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M-1/12/1993 I I I 440 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 12, 1993 A regular meeting of the Santa Monica City council was called to order by Mayor Abdo at 7:37 P.M. on Tuesday, January 12, 1993, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez Councilmember Ken Genser Councilmember Asha Greenberg Councilmember Robert T. Holbrook Councilmember Kelly Olsen Councilmember Paul Rosenstein Also Present: city Manager John Jalili Acting City Attorney Joe Lawrence City Clerk Clarice E. Dykhouse Mayor Pro Tempore Vazquez led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. 4-A: RECOGNITION OF RISK MANAGEMENT PROGRAM/AUTHORITY OF CALIFORNIA CITIES EXCESS LIABILITIES: Mayor Abdo accepted a plaque from the Authority of California Cities Excess Liabilities in recognition of the city of Santa Monica I s risk management program. 4-B: ANNOUNCEMENT/PUBLIC HEARING/COMMISSION ON THE STATUS OF WOMEN: Councilmember Greenberg announced that a public hearing sponsored by the Santa Monica commission on the Status of Women will be held on Sunday, January 24, 1993, at the Ken Edwards Center at 2:00 P.M. At 7:42 P.M., a city Council/Redevelopment Agency Special Joint Meeting was convened. Redevelopment Agency Roll Call: Present: Chair Judy Abdo Agency Member Ken Genser Agency Member Asha Greenberg Agency Member Robert T. Holbrook Agency Member Kelly Olsen Agency Member Paul Rosenstein Chair Pro Tempore Antonio Vazquez Also Present: Executive Director John Jalili Acting Agency Attorney Joe Lawrence Agency Secretary Clarice E. Dykhouse RA-l: MINUTES APPROVAL: Chair Pro Tempore Vazquez moved to approve the Redevelopment Agency minutes of October 13, 1992. 1 January 12, 1993 441 Second by Agency Member Greenberg. The motion was unanimously approved. CC/RA-2: RENEWAL OF LOANS/DOWNTOWN REDEVELOPMENT PROJECT/OCEAN I PARK REDEVELOPMENT PROJECT: Presented was the staff report recommending renewal of six loans for the 1993 calendar year to the Redevelopment Agency and authorization for the Agency Chair to execute Promissory Notes for the Downtown Redevelopment Project and Ocean Park Redevelopment Project. Councilmember Olsen moved, on behalf of the City council, to renew the six loans to the Redevelopment Agency and to accept the promissory Notes. Second by Councilmember Greenberg. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Agency Member Holbrook moved, on behalf of the Redevelopment Agency, to approve and authorize the Chair to execute the six Promissory Notes between the Agency and the City, extending the loans for the 1993 calendar year. Second by Agency Member Greenberg. Agency vote: Unanimously approved 7-0 At 7:49 P.M., the Special City Council/Redevelopment Agency Joint Meeting was adjourned and a Special Meeting of the Housing Authority was convened. Housing Authority Roll Call: Present: Chair Judy Abdo commissioner Ken Genser commissioner Asha Greenberg commissioner Robert T. Holbrook commissioner Kelly Olsen commissioner Paul Rosenstein Vice Chair Antonio Vazquez Also Present: Secretary John Jali1i Acting Authority Attorney Joe Lawrence Authority Clerk Clarice E. Dykhouse I HA-l: MINUTES APPROVAL: Commissioner Holbrook moved to approve the Housing Authority minutes of November 17, 1992. Second by Commissioner Greenberg. The motion was unanimously approved. HA-2: ANNUAL CONTRIBUTION CONTRACT/SECTION 8 CERTIFICATES AND VOUCHERS: Presented was the staff report recommending adoption of a resolution authorizing the Executive Director to sign the contracts for 25 additional Certificates and 25 additional Vouchers. Commissioners asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Commissioner Holbrook moved to adopt Resolution No. 55 (HAS) entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA AUTHORIZING THE I EXECUTIVE DIRECTOR TO EXECUTE THE ANNUAL CONTRIBUTION CONTRACT FOR TWENTY-FIVE CERTIFICATES AND TWENTY-FIVE VOUCHERS," reading by title only and waiving further reading thereof. Second by 2 January 12, 1993 I I I 442 commissioner Greenberg. The motion was approved by the following vote: Authority vote: Unanimously approved 7-0 At 7:50 P.M., the Special Housing Authority Meeting was adjourned and the city council Meeting was reconvened. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. councilmember Holbrook moved to approve the Consent Calendar, with the exception of Item Nos. 6-L and 6-0, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Greenberg. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of December 8, and December 15, 1992, were approved as submitted. 6-B: INCLUSIONARY HOUSING: Ordinance No. 1661(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.28.030 REGARDING INCLUSIONARY HOUSING," was adopted, thereby providing that an inclusionary housing obligation will not be required for projects inVOlving new construction of a single dwelling unit when it is replacing more than one unit in a multifamily district, where existing zoning would allow only the development of one unit on that lot. 6-C: FINAL SUBDIVISION MAP/TRACT NO. 50567/TPC-156/1541 PRINCETON STREET: Resolution No. 8520 (CCS) entitled: IlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50567 FOR A PROJECT AT 1541 PRINCETON STREET," was adopted, thereby approving a 6-uni t tenant-participating conversion project at 1541 Princeton Street. 6-D: FINAL SUBDIVISION MAP/TRACT NO. 50770/TPC-157/2506-16 4TH STREET: Resolution No. 8521(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50770 AT 2506-2516 FOURTH STREET," was adopted, thereby approving a 9-unit tenant-participating conversion project at 2506-16 4th Street. 6-E: FINAL SUBDIVISION MAP/TRACT NO. 51143/TPC-212/1328 FRANKLIN STREET: Resolution No. 8522(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51143 AT 1328 FRANKLIN STREET, " was adopted, thereby approv ing a 7 -uni t tenant-participating conversion project at 1328 Franklin Street. 6-F: FINAL SUBDIVISION MAP/TRACT NO. 51286/TPC-217/3101 5TH STREET: Resolution No. 8523(CCS) entitled: "A RESOLUTION OF THE 3 January 12, 1993 443 CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51286 FOR A PROJECT AT 3101 5TH STREET," was adopted, thereby approving a 13-unit I tenant-participating conversion project at 3101 5th Street. 6-G: LEASE/FEDERAL AVIATION ADMINISTRATION/NAVIGATIONAL AID EQUIPMENT: Contract No. 5916 (CCS) with Federal Aviation Administration was approved for the continued placement of a Terminal Very High Frequency Omni Range at Santa Monica Airport. 6-H: WILLDAN ASSOCIATES/CONSTRUCTION MANAGEMENT SERVICES/ SIGNALS/WILSHIRE BOULEVARD: contract No. 5917 (CCS) was awarded to Willdan Associates in an amount not to exceed $11.8,700 for construction management services for upgrading and modernizing traffic signals on Wilshire Boulevard. 6-1: MARDEN SUSCO/WATER SERVICE FITTINGS: awarded to Marden Susco at specified unit service fittings for the Water Division, Department. Bid No. 2443 was prices for water General Services 6-J: COMPREHENSIVE ANNUAL FINANCIAL REPORT/FY 1991-92: The City'S Comprehensive Annual Financial Report for FY 1991-92 was received and filed. 6-K: CERTIFICATION OF STATEMENTS OF OFFICIAL ACTION/APPEAL/CUP 92-007/92-007a/92-007b/92-007d/92-007f/92-007q/92-007h/ALCOHOL LICENSES/1315 THIRD STREET PROMENADE: Statements of Official I Action containing findings for the approval of Conditional Use Permits 92-007, CUP 92-007a, CUP 92-007b, CUP 92-007d, CUP 92- 007f, CUP 92-007g, and CUP 92-007h were approved. 6-M: NATIONAL SANITARY SUPPLY/MISCELLANEOUS JANITORIAL SUPPLIES: Bid No. 2438 was awarded to National Sanitary Supply at specified unit prices for miscellaneous janitorial supplies for various departments. 6-N: FAMILIAN BAY AREA PIPE & SUPPLY/TOILETS/PLUMBING PARTS: Bid No. 2440 was awarded to Familian Bay Area Pipe & Supply at specified unit prices for toilets and plumbing parts for the Environmental Programs Division, city Manager's Office. 6-P: LINDMARK ENGINEERING/ENVIRONMENTAL ASSESSMENT ACTIVITIES/UNDERGROUND STORAGE TANKS: Contract No. 5918(CCS) was executed with Lindmark Engineering in the amount of $105,167 to conduct environmental assessment activities related to underground storage tanks and necessary appropriations were made. END OF CONSENT CALENDAR 6-L: DOWNEY AUTO CENTER/PICKUP TRUCK: Presented was the staff recommendation to award Bid No. 2436 to Downey Auto Center for a 3/4 ton pickup truck for the Parks Division. Council asked I questions of staff. Councilmember Olsen moved to award Bid No. 2436 to Downey Auto Center in the amount of $20,566.42 for a 3/4 ton pickup truck for the Parks Division, Cultural and Recreation 4 January 12, 1993 I I I 444 services Department. Second by Councilmember Holbrook. The motion was approved by the following vote: council vote: Unanimously approved 7-0 6-0: DOWNEY AUTO CENTER/PICKUP TRUCKS WITH DUMP BEDS: Presented was the staff recommendation to award Bid No. 2441 to Downey Auto Center for two 3/4 ton pickup trucks with dump beds for the Parks Division. council asked questions of staff. Councilmember Olsen moved to award Bid No. 2441 to Downey Auto center in the amount of $41,818.06 for two 3/4 ton pickup trucks with dump beds for the Parks Division, Cultural and Recreation services Department. Second by Councilmember Holbrook. The motion was approved by the following vote: council vote: Unanimously approved 7-0 7-A: APPEAL/CUP 90-084/CONDOMINIUMS/1702 APPIAN WAY: The appeal of Planning commission approval of CUP 90-084 to allow the construction of a 10-unit condominium at 1702 Appian Way was withdrawn at the request of appellant Sharon Gilpin. 7-B: APPEAL/OCCUPANCY PERMIT 91-020/1620 BROADWAY: Presented was the appeal of Planning commission denial of Zoning Administrator approval of Occupancy Permit 91-020 for residential/commercial use at 1620 Broadway. Applicant: Ronen Hacker. Appellant: Councilmember Ken Genser. Councilmember Genser spoke in favor of the appeal and in opposition to the approval of the Occupancy Permit. Chris Harding, speaking on behalf of the occupant, spoke in opposition to the appeal and in favor of the approval of the Occupancy Permit. Council asked questions of Mr. Harding. councilmember Genser presented a rebuttal. Council asked questions of Councilmember Genser. Councilmember Holbrook moved to uphold the recommendation of the Planning Commission's denial of the appeal and uphold the Zoning Administrator's approval of Occupancy Permit 91-020, pursuant to the findings and conditions contained in the Planning commission statement of Official Action. Second by Councilmember Greenberg. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Vazquez, Rosenstein, Holbrook, Greenberg, Mayor Abdo Negative: councilmember Olsen Abstain: Councilmember Genser 8-A: EFFECTIVE TIME/INTERIM ORDINANCES: The ordinance for introduction and first reading amending Santa Monica Municipal Code Section 9.04.20.16.060 to allow an interim ordinance to be in effect for up to 50 months and 15 days was continued to the meeting of January 19, 1993. 8-B: EXTENSION OF CITYWIDE MORATORIUM/NON-RESIDENTIAL/HOTEL DEVELOPMENT: The ordinance for introduction and first reading 5 January 12, 1993 445 extending the Citywide moratorium on non-residential and hotel development for 120 days was continued to the meeting of January 19, 1993. 8-C: CONTRACT AMENDMENT/PERS/EARLY RETIREMENT: Presented was an ordinance for introduction and first reading amending contract with Public Employees' Retirement System to provide an incentive for early retirement and adoption of Resolution of Intention. Council asked questions of staff. At 8: 30 P.M., Mayor Ahdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the public hearing at 8: 32 P.M. Mayor Pro Tempore Vazquez moved to adopt Resolution No. 8524 (CCS) entitled: "RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof; and introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM," reading by title only and waiving further reading thereof. Second by Councilmember Greenberg. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 I 8-0: ADJUSTMENTS FOR GARAGE ACCESSORY BUILDINGS: The ordinance I for introduction and first reading amending Santa Monica Municipal Code Section 9.04.20.34.030 regarding adjustments for garage accessory buildings was continued to the meeting of January 19, 1993. 9-A: RECONSIDERATION/TENTATIVE PARCEL MAP 21159/VARIANCE 92- 013/3222-3232 23RD STREET: Presented was the reconsideration of City Council denial of Tentative Parcel Map 21159 and Variance 92-013 at 3222-3232 23rd Street. Applicants: Mohammad Siadat and Mohammad Davari. Council asked questions of staff. Members of the public Bill Mellick, Janet MelliCk, Ted Hirschberger, Suzanne Abrescia, and Larry Hobbs spoke in opposition to the reconsideration. Member of the public Joy Fullmer expressed her concerns. Member of the pUblic Paul Cook spoke in support of the reconsideration. Discussion was held. Councilmember Genser moved to deny the application. Discussion was held. Second by Councilmember Olsen. The motion was approved by the following vote: council vote: Affirmative: councilmembers Vazquez, Rosenstein, Olsen, Greenberg, Genser Negative: Counci1member Holbrook, Mayor Abdo At 9: 35 P. M., Council adj ourned for a short reces s . reconvened at 9:50 P.M. with all members present. Council 6 January 12, 1993 I I I I 446 9-B: RULES OF ORDER AND PROCEDURE/CITY COUNCIL MEETINGS: Presented was the staff report recommending adoption of a resolution to amend the Rules of Order and Procedure for the conduct of city Council meetings. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Discussion was held. Councilmember Greenberg moved to adopt Resolution No. 8525 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NUMBER 8489 (CCS) TO AMEND THE RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS, II reading by title only and waiving further reading thereof. Second by Councilmember Genser. Discussion was held. Councilmember Rosenstein moved to amend the motion to also direct staff to research appeal procedures. Discussion was held. The amendment was accepted as friendly by the maker. Councilmember Genser withdrew his second. The motion was then seconded by Councilmember Rosenstein. Discussion was held. Councilmember Genser asked that the amendment be voted on separately. The motion to adopt the Resolution was approved by the following vote: council vote: Unanimously approved 7-0 On a call for a vote to direct staff to research the appeals process, the motion carried, with Councilmembers Genser and Olsen voting no. 9-C: 1993-94 CITY BUDGET PRIORITIES: The recommendation to invite public comment and request City Council direction regarding 1993-94 city budget priorities was continued to the meeting of January 19, 1993. 9-D: CLOSED SESSION: Not held. ~O-A: STREETLIGHTING DISTRICT/ARIZONA AVENUE: Presented was the public hearing on proposed streetlighting district on Arizona Avenue from Franklin Street to centinela Avenue. Council asked questions of staff. At 10:35 P.M., Mayor Abdo declared the public hearing open. Member of the public Lynn Bassel spoke in opposition to the proposed streetlighting district. Member of the pUblic Rod Lane spoke in support of the proposed streetlighting district. Mayor Abdo closed the public hearing at 10:46 P.M. Councilmember Genser moved to adopt Resolution No. 8526 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES THE CONSTRUCTION OF STREETLIGHTING, AND APPURTENANT WORK AND ORDERS WORK TO BEGIN ON ARIZONA AVENUE BETWEEN FRANKLIN STREET AND CENTINELA AVENUE AS SET FORTH IN RESOLUTION OF INTENTION NUMBER 8505(CCS)," reading by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 13-A: JOEL WEST, M.D./PENALTIES/LATE FILING OF BUSINESS LICENSE: Joel West, M.D. addressed Council regarding review of penalties 7 January 12, 1993 447 charged for late filing of business license. Council asked questions of Mr. West. Discussion was held. No action taken. 13-B: BRENDA McKEE/MASSAGE THERAPISTS: The request of Brenda I McKee to address Council regarding the minimum number of hours of education for massage therapists was continued to the meeting of January 26, 1993, at the request of Brenda McKee. 14-A: APPOINTMENTS/AIRPORT COMMISSION/PLANNING COMMISSION/ BAYSIDE DISTRICT CORPORATION/PIER RESTORATION/ARTS COMMISSION: The appointments to the Airport commission, Planning Commission, Bayside District Corporation Board of Directors, Pier Restoration corporation Board of Directors, and Arts Commission was continued to the meeting of January 19, 1993. 14-B: LETTER OF RESIGNATION/CHUCK WORKMAN/ARTS COMMISSION: Councilmember Greenberg moved to accept with regrets the letter of resignation from Chuck Workman from the Arts Commission and authorize the City Clerk to publish a Notice of Vacancy. Second by Councilmember Holbrook. The motion was unanimously approved. Mayor Pro Tempore Vazquez moved to extend the meeting to 11:10 P.M. Second by Counci1member Genser. The motion was unanimously approved. 15: PUBLIC INPUT: Member of the public Patrick Regan reported on incidents which have recently occurred at city Hall. Member of the public Beloved Quail suggested that periodic weekend I council meetings be held and discussed various concerns. ADJOURNMENT: At 11:10 P.M., the meeting was adjourned to January 19, 1993, at 7:30 P.M. ATTEST: APPROVED: D . rL2~ ~ Dykhd:'se City Clerk 9A .d/. Judy Abdo Mayor I 8 January 12, 1993