of the Rent Control Board for ten minutes and three minutes each for members of the pUblic wishing to address this item. Second by Councilmember Genser. The motion was unanimously approved. Rent Control Board Member Jay Johnson and General Counsel Anthony Trendacosta, spoke in support of the Charter Amendment and outlined the Board's position on amendments to the Rent control Program. Council asked questions of the representatives of the Rent Control Board. Member of the public Michelle Brooks stated her support for full vacancy decontrol for mobile home parks. Members of the public John Jurenka and Ed Simonian spoke in opposition to the proposed Charter Amendment and in support of vacancy decontrol/recontrol. Member of the public Dorothy Parsons spoke of the need for periodic rent increases due to rising costs. Member of the public Chris Harding voiced his support for the creation of a task force or working group for the development of a Charter Amendment. Member of the public Betty Bunnell spoke in opposition to a 7.5% rent increase. Councilmember Katz moved to hear from late speakers. Second by Councilmemher Reed. The motion was approved. Member of the public Joy Fullmer expressed her concerns. Member of the public 1 June 12, 1990 144 Tom Nitti spoke in opposition to Mayor Zane's proposal. Discussion was held. Mayor Zane moved to direct the city Attorney to draft a Charter Amendment provision to the Rent Control Law based on the Mayor's proposals, and responding to recommendations made in consultation with Rent Control Board staff. Second by Counci1member Genser. Discussion was held. Councilmember Katz moved a substitute motion to direct the City Attorney to review this ordinance as it is proposed~ direct the city Manager to appoint a task force in a timely manner, to consider all aspects of amending the Rent control Law, including vacancy decontrol, and to return to Council in adequate time for the inclusion of a Charter Amendment on the November 1990 Ballot. Second by Councilmember Reed. Discussion was held. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmembers Katz, Reed Negative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: Councilmember Jennings The main motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Abstain: Councilmerobers Katz, Reed Absent: Councilmember Jennings Discussion was held. Mayor Pro Tem Finkel moved to instruct the city Manager to appoint a task force to deliberate issues raised by Council's direction to the City Attorney regarding recommendations for inclusion in a Charter Amendment, and to return to council by July 24, 1990. Councilmember Genser moved to table this motion until after a 15 minute break. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. At 9: 30 P.M., council adjourned for a short recess. P.M., council reconvened with all members present. At 9: 47 Mayor Pro Tem Finkel restated his motion. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zan8 Absent: Councilmember Jennings 5-B: TORCA: Presented was the request of Mayor Zane to discuss a possible Charter amendment to prohibit non-TORCA condominium 2 June 12, 1990 145 conversions. Mayor Zane moved to direct the city Attorney to draft a Charter Amendment incorporating the current condominium conversion law into the Charter of the city. Second by Councilmember Genser. Discussion was held. The motion was unanimously approved, councilmember Jennings absent. 5-C: PROHIBITION OF DEMOLITION OF MULTI-FAMILY HOUSING: Mayor Zane withdrew his request to discuss a Charter amendment to prohibit demolition of mUlti-family housing without a building permit for a replacement unit. 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. Councilmemher Reed moved to approve the Consent Calendar with the exception of Items 6-B, 6-D, 6-N, 6-0, 6-P, and 6-U reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: councilmember Jennings 6-A: MINUTES APPROVAL: The minutes of the City Council meetings of May 15, and May 22, 1990, were approved as presented. 6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 803l(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-90-l62), I' was adopted thereby setting a public hearing for July 24, 1990, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. 6-E: FINAL SUBDIVISION MAP/CONDOMINIUM PROJECT/2541 6TH STREET: Resolution No. 8033 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 19277," was adopted thereby approving Tentative Parcel Map No. 19277 for a 4-unit condominium project at 2541 6th Street. 6-F: FINAL SUBDIVISION MAP/TPC PROJECT/1437 BERKELEY STREET: Resolution No. 8034 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVI S ION MAP FOR TRACT NO. 46214 ," was adopted thereby approving the Final Map for a 6-unit Tenant participating Conversion TPC-058 at 1437 Berkeley Street. 6-G: FINAL SUBDIVISION MAP/TPC PROJECT/1418 STANFORD STREET: Resolution No. 8035 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 46998," was adopted thereby 3 June 12, 1990 146 approving the Final Map for Tenant Participating conversion TPC-073 at 1418 Stanford street. 6-H: FINAL SUBDIVISION MAP/CONDOMINIUM PROJECT/1457 CENTINELA AVENUE: Resolution No. S036(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47277," was adopted thereby approving Tract Map No. 47277 for a 7-unit condominium project at 1457 centinela Avenue. 6-1: FINAL SUBDIVISION MAP/TPC PROJECT/1715 CALIFORNIA AVENUE: Resolution No. 8037(CCS) entitled: t1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47899, 'I was adopted, thereby approving a Final Subdivision Map for Tract No. 47899 for a 6-unit tenant-participating conversion project at 1715 California Avenue. 6-J: FINAL SUBDIVISION MAP/CONDOMINIUM PROJECT/1422 19TH STREET: Resolution No. 8038(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48462," was adopted, thereby approving a Final Subdivision Map for Tract No. 48462 for a 5-unit condominium project at 1422 19th Street. 6-K: FINAL SUBDIVISION MAP/CONDOMINIUM PROJECT/2811-2813 ARIZONA AVENUE: Resolution No. 8039(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49045, U was adopted, thereby approving a Final Subdivision Map for Tract No. 49045 for a 5-unit condominium project at 2811-2813 Arizona Avenue. 6-L: PUBLIC WORKS MUTUAL AID AGREEMENT: Resolution No. 8040 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE APPROVAL OF THE PUBLIC WORKS MUTUAL AID AGREEMENT WITH THE COUNTIES OF LOS ANGELES AND ORANGE AND OTHER CITIES AND COUNTIES AS THEY MAY BECOME SIGNATORY TO THE PUBLIC WORKS MUTUAL AID AGREEMENT, " was adopted, thereby authorizing the City Manager to execute Contract No. 5524(CCS), the Public Works Mutual Aid Agreement for public works assistance in the event of a catastrophic disaster. 6-M: 1989-90 WATER MAIN REPLACEMENT PROJECT: Council approved Contract No. 5522(CCS) with Radich Construction in the amount of $800,787 for the 1989-90 Water Main Replacement Project. 6 -Q : MAINTENANCE OF HEATING 1 VENTILATING AND AIR CONDITIONING SYSTEMS: council awarded Bid No. 2276 to Avalon Pacific, Inc., to provide monthly maintenance of heating, ventilating and air conditioning systems at specified unit prices for the Transportation Department. 6-R: STATEMENT OF OFFICIAL ACTION/DENIAL OF APPEAL OF DR 8S-005, CUP 88-019, VARIANCE 88-012, AND RPP 89-009: Council approved the Certification of statement of Official Action to deny an appeal and uphold Planning Commission denial of DR 88-005, CUP 4 June 12, 1990 147 88-019, Variance 88-012, and RPP 89-009, for development of a three-story, mixed commercial office building located on the northwest corner of Pico Boulevard and Ocean Avenue. 6-S: STATEMENT OF OFFICIAL ACTION/DENIAL OF APPEAL OF CONDITIONAL USE PERMIT 90-020: Council approved the Certification of Statement of Official Action to deny an appeal and uphold Planning Commission approval of CUP 90-020 to permit an on-sale general (Type 47) alcohol use in connection with an approved 3l8-seat restaurant located on the Santa Monica Pier. 6-T: STATEMENT OF OFFICIAL ACTION/DENIAL OF APPEAL OF DR 89-004, CUP 89-019, PSP 89-017, AND EIR 916: Council approved the certification of Statement of Official Action to deny an appeal and uphold Planning Commission approval of DR 89-004, CUP 89-019, PSP 89-017, and EIR 916 for development of a three-story, mixed commercial building on the north side of Wilshire Boulevard between Twenty-Second street and Twenty-Third street. 6-V: SANTA MONICA COLLEGE FIREWORKS DISPLAY: Council approved a fireworks display for the Santa Monica College I s Grand Summer Nights Concerts on July 1, July 15, and August 11, 1990. END OF CONSENT CALENDAR 6-B: OZONE-DEPLETING COMPOUNDS: Presented was an ordinance for adoption and second reading regulating the manufacture, distribution, sale, and recycling of products which use ozone-depleting compounds. Mayor Pro Tempore Finkel moved to adopt Ordinance No. 1530 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 6 TO ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REGULATE THE MANUFACTURE, DISTRIBUTION, SALE, AND RECYCLING OF PRODUCTS WHICH USE OZONE-DEPLETING COMPOUNDS," 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, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 6-0: HANDICAPPED PARKING ZONES: Presented was a staff report transmitting a resolution to establish parking zones for the physically handicapped adjacent to 1518 15th Street, and Temple Beth Sholom located at 1827 California Avenue. Member of the public Joy Fullmer expressed her concerns. Councilmember Reed moved to adopt Resolution No. 8032(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO l518 15TH STREET AND 1827 CALIFORNIA AVENUE, reading by title only and waiving further reading thereof. Second by Councilmemher Genser. The motion was approved by the following vote: council vote: Affirmative: Councilmemhers Abdo, Finkel, Genser Katz, Reed, Mayor Zane 5 June 12, 1990 148 Absent: councilmember Jennings 6-N: AUDIO SYSTEM/COUNCIL CHAMBERS: Presented was a staff report requesting that Council award a contract for furnishing and installing a new sound (audio) system consisting of microphones, speakers and controls in the Council Chambers. Council asked questions of staff. Councilmember Reed moved to approve Contract No. 5523(CCS) with Hannon Engineering, Inc., in the amount of $24,420 for furnishing and installing a new sound (audio) system in the Council Chambers. Second by Councilmember Katz. Councilmember Reed moved to amend the motion to ensure that staff protect Council's options regarding the type of microphones installed (booms or lapel). The motion was approved by the fOllowing vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Cauncilmember Jennings 6-0: CIVIC AUDITORIUM/PLUMBING REPLACEMENT/SMOKE DETECTIONI SPRINKLER SYSTEM: A recommendation to award a contract for plumbing system replacement and installation of a smoke detection and fire sprinkler system in the civic Auditorium was withdrawn at the request of staff. 6-P: BUS CLEANING SERVICE: Presented was a staff report transmitting a recommendation to award a bid to provide bus cleaning services for the Transporation Department. Council asked questions of staff. Councilmember Genser moved to award Bid No. 2275 to Sardo Bus and Coach Upholstery to provide bus cleaning service at specified unit prices for the Transportation Department. 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 6-U: ADOPTION OF FINDINGS/CONDOMINIUM PROJECT/1253 11TH STREET: A recommendation to adopt findings for the denial of cup 89-046, TTM 48039, to permit the construction of a 5-unit condominium at 1253 l1th Street was continued to June 26, 1990. 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. At 10:21 P.M., Mayor Zane declared the public hearing opened. There being no one wishing to address Council, Mayor Zane closed the public hearing at 10:22 P.M. Cauncilmember Katz moved to adopt Resolution No. 8041 (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-90-161), n reading by title only and waiving further 6 June 12, 1990 149 reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmemher Jennings ll-A: CLOSED SESSION: Not held. l2-A: CUP 90-005 AND TENTATIVE TRACT MAP 49015/CONDOMINIUM PROJECT/1405 OCEAN PARK BOULEVARD: An appeal of the Planning commission approval of CUP 90-005 and Tentative Tract Map 49015 to allow a five-unit condominium at 1405 Ocean Park Boulevard was continued to the meeting of July 24, 1990. 12-B: DR PERMIT 90-001, CUP 89-097, AND TTM 48784/CONDOMINIUM PROJECT/1114-1128 PRINCETON STREET: Presented was an appeal of the Planning commission approval of DR Permit 90-001, CUP 89-097, and TTM 48784 for an 18-unit condominium development at 1114-1128 Princeton Street. Applicant/Appellant: Shulman Family Trust. Chris Harding spoke on behalf of Applicant/Appellant in support of the appeal. Councilmember Ganser moved to deny the appeal and uphold the decision of the Planning commission. Second by Mayor Pro Tem Finkel. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Negative: Councilmembers Katz, Reed Absent: Councilmember Jennings Councilmember Katz requested that the record reflect that he voted "noll on this item as he feels that it is not right to vote for a program that is not in effect, such as Program 10. 13-A: FRIEDRICH WEINSTOCK: Presented was the request of Friedrich Weinstock to address Council regarding damage to wood fence at 1837 17th Street. Council asked questions of Mr. Weinstock and staff. Mayor Zane moved to refer the complaint th the Planning staff and City Attorney. Second by Councilmember Katz. The motion was unanimously approved, Councilmember Jennings absent. 14-A: ENCOURAGEMENT OF OPEN SPACE: The request of Councilmember Jennings to discuss encouraging open space by allowing taller, less dense development was continued to the meeting of June 26, 1990. l4-B: AMPLIFIED SOUND ON PIER: Presented was the request of councilmember Reed to discuss amplified sound on the Pier. Councilmember Reed moved to communicate with pier Restoration Corporation and pier Management to take remedial measures with tenants and future amplified sound events to be held on the Pier. John Gilchrist of the pier Restoration Corporation addressed 7 June 12, 1990 150 Council. Discussion was held. Councilmember Reed re-stated her motion. Second by Councilmember Katz. Discussion continued. The motion was unanimously approved, Councilmember Jennings absent. l4-C: SUPPORT OF THE NATIONAL ENDOWMENT FOR THE ARTS: Presented was the request of Mayor Zane to direct the city Attorney to prepare a resolution in support of The National Endowment for The Arts. Mayor Zane moved to direct the City Attorney to prepare a resolution in support of the NEA to be forwarded to Congressman Mel Levine, Senators Alan Cranston and Pete Wilson, and President Bush. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved, Councilmember Jennings absent. l4-D: CITIZENS UNITED TO REFORM ELECTIONS (CURE): Presented was the request of Councilmember Genser to discuss the Citizens United to Reform Elections (CURE) initiative for the November ballot regarding amending the City Charter to elect City Councilmembers for each of seven districts instead of citywide voting, setting the boundaries of each Council district, limiting the terms of Councilmembers to no more than two consecutive terms, and providing for a primary election. Discussion was held. Councilmember Genser moved to hear from members of the pUblic for two minutes each. Second by Mayor Zane. The motion was approved, Councilmembers Katz and Reed opposed, councilmember Jennings absent. Mayor Zane moved to extend the meeting to 11:15 P.M. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. Members of the public Paul Desantis, Tony Vazquez, Dan Marquez, and Rita Morales spoke in support of the CURE initiative. Discussion was held. Councilmember Genser moved to direct city Attorney to review the CURE initiative, make any technical verbiage changes, prepare the necessary documents to place the amendment on the November ballot, and set a PUblic Hearing for July 24, 1990, with a carry-over meeting on July 31, 1990. Councilmember Katz moved to extend the meeting to 11:30 P.M. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. Discussion was held. Councilmember Genser re-stated his motion. Councilmember Abdo moved a substitute motion to hold a Public Hearing but not direct the City Attorney to perform any review of the initiative. Second by Councilmember Katz. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmembers Abdo, Katz, Reed Negative: Councilmembers Finkel, Genser, Mayor Zane Absent: councilmember Jennings The main motion failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor Zane Negative: Councilmembers Abdo, Katz, Reed 8 June 12, 1990 lSI Absent: councilmember Jennings Mayor Zane moved to hold a Public Hearing on the amendments on July 24, 1990, and instruct the City Attorney to prepare any report. Second by Councilmember Abdo. The motion was approved, Councilmember Reed opposed, Councilmember Jennings absent. Councilmember Genser moved to extend the meeting to 12: 00 A. M. Second by Mayor Pro Tem Finkel. The motion was approved, Councilmembers Reed and Katz opposed, Councilmember Jennings absent. councilmember Katz left the meeting at 11:45 P.M. 15. PUBLIC INPUT: Member of the public Joy Fullmer addressed council. Member of the public John Jurenka addressed Council regarding General Clean-up Month. Member of the public Alex Man addressed Council regarding the ficus trees on wilshire Boulevard. ADJOURNMENT: At ll:55 P.M., the meeting was adjourned in memory of Reverend Norman Gardels. ATTEST: APPROVED: /~~ Clarice E. city Clerk f)~ ? }- Dennis Zane Mayor a - 9 June 12, 1990