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M-6/21/1988 (3) I 326 CITY OF SANTA MONICA CITY COUNCIL MINUTES JUNE 21., 1.988 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 6:08 p.m., on Tuesday, June 21, 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz (arrived at 6:1.5 p.m.) Councilmember David B. Finkel Councilmember William H. Jennings Councilmember Alan S. Katz (arrived at 6:15 p.m.) Councilmember Christine E. Reed Councilmember Dennis Zane (arrived at 6:15 p.m.) Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt 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 6:09 p.m., council adjourned to Closed Session. At 7:35 p.m., Council reconvened with all members present. Mayor Conn announced that there was nothing to report from the Closed Session. CITY COUNCIL, REDEVELOPMENT AGENCY, HOUSING AUTHORITY, AND PARKING AUTHORITY SPECIAL JOINT MEETING: At 7:36 p.m., Mayor Conn called to order a Special Joint Meeting of the city Council, Redevelopment Agency, Housing Authority, and Parking Authority. Roll Call of Redevelopment Agency: Present: Chairperson James P. Conn Chairperson Pro Tempore Herbert Katz Agency Member David B. Finkel Agency Member William H. Jennings Agency Member Alan S. Katz Agency Member Christine E. Reed Agency Member Dennis Zane Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Acting Agency Secretary Donna R. Betancourt Roll Call of Housing Authority: 1 June 21, 1988 327 Present: Chairperson James P. Conn Chairperson Pro Tempore Herbert 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 Roll call of Parking Authority: Present: Chairperson James P. Conn Chairperson Pro Tempore Herbert 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 Authority Clerk Donna R. Betancourt Councilmember A. Katz led the assemblage in the Pledge of Allegiance to the united states of America. 1. ADOPTION OF FY 1988-89 BUDGET: Presented was a staff report and pUblic hearing on the adoption of Fiscal Year 1.988-89 budgets by the city council, Redevelopm.ent Agency, Housing Authority, and Parking Authority. Discuss ion was held. At 7: 50 p. m. , the public hearing was declared opened. Joy Fullmer, Judy Gewertz, Florence Cardine, Rose Kaufman, Gloria Garvin, Paul Worthman, and Dan Cohen spoke regarding the proposed budgets. There being no one else wishing to speak, the public hearing was declared closed. Mayor Conn moved to approve the staff recommendation on behalf of the City Council, thereby adopting Resolution No. 7637 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING ITS BUDGET FOR THE FISCAL YEAR 1988-89"~ Resolution No. 7638 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING SALARY RATE FOR THE CLASSIFICATIONS OF HOUSING ASSISTANCE COORDINATOR AND HOUSING I SPECIALIST"; and Resolution No. 7639 (CCS) entitled: tlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CLASSIFICATION OF ADMINISTRATIVE SERVICES MANAGER - GENERAL SERVICES, II reading resolutions by title only and waiving further reading thereof. Second by councilmember Finkel. Discussion was held. Mayor Pro Tempore H. Katz moved an amendment to delete funding for the Westside Children I s Museum from the proposed budget. 2 June 21, 1988 I 328 Second by Councilmember Reed. The motion failed by the following vote: Council vote: Affirmative: Councilmembers H. Katz, Reed, Mayor Conn Negative: Councilmembers Finkel, Jennings, A. Katz, and Zane Councilmember Zane moved an amendment to include a Performance Objective for the Community and Economic Development Department to review the city I s relationship to childcare advisory groups and providers and, based upon that review, to make recommendations regarding future City activities to support and encourage the development of childcare services within the pUblic and private sectors of the community. Second by Councilmember Finkel. Discussion was held. The motion was unanimously approved. Councilmember Zane moved an amendment to include a Performance Objective for the Fire Department, working with the Personnel Department, to develop a more effective affirmative action outreach program during the course of the year and that it be returned to Council during the year for review and implementation. Second by Mayor Pro Tempore H. Katz. During discussion, the motion was modified, at the suggestion of Councilmember A. Katz, to delete the word "more." The direction was further modified to include Mayor Pro Tempore H. Katz's concern that the program be an ongoing effort, and was restated by the maker as direction to develop an effective affirmative action program to assure success both in the near-term and long term. The motion, as restated, was unanimously approved. Counci1member Finkel moved an amendment that the language of Item 6 of Performance Objective No. 5 for the Cultural and Recreation Services Department be amended to read: "Design selection process for the remainder of the ten arts components comprising NES park.1t Second by councilmember Jennings. During discussion, at the suggestion of Councilmember A. Katz, and with no objection from the second, the maker amended the motion that the objective read: "Design selection process for four additional NES projects and the continuation of NES park.1I The motion, as amended, was unanimously approved. Counci1merober Zane moved an amendment to approve the addition of $40,000 to the capital budget of the Cultural and Recreation Services Department for the development of a plan for Lincoln Park and Miles Playhouse improvements. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Zane moved an amendment to include a Performance Objective that the City will evaluate options for improving the lighting and the sound system in the Main Library auditorium. 3 June 21, 1988 329 The motion was unanimously Second by Councilmember Finkel. approved. The main motion to approve the 1.988-89 city budget, as amended, including the verbal recommendations of staff to restore $9,500 to the Cultural and Recreation Services Department budget for a driver for the Senior Nutrition Program, and the addition of $6,815 for the Virginia Avenue Park Teen Program, was approved by the following vote: council vote: Unanimously approved 7-0 Agency Member Zane moved to approve the staff recommendation, thereby adopting Resolution No. 420 (RAS) entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA APPROVING ITS BUDGET FOR THE FISCAL YEAR 1988-89," reading by title only and waiving further reading thereof. Second by Agency Member A. Katz. The motion was approved by the following vote: Agency vote: Unanimously approved 7-0 Chairperson Pro Tempore H. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 30(HAS) entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING ITS BUDGET FOR THE FISCAL YEAR 1988-89," reading by title only and waiving further reading thereof. Second by Authority Member A. Katz. The motion was approved by the following vote: Authority vote: Unanimously approved 7-0 Chairperson Pro Tempore H. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 205 (PAS) entitled: "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING ITS BUDGET FOR THE FISCAL YEAR 1988-89," reading by title only and waiving further reading thereof, and including the verbal recommendation of staff to add $450,000 for the restoration of parking spaces at the 2nd street Parking Authority Lot. Second by Authority Member Reed. The motion was approved by the following vote: Authority vote: Unanimously approved 7-0 At 9:02 p.m., the Special Joint Meeting of the City Council, Redevelopment Agency, Housing Authority, and Parking Authority was adjourned. REGULAR CITY COUNCIL MEETING The City Council meeting continued from June 14, 1988, was reconvened. 8-A: PROGRAM 10 OF THE HOUSING ELEMENT: Presented was a staff report transmitting an ordinance for introduction and first reading adding Chapter 4B to Article IX of the Municipal Code implementing Program lO of the Housing Element, continued from 4 June 21, 1.988 I I 330 June 14, 1988. Discussion was held. The pUblic hearing was declared opened. Joy Fullmer, Susan Packer Davis, Paul Rosenstein, and Leslie Lambert spoke in support of the proposed ordinance; James Baker, Archie Arzooyan, Roy Morando, Ed Simonian, Doug Ehlers, John Rodriguez, Thomas Nitti, and Sherman stacey spoke in opposition. Mayor Conn moved to continue the item and the public hearing to some date specific. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Discussion was held. councilmember A. Katz moved to extend the meeting to 12:45 a.m. Second by Councilmember Finkel. The motion was approved, Councilmember Reed opposed. Mayor Conn moved to continue Item 8-A to July 12, 1988. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Il-B: REMOVAL OF CITY TREES: Presented was a recommendation to amend Municipal Code Section 7610 regarding unauthorized removal of city trees and to implement an informational program on the importance of design efforts to incorporate City trees, continued from June 14, 1988. Discussion was held. Councilmember Finkel moved to approve the staff recommendation to amend Municipal Code Section to require that parties responsible for the unauthorized removal of City trees pay a penalty to the City of the appraised value of such trees; and direct staff to initiate an informational program to educate the development community about the importance of design efforts which incorporate city trees, and to revise the plan check sign-off procedures to insure that all relevant City departments concur with the need to remove City trees before a tree permit is issued. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 11-C: CLOSED SESSION: Not held. 12-A: EDGEMAR PROJECT/CUP 502/2435 MAIN STREET: Presented was a staff report recommending denial of an appeal of the Planning Commission's denial of Conditional Use Permit 502 to change the operating hours of the previously approved 75 seat restaurant at 2435 Main Street. Applicant: Eugene & Associates, Inc. Appellant: Counci1member David Finkel. Discussion was held. The applicant, Abby Sher, spoke as the appellant. Discussion was held. The following members of the public spoke in opposition to the proj ect: Randy Wills, Dawn Cotter, Steve Spencer, Jeff Gilbert, Janet Gilbert, Henry custis, Donald Nelson, David Hill, Elsa Petrucelli, Gary Elliot, Judy Abdo, Steve Faber, and stan Becker. Irene Eatherton, Nancy Towers, Russ Barnard, Molly Minnaker, Tom Rhoads, Sheldon Nodelman, Jackie Goldman, Rosario perry, Christy Bono, Greg Broughton, Paul Silvern, Don Darrie, Jon Gould, and Gary Neville spoke in support of the applicant. 5 June 21, 1988 33l During the public hearing, councilmember A. Katz moved to extend the meeting to 1:30 a.m. Second by Mayor Pro Tempore H. Katz. The motion was approved, Councilmember Reed opposed. Mayor Pro Tempore H. Katz moved to extend the meeting to I: 45 a.m. Second by Councilmernber Finkel. The motion was aproved, Councilmember Reed opposed. Abby Sher spoke in rebuttal. Mayor Pro Tempore H. Katz moved to approve the staff recommendation and deny the appeal and CUP 502 with the findings and conditions contained in the April 20, 1988, Planning Commission statement of Official Action. Second by Councilmember Reed. Discussion was held. Councilmeltlber Zane moved a substitute motion to continue the item until after such time that three Councilmembers can participate in some type of noise simulation so as to establish with some confidence Council's own judgment about the facts in this case. Second by Councilmember A. Katz. Discussion was held. During discussion, the motion was amended to continue the matter to July 5, 1988, before which a noise simulation will be conducted. The motion, as amended, was approved, Councilmember Reed opposed. Councilmember A. Katz moved to extend the meeting to 2:00 a.m. Second by councilmember Jennings. The motion was approved, Mayor Pro Tempore H. Katz opposed. 12-B: CONDOMINIUM/CUP 487/245 HOLLISTER AVENUE: Presented was an appeal of the Planning Commission approval of Tentative Parcel Map 1.9007 and Conditional Use Permit 487 for construction of a 4-unit condominium at 245 Hollister Avenue. Applicant: Barbara Coffman & Associates. Appellant: David L. Ganezer. Mayor Conn moved to open the public hearing and continue the item to July 12, 1988. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 13-A: DESTRUCTION OF STREET TREES: The request of James D. Williams to address Council regarding unnecessary destruction of street trees as a result of new development was withdrawn at the request of Mr. Williams. 13-B: TAX FREE CALIFORNIA BALLOT INITIATIVE: The request of Boris Isaacson to address Council regarding Tax Free California Ballot Initiative was continued to June 28, 1988, as a "5" Item. l3-D: PROPERTY SETBACKS/516 4TH STREET: The request of Christopher Harding to address Council regarding setbacks for property located at 516 4th Street was continued to June 28, 1988 as a "5" Item. 14-A: ENERGY PARTNERSHIP PROGRAM: The request of Councilmember Finkel to discuss participation in "energy partnership program" offered by California Energy Commission was continued to June 28, 1988 as a "5" Item. 14-B: EIRS/PROJECTS OVER 15,000 SQ. FT.: The request of Counci1member Jennings to discuss direction to staff regarding 6 June 21, 1988 I I 332 EIRs for projects of more than 15,000 square feet was continued to June 28, 1988, as a "5" Item. 14-C: BALLOT MEASURE/RENT-CONTROLLED DUPLEXES AND TRIPLEXES: The request of Counci1member Zane to discuss directing the City Attorney to draft a ballot measure regarding rent-controlled duplexes and triplexes was continued to June 28, 1988, as a "5" Item. 14-D: USE OF COUNCIL CHAMBERS: The request of Mayor Conn to discuss waiving the fee for use of the Council Chambers by the state Board of Equalization for hearing appeals on August 10, ll, and 12, 1988, was continued to June 28, 19BB, as a "5" Item. l4-E: PROPOSITION 73: The request of Councilmember A. Katz to discuss directing staff to prepare a report on the effects of Proposition 73 on city candidates and committees was continued to June 28, 1988, as a "5" Item. 14-F: SOUTH AFRICAN INVESTMENT IN AMERICAN COMPANIES: The request of Councilmember Reed to discuss taking a position on South African investment in American companies was continued to June 28, 1.988, as a "5" Item. 14-G: H.R. 3988/CONCRETE CANAL LINING: The request of Councilmember Reed to discuss support of H.R. 3988 regarding concrete lining of the All-American Canal and Coachella Branch Canal was withdrawn at the request of Councilmember Reed. 14-H: UCLA PUBLIC POLICY PROGRAM: The request of Councilmember Zane to discuss Council approval to attend a pUblic policy program sponsored by UCLA was withdrawn at the request of Counci1member Zane. 14-I: SAND AND SEA CLUB RENT: The request of Councilmember Jennings to discuss increasing the rent of the Sand and Sea Club to the fair market value of the project was continued to June 28, 1988, as a "5" Item. ADJOURNMENT: At 2:05 a.m., the meeting was adjourned in memory of Helen Cat1an storrs and Gerald Quattlebaum. ~. ~-~ iJd.A/U ---------. Donna R. Betancourt Acting City Clerk 7 June 21, 1988