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M-10/25/1988 27 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 25, 19B8 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 7:42 p.m., on Tuesday, October 25, 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herb 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 Jalili City Attorney Robert Myers City Clerk Clarice E. Johnsen CLOSED SESSION: Held later in the evening (see Item 11-0). Mayor Conn led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: COMMENDATION/L.A. COUNTY COMMUNITY DEVELOPMENT COMMISSION: Mayor Conn presented a commendation to Don Smith and Carol Hutchinson of the Los Angeles County Community Development Commission for their administration of the Santa Monica Section 8 Housing Assistance Payments Program during the past 12 years. 5-A/5-B: OCCIDENTAL OIL DRILLING PROJECT/OIL PIPELINE: Presented was the request of Ken Genser to address Council regarding Occidental oil Company drilling project in Pacific Palisades, continued from October 11, 1988. Councilmember Zane moved to consider Items 5-A and 5-B as one agenda item. Second by Councilmember Finkel. The motion was unanimously approved. Mr. Genser expressed his concerns regarding the potential contamination of the City'S drinking water due to the placement of a hydrocarbon pipeline in the area of San Vicente Boulevard. Councilmember Zane moved to direct the City Attorney to draft the necessary ordinances prohibiting the development any new oil pipelines in Santa Monica. Second by Councilmember Finkel. Discussion was held. 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-C and 6-J, reading resolutions and ordinances by title only and 1 October 25r 1988 28 waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The city Council minutes of October II, October 12, and October 14, 1988, were approved as written. 6-B: CONSTRUCTION HOURS: Ordinance No. 1458(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4313 AND 4314 TO FURTHER LIMIT THE HOURS ALLOWED FOR CONSTRUCTION, MAINTENANCE, OR REPAIR OF BUILDINGS IN THE CITY OF SANTA MONICA" was adopted. 6-0: FINAL MAP 18879/CONDOMINIUM/1314 CALIFORNIA AVENUE: Resolution No. 7708 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 18879" was adopted, thereby approving Final Parcel Map 18879 for 3-unit condominium at 1314 California Avenue. 6-E: FINAL MAP 45793/CONDOMINIUM/1332-38 STANFORD STREET: Resolution No. 7709 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 45793" was adopted, thereby approving Final Tract Map 45793 for 12-unit condominium at 1332-38 Stanford Street. 6-F: PIER RECONSTRUCTION: Resolution No. 7712(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE RECONSTRUCTION OF THE WEST END OF THE MUNICIPAL PIER AND THE UPGRADING OF UTILITIES ON THE EXISTING PIER ON THE OPEN MARKET" was adopted, thereby rejecting all bids for the reconstruction of the west end of the Municipal Pier and the upgrading of utilities: waiving competitive bidding of the reconstruction of the west end of the Municipal pier and the upgrading of utilities; authorizing the city Manager to negotiate and execute a contract for the reconstruction of the west end of the Municipal pier and the upgrading of utilities with interested qualified firms in the open market; authorizing the city Engineer to issue any necessary change orders to complete additional work in accordance with the Administrative Instruction on Change Orders; authorize the city Manager to amend Contract No. 4907(CCS) with Concept Marine Associates to provide construction management services for an amount not to exceed $200,000; and authorize the city Manager to negotiate and execute Contract No. 5221 (CCS) with McClelland Engineers, Inc. to provide geotechnical services for an amount not to exceed $40,000. 6-G: LOS ANGELES CONSERVATION CORPS: A recommendation to award a grant in the amount of $25,100 to Los Angeles Conservation corps for debris removal, tree trimming, weed abatement, and 2 October 25, 1988 29 other related work along the palisades Park Bluff was approved, thereby awarding a grant in the amount of $25,100 to the Los Angeles Conservation Corps. 6-H: STATEMENTS OF OFFICIAL ACTION/CONDOMINIUM DEVELOPMENT/OSCAR KATZ TRUST: A recommendation to certify statements of Official Action for the Appeal of CUP 473, TTM 45454; CUP 474, TTM 45455; CUP 475, TTM 45456; CUP 476, TTM 45457; CUP 478, TPM 18719; to allow the construction of 79 residential condominium units at 2115, 2722, 2913, 3000 and 3019 Third street, Oscar Katz Trust was approved, thereby certifying the Statements of Official Action and the findings and conditions for approval contained therein. 6-I: DESIGNATED TRUCK ROUTE: A recommendation to amend Ordinance 709 authorizing the Parking and Traffic Engineer to implement changes to the City's designated truck route was approved, thereby directing the city Attorney to draft an ordinance authorizing the Parking and Traffic Engineer to implement changes to the City's designated truck routes by amending or modifying existing Ordinance 709. 6-K: CITY CLERK SALARY AND BENEFITS: Resolution Number 7710 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING SALARY AND BENEFITS FOR THE POSITION OF CITY CLERK" was adopted. 6-L: PALISADES PARK MASTER PLAN: A recommendation to authorize the City Manager to negotiate and execute a contract with EDAW for preparation of the Palisades Park Master Plan, and a request for the appropriation of an additional $76,000 for expanded scope of services was approved, thereby authorizing the City Manager to negotiate and execute Contract No. 5222(CCS) with EDAW Inc. to prepare a Master Plan for Palisades Park, and appropriate funds in the amount of $76,000 from General Fund reserves to Capital Improvement Account No. 01-740-511-000-926. END OF CONSENT CALENDAR 6-C: APPROVED FINANCIAL INSTUTIONS FOR CITY INVESTMENTS: Presented was a resolution for adoption authorizing the investment of one or more deposit accounts with certain banks, savings and loan associations, and broker/dealers, and also authorizing the the purchase of marketable investment securities through Japanese banks. Member of the public Joy Fullmer expressed her concerns regarding the staff recommendation. Discussion was held. Councilmember Finkel moved to approve the staff recommendation. Second by Mayor Pro Tempore H. Katz. Councilmember Reed moved to amend the staff recommendation by deleting recommendation 1 from the staff report with regard to the addition of 11 Japanese banks to the City'S authorized financial institutions list, thereby adopting Resolution No. 7707 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ESTABLISHMENT, USE AND 3 October 25, 1988 30 INVESTMENT OF ONE OR MORE DEPOSIT ACCOUNTS WITH CERTAIN BANKS, SAVINGS AND LOAN ASSOCIATIONS AND BROKER/DEALERS, II reading by title only and waiving further reading thereof. The motion was accepted as friendly by the maker and second of the main motion. The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Conn moved to direct staff to prepare an informational report to Council on the issues of Japanese banks, South Africa, "red-lining", and other criteria for the City'S banking policies. Second by Councilmember Reed. The motion was unanimously approved. 6-J: CLOVERFIELD AND OLYMPIC BOULEVARDS WIDENING: presented was a recommendation to proceed with initial studies required for the widening of Cloverfield Boulevard between the Santa Monica Freeway and Olympic Boulevard and to authorize City Manager to negotiate necessary contracts for survey, appraisal, environmental and design services. Discussion was held. Member of the public Joy Fullmer expressed her concerns regarding the staff recommendation. Member of the public Paul Rosenstein spoke in support of the staff recommendation, and spoke in support of diverting commercial traffic from residential streets. Councilmernber Finkel moved to approve the staff recommendation as amended by staff in the supplemental information distributed to council at the meeting; thereby directing staff to proceed with initial studies required to determine the financial feasibility of widening Cloverfie1d Boulevard between the Santa Monica Freeway and Olympic Boulevard to provide an additional lane of traffic in each direction; authorizing the City Manager to negotiate and execute any contracts necessary to initiate studies of the proposed traffic improvements; and appropriate $200,000 from the traffic mitigation fees paid by the Water Gardens project to Capital Improvements Project account 01-770-416-000-956 to fund survey, appraisal and environmental design contracts. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: councilmembers Finkel, A. Katz, H. Katz, Zane, Mayor Conn Negative: counci1members Jennings, Reed Councilmember Jennings requested the record to reflect that he feels the city has far too much of its surface area devoted to streets already, and he doesn't approve of widening the streets. He feels that what the Council has to do to deal with traffic in the City is to come up with much more effective traffic management programs. 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a public hearing on assessments of costs to repair damaged sidewalks, 4 October 25, 1988 31 driveways and curbs (SR-88-119). The public hearing was declared opened at 8: 30 p. m. There being no one wishing to speak, the public hearing was declared closed. Mayor Pro Tempore H. Katz moved to approve the staff recommendation and adopt Resolution No. 7711(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-88-119)," reading by title only and waiving further reading thereof. Second by Councilmember Finkel. The motion was approved by the following vote: council vote: Unanimously approved 7-0 a-A: AMENDMENT TO DEVELOPMENT AGREEMENT/COLORADO PLACE PHASE III: Presented was a staff report transmitting an ordinance for introduction and first reading approving Amendment No. 1 to Development Agreement for Colorado Place, Phase III, located at 2000 - 2200 Colorado Avenue. Discussion was held. Mayor Pro Tempore H. Katz moved to approve the staff recommendation and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA AND SOPAC PROPERTIES, INC., II reading by title only and waiving further reading thereof. Second by councilmember Reed. The motion was approved by the following vote: Council vote: unanimously approved 7-0 8-B: SMOKING IN RESTAURANTS: Presented was an ordinance for adoption and second reading amending Chapter 9A of Article IV of the Municipal Code to regulate smoking in restaurants, introduced October 11, 1988. Councilmember Reed moved to hear from members of the public wishing to speak for three minutes each. Second by Councilmember A. Katz. The motion was unanimously approved. Anna Jane stone, patricia Hoffman, Ed McCarroll, Walt Bilofsky, Dr. Richard Gray, Dr. Harvey Frey, Polly Benson Brown, Jon Sedillos, Dr. william McCarthy, Lauren Linder, and Mary Sandberg spoke in support of the proposed ordinance. Rudy Cole expressed concerns regarding the proposed ordinance and spoke in favor of an ordinance that would establish a 50% level for non-smoking seats in restaurants. Jay Fiondella spoke in support of an exclusion for restaurants of 50 seats or less. Councilmember Finkel moved to approve the staff recommendation and adopt Ordinance No. 1459(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 9A OF ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE TO REGULATE SMOKING IN RESTAURANTS," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. Discussion was held. Mayor Pro Tempore H. Katz moved to direct the city Attorney to return the ordinance to council with amended language that is more flexible regarding the signage requirements in the ordinance. Discussion was held. During discussion, Mayor 5 october 25, 1988 32 Pro Tempore H. Katz withdrew his motion. The motion to adopt the ordinance was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane Negative: Councilmember Reed, Mayor Conn Councilmember Reed requested the record reflect that her reason for voting no is due to the lack of an exemption for small restaurants with limited space. Councilmember A. Katz moved to direct staff to communicate with Los Angeles and other surrounding communities and inform them of Council's action and encourage them to follow suit. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved to direct the City Attorney to return to Council with language to remedy inconsistencies in the signage requirements. Second by Councilmember Finkel. The motion was unanimously approved. At 9:40 p.m., council recessed. Council reconvened at 9:55 p.m., with all members present. 10-A: PROPOSITION 84/CALIFORNIA HOUSING AND HOMELESS BOND ACT OF 1988: Presented was a recommendation of the Housing Commission to support Proposition 84, the California Housing and Homeless Bond Act of 1988. Discussion was held. Councilmember Zane moved to hear from members of the pUblic for two minutes each. Second by Councilmember Finkel. The motion was approved, Mayor Conn and Councilmember Reed opposed. Members of the public Joy Fullmer and Joyce Parker spoke in support of the staff recommendation. Councilmember Zane moved to approve the staff recolDlnendation, thereby declaring Council's formal support of this measure. Second by Councilmember Finkel. The motion was unanimously approved. II-A: HOUSING TRUST FUND/IN-LIEU FEES: Presented was a recommendation to establish a Citywide Housing Trust Fund, and direct staff to prepare Program Guidelines and appropriate housing in-lieu fees. Discussion was held. Members of the public Joy Fullmer, Maria Leon, Paul Desantis, David Shniad, Irene Zivi, and Suzanne Mitchell spoke in support of the staff recommendation. During discussion, staff revised their recommendation to restrict participation in the Citywide Housing Trust Fund Program to Non-profit organizations only. Councilmember Zane moved to adopt the staff recommendation as amended by staff. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Abstain: Councilmember Reed 6 October 25, 1988 33 Councilmember Zane moved to direct staff to explore the possibility of creating a separate fund with similar guidelines, available to the for-profit sector that would apply to the downtown area. Second by Councilmember Finkel. The motion was unanimously approved. Il-B: SALE OF SURPLUS PROPERTY/OCEAN PARK BOULEVARD: Presented was a recommendation to authorize the sale of surplus parcels on Ocean Park Boulevard and convert other surplus parcels on Ocean Park Boulevard to landscaped parkways. Discussion was held. Members of the public Veena Sedana, Roy Evaristo, Jeff DeCoste, Michael Hill, and Judy Abdo spoke in support of the staff recommendation. George Merman spoke in support of selling lot 3 (as designated in the staff report date October 25, 1988) adjacent to his property. Joy Fullmer spoke in opposition to the staff recomm.endation. During discussion, Mayor Pro Tempore H. Katz moved to extend the meeting to 11:45 p.m. Second by Councilmember Finkel. The motion was unanimously approved. Councilmember Zane moved to approve the staff recommendation amended to reflect that only the lot designated No. 3 in the staff report, is to be made available for sale: that lots 4 and 5 be included in the landscape planning; and that the rare tree in lot 5 be saved, subject to notification of area residents. Second by Councilmember Finkel. During discussion, Councilmember Finkel moved to amend the motion to include further inquiry into the possibility of other uses, besides landscaping, for lots 4 and 5. The amendment was accepted as friendly by the maker of the main motion. Councilmember Zane moved amend the motion to include an appropriation of $26,000.00 from the Gas Tax Fund for additional landscaping. The motion was accepted as friendly by the second of the main motion. The motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmember Finkel, A. Katz, H. Katz, Reed, Zane, Mayor Conn Negative: Councilmember Jennings ll-C: 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 11:28 p.m., Council adjourned to Closed Session to consider the case of Clark v. City, Los Angeles Superior Court Case No. C 697 414. At 11:45 council reconvened with all members present. Mayor Conn stated that there was no action to report from the Closed Session. Councilmember A. Katz moved to extend the meeting to 1:00 a.m. Second by councilmember Zane. The motion was approved, Councilmembers Jennings and Reed opposed. I3-A: SETBACK AT 2141 23RD STREET: Presented was the request of Mark Fuote to address Council regarding setback at 2141 23rd street. Mr. Fuote spoke on behalf of Norbert Ewers, the owner of 7 October 25, 1988 34 the property at 2141 23rd street, to request that the owner be allowed to maintain his existing 15 foot setback when he remodels the existing house with a second story addition. Discussion was held. Councilmember Zane moved to direct staff to examine the possibility of a revision to either the adjustment or variance procedure, or whatever procedure they think is appropriate for providing the flexibility to deal with unusual cases, such as this, in the clean-up ordinance when it comes before Council. Second by Councilmember A. Katz. During discussion, the motion was amended to include direction to staff to attempt to adequately define "unusual" as it relates to granting variances, and that the Planning Commission be involved in the development of any procedures for granting variances. The motion, as amended, was approved, Councilmember Reed opposed. 13-B: PARKING STRUCTURE/LOT 9: Presented was the request of Susan E. Lieberman to address Council regarding the proposed parking structure on Lot 9. Ms. Lieberman spoke in opposition to the planned parking structure, and proposed an alternative method of striping parking lot 9 in order to obtain an increase in the number of parking spaces. Discussion was held. 13-C: MAIN STREET PARKING STRUCTURE: Presented was the request of Richard Orton to address Council regarding proposed Main street parking structure. Mr. Orton spoke in opposition to the planned parking structure, and proposed alternative workshops to explore remedies to the parking problem in the Main street area. Mayor Pro Tempore H. Katz moved direct staff to hold at least one or two workshops to explore alternatives to the parking structure, and to schedule the workshops to insure that both merchants and residents can easily attend. Second by Councilmember A. Katz. Discussion was held. The motion was unanimously approved. 13-D: DEVELOPMENT IN THE CITY: Presented was the request of Jack Baptista to address Council regarding development in city. Mr. Baptista expressed his concerns regarding the level of development in the city, particularly in the Mid-City Neighborhood. Discussion was held. 13-E: DEED RESTRICTIONS FOR APARTMENT BUILDINGS: The request of Philip R. Peters III to address Council regarding Obtaining acceptance of deed restrictions for apartment buildings to be constructed on 25th and 26th Streets north of Wilshire Boulevard was withdrawn at the request of Mr. Peters. 13-F: TREATMENT OF WOMEN IN SANTA MONICA JAIL: Presented was the request of Jacqueline S. Clark to address Council regarding the treatment of women prisoners in the City jail. Ms. Clark requested that council enact legislation to provide for the following: l)That the City Jail have video cameras installed in order to monitor the activities of jailers and prisoners on a 24-hour basis; 2)That a cititzen's Review Board be established to investigate complaints of police misconduct and mishandling of 8 October 25, 1988 J~ prisoners; 3) That all prisoners confined in the City Jail be interviewed by a person not associated with the Police Department to allow for an independent assessment of their treatment while in custody. councilmember A. Katz moved to hear from members of the public, who submitted requests to speak on this matter, for two minutes each. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Elisabeth Chmielik and Jerry Silva spoke in support of Ms. Clark's request. Mayor Conn moved to direct staff to perform a thorough investigation into the complaints of Police misconduct, report back to council within 45 days, and make recommendations to the Council about the suggestions made by Ms. Clark. Second by councilmernber A. Katz. The motion was unanimously approved. 14-A: ASSISTANCE TO MALL MERCHANTS: Presented was the request of Councilmember Zane to discuss options for ci ty action to assist Mall merchants who are seriously impacted by construction interference with business. Councilmember Zane initiated discussion and moved to direct staff to formulate options for assisting existing mall merchants who are in need, merchants who are in danger of losing their businesses, at the soonest possible date. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 14-B: SECOND FLOOR WOMEN'S RESTROOM: Presented was the request of councilmember Reed to discuss the elimination of the women's small restroom on the second floor (north wing). Councilmember Reed moved to direct staff that there be no more attempts to remove restroom spaces in City Hall, that staff be directed to report to Council regarding the steps that they are undertaking to address the space problems in City Hall, and what Council and City employees may anticipate in terms of solutions, and that any recommendations for changes would have to come back before city Council before they were made. Second by Mayor Conn. Discussion was held. The motion was approved, Councilmember Finkel opposed as he felt it was not an appropriate action. 14-C: COUNCIL CHAMBERS FEE: Presented was the request of Mayor Conn to waive the fee for the use of the Council Chambers by the California state Board of Equalization on November 2, 3[ and 4, 1988. Mayor Conn moved to waive the Council Chamber fee for these meetings. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 15. PUBLIC INPUT: Steve Spencer addressed Council regarding noise and disturbance problems at the Edgemar Project. ATTE : ~ i ____ .' / ' . (/ - 7.P ~. ~ larice Jo,' sen Ci ty Clerk . ADJOURNMENT: At 1:05 p.m., the meeting was 9 October 25, 1988