Loading...
M-7/28/1987 (2) 6 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 28, 1987 A special meeting of the Santa Monica City council was called to order by Mayor Conn at 6:15 p.m., on Tuesday, July 28, 1987, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz (entered at 6:35 p.m.) Councilmember David B. Finkel Councilmember William H. Jennings (entered at 7:20 p.m.) Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: city Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt 58-I: THIRD STREET MALL DESIGN: Presented was a study session and recommendation to approve the conceptual design plan for the Third street Mall and Downtown Assessment District Improvement Project. A presentation was made by the ROMA Design Group. Discussion was held. Councilmember Zane moved to approve the staff recommendation, thereby approving the Third Street Mall Conceptual Design Plan and directing staff to transmit any comments to the Steering committee and consultant Team for consideration in the preparation of the final Mall Design Plan. Second by Mayor Pro Tempore H. Katz. Councilmember Finkel moved an amendment to the main motion that the center portion of the design concept (the driving area) not be set up by any specific mechanism, such as a curb divider, but rather staff be instructed to come back with a recommendation as to what the best way to have the trilogy division of the width of the mall be, with a view towards decisions being made at a later date as to how best to have that width division. During discussion, it was determined that the amendment is implicit in the main motion, and Councilmember Finkel withdrew his motion. Councilmember Zane moved an amendment to the main motion to ask the consultants and steering Committee to include in the design a location for a child play area that might be adaptable for child care, places for elderly people to congregate in specialized areas for games, etc., and to include opportunities for artist-developed elements in the major zones: the Plaza, the Gateway, and the Garden Plaza. The motion failed for lack of second. Discussion was held. The main motion was approved by a voice vote of 6 to 1, Councilmember Finkel opposed. 1 July 28, 1987 I I ..., Councilmember Finkel requested that the record reflect his no vote is because he is very worried about the decision that is being made to open the middle section of the Mall for vehicular travel. ADJOURNMENT: At 7:55 p.m., the special meeting was adjourned. REGULAR CITY COUNCIL MEETING: The regular meeting of the City Council was called to order by Mayor Conn at 8:20 p.m. Councilmember Reed led the assemblage in the pledge of allegiance to the United states of America Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb Katz Councilmember David B. Finkel Councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting city Clerk Donna R. Betancourt CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING: A special joint meeting of the city council and Parking Authority was called to order by Chairperson Conn at 8:25 p.m. Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herb Katz Authority Member David B. Finkel Authority Member William H. Jennings Authority Member Alan S. Katz Authority Member Christine E. Reed Authority Member Dennis Zane Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt CC/PA-1: ACCESSIBILITY MODIFICATIONS: Presented was a recommendation to award a contract to Kevin Kraus in the amount of $69,680 to construct accessibility modifications at Douglas Park, Memorial Park, and Parking Structures One through Six, and a request for Parking Authority Appropriation Authority. Councilmember Finkel moved to approve the staff recommendation. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 2 July 28, 1987 B Authority Member A. Katz moved to approve recommendation. Second by Member Finkel. The approved by the following vote: Authority vote: unanimously approved 7-0 Therefore, Contract No. 4997(CCS) in the total amount of $69,680 .. was awarded to Kevin Kraus to construct accessibility modifications at Douglas Park, Memorial Park, and parking structures One through Six; the City Engineer was authorized to issue any necessary change orders to complete additional worki and appropriation authority at Account No. 77-770-610-000-921 was increased by $18,954. the staff motion was ADJOURNMENT: adjourned. At 8: 32 p. m., the Parking Authority meeting was REGULAR CITY COUNCIL MEETING RECONVENED 5-A: DEVELOPMENT REVIEW/730 ARIZONA: Presented was an appeal of Planning commission approval of Development Review 358 for a four-story, mixed-use building with retail/commercial space and residential units at 730 Arizona Avenue, continued from July 21, 1987 (Applicant: Vito Cettai Appellant: Karen Blanchard). Discussion was held. Diane Abbitt, representing the Appellant, spoke in support of the appeal. vito Cetta, the Applicant, spoke in support of the project. Member of the public, Joy Fullmer, expressed concern regarding alley traffic. Discussion was held. Mayor Pro Tempore H. Katz moved to remand the project back to the Planning Commission for consistency with the residential neighborhood, to keep residential portions in the plan, a restudy regarding going over the basic recommended FAR, and study ingress and egress. Second by Councilmember A. Katz. Councilmember Zane moved a substitute motion to approve the staff recommendation, thereby denying the appeal and approving Development Review 358 and a Negative Declaration for EIA 834 with the findings and conditions contained in the May 4, 1987 Planning Commission Statement of Official Action. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, Reed, Zane, Mayor Conn Negative: councilmembers Finkel, A. Katz, H. Katz 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are approved in one motion unless removed from the calendar for discussion. Councilmember Reed moved to approve the Consent Calendar with the exception of Items 6-C, 6-E, and 6-1, reading ordinances and resolutions by titles only and waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: 3 July 28, 1987 I 3 Council vote: Affirmative: Councilmembers Finkel, Jennings, H. Katz, Reed, Zane, Mayor Conn Absent: Councilmember A. Katz 6-B: SALARY CLASSIFICATION/DIRECTOR OF CULTURAL & RECREATIONAL SERVICES: Resolution No. 7474 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE CLASSIFICATION OF DIRECTOR OF CULTURAL AND RECREATIONAL SERVICES" was adopted, thereby establishing the salary rate for the new classification, and approving the new classification of Director of Cultural and Recreational Services, the revised classification specifications for Librarian III, Parking Meter Collector, Police Cadet, and Senior Parking Checker. 6-D: ADJUSTMENT/VARIANCE/USE PERMIT PROCEDURE: Ordinance No. 1413 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE COMPREHENSIVE LAND USE ORDINANCE BY ADDING SECTION 9147 TO THE SANTA MONICA MUNICIPAL CODE TO PERMIT THE CONCURRENT PROCESSING OF ADJUSTMENTS, VARIANCES, OR USE PERMITS FILED IN CONJUNCTION WITH PROJECTS REQUIRING PLANNING COMMISSION APPROVAL" was adopted, having been introduced July 14, 1987. 6-F: HANDICAP RAMP CONSTRUCTION: Contract No. 4998 (CCS) was awarded to Damon Construction Co., in the amount of $37,420 to construct handicapped ramps at various locations, and the City Engineer was authorized to issue any neccesary change orders to complete additional work. 6-G: WASTEWATER FACILITIES REPLACEMENT: Contract No. 4999(CCS) was awarded to Grbavac and prkacin in the amount of $579,350 for Wastewater Facilities replacement of sewer mains in: 16th Court from Georgina Avenue to Montana Place North, Montana Place North from 4th Street to 7th street and 15th court to 16th Court, Georgina Place North from Lincoln Boulevard to 11th street, Broadway from 23rd Street ot 25th Court, Autoway from Appian Way to Ocean Avenue; and replacement of storm drain dry well in Ocean Park Place South at 25th Street; and the City Engineer was authorized to issue any change orders necessary to complete additional work as required in an amount not to exceed the funds available. 6-H: ROOF REPAIR: Contract No. 5000(CCS) in the amount of $65,200 was awarded to Rey-Crest Roofing & waterproofing Company for repair and replacement of roofs at Marine Park and the Traffic Operations Maintenance Shop at the city Yards; the City Engineer was authorized to issue any necessary change orders to complete additional work; Hared Construction Co. was relieved of its bid for repairing and replacing roofs at Marine Park, portions of the City Hall roof, and the Traffic Operations Maintenance Shop at the city Yards because of an error in its bid preparation; and the necessary account adj ustments were authorized. 4 July 28, 1987 10 END OF CONSENT CALENDAR 6-C: WOODLAWN CEMETERY PRICES: Presented was a staff report recommending adoption of a resolution establishing prices for services and property at Woodlawn Cemetery and Mausoleum. Discussion was held. Councilmember Reed moved to approve the staff recommendation, thereby adopting Resolution No. 7475 (CCS) I~ entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NO. 6636(CCS) AND ADOPTING THE PRICE AND FEE SCHEDULE FOR PROPERTY AND SERVICE COLD AT WOODLAWN CEMETERY AND MAUSOLEUM,tI reading by title only and waiving further reading thereof, with direction to staff to investigate the possibility of changing the hour at which staff overtime begins (currently at 3: 00 p.m.) Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-E: WEED ABATEMENT ROLL: Presented was a staff report recommending confirmation of the cost of the abatement work and the Assessment Roll pertaining to the 1987 Weed Abatement Program. Member of the public, Archie Arzooyan, expressed concern regarding the use of vacant lots as disposal sites. councilmember Finkel moved to approve the staff recommendation, thereby confirming the 1987 Weed Abatement Assessment Roll. Second by Councilmember Reed. The motion was unanimously approved. 6-I: PARKING METER PURCHASE: Presented was a staff report recommending award of a bid to furnish and deliver parking meters. Councilmember Finkel withdrew from participation in the discussion and vote due to a conflict of interest. Councilmember Zane moved to approve the staff recommendation, thereby awarding Bid. No. 2126 in the total amount of $323,122.92 to Duncan Industries to furnish and deliver parking meters for the Traffic Engineering Division. Second by Councilmember A. Katz. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmember Reed Abstain: Councilmember Finkel 8-A: CULTURAL AND RECREATION SERVICES DEPARTMENT: Presented was a staff report transmitting an ordinance for introduction and first reading adding Municipal Code Sections 2230 and 2231, creating the Cultural and Recreation Services Department. The public hearing was declared opened. There being no one wishing to be heard, the public hearing was declared closed. Councilmember Zane moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE 5 July 28, 1987 11 CITY OF SANTA MONICA ADDING SECTIONS 2230 AND 2231 TO THE SANTA MONICA MUNICIPAL CODE CREATING A CULTURAL AND RECREATION SERVICES DEPARTMENT, II reading by title only and waiving further reading thereof. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-B: PARKING METER ZONES F AND G: Presented was a staff report transmitting an ordinance for adoption and second reading amending Municipal Code section 3393F and adding Municipal Code Section 3393G relating to parking meter Zones F and G, introduced July 14, 1987. Councilmember Finkel withdrew from the discussion and vote due to a conflict of interest. Discussion was held. Councilmember Zane moved to adopt Ordinance No. 1414(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3393F OF AND ADDING SECTION 3393G TO THE SANTA MONICA MUNICIPAL CODE RELATING TO PARKING METER ZONES F AND G," reading by title only and waiving further reading thereof, thereby providing for 25 cents per hour parking meters in the Downtown parking structures. Second by Councilmember Jennings. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmember Reed Abstain: Councilmember Finkel Councilmember Reed requested that the record reflect that her no vote is because she does not approve of parking meters in the parking structures. At 9:45 p.m., Council took a 15 minute recess. 8-C: OCEAN PARK DOWNZONING: Presented was a staff report transmitting an ordinance for introduction and first reading limiting development in the Ocean Park area pending planning studies. Discussion was held. The following members of the public spoke in support of the proposed ordinance: Johanne Todd, Mallory Pearce, Geraldine Moyle, Tony Haig, Laurel Roennau, Julie Lopez Dad, Sara Faulds, Henry Curtis, Leslie Lambert, and Ralph Mechur. Wayne Hall, Archie Arzooyan, Karl Rydgren, Joy Fullmer, Lewis Flinkman, Laurie Heyman, Tom Raichel, Dan Ragan, and Bruce Dickinson spoke in opposition to the downzoning concept. Mehrdad Farivar, Penny Perlman, and Judy Abdo spoke in support of the Planning Commission I s recommendations of July 27, 1987; Paul Bezaire requested a personal exemption from the ordinance. Councilmember Reed moved to hear from those submitting late requests to speak. The motion was duly seconded and unanimously approved. Forrest Chadwick, G. Mermon, and Kevin Hearst spoke in opposition to downzoning; Eric Parlee spoke in support of the 6 July 28, 1987 12 Planning Commission recommendation; and Neal Richman spoke on behalf of Community Corporation. During the public hearing, Councilmember A. Katz moved to extend the meeting beyond 11:00 p.m. Second by Councilmember Reed. The motion was unanimously approved. Discuss ion was held. Mayor Pro Tempore H. Item 12-A before continuing with this item. seconded and unanimously approved. Ka tz moved to hear The motion was duly (Continuation of this item appears following Item 13-C.) II-A: CLOSED SESSION: Held later in the evening. 12-A: DEVELOPMENT REVIEW/2207 LINCOLN: Presented was an appeal of the Planning commission denial of Development Review 376 for a 264 square foot addition to Taco Bell Restaurant at 2207 Lincoln Boulevard (Applicant/Appellant: Taco Bell Corporation). Upon staff recommendation and concurrence by Mr. Rocky Johnson, the Taco Bell representative, Councilmember A. Katz moved to remand the matter back to the Planning Commission due to significant changes in the design of the project. Second by Councilmember Finkel. The motion was unanimously approved. Councilmember Reed moved to hear the "13" items before returning to Item a-c. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 13-A: PROPERTY CONFISCATION: Presented was the request of Diana Feinstein to address Council regarding confiscation of real and personal property. Ms. Feinstein spoke regarding lack of police assistance when personal items were removed from her home and requested that Council take action on the matter. There was no motion to take action with this item. l3-B: POLICE ACTION: Presented was the request of Nellie Malicki to address Council regarding police action. Ms. Malicki was not present to speak, therefore the request was received and filed. l3-C: USE OF SERGEANT AT ARMS AT PUBLIC MEETINGS: Presented was the request of John Jurenka to address Council regarding police used as sergeant at arms at public meetings. John Jurenka expressed concern regarding the hiring of off-duty police officers as "body guards" at Rent Control Board and city Council meetings. 8-C: OCEAN PARK DOWNZONING (continuation): Discussion was held. Mayor Pro Tempore H. Katz moved to direct the City Attorney to draft an ordinance based on the Planning commission recommendation dated July 27, 1987. Second by Councilmember Reed. Discussion was held. Councilmember Finkel moved an amendment to the main motion that when the proposed ordinance is 7 July 28, 1987 I I l3 brought back, the ordinance currently before Council also be presented, so that both ordinances are before Council for simultaneous consideration. The amendment was accepted as friendly by the maker and second of the main motion and incorporated into the main motion. Discussion was held. Councilmember Zane moved to amend the main motion to reflect, in the interim ordinance, that current R2 zones be treated under the standards of the R20QO ordinance, as initially presented. Second by Councilmember Finkel. During discussion, Mayor Conn clarified the amendment to be the Planning commission's recommendation that R3 and R4 be treated as R2, but the R2 areas of Ocean Park would be considered under the more stringent R2 000. Councilmember Jennings moved an amendment that, rather than sUbstituting the R2000 for the R2 in Councilmember Zane1s amendment, changing it to be a directive to the City Attorney to bring back three versions of the ordinance. With the concurrence of Councilmember Zane, the amendment was accepted as friendly by the maker and second of the original motion and included in the main motion. Discussion was held. Councilmember A. Katz moved a substitute motion to adopt the interim ordinance as written with the following changes: The references to R2000 be changed to R2 and the exemption of vacant lots be dropped. Second by Councilmember Reed. During discussion, councilmember Reed clarified that the substitute motion leaves intact all the language in the original proposed ordinance having to do with the provision of low- and moderate-income housing. Councilmember Finkel moved an amendment to the substitute motion the concept that if any development is 100 percent low- to moderate-income housing, the current zoning law will apply and the interim ordinance will not apply to that particular project. Second by Councilmember Jennings. Upon clarification by the City Attorney that such a project could be built if the Planning commission made findings that the project was not inconsistent with the objectives of the ordinance; the maker and second of the amendment withdrew the amendment. The substitute motion failed by the following vote: council vote: Affirmative: Councilmembers A. Katz, Reed Negative: Councilmembers Finkel, Jennings, H. Katz, Zane, Mayor Conn Councilmember Jennings moved an amendment to the main motion to add to Section 2 (a) (7) of the proposed ordinance that if a project has a completed application as of July 28, 1987, any application for a downsized project on the same site, or part of the same site, will be deemed complete as of July 28, 1987. Second by Councilmember A. Katz. Discussion was held. The amendment was accepted as friendly by the maker and second of the main motion and incorporated into the main motion. Councilmember Jennings moved an amendment to the main motion that if a project's application is complete as of July 28, 1987, except as to a Rent Control Board removal permit or if a complete 8 July 28, 1987 14 application for a Rent Control Board removal permit was filed wi th the Board prior to July 28, 1987, the proj ect would be deemed to have a completed application for the purposes of this ordinance. During discussion, Councilmember Jennings revised the motion that if the application to the Rent Control Board for a removal permit was complete according to whatever their process is, and if the Rent Control Board gives them the removal permit I and they then file an application with the city for the development, that application, irrespective of when it was filed, would be deemed as though it were complete on July 28, 1987. The motion failed for lack of a second. Councilmember A. Katz moved an amendment to the main motion that in the proposal he made before, the references to 2,000 square feet be changed to 1,500 square feet in the original interim ordinance and be brought back for a first reading. The amendment was accepted by the maker and second of the main motion and incorporated into the main motion. The main motion, as amended, was unanimously approved. Mayor Conn clarified that this will all be back before council on August 11th, at which time a public hearing will be held. Mayor Pro Tempore H. Katz left the Chambers at 12:45 a.m. 14-A: BOTTLE BILL FOR WINE/DISTILLED SPIRIT COOLERS: Presented was the request of Councilmembers A. Katz and Reed to discuss a local bottle bill for wine coolers and distilled spirit coolers. councilmember Reed opened discussion and moved to direct staff to prepare an ordinance to adopt locally which would include a bottle recycling bill for wine coolers and distilled spirit coolers in bottles and that such ordinance have a January 1989 implementation date. Second by Councilmember A. Katz. Discussion was held. The motion was unanimously approved. 14-B: CONSTRUCTION OF TALL GARAGES: Presented was the request of Councilmember Reed to discuss consideration of an emergency ordinance to prevent construction of 30-foot tall "garages" in the single family zone. Councilmember Reed opened discussion and moved to direct staff to include in the RI Standards ordinance zoning standards for ancillary buildings. Second by Councilmember A. Katz. The motion was unanimously approved. 14-C: ARCHITECTURAL REVIEW BOARD: Presented was the matter of acceptance of the resignation of Ralph Mechur from Architectural Review Board and authorization to City Clerk to publish or post notice of vacancy. Councilmember A. Katz moved to accept the resignation with regret, noting that Mr. Mechur's resignation is due to his recent appointment to the Planning Commission, and to authorize the city Clerk to publish the notice of vacancy. The motion was duly seconded and unanimously approved. 9 July 28, 1987 I 15 14-0: USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Conn to discuss waiving the fee for use of the Council Chambers on September 24 and 25, 1987, by the California Energy Commission. Councilmember Reed moved to waive the fee. Second by Councilmember Zane. The motion was unanimously approved. 14-E: CENTER FOR INNOVATIVE DIPLOMACY: Presented was the request of Councilmember Finkel to discuss possible affiliation with the Center for Innovative Diplomacy, Local Elected Officials Project. During discussion it was determined that Santa Monica is already a member city. councilmember Finkel moved that the Council reaffirm the intent to be a member of the body. Second by Councilmember Zane. The motion was unanimously approved. 15: PUBLIC INPUT - Curt Ullman spoke regarding Police guards at Rent control Board meetings. II-A: 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 12 : 55 a . m., Council adj ourned to Closed Session to consider the following cases: Firemens Fund Ins. v. City of Santa Monica, Santa Monica Claim No. MBL 86-11-101; Winters v. City of Santa Monica, Santa Monica Claim No. ASM 87-1; Carl Lambert v. city of Santa Monica, at al., Santa Monica Superior Court Case No. WEC 116125. At 1:35 a.m., Council returned with five members present, Mayor Pro Tempore H. Katz and Councilmember Zane absent. Councilmember Reed moved to approve the case of Firemens Fund Insurance, Winters. Second by Councilmember approved by the following vote: settlements of $2,932.48 in and $3,144.29 in the case of A. Katz. The motion was Council vote: Affirmative: Councilmembers Finkel, Jennings A. Katz, Reed, Mayor Conn Absent: Councilmembers H. Katz, Zane ADJOURNMENT: At 1:37 a.m., the of Marj orie Vawter Pollock, a families of Santa Monica. adjourned in memory e of the original dJ O-L~ Donna R. Betancourt Acting City Clerk IO July 28, 1987