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M-10/29/1991 96 CITY OF SANTA MONICA CITY COUNCIL MINUTES I OCTOBER 291 1991 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Abdo at 7:36 P.M. on TuesdaYI October 291 19911 in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Ganser (arrived at 7:45 P.M.) Councilmember Robert T. Holbrook councilmember Herbert Katz Councilmember Kelly Olsen councilmember Antonio vazquez Councilmemher Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers city Clerk Clarice E. Dykhouse Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 6. CONSENT CALENDAR: Presented was the Consent Calendar, I whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Zane moved to approve the Consent Calendar, with the exception of Item Nos. 6-A (October 1, 19911 meeting only), 6-G, 6-1, 6-K, 6-L, 6-N, 6-0, 6-P, 6-R, 6-S, 6-T, 6-V, and 6-W reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Abdo Absent: Mayor Pro Tempore Genser 6-A: MINUTES APPROVAL: The city council minutes of October 8, 1991, were approved as submitted and the minutes of October 15, 1991, were approved as corrected. 6-B: FINAL SUBDIVISION MAP/TRACT NO. 47981/ CONDOMINIUMS/231l SCHADER DRIVE: Resolution No. 8309(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47981 FOR A PROJECT AT 2311 SCHADER DRIVE,1l was adopted, thereby approving a lo-unit condominium project at 2311 Schader Drive. 6-C: FINAL SUBDIVISION MAP/TRACT NO. 49828/CONDOMINIUMS/126 PACIFIC STREET: Resolution No. 8310 (CCS) entitled: "A I 1 October 29, 1991 I I I 97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49828 FOR A PROJECT AT 126 PACIFIC STREET,II was adopted, thereby approving a 5-unit condominium project at 126 Pacific Street. 6-D: FINAL SUBDIVISION MAP/TRACT NO. 50205/TPC-132/2000-16 WASHINGTON/1001-1001A 20TH STREET: Resolution No. 8311(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50205,11 was adopted, thereby approving an II-unit tenant-participating conversion at 2000-16 washington/1001-1001A 20th Street. 6-E: FINAL SUBDIVISION MAP/TRACT NO. 50459/CONDOMINIUMS/521 PIER AVENUE: Resolution No. 8312(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50459 FOR A PROJECT AT 521 PIER AVENUE," was adopted, thereby approving a 5-unit condominium project at 521 pier Avenue. 6-F: SETBACK REQUIREMENTS/1733 OCEAN AVENUE/MAGUIRE THOMAS PARTNERS: In consideration of setback requirements for the project located at 1733 Ocean Avenue pursuant to a development agreement with Maguire Thomas Partners, Council determined that a 20' setback on the east side of Ocean Avenue is appropriate and did not act to vacate a portion of First Court Alley at this time. 6-H: INSTALLATION OF STREET LIGHTS: Resolution No. 8314 (CCS) entitled: "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA OF SETTING A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREETLIGHTING AND APPURTENANT WORK ON TWENTY-FOURTH STREET FROM WILSHIRE BOULEVARD TO ARIZONA AVENUE AS SHOWN ON CITY DRAWING NO. 10032, WITHIN THE CITY OF SANTA MONICA, It was adopted, thereby setting a public hearing date of November 26, 1991. 6-J: LEASES/COLORADO AVENUE/THIRD STREET PROMENADE: Contract Nos. 5784 (CCS) with Alitta, Inc. for space at 602-A Colorado Avenue, 5785 (CCS) with Mudra, Inc. for space at l400-A Third Street Promenade, and 5786(CCS) with Keely's Kites for space at 140Q-B Third Street Promenade, were approved. 6-M: DRY CAUSTIC SODA: Bid No. 2370 was awarded to Jones Chemicals, Inc. at specified unit prices for dry caustic soda for the Water Division, General Services Department. 6-U: INSTALL FRONT LOADING REFUSE BODY AND SIDE LIFT POCKETS ON EXISTING TRUCK: Bid No. 2380 was awarded to Compaction control Industries, Inc. at specified prices to install a 22-cubic yard front loading refuse body and side lift pockets on an existing truck for the Beach Maintenance Division, Cultural and Recreation Services Department. 2 October 29, 1991 98 6-X: STUDY ON TOXIC CHEMICALS IN STORM DRAINS: Contract No. 5787(CCS) with American Oceans campaign was approved for completion of a study on toxic chemicals in storm drains. I 6-Y: BAYS AVER PROGRAM: Budget adjustments were made to appropriate water mitigation revenues in the amount of $500,000 to the BAYSAVER program account to fund eligible plumbing fixture retrofit. END OF CONSENT CALENDAR 6-A: MINUTES APPROVAL: City council minutes of Councilmember Vazquez. Tempore Genser absent and Councilmember Zane moved to approve the October 1, 1991, as submitted. Second by The motion was approved, Mayor Pro Councilmember Katz abstaining. Mayor Pro Tempore Genser reported present at 7:45 P.M. 6-G: REFUSE AND RECYCLING SERVICE COLLECTION SCHEDULE: Presented was a staff report recommending adoption of a resolution relating to frequency of refuse and recycling service and collection for smaller size mUlti-family buildings. Member of the public Joy Fullmer expressed her concerns. Council asked questions of staff. Councilmember Katz moved to adopt Resolution No. 8313(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A REFUSE AND RECYCLING SERVICE COLLECTION SCHEDULE FOR MULTI-FAMILY DISTRICTS," reading by title I only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-I: WASTEWATER ENTERPRISE REVENUE BONDS/HYPERION WASTEWATER TREATMENT PLANT: Presented was a staff report recommending the adoption of a resolution authorizing issuance of wastewater revenue bonds for the Hyperion project and approving forms of notices, indenture, preliminary official statement and other matters related thereto. Member of the public Joy Fullmer expressed her concerns. Mayor Pro Tempore Genser moved to adopt Resolution No. 8315 (CCS) entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $35,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF SANTA MONICA WASTEWATER ENTERPRISE REVENUE BONDS (HYPERION PROJECT), 1991 SERIES A, APPROVING THE FORMS OF A NOTICE INVITING BIDS AND A NOTICE OF INTENTION TO SELL, THE EXECUTION AND DELIVERY OF AN INDENTURE AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO," reading by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 I 3 October 29, 1991 I I I 99 6-K: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 91-020/301 SANTA MONICA PIER: Councilmember Zane moved to continue this item to the meeting of November 12, 1991, as requested by the applicant. Second by Councilmember Katz. The motion was unanimously approved. 6-L: MISCELLANEOUS RECYCLED PAPER: Presented was a staff report recommending that the award of Bid No. 2369 be made to La Salle Paper Company at specified unit prices, plus applicable sales tax. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Councilmember Holbrook moved to award Bid No. 2369 to La Salle Paper Company at specified unit prices for miscellaneous recycled paper for various departments. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-Q: FORKLIFT TRUCK: Withdrawn at request of staff. Councilmember Zane moved to consolidate Item Nos. 6-N, 6-0, 6-P, 6-R, 6-S, 6-T, 6-V, and 6-W, and waive further reading of the individual items. Second by Councilmember Vazquez. The motion was unanimously approved. Discussion was held. Councilmember Olsen moved to award the individual bids to purchase vehicles as described in item numbers 6-N, 6-0, 6-P, 6-R, 6-S, 6-T, 6-V, 6-W below, and directed staff to vigorously investigate cleaner-burning alternative fuel vehicles. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-N: CAB AND CHASSIS: Bid No. 2371 was awarded to Roadline Products, Inc., in the amount of $39,192.79 for one new Cab and Chassis with Special Body for the Traffic operations Division, Land Use and Transportation Management Department. 6-0: TWO CAB AND CHASSIS WITH 2 YARD DUMP BODY: Bid No. 2372 was awarded to Santa Monica Ford in the amount of $35,005.04 for two new and unused 11,000 gross vehicle weight rated cab and chassis with 2 yard dump body for the Parks Division, Cultural and Recreation services Department, and the street Maintenance Division, General Services Department. 6-P: TWO CAB AND CHASSIS WITH DUMP BODY: Bid No. 2373 was awarded to Thorson GMC Buick in the amount of $69,449.96 for two cab and chassis with dump body for the Parks and Tree Maintenance Divisions, Cultural and Recreation Services Department. 6-R: CAB AND CHASSIS WITH STAKE BED AND LIFT GATE: Bid No. 2376 was awarded to Reynolds Buick in the amount of $19,516.25 for one cab and chassis with stake bed and lift gate for the Parks Division, Cultural and Recreation Services Department. 4 October 29, 1991 100 6-S: CAB AND CHASSIS WITH DUMP BODY: Bid No. 2378 was awarded to Reynolds Buick in the amount of $33,504.45 for one cab and chassis with dump body for the Parks Division, cultural and I Recreation Services Department. 6-T: PICKUP TRUCK: Bid No. 2379 was awarded to Downey Auto Center in the amount of $16,013.42 for one pickup truck for the Beach Maintenance Division, cultural and Recreation Services Department. 6-V: 3/4-TON PICKUP TRUCK: Bid No. 2365 was rejected and the rebid requirement was approved for a 3/4-ton pickup truck for the Environmental programs Division, City Manager Department. 6-W: TRUCK TRACTOR: Bid No. 2366 was awarded to Boerner Motor Company in the amount of $29,897.57 for one truck tractor for the Solid Waste Management Division, General Services Department. 7-A: APPEAL/VARIANCE 90-039/WAIVER OF PARCEL MAP 90-001/2039- 2045 11TH STREET: Presented was the appeal of Planning Commission denial of Variance 90-039 and waiver of Parcel Map 90- 001 to allow the adjustment of a parcel line and to allow the creation of a lot that is approximately 3' in depth less than the minimum 100' depth required at 2039-2045 11th Street. Applicant/Appellant: Robert Baron & David Gallenson. Council asked questions of staff. David Shell, on behalf of the Applicant/Appellant, spoke in support of the appeal. Council asked questions of Mr. Shell. Applicant/Appellant David I Gallenson spoke in support of the appeal. Discussion was held. There was no one wishing to speak from the audience. Mayor Pro Tempore Genser moved to deny the variance because there is no parcel before Council on which to apply the variance, and that in the event that conclusion proves to be not true, to deny the variance because of the inability to adopt the required findings for such a variance and to make the findings as they are stated in the Statement of Official Action (and the original staff report) . Second by Councilmember Olsen. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Negative: councilmember Katz Councilmember Katz requested that the record reflect that he voted "no" on this item in the interest of the human element and common sense and would not support denial on a technicality which is unique to this situation. At 9: 00 P. M., Council adj ourned for a short recess. reconvened at 9:35 P.M. with all members present. Council 7-B: RECONSIDERATION/APPEAL/CUP 90-075/VESTING 50221/CONDOMINIUMS/1226 11TH STREET: Presented was reconsideration of the appeal involving a design review Conditional Use Permit 90-075 and vesting Tentative Tract TTM the of Map I 5 October 29, 1991 I I I 101 50221 to allow the construction of a six-unit condominium project at 1226 11th street. Applicant/Appellant: Lance Lentz. Council asked questions of staff. Mayor Pro Tempore Genser moved to hear the applicant for ten minutes and then hear the public for three minutes each. Second by Councilmember Olsen. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Mayor Abdo Negative: councilmember Katz, Zane Rosario Perry, speaking on behalf of the Applicant/Appellant, spoke in support of the appeal. Council asked questions of staff. Members of the public Syd Jurin, Merritt Coleman, and Susan Suntree spoke in opposition to the appeal. Member of the public Dave Paley spoke in opposition to the appeal and to the project as a whole. Rosario Perry presented a rebuttal. steven sorgdrager, representing the Applicant/Appellant, spoke in support of the appeal. Councilmember Zane moved to approve the project at the 40' height and the setbacks per the prior approval, with 6 units, two of which will be approximately 1,100 square feet, on the third floor, as proposed. Second by Councilmember Katz. Discussion was held. Councilmember Katz moved to amend the motion to include careful review of parking by the Traffic Engineer. The motion was accepted as friendly. councilmember Katz moved to extend the meeting to 12:00 Midnight. Second by Councilmember Zane. The motion was approved, Mayor Pro Tempore Genser opposed. Discussion continued. Councilmember Zane moved to revise his motion to reflect that this item should be remanded to the Planning commission for review of the other planning-related issues on which the Council is not deliberating. The amendment was accepted by the seconder. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers HolbroOk, Katz, Vazquez, Zane, Mayor Abdo Negative: Councilmembers Genser, Olsen a-A: TRANSPORTATION MANAGEMENT PLAN: Presented was the resolution certifying the Environmental Impact Report (EIR) and Ordinance for introduction and first reading entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 23 TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE NEW AND EXISTING NON-RESIDENTIAL DEVELOPMENT PROJECTS TO ADOPT WORKSITE TRANSPORTATION PLANS AND TO PAY TRANSPORTATION IMPACT FEES TO REDUCE TRAFFIC CONGESTION AND IMPROVE AIR QUALITY IN THE CITY," reading by title only and waiving further reading thereof. Council asked questions of staff. At 11:25 P.M., Mayor Abdo declared the public hearing open. Member of the public Torn Larmore spoke in support of the proposed ordinance. Members of the public Joy Fullmer and Saxe Dobrin expressed their concerns. Member of the public Norma Gonzales spoke in support of the ordinance with amendments. Mayor Abdo closed the public hearing at 11:55 P.M. Discussion was held. Councilmember Olsen moved to 6 October 29, 1991 102 extend the meeting to 1:00 A.M. Second by Mayor Abdo. The motion was approved, counci1member Katz opposed. Mayor Pro Tempore Genser moved to amend the proposed ordinance as follows: I 1) page 4, subsection (f), to read, "Achieve City-wide commuter Average Vehicle Ridership of 1.5 wi thin three (3) years. ,,~ 2) page 17, subsection (b) (2) to read, "Fees shall apply to developers who have not received certificates of occupancy as of the effective date of the adoption of the developer impact fee."~ 3) page 19, SECTION 9226, line two to read, "... Transportation Plans. Employers of fifty or more employees and developers shall prepare. . . " ; 4) page 7, last sentence of the third paragraph change the sentence beginning "Individuals.. ." to read, "Employers of individuals utilizing a guaranteed ride home service will not be penalized..." and introduce the ordinance for first reading. Second by Councilmember Zane. The motion was set aside for a moment. Councilmember Zane moved to adopt Resolution No. 83l6(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE TRANSPORTATION MANAGEMENT PLAN, n reading by title only and waiving further reading thereof. Second by councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 The original motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-B: USE OF PUBLIC RESTROOMS: Presented was an ordinance for introduction and first reading adding Section 4214 to the Santa Monica Municipal Code regulating the use of public restraoms. Council asked questions of staff. At 12:01 A.M., Mayor Abdo declared the public hearing open. There being no one wishing to speak, Mayor Abdo closed the public hearing. Counci1member Katz moved to introduce for first reading an ordinance entitled: !tAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4214 TO THE SANTA MONICA MUNICIPAL CODE REGULATING THE USE OF PUBLIC RESTROOMS," reading by ti tIe only and waiving further reading thereof. Second by Councilmember Vazquez. The motion was approved by the following vote: council vote: Unanimously approved 7-0 9-A: SIGNIFICANT TRAFFIC IMPACT: Councilmember Katz moved to continue this item to a Study session at a future meeting. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. I 9-B: CLOSED SESSION: Held at end of meeting. 10-A: ELECTRIC POWER LINES: Presented was the public hearing on placement of electric power lines underground in certain areas of I the City and their submission to utility companies for funding. . At 12: 05 A.M., Mayor Abdo declared the public hearing open. There being no one wishing to speak, Mayor Abdo closed the public 7 october 29, 1991 I I I 103 hearing. Councilmember Katz moved to adopt Resolution No. 8317(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC NECESSITY, HEALTH, SAFETY AND WELFARE REQUIRES, WITHIN CERTAIN DESIGNATED AREAS, THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES SUPPLYING ELECTRIC, COMMUNICATION OR SIMILAR OR ASSOCIATED SERVICES AND DESIGNATING SUCH CERTAIN AREAS AS UNDERGROUND UTILITY DISTRICTS AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN SUCH DISTRICTS AND THE UNDERGROUND INSTALLATION OF SUCH WIRES AND FACILITIES," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 12-A: MEMORANDUM OF UNDERSTANDING/ADMINISTRATIVE ASSOCIATION. Considered at end of meeting. TEAM 13 -A: TOM REVEILLE: the Police Department taken. Tom Reveille addressed Council regarding and bicycle licensing. No action was 14-A: HOMELESS SITUATION: Presented was Councilmember Katz's request to discuss the homeless situation and the City Attorney's memo of October 7, 1991. Discussion was held. councilmember Katz moved to continue this item to a Closed Session on November 12, 1991. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was unanimously approved. 14-B: OUTDOOR ALCOHOL SERVICE POLICY/THIRD STREET PROMENADE: The request of Councilmember Holbrook to address Council regarding outdoor alcohol service policy on the Third Street Promenade was continued to the meeting of November 12, 1991. 14-C: APPOINTMENT/MOSQUITO ABATEMENT DISTRICT: The appointment of a member to the Mosquito Abatement District was continued to the meeting of November 12, 1991. 14-0: AMICUS CURIAE BRIEF: Mayor Abdo moved to authorize the city Attorney to file an Amicus curiae Brief in the United States Supreme Court and allocate $25,000 for expenses. Second by Mayor Pro Tempore Ganser. Council asked questions of staff. The motion was approved by the following vote: council vote: Unanimously approved 7-0 14-E: LETTER OF RESIGNATION/RANDI JOHNSON: Mayor Pro Tempore Genser moved to accept the letter of resignation from Randi Johnson from the Recreation and Parks Commission with regret and authorize the City Clerk to pUblish a Notice of Vacancy. Second by Councilmember Katz. The motion was unanimously approved. 15: PUBLIC INPUT: Member of the public Art Casillas addressed council regarding police problems in Pica Neighborhood. 8 October 29, 1991 104 At 12: 30 A.M., Council adjourned to Closed Session to consider Item No. 12-A and the following cases: City of Santa Monica v. Solberg & Lowe, Los Angeles Superior Court Case Number C 727 047, I Sakakura America, Inc. v. City of Santa Monica, Los Angeles Superior Court Case Number B0030112, Jones v. City of Santa Monica et al., santa Monica Superior Court Case Number WEC 100 365, and Swaner, et al. v. City of Santa Monica, et al., Santa Monica Superior Court Case Number WEe 70622. At 1:15 A.M., Council reconvened with all members present. 12-A: MEMORANDUM OF UNDERSTANDING/ADMINISTRATIVE TEAM ASSOCIATES: Presented was the staff report recommending that Council adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with Administrative Team Associates. Mayor Pro Tempore Genser moved to approve Contract No. 5788 (CCS) with Administrative Team Associates and adopt Resolution No. 8318 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE TEAM ASSOCIATES", reading by title only and waiving further reading thereof. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 9-B: CLOSED SESSION: Councilmember Vazquez moved to approve settlement in the case of Jones v. City of Santa Monica in the I amount of $215,653.46. Second by Mayor Abdo. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 ADJOURNMENT: At 1:16 A.M., the meeting was adjourned in memory of Robert Hutton and Jack Adriance. ATTEST: ~~/L2~ Clarice E. DYkhOU~ City Clerk APPROVED: 9b-~ dl Judy Abdo Mayor I 9 October 29, 1991