M-4/27/1993
58
CITY OF SANTA MONICA I
CITY COUNCIL MINUTES
APRIL 27, 1993
A regular meeting of the Santa Mon1ca C1ty Council was called to
order by Mayor Abdo at 6:40 P.M. on Tuesday, Apr11 27, 1993, in
the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore: Antonio Vazquez
Council member Ken Genser
Councilmember Asha Greenberg
Counc1lmember Robert T. Holbrook
Councilmember Kelly Olsen
(arrived at 6:45 P.M.)
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
Acting City Attorney Joe Lawrence
Assistant Clty Clerk Beth Justice
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the Unlted States of America. I
6. CONSENT CALENDAR: Presented was the Consent Calendar,
whereby all 1tems are considered and approved in one mot1on
unless removed from the calendar for discussion. CounCllmember
Holbrook moved to approve the Consent Calendar, with the
exception of Item Nos. 6-D, 6-F, and 6-G, reading resolutions and
ord1nances by title only and waiving further reading thereof.
Second by Counc1lmember Greenberg. The motion was approved by
the follow1ng vote:
Council vote: Aff1rrnative: CounC1lmembers Genser, Greenberg,
Holbrook, Rosenstein, Vazquez,
Mayor Abdo -
Absent: Counc11member Olsen . -
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6-A: MINUTES: The City Council minutes of March 30;-19~~ April
13, 1993, and Apr11 20, 1993 were approved
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6-B: FINAL SUBDIVISION MAP/TRACT NO. 48935/CotIDOMI~I~S/2307
32ND STREET: Resolut1on No 8574 (CCS) ent1tled' "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA "A~CEPTING .AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 489-35- FOR A
PROJECT AT 2307 32ND STREET, 11 was adopted, thereby approving a
6-unit condom~n~um project at 2307 32nd Street I
6-C: FINAL SUBDIVISION MAP/TRACT NO 50942/TPC-223/1115 15TH
STREET: Resolution No. 8575(CCS) entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
1 Apr~l 27, 1993
59
A FINAL SUBDIVISION MAP FOR TRACT NO. 50942 AT 1115 15TH STREET,"
I was adopted, thereby approving a 6-unit tenant-particlpating
converslon project at 1115 15th Street.
6-E: RESOLUTION OF INTENTION/ASSESSMENT DISTRICT/RECONSTRUCTION
OF 4TH COURT AND 9TH COURT: The formation of the assessment
dlstrlct was approved and Resolution No. 8577(CCS) entltled: llA
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A PUBLIC HEARING ON JULY 13, 1993 FOR THE PURPOSE
OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE PAVEMENTS AND
OTHER APPURTENANT WORK ON 4TH COURT BETWEEN COLORADO AVENUE AND
BROADWAY AND 9TH COURT FROM OLYMPIC BOULEVARD TO 4761 NORTH AS
SHOWN ON CITY DRAWING NO. 6061, IN THE CITY OF SANTA MONICA," was
adopted.
END OF CONSENT CALENDAR
Councllmember Olsen reported present at 6:45 P.M.
6-D: APPLICATION FOR BIKEWAY AND PEDESTRIAN FUNDS: Councl1
asked questions of staff. Councilmember Greenber~ moved to adopt
Resolutlon No. 8576(CCS) entltled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION FOR
BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND PLACING THE
FUNDS ON RESERVE UNTIL ADOPTION OF THE CITY'S BICYCLE MASTER
I PLAN," reading by title only and waiving further readlng thereof.
Second by Councilmember Holbrook The motion was approved by the
following vote:
Councl1 vote: Unanimously approved 7-0
6-F' WATER MAIN REPLACEMENT PROJECT: Council asked questions of
staff. Councllmember Rosensteln moved to award Contract No.
5944(CCS) to construct the FY 1991-92 Water Main Replacement
proj ect to the lowest responsible bidder, Williams Supply Co. ,
Inc. , in the amount of $6051610 and authorize the City Engineer
to issue any necessary change orders to complete additional work
to the extent of funds available in conformance with the
Administrative Instructlon on change orders. Second by
Councilmember Holbrook. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
6-G. SALE OF ACCESS RIGHTS/OLYMPIC BOULEVARD: Presented was the
staff report recommendlng adoptlon of a resolution waiving
advertlsement requlrements and authorlzation of the sale of
access rights across two street right-of-way parcels located
along Olympic Boulevard. Council asked questions of staff,
Councilmember Genser moved to adopt Resolution No. 8578(CCS)
I entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA WAIVING ADVERTISEMENT REQUIREMENTS AND AUTHORIZING THE
SALE OF ACCESS RIGHTS ACROSS TWO STREET RIGHT-OF-WAY PARCELS
LOCATED ALONG OLYMPIC BOULEVARD IN THE CITY OF SANTA MONICA, 11
readlng by title only and waiving further readlng thereof.
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Second by Counc1lmember Holbrook. The mot1on was approved by the
following vote:
CounCll vote, Unanimously approved 7-0 I
7-A: APPEAL!TPC-270!153 SAN VICENTE BOULEVARD: Councilmember
Greenberg moved to cont1nue th1S item to the meeting of May 11,
1993. Second by Counc1lmember Rosenstein Councilmember
Rosenstein moved to amend the mot1on to stlpulate that members of
the publ1C who are present this evening and unable to return on
May 11th be allowed to speak this evening. The mot1on was
accepted as friendly. Discussion was held. Mayor Pro Tempore
Vazquez moved to amend the mot1on to close the public hearing
th1S even1ng. The amendment was denied by Councilmember
Greenberg and died for lack of a second. Discussion was held.
The motion was approved by the follow1ng vote:
Council vote: Affirmative' Councilmembers Rosenstein, Holbrook,
Greenberg, Mayor Abdo
Negative' Councilmembers Vazquez, Olsen,
Genser
Member of the public Wes Wellman discussed the purpose of TORCA.
Members of the public Judy Fite, Barbara Miller, Mar1lyn Sogg,
Michael Tarbit, and Denny Zane spoke in opposition to the appeal.
Members of the public Paula Vasilas, Sophie Vasilas, James Baker, I
A1leen Preonas, and Sherman Stacey spoke 1n support of the
appeal. Discussion was held. The remalnder of the appeal of the
Plann1ng Comm1ssion denial of a 30-un1t Tenant-Partic1pating
Conversion project TPC-270 at 153 San Vicente Boulevard was
continued to the meeting of May 11, 1993. Applicant: Harry T.
Roussos and Theodos1uS T. Roussos. Appellant. Theodosius T.
Roussos.
9-A: COMMUNITY DEVELOPMENT PROGRAM FUNDING RATIONALE: Presented
was the recommendatlon to approve the proposed FY 1993-94
Communi ty Development Program funding rationale Council asked
questions of staff Member of the public Tom Mayo spoke 1n
support of the C1v1l1an Assistance Patrol. Member of the public
Janice Tunder spoke in support of the Venice Family Clinic.
Members of the public Frank Lewandowsk1 and Ruth King spoke in
support of CLARE Foundation. Members of the publlC Jeanne Segal,
Holly Kiger, Laurle Newman, and Bruce Rankin spoke 1n support of
the staff recommendation Member of the public Bill Harkey spoke
in support of Turning Point Shelter Member of the public Joy
Fullmer expressed her concerns. Members of the public Geraldine
Moyle, Dor1S Gange, Joan L1ng and Paul DeSant1s spoke in support
of Community Corporation. Member of the public Rosemary
Regalbuto spoke in support of the Meal s on Wheel s program and
sen10r and youth programs. Member of the public Tammy Weisberger
spoke in support of Santa Monica AIDS proj ect. Member of the I
public Daphne Dennis spoke in support of services for the
homeless and Santa Monica AIDS Pro] ect. Member of the public
Michael Tarbit urged Counc11 to ra1se revenues. Members of the
publ1C Carol Anne Wr1ght, Hugh Hallenberg, and Jane Small spoke
3 April 27, 1993
61
in support of services for the disabled. Members of the public
I She~la Wells, Inn~s Richards, Maynard Ostrow, and Lisa Dav~dson
spoke ~n support of the Santa Mon~ca Symphony. Councilmember
Rosenstel.n moved to approve the fundl.ng rationale proposed by
staff. Second by Counci1member Holbrook. Dl.scussl.on was held.
Council member Holbrook moved to amend the motion that staff
include information as to the length of time each program has
been supported by the City. The mot~on was accepted as friendly.
Council member Greenberg moved to amend the motion that staff
include in its report the percentage of the agencies' funds that
the Cl.ty provl.des. The motl.on was accepted as friendly
Discussion was held. The motion was approved by the following
vote:
Counc~l vote Unan~mously approved 7-0
At 10:00 P.M., Council adjourned for a short recess. Council
reconvened at 10:27 P.M. with all members present.
9-B: STATUS OF FY1993-94 BUDGET PREPARATION: Presented was the
report regarding the status of FY1993-94 budget preparation and
request for Council direction on additional budget reductions
and/or revenue replacement options CounCl.l asked questions of
staff. Member of the public Alan Toy discussed the Communl.ty
Access Committee and the status of the Transition Plan.
Councilmember Greenberg moved to extend the meeting to 11:30 P.M.
I Second by Councl.lmember Holbrook. The motion was unanimously
approved. Member of the public Patrl.cl.a Hoffman discussed the
State budget. Member of the public Phill.p Bal.ly discussed the
Community Access Committee and the Transitl.on Plan. Member of
the publl.c Larry Arreola spoke in support of the replacement
revenue options proposed by staff and suggested additional
revenue increases and urged Counc~l to match last year's budget
for the Santa Monica-Malibu School District. Member of the
public Bob Gabriel urged Council to reduce expenditures. Council
asked questl.ons of staff. Dl.scuss~on was held. Councilmember
Rosenstein moved to authorize the City Attorney to prepare
ordinances to set the Parking Lot Tax at 10%, change the rate of
Utility Users' Tax to 10% retaining the base, and add the water
bill to the Utility Users' Tax Base. Second by Mayor Abdo.
Discussion was held. Councilmember Holbrook moved to amend the
motion to ask staff to apply the same crl.terl.a as ~s being
appl~ed to social service to study the City departments wh~ch
provide the broadest service to the public. The motion died for
lack of a second. Discussion was held. Mayor Abdo restated the
motion to direct the City Attorney to prepare ordl.nances that
address a parking tax, utl.ll.ty users tax, place a utl.ll.ty users'
tax on the water bill, and return to Council. Councilmember
Greenberg moved to extend the meeting to 12:00 Midnight. Second
by Mayor Abdo. The motion was approved, Councl.lmember Rosenstein
opposed. Dl.scussl.on was held. The motion was approved by the
I following vote:
Council vote: Affirmative: Councilmembers Vazquez, Rosenstein,
Olsen, Genser, Mayor Abdo
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62
Negative: Councilmembers Holbrook, Greenberg
Councilmember Holbrook requested that the record reflect that he I
voted "no" on this i tern because of the 1mplementation of a 10%
water users' tax which he believes to be dlscriminatory; however,
he does support the other portions of the motion.
g-c. SUSTAINABLE CITY PROGRAM: Presented was the staff report
recommending adoptlon of a resolution support1ng the creatlon of
a Susta1nable City Program. CounCll asked questions of staff.
Member of the publ1c Joy Fullmer expressed her concerns.
Councllmember Rosenstein moved to adopt Resolution No. 8579 (CCS)
ent1tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SUPPORTING THE CREATION OF A SUSTAINABLE CITY PROGRAM AND
URGING REGIONAL EFFORTS TO ADOPT POLICIES AND PROGRAMS BASED ON
THE CONCEPT OF SUSTAINABILITY TO ENSURE THE FUTURE WELL-BEING OF
OUR NATURAL AND HUMAN RESOURCES," reading by tltle only and
waiv1ng further reading thereof. Second by Councilmember
Greenberg. The mot1on was unanimously approved.
9-D: CLOSED SESSION: Held at end of meeting.
Counc1lmember Rosenstein excused himself from the meeting at
11:53 P.M.
10-A: CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY/FINANCING OF VARIOUS SANTA MONICA HOSPITAL MEDICAL I
CENTER HEALTH CARE FACILITIES: Presented was the staff report
recommend1ng adoption of resolutlons authorlzing membership in
the California Statewide Conununities Development Author1 ty and
allowing the f1nanc1ng of various Santa Monica Hospital Medical
Center health care facilitles. Council asked questions of staff.
At 11:55 P.M. , Mayor Abdo declared the pub11C hearing open.
Member of the publlC Joy Fullmer expressed her concern. Mayor
Abdo closed the public hearing at 11:58 P.M. Councilmember
Holbrook moved to approve Contract No. 5945 (CCS) , adopt
Resolution No. 8580(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA APPROVING, AUTHORIZING AND
DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY," reading by title only and waiving further
reading thereof, and adopt Resolutlon No. 8581 (CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING AN INSTALLMENT PURCHASE FINANCING FOR CERTAIN HEALTH
CARE FACILITIES LOCATED WITHIN THE CITY OF SANTA MONICA," reading
by tltle only and waiving further readlng thereof. Second by
Council member Greenberg. The motlon was approved by the
following vote:
Council vote: Afflrmatlve: Councilmembers Genser, Greenberg,
Holbrook, Olsen, Vazquez, Mayor Abdo
Absent: Councilmember Rosensteln I
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63
Mayor Abdo moved to extend the meetlng to 12:20 A.M. Second by
Councilmember Holbrook. The motion was approved, Councllmember
I Rosenstein absent.
13-A: S. JOHN DUDZINSKY, JR./CHAMBER OF COMMERCE/SELECTION
PROCESS FOR NEW CITY ATTORNEY: Councllmember Holbrook moved to
hear speakers on this ltem. Second by Councilmember Greenberg.
The motlon failed, Councilmembers Genser and 01 sen opposed, and
Councilmember Rosensteln absent. S. John Dudzinsky, Jr. ,
President of the Santa Monica Area Chamber of Commerce, presented
his request to address Council regarding the selection process
for a new City Attorney for Santa Monlca. No action was taken.
14-A: DAWN'S EARLY LIGHT: The request of Councl1member Genser
to discuss giving direction to staff to resume the presentatlon
of the IIDawn's Early Light II fireworks program on July 4, 1993,
was contlnued to the meeting of May 11, 1993.
14-B: FORMATION OF WORKING GROUP/TASK FORCE ON PUEL I C SAFETY:
The request of Mayor Abdo to discuss the formation of a working
group/task force on public safety was continued to t~~~e~tlng_of
May 11, 1993.
14-C: AMENDMENT TO ZONING ORDINANCE/DEVELOPMENT-BTANDARDSjCHILD
CARE CENTERS: The request of Councllmember Rosenst~in to discuss
a Resolution of Intent directlng the Planning 'Cqrnmlsslon to
I initiate an amendment to the Zoning Ordlnance relating to
development standards applicable to Child Care Centers ln
residential districts and directing staff to review fees charged
for a City permit was continued to the meetlng of May 11, 1993.
14-D: FUNDING SUPPORT/MAIN STREET FESTIVAL: The request of
Mayor Abdo to dlSCUSS City funding support for the proposed Maln
Street Festival was contlnued to the meetlng of May II, 1993.
14-E: CONFLICT OF INTEREST REGULATIONS. The request of
Council member Genser to discuss directing the City Attorney to
prepare and return with an ordinance to expand and clarify the
conflict of interest regulations was continued to the meeting of
May 11, 1993.
14-F: ATTENDANCE AT CALIFORNIA CONTRACT CITIES
ASSOCIATION/ANNUAL MUNICIPAL SEMINAR/PALM SPRINGS: Councilmember
Holbrook presented hlS request to attend the California Contract
Cities Association's Annual Municipal Seminar in Palm Springs
held on May 20-23, 1993. Councilmember Holbrook moved that he be
allowed to attend the Californla Contract Cities Association's
Annual Munlclpal Seminar in Palm Springs held on May 20-23, 1993.
Second by Councilmernber Greenberg. The motion was approved by
the following vote:
I Council vote: Affirmative. Councilmembers Vazquez, Olsen,
Holbrook, Greenberg, Genser,
Mayor Abdo
Absent: Councilmember Rosensteln
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15: PUBLIC INPUT: Member of the public Frank Cannava made
suggestlons for balancing the budget. I
9-D: CLOSED SESSION: At 12:05 A M., CounCl1 adjourned to Closed
Session for the purpose of conslderlng the case of Rubln, et al.
v. City of Santa Mon1ca, United States Dlstrict Case No. CV
93-1255 LGB. No action was taken
At 12:20 A.M., Councll reconvened w1th all members present except
Councllmember Rosenstein.
ADJOURNMENT: At 12:20 A.M. , the meet1ng was adjourned 1n
memory of Bea Hurd and Cesar Chavez.
ATTEST: APPROVED:
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f" -;'-,r '/./:;> /
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Beth Just1ce Judy Abdo
Assistant City Clerk Mayor
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7 Apr1I 27, 1993