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M-7/26/1988 I 360 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 26, 1988 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 7:41 p.m.1 on Tuesday, July 26, 1988, in the council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Councilmember David B. Finkel Councilmember William H. Jennings Councilmember Alan S. Katz (arrived at 7:46 p.m.) Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Ja1ili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt Mayor Conn led the assemblage in the Pledge of Allegiance to the united states of America. CLOSED SESSION: Not held, continued to July 27, 1988. 4-A: SCULPTURE/PALISADES PARK: Paul Leaf and Michael McCarty presented a $48,500 check from the Santa Monica Arts Foundation to the City Council for a Baile Oakes sculpture, "Gestation II," for installation in Palisades Park. Councilmember Zane moved to postpone Item 5-A until the end of the agenda. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 5-A: BOARD/COMMISSION APPOINTMENTS: (Follows Item 14-C.) 5-B: EDGEMAR PROJECT/C.U.P. 502/2435 MAIN STREET: Presented was the matter of an appeal of the Planning Commission denial of Conditional Use Permit 502 to change the operating hours of the previously approved 75 seat restaurant at 2435 Main Street, continued from June 21, 1988. Mayor Pro Tempore H. Katz moved to continue to August 9, 1988. Second by Councilmember A. Katz. The motion was unanimously approved. 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 Reed moved to approve the consent Calendar with the exception of Items 6-D and 6-E, reading resolutions and ordinances by title only 1 July 26, 1988 361 and wa~v~ng further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of July 12 and July 19, 1988, were approved as written. 6-B: ALTERNATE PARADE ROUTE: Resolution No. 7654 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON AUGUST 14, 1988, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," was adopted, thereby authorizing the International Society for Krishna consciousness (ISKCON) to conduct a parade along the beach bikepath from Bay Street to the southernmost City limits. 6-C: LIBRARY EXPANSION BOND: Resolution No. 7655(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DETERMINING THAT THE PUBLIC INTEREST DEMANDS THE ACQUISITION AND IMPROVEMENT OF REAL PROPERTY FOR THE PURPOSES OF EXPANSION AND PARKING NEEDS FOR THE SANTA MONICA PUBLIC LIBRARY," was adopted, thereby finding that it is in the public interest to place before the voters in November 1988 a General Obligation Library Bond measure to acquire and improve certain real property adjacent to the City's Main Library for future expansion and temporary use as parking; and the city Attorney was directed to prepare for City council consideration at the August 9, 1988, Council meeting an ordinance placing such a measure on the November 1988 ballot, and associated ballot materials. END OF CONSENT CALENDAR 6-D: OCEAN PARK COMMUNITY CENTER HOMELESS FACILITIES RENOVATION: Presented was a recommendation to appropriate funds for the rehabilitation of the Ocean Park Community Centerts Homeless Drop-in Center and Day Break Shelter and adjacent office space at 612 Colorado Avenue. Member of the public Veronica Pickavance expressed her concerns regarding providing facilities for the homeless. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation, thereby approving appropriation authority in the amount of $100,000 in account 01-200-262-143-506, approving the award of funds, not to exceed that amount, to the Ocean Park community Center for rehabilitation of the homeless portion of the facility, and approving appropriation authority in the amount of $200,000 in account 01-720-262-000-952. Second by Councilmember Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-E: CONVERSION OF APARTMENT TO COMMERCIAL USE/1826 14TH STREET: Presented was a recommendation to certify a Statement of Official Action for DR 407 and ZA 5l62-Y at 1826 14th Street for the conversion of an 8-unit apartment into commercial use. Member of 2 July 26, 1988 I I 362 the pu~lic Joy Fullmer spoke in opposition to the proposed convers~on. Councilmember Zane moved to approve the findings and conditions of approval for DR 407 and ZA 5162-Y set forth in the attachment to the staff report dated July 26, 1988. Second by Councilmember Finkel. The motion was unanimously approved. 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and public hearing on the assessments of costs to repair damaged sidewalks, driveways and curbs. The public hearing was declared opened. There being no one wishing to speak, the public hearing was declared closed. Councilmember Reed moved to acknowledge any protests and adopt Resolution No. 7656(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-88-115) , II reading by title only and waiving further reading thereof, thereby confirming the assessments for the repair of damaged sidewalks, driveways, and curbs on various streets within the city. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-A: COMPREHENSIVE LAND USE AND ZONING ORDINANCE: Presented was a staff report transmitting an ordinance for introduction and first reading amending the Santa Monica Municipal Code by repealing Chapter 1 of Article IX of the Municipal Code and Section 9516 of the Municipal Code and adding a new Chapter 1 to Article IX of the Municipal Code to adopt a Comprehensive Land Use and Zoning Ordinance; a resolution certifying the Final Subsequent Environmental Impact Report and Final Supplemental Environmental Impact Report on the Proposed Zoning ordinance; and an ordinance for introduction and first reading implementing the new Comprehensive Land Use and Zoning Ordinance by adopting an Interim Districting Map. Discussion was held. At 8:25 p.m., the public hearing was declared opened. Members of the public spoke regarding the following issues: Joy Fullmer, support for stiffer penal ties for code violations; Bob Jacobs, effects of the proposed ordinance on the pico Corridor; Judith A. Brunk, Jennifer Posner, Abby J. Leibman, Debra Ghaly, Mary Hammer, Susan Packer Davis, Judy Abdo, and Linda Gordon, support for child-care facilities; Jean Sedillos, opposition to second units on Rl lots; Michael Perlman, Jerry Dunlap, Carolyn Caesar, J. L. Bower, and Kelsey Liber, opposition to allowing room rentals in the R1 zone; Jean Ann Holbrook, Pat Miller, and Polly Brown, request for limitation on large child-care facilities in the Rl zone; Sally Thierston, Kenneth Henderson, Stan Hooi, and Phyllis Goff, support for creation of mobile home park zone; John Sedillos, support for air-conditioning and pool pump noise mitigation measures; Norman Peterson and Elizabeth Adler, opposition to large Child-care centers in the Rl zone; Paul Rosenstein and Penny Perlman, public lands; Kevin Kozal, zoning for automobile dealerships, and artists' studios in residential 3 July 26, 1988 363 zones; R. C. Bessire and Richard Elias, proposed trailer park rezoning; Joel Kischenstein, Daniel Gregory, and Joe stepner, proposed RVC zoning; Walt McHendry and Ed Villanueva, 'A' lots; Herman Rosenstein, commercial development on Wilshire Boulevard near Yale street; Louis Efros, proposed zoning on Broadway east of 20th Street; Naihua Duan, remodeling in the Rl zone; Ed Ramber, Opal Spooner, and Marcelia Sullivan, opposition to proposed creation of mobile home park zone; Neal Richman, parking provisions for senior housing; Femmy Delyser, support for in-home child care and room rental provisions in the Rl zone; Ken Kutcher, condominiums and conversions; Chris Harding, on behalf of the Chamber of Commerce, to request additional council consideration of ordinance; DUffy Bart and Jean Barry, curb cuts; and Russ Barnard, Main Street Plan. During the public hearing, Councilmember Finkel moved to extend the meeting to 12: 00 a.m. Second by Councilmember Reed. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved to hear from members of the public submitting late requests to speak. Second by Councilmember A. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved to extend the meeting to 12:45 a.m. Second by Councilmember Finkel. The motion was unanimously approved. Donna Alvarez spoke in opposition to large day care centers and room rentals in the Rl zone; Joe Palazzolo, encouraged Council to follow guidelines set forth in Chamber of Commerce memorandum dated July 21, 1988, paying particular attention to the technical corrections and deadlines for City action; Clare Bronowski, surface parking lots; Sherman stacey, 'A' lots for automobile dealerships; Karl Schober, opposition to downzoning; Arthur Eskelio, Rl zoning; Pamela summers, Pat FitCh, Diki Brinson, Mildred Garbinsky, and Riba Smelcer, requesting that the Civic Center trailer park be included in the proposed mobile home park zone; and Charles Brackmeier, requesting that architectural and design firms be allowed as permitted uses in the M zone. There being no one else wishing to speak, the public hearing was closed. Mayor Conn moved to continue the item to July 27, 1988, at 6:30 p.m. Second by Councilmember Finkel. The motion was unanimously approved. 8-B: WASTEWATER EMERGENCY ORDINANCE: Presented was a staff report transmitting an emergency ordinance for introduction and adoption adding Chapter 2B to Article VII of the Santa Monica Municipal Code restricting the amount of waste water permitted to be discharged into the Santa Monica sewage system and declaring the presence of an emergency. Councilmember Finkel moved to approve the staff recommendation, thereby adopting Ordinance No. 1451(CCS) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2B TO ARTICLE VII OF THE SANTA 4 July 26, 1988 I I 364 MONICA MUNICIPAL CODE RESTRICTING THE AMOUNT OF WASTEWATER PERMITTED TO BE DISCHARGED INTO THE SANTA MONICA SEWER SYSTEM AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Council vote: Unanimously approved 7-0 13-A: HUMANE DIVISION PERSONNEL: Presented was the request of Arthur Herring to address Council regarding actions taken by the Humane Division personnel. councilmember Finkel moved to continue the matter to the August 9, 1988, meeting, as requested by Mr. Herring. Second by Councilmember Reed. The motion was unanimously approved. ll-A: CLOSED SESSION: Held later in the meeting. 14-A: COMMISSION ON OLDER AMERICANS: Presented was the matter of the appointment of a member to the Commission on Older Americans. Mayor Conn declared nominations opened. Councilmember Finkel nominated Langdon de M. Bower. Councilmember A. Katz moved to appoint Ms. Bower by acclamation. Second by councilmember Reed. The motion was unanimously approved. Therefore, Langdon de M. Bower was appointed to the Commission on Older Americans to fill an unexpired term ending June 30, 1989. 14-B: PROPOSITION 65/CLEAN WATER ACT OF 1986: Presented was the request of Councilmember Zane to discuss city activity in the enforcement of Proposition 65 (Clean Water Act 1986) . Councilmember Zane opened discussion and moved to direct the city Manager I s office and the City Attorney I s office to indicate to Council what current efforts are being made in the enforcement of the provisions of Proposition 65, and what additional measures that staff thinks would be appropriate, and to return to Council wi th recommendations at a Council meeting in the near future. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. l4-C: USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Conn to discuss waiving the fee for use of the Council Chambers by the State Lands Commission on August 19, 1988. Mayor Conn moved to waive the fee for the use of the council Chambers by the state Lands commission. Second by Mayor Pro Tempore H. Katz. The motion was unanimOUSly approved. 5-A: BOARD/COMMISSION APPOINTMENTS: Presented was the matter of appointments of members to various City Boards and Commissions, continued from June 28, 1988. Mayor Conn declared nominations opened for a Architectural Review Board for a four-year term. Tempore H. Katz moved to appoint Terry Graboski by Second by Councilmember Reed. The motion was seat on the Mayor Pro acclamation. unanimously 5 July 26, 1988 365 approved. Therefore, Terry Graboski was appointed to the Architectural Review Board for a term expiring June 30, 1992. Mayor Conn declared nominations opened for a seat on the Arts Commission to fill an unexpired term. Councilmember Jennings nominated Peter Norton. Councilmember A. Katz moved to appoint Peter Norton by acclamation. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Therefore, Peter Norton was appointed to the Arts Commission to fill an unexpired term ending June 30, 1991. Mayor Conn declared nominations opened for a seat on the Arts Commission for a four-year term. councilmember Jennings nominated Elaine Hoffman. Mayor Pro Tempore H. Katz moved to appoint Elaine Hoffman by acclamation. Second by Councilmember A. Katz. The motion was unanimously approved. Therefore, Elaine Hoffman was reappointed to the Arts Commission for a term expiring June 30, 1992. Mayor Conn declared nominations opened for a second seat on the Arts Commission for a four-year term. Councilmember Jennings moved to appoint Paul Leaf by acclamation. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Therefore, Paul Leaf was reappointed to the Arts Commission for a term expiring June 30, 1992. Mayor Conn declared nominations opened for a third seat on the Arts Commission for a four-year term. Mayor Pro Tempore H. Katz nominated Lindsay Shields. Councilmember Jennings nominated Jennifer Diener. Hearing no other nominations, Mayor Conn declared nominations closed. The vote on the nominations was as follows: Lindsay Shields Councilmembers A. Katz, H. Katz, Reed, Mayor Conn Jennifer Diener: Councilmembers Finkel, Jennings, Zane Therefore, Lindsay Shields was reappointed to the Arts commission for a term expiring June 30, 1992. Mayor Conn declared nominations opened for a seat on the Convention and Visitors Bureau for a three-year term. Mayor Conn nominated Lloyd Kirsch. Mayor Pro Tempore H. Katz moved to appoint Lloyd Kirsch by acclamation. Second by Mayor Conn. The motion was unanimously approved. Therefore, Lloyd Kirsch was appointed to the Convention and Visitors Bureau for a term expiring June 30, 1991~ Mayor Conn declared nominations opened for a seat on the Recreation and Parks commission for a four-year term. Mayor Pro Tempore H. Katz nominated Clyde Smith. Councilmember Reed nominated Rosemarie Menchaca. Because the City Charter mandates the male/female ratio of this Commission, and the composition of 6 July 26, 1988 I 366 the sitting members is such that this appointment must be of a female, Mayor Pro Tempore H. Katz withdrew his nomination. Councilmember Finkel moved to appoint Rosemarie Menchaca by acclamation. The motion was duly seconded and unanimously approved. Therefore, Rosemarie Menchaca was appointed to the Recreation and Parks Commission for a term expiring June 30, 1992. Mayor Conn declared nominations opened for a seat on the Social Services commission for a four-year term. Mayor Pro Tempore H. Katz nominated Ann Garland. councilmember Zane nominated Ruth Robinson-Deen. Hearing no other nominations, Mayor Conn declared nominations closed. The vote on the nominations was as follows: Ann Garland: councilmembers Jennings, H. Katz Ruth Robinson Deen: Councilmembers Finkel, A. Katz, Reed, Zane, Mayor Conn Therefore, Ruth Robinson-Dean was appointed to the Social Services commission for a term expiring June 30, 1992. 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: 47 a.m., Council adjourned to Closed Session to consider the following case: Shell oil Company v. City of Santa Monica, United States District Court Case No. CV 82-2362-RJK (Gx). At 12:52 a.m., Council reconvened. Mayor Conn announced that no action was taken in Closed Session. ADJOURNMENT: At 12:53 a.m., the meeting was adjourned p.m., July 27, 1988, for the purpose of holding a Closed and consideration of Item 8-A. ~ APP 01 11111/ a~~ ~. Conn Mayor to 6 : 3 0 Session Donna R. Betancourt Acting City Clerk ------- ; i i "'- 7 July 26, 1988