Loading...
M-7/10/1990 168 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 10, 1990 A meeting of the Santa Monica city Council was called to order by Mayor Zane at 7:36 P.M., on Tuesday, July 10, 1990, in the council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser (arrived at 7:44 P.M.) Councilmember 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. Mayor Pro Tempore Finkel led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. INSPIRATION: Councilmember Reed provided a moment of inspiration by announcing that the Metropolitan Water District will be posting billboards promoting water conservation. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all i terns 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 of Items 6-G, 6-1, 6-J, and 6-L, 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, Finkel, Katz, Reed, Mayor Zane Absent: Councilmembers Genser, Jennings 6-A: MINUTES APPROVAL: The minutes of the City council meeting of June 12, 1990, were approved as presented. 6-B: BUSINESS LICENSE TAX: Ordinance No. 1531 (eCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 960(CCS) TO CHANGE THE ADDITIONAL BUSINESS LICENSE TAX LEVIED IN THE MONTANA AVENUE BUSINESS IMPROVEMENT DISTRICT," was adopted. 1 July 10, 1990 169 6-C: HANDICAPPED PARKING ZONES: Resolution No. 8053(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PHYSICALLY HANDICAPPED ZONE ADJACENT TO 2025 HILL STREET AND 1401 1/2 PALISADES BEACH ROAD, II was adopted. 6-D: PARCEL MAP NO. 20988/CONDOMINIUMS/753 PIER AVENUE: Resol ution No. 8054 (CCS) enti tIed: II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO. 20988,11 thereby approving a 4-unit condominium project at 753 pier Avenue, was adopted. 6-E: TRACT MAP 21937/CONDOMINIUMS/604 LINCOLN BOULEVARD: Resolution No. 8055 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21937," thereby approving a 4-unit condominium project at 604 Lincoln Boulevard, was adopted. 6-F: FACILITY IMPROVEMENTS/TRANSPORTATION DEPARTMENT: Contract No. 5543 (CCS) was awarded to Lechuga and Sons Painting in the amount of $46,999 for facility improvements at the Transportation Department Operations and Administration Building. 6-H: SOCCER FIELD LIGHTS/JOHN ADAMS MIDDLE SCHOOL: Contract No. 5545(CCS) was awarded to Electro Construction Corporation in the amount of $128,777 for installation of soccer field lights at John Adams Middle School. Roberti Z 'berg Block Grant Funds in the amount of $35,342 were accepted and appropriated. 6-K: PAINT AND PAINT SUPPLIES: Council rejected the low bid and awarded Bid No. 2298 to Dunn Edwards corporation at specified unit prices for paint and paint supplies for various departments. 6-M: GENERAL MUNICIPAL ELECTION: Resolution No. 8056(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1990," was adopted. END OF CONSENT CALENDAR 6-G: TRAFFIC SIGNAL: Presented was a staff report transmitting a recommendation to award a contract to paxin Electric Inc., for the installation of a traffic signal at the intersection of Montana Avenue and 24th Street. Council asked questions of staff. Councilmember Genser arrived at 7:44 P.M. Councilmember Reed moved to award Contract No. 5544(CCS) to Pax in Electric Inc. in the amount of $34 I 900 for the installation of the traffic signal. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 2 July 10, 1990 170 6-1: CUP 89-072/1109 16TH STREET: Presented was a staff report requesting Council's certification of the statement of Official Action for an appeal of Conditional Use Permit 89-072, 1109 16th Street. Council asked questions of staff. Mayor Pro Tempore Finkel moved to certify the Statement of Official Action for the appeal of CUP 89-072, 1109 16th street. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 6-J: CUP 90-921/301 SANTA MONICA BOULEVARD: Presented was a staff report requesting Council's certification of the Statement of Official Action for an appeal of Conditional Use Permit 90-021, 301 santa Monica Boulevard. Council asked questions of staff. Mayor Pro Tempore Finkel moved to certify the statement of Official Action for the appeal of CUP 90-021, 301 Santa Monica Boulevard. Second by Councilmember Genser. The motion was approved by the fallowing vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 6-L: VOICE MESSAGING SYSTEM: Presented was a staff report transmitting a recommendation to authorize the City Manager to negotiate and execute a contract with Octel for the purchase of a voicemail system for City Hall. Member of the public JOY Fullmer expressed her concerns. Council asked questions of staff. councilmember Katz moved to approve Contract No. 5546(CCS) with Octel for the purchase of a voice messaging system (voicemail) for city offices, in the amount of $170,000. Second by councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings a-A: INCLUSIONARY HOUSING: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code Section 9422 relating to the applicability of 1990 revisions to the City's Inclusionary Housing Program. At 7:56 P.M., Mayor Zane declared the public hearing opened. Members of the public Joy Fullmer and Nathan Pratt expressed their concerns. Mayor Zane closed the public hearing at 8:04 P.M. Council asked questions of staff. Councilmember Genser moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9422 RELATING TO THE APPLICABILITY OF 1990 REVISIONS TO THE CITY'S INCLUSIONARY HOUSING PROGRAM," reading by title only and waiving further reading thereof. Second by 3 July 10, 1990 171 Councilmember Reed. vote: The motion was approved by the following Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings B-B: UTILITY USER TAX: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code sections 6621, 6622, 6623, and 6623A to increase the utility User Tax. At B:07 P.M., Mayor Zane declared the public hearing opened. Member of the public Joy Fullmer expressed her concern. Mayor Zane closed the public hearing at B: 10 P.M. Mayor Pro Tempore Finkel moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6621, 6622, 6623, AND 6623A TO INCREASE THE UTILITY USER TAX," reading by title only and waiving further reading thereof. Second by Councilmember Abdo. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Ganser, Reed, Mayor Zane Negative: Councilmember Katz Absent: Councilmember Jennings B-C: DEVELOPMENT AGREEMENT: An ordinance for intrOduction and first reading approving the Development Agreement between the Santa Monica Beach Development Limited Partnership and the City of Santa Monica was continued to the meeting of July 17, 1990. II-A: CERTIFICATION OF PETITION: Presented was a staff report transmitting the certification of the County Registrar-Recorder regarding the qualification of a petition proposing an amendment to the Charter of the City of Santa Monica permitting an increase in the maximum allowable rent, upon the voluntary vacancy of a rent controlled rental unit. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Council asked questions of staff. Councilmember Reed moved to receive the certification of Petition and direct the City Attorney to prepare the necessary resolution placing an amendment on the November Election Ballot. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings ll-B: EIR/GROUND LEASE AND CONCESSION AGREEMENT/SANTA MONICA BEACH DEVELOPMENT LIMITED/4l5 PACIFIC COAST HIGHWAY: A resolution certifying the Environmental Impact Report inCluding the adoption of a Statement of Overriding Consideration, 4 July 10, 1990 172 authorizing the city Manager to negotiate and execute a Ground Lease and concession Agreements between the Santa Monica Beach Development Limited Partnership and the City of Santa Monica and the Disposition and Development Agreement between Santa Monica Beach Development Limited Partnership and the City of Santa Monica, and approving an agreement between the City of Santa Monica and the state of California concerning state Lands was continued to the meeting of July 17, 1990. l2-A: APPEAL/CUP 90-005/CONDOMINIUMS/1405 OCEAN PARK BOULEVARD: Presented was an appeal of the Planning Commission Conditions of Approval and approval of cup 90-005 to allow a five-unit condominium at 1405 Ocean Park Boulevard. Applicant: Selivestr Savarovsky. Appellant: 2525 14th street Homeowners Association/Selivestr Savarovsky. Council asked questions of staff. At 8: 36 P.M., Mayor Zane declared the public hearing opened. Mayor Zane moved to continue this item until after Item 12-B. Second by Councilmember Katz. The motion was unanimously approved, Councilmember Jennings absent. 12-B: APPEAL/CUP 89-101/VESTING TPM PACIFIC STREET: Mayor Pro Tempore Finkel at this time, followed by Item 12-A and was approved by Council consent. 21564/CONDOMINIUMS/639 moved to hear Item 12-C then 12-B. The motion 12-C: APPEAL/CUP 90-015/RESTAURANT/1431 THIRD STREET PROMENADE: Presented was an appeal of the Planning Commission Conditions of Approval and the approval of CUP 90-015 to allow a restaurant/bar/dance hall/billiards club in an existing building at 1431 Third street Promenade. Applicant: Albert Mizrahi. Appellant: Hanna Hartnell/Albert Mizrahi. council asked questions of staff. Councilmember Genser moved to continue this item to the meeting of September 25, 1990. Second by Mayor Pro Tempore Finkel. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings At 9: 05 P. M., council adj ourned for a short recess. P.M., Council reconvened. At 9: 26 12-A: APPEAL/CUP 90-005/CONDOMINIUMS/1405 OCEAN PARK BOULEVARD (RESUMED) : Eric Meller, representing the applicant/appellant, spoke in favor of the appeal. Bruce Favish, representing 2525 14th street Homeowners Association, spoke in opposition to the project. Members of the public John Bersinger, Joe Williams, Barbara Myers, Myra Mayesh, Bea DeKoninck, Barbara Brown, Nickie Jessup, Suzanne Brewer, Brian Kristen, Leslie Darwin, Jon Udell, Marguerite Spears, Mark Rosenthal, Eric Chen, Joy Fullmer, Art Casillas, and wiley Greiner spoke in opposition to the proposed project. Member of the public Rosemary Elton spoke in support of the proposed project. Appellant Selivestr Savarovsky addressed Council in support of the proj ect. Council asked questions of 5 July 10, 1990 173 Mr. savarovsky. Eric Meller addressed Council to rebut pertinent issues. Discussion was held. Councilmember Katz moved to uphold the appeal and deny the project. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed Negative: Mayor Zane Absent: Councilmember Jennings Mayor Zane requested that the record reflect that he voted "noli on this item because, while he feels that the project is out of scale with the neighborhood, the remedy should be to remand it to the Planning Commission for resolution by reducing the project's scale. Councilmember Katz moved to extend the meeting to Second by Councilmember Reed. The motion was approved, Councilmember Jennings absent. 11:45 P.M. unanimously 12-B: APPEAL/CUP 89-101/TPM 21564/639 PACIFIC STREET: Presented was an appeal of the Planning Commission conditional approval of CUP 89-101 and vesting TPM 21564 for a three-unit condominium development at 639 Pacific street. Applicant/Appellant: Bernard Leger. Council asked questions of staff. At 11:10 P.M., Mayor Zane declared the public hearing opened. There being no one wishing to speak, the public hearing was closed. councilmember Genser moved to approve the staff recommendation to modify the Planning Commission's conditions of approval by revising Special Condition #2 of the statement of Official Action and include a clarification that the pitched roof shall be no higher than 23' at the perimeter after which it begins to slope upward. 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 l4-A: CITY COUNCIL/RENT CONTROL SPECIAL JOINT MEETING: Presented was Councilmember Reed's request to discuss the request of the Rent Control Board to schedule a joint session with the City Council to study proposed changes to the Rent Control Law. Councilmember Reed moved to SChedule the joint m.eeting of the Rent Control Board and the city council on July 19, 1990, at 7:30 P.M., in a location with adequate seating and cable accessibility. Second by Mayor Zane. The motion was unanimously approved, Councilmem.ber Jennings absent. l4-B: OPEN SPACE: The request of Councilmember Jennings to discuss encouraging open space by allowing taller, less dense development was continued to the meeting of July 24, 1990. 6 July 10, 1990 174 14-C: APPOINTMENTS TO BOARDS AND COMMISSIONS: Presented was the matter of the Annual Appointments to City Boards and commissions. Mayor Pro Tempore Finkel moved to table the annual appointments of members to various city Boards and Commissions to the meeting of July 31, 1990. The motion was duly seconded and unanimously approved, Councilmember Jennings absent. 14-0: CHARTER REVIEW COMMITTEE: Presented was Councilmember Reed's and Mayor Zane's request to discuss the appointment of a Committee to review the city Charter. Discussion was held. Councilmember Reed moved to direct the City Attorney to draft an Ordinance creating a Charter Review Committee charged with the review of the sections of the city Charter which address the method of selecting the city Attorney and City Clerk; review the sections on compensation and benefits for Councilmembers and Commissioners; review the need for Charter Boards and Commissions; review the need for a Health Officer: and to review such technical clean-ups as brought to their attention by the city Attorney: and holding in abeyance those sections that pertain to the Council and Mayor and selection of same and return with recommendations at the September 25, 1990, meeting. councilmember Genser moved to amend the motion that if the CURE (Citizens United to Reform Elections) initiative is not included on the November ballot, that this item be automatically considered by the Charter Review Committee. The amendment was accepted as friendly. Second by Councilmember Katz. Councilmember Reed moved to amend her motion to include the mechanism for appointing the committee with each Councilmember appointing two members to the cOl1U.'L\ittee and the Chair of the committee be selected by a vote of the Council. Discussion was held. The motion, as amended, was unanimously approved, Councilmember Jennings absent. 14-E: SAND AND SEA CLUB: Presented was Councilmember Katz's request to discuss the Sand and Sea Club: public access to the facility and the beach; setting the date for the public hearing on July 17, 1990; and schedUling council action for the meeting of July 31, 1990. Councilmember Katz initiated discussion and moved to set a public hearing for July 17, to schedule Council action on July 31~ 1990, regarding the termination of the lease, and the eviction of the Sand and Sea club. Second by Councilmember Reed. Councilmember Genser moved an amendment to direct staff to investigate interim uses for the site. The amendment was accepted as friendly. Councilmember Katz moved to extend the meeting to 12:00 A.M. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. Discussion was held. The above motion was unanimously approved, Councilmember Jennings absent. 14-F: PEACE AND ECOLOGY COMMISSION: Presented was Mayor Pro Tempore Finkel i s request to discuss the appointment of individuals to a Task Force to investigate and study the creation of a Peace and Ecology commission. Mayor Pro Tempore Finkel moved to schedule nominations for, and the appointment of members to the Task Force at the meeting of July 31, 1990; and to instruct the City Attorney to prepare the necessary resolution. 7 July 10, 1990 175 Second by Mayor Zane. The motion was approved, Councilmembers Katz and Reed opposed, Councilmember Jennings absent. 14-G: COUNCIL CHAMBERS FEE/FAIR POLITICAL PRACTICES COMMISSION: Presented was Mayor Zane's request to discuss waiving the fee for the use of the Council Chambers by the California Fair Political Practices Commission on September 10, 1990. Mayor Zane moved to invite the California Fair Political Practices Commission to use the Council Chambers free of charge for their upcoming FPPC Campaign Workshop scheduled for september 10, 1990. Second by Councilmember Katz. The motion was unanimously approved, Councilmember Jennings absent. CLOSED SESSION: Not held. 15. PUBLIC INPUT: There were no members of the public wishing to be heard. ADJOURNMENT: At 11:55 P.M., the meeting was adjourned in memory of Mitch Snyder, homeless advocate. ~~. Clarice E. Jo City Clerk APPROVED: 1 () ""\ ? <::}J ~ l/O-r I ~ -- Dennis Zane Mayor 8 July 10, 1990