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M-4/13/1993 50 CITY OF SANTA MONICA I CITY COUNCIL MINUTES APRIL 13, 1993 A regular meet1ng of the Santa Monica City Council was called to order by Mayor Abdo at 6:45 P.M. on Tuesday, April 13, 1993, in the Council Chambers. Roll Call: Present. Mayor Judy Abdo Mayor Pro Tempore Anton10 Vazquez CounC1lmember Ken Genser Councilmember Asha Greenberg Councilmember Robert T. Holbrook Councilmember Kelly Olsen Councilmember Paul Rosenste1n Also Present: C1ty Manager John Jalili Acting City Attorney Joe Lawrence City Clerk Clar1ce E. Dykhouse Counc1lmember Holbrook led the assemblage 1n the Pledge of Allegiance to the Flag of the Un1ted States of America. 4-A: PROCLAMATION/EARTH DAY, Mayor Abdo presented a I proclamation declar1ng Apr1l 22, 1993, as "Earth Dayrr in the City of Santa Mon1ca. 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. Members of the public Roy Richards, Russ Shaver, Paula Del, Francis Kelleher, and Michael Dieden spoke on Item No. 6-F Member of the publ1c Joy Fullmer spoke on Item No. 6-K. Councilmember Holbrook moved to approve the Consent Calendar, with the except10n of Item Nos. 6-A, 6-F, 6-H, 6-1, and 6-K, reading resolut1ons and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Vazquez. The mot1on was approved by the follow1ng vote: Counc11 vote: Unanimously approved 7-0 6-B: FINAL SUBDIVISION MAP/TRACT NO. 51201/TPC-207!1001 19TH STREET: Resolution No. 8567 (CCS) ent1tled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51201 AT 1001 19TH STREET, II was adopted, thereby approving an 8-unit tenant-participating converS1on project at 1001 19th Street. 6-C: FINAL SUBDIVISION MAP/TRACT NO 51244/TPC-278/209 MONTANA I AVENUE: Resolution No. 8568 (CCS) ent1tled: "A RESOLUTION OF THE - CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51244 AT 209 MONTANA 1 April 13, 1993 I I I 51 AVENUE, II was adopted, thereby approvlng a 32-unit tenant-part~clpating conversion proJect at 209 Montana Avenue. 6-D: FINAL SUBDIVISION MAP/TRACT NO. 51259/TPC-221/1329-33 YALE STREET: Resolution No. 8569(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51259 AT 1329-33 YALE STREET, " was adopted, thereby approving a 16 -unit tenant-partic~pating conversion proJect at 1329-33 Yale Street. 6-E: FINAL SUBDIVISION MAP/TRACT NO. 51380/TPC-246/1143 6TH STREET: Resolution No. 8570 (CCS) entitled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51380 AT 1143 6TH STREET,II was adopted, thereby approv~ng a 12-un~t tenant-part~c~pating conversion proJect at 1143 6th Street. 6-G: BUILDING AND SAFETY DIVISION/ANNUAL REPORT/HOUSING CODE ENFORCEMENT: The Building and Safety Di v~slon' S Annual Report regarding Hous~ng Code enforcement for calendar year 1992 was received and flIed. 6-J: STATEMENT OF OFFICIAL ACTION/CUP 92-041/ALCOHOL LICENSE/1245 THIRD STREET PROMENADE: The Statement of Official Action for Conditional Use Permit (CUP) 92-041 requesting a Type 47 alcohol license ln conjunction with a 246-seat restaurant at 1245 Th~rd Street Promenade (Applicant/Appellant: Hamburger Hamlet of Santa Monica, Inc.) was approved. 6-L: RESOLUTION OF INTENTION/ANNUAL STREET RESURFACING PROGRAM: Resolut~on No. 8571 (CCS) entitled: "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON JUNE 8, 1993, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF CONCRETE GUTTER, STREET RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIR AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREAS AND APPURTENANT WORK, IN CONJUNCTION WITH THE FY 1992-93 STREET RESURFACING PROGRAM AS SHOWN ON CITY DRAWING NO. 6063, IN THE CITY OF SANTA MONICA,II was adopted. END OF CONSENT CALENDAR 6-A: MINUTES: Councilmember Genser moved to approve the City Councll minutes of March 23, 1993, as submitted, and continue the City Counc~l minutes of March 30, 1993, to the meeting of Aprll 27, 1993. Second by Councilmember Rosenstein The motion was unanimously approved. 6-F: PREFERENTIAL PARKING ZONES. Presented was the recommendat~on to direct the City Attorney to prepare ordinances establishing preferential parklng zones on 10th Street between Montana Avenue and Alta Avenuej 24th, 25th, and 26th Streets between P~co Boulevard and Pearl Street and Pearl Street between Cloverfield Boulevard and 26th Street; and direct Plannlng staff to conduct an envlronmental evaluatlon of the proposed zones. Counc~l asked questions of staff. Councilmember Rosensteln moved 2 April 13, 1993 52 that thlS item be remanded to staff for further analysis. Second by Councilmember Holbrook D1Scussion was held. Councilmerober Genser moved a substitute motion to direct the City Attorney to prepare ordinances establlshing preferential parking zones as outllned in the staff report (wlth the clarlficatlon that lt does not include the Sunset Park area, which was withdrawn by staff) and direct the Planning staff to conduct an environmental evaluatlon of the proposed zones. Second by Councilmember Olsen. D1Scussion was held. Councilmember Genser withdrew hlS substitute motion with the provlso that staff return with the analysls within thlrty days. The motion was accepted as friendly. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-H' AWARD OF BID/FLATBED TRUCK: Presented was the staff report recommending rejection of the low bid from Prestige Ford due to delivery tlme and awarding Bid No. 2448 to Santa Monica Ford ln the amount of $21,362 05 for a flatbed truck for the Solid Waste Management Division, General Servlces Department. Discusslon was held. Councilmember Olsen moved to award Bid No. 2448 to Santa Monica Ford in the amount of $21,362 05 for a flatbed truck for the Solid Waste Management Division, General Services Department. Second by CounCllmember Genser. The motlon was approved by the following vote' Council vote: Unanimously approved 7-0 6-1' AWARD OF BID/DUMP TRUCK: Presented was the staff report recommending rejectlon of the bld submitted by Golden State Ford Truck and Sales which was non-responsive and award Bld No. 2450 to Carmenita Truck Center in the amount of $31,850.40 for a dump truck for the Tree Maintenance Divlslon, Cultural and Recreatlon Services Department. Council asked questions of staff. Councilmember Olsen moved to accept the bid for a compressed natural gas vehicle in the amount of $36,721.65 Second by Councl1member Genser Discusslon was held. The motion failed by the following vote CounCll vote: Affirmatlve: Councllmembers Genser, Olsen Negative: Councilmembers Greenberg, Holbrook, Rosenstein, Vazquez, Mayor Abdo I I Councilmember Rosenstein moved to award Bid No. 2450 to Carmenlta Truck Center in the amount of $36,721.65 for a dump truck for the Tree Maintenance Dlvision, Cultural and Recreation Services. Second by Councilmember Greenberg. Councilmember Genser moved to amend the motlon that staff report back to Council within 12 months after the initial placement of the vehlcle into use wlth recommendations for conversion to compressed natural gas. The motion was accepted as friendly. Discussion was held. The I motion was approved by the following vote: 3 Aprll 13, 1993 I I I 53 Council vote. Affirmative: Councilmembers Genser, Greenberg, Holbrook, Rosenstein, Vazquez, Mayor Abdo Negative: Councilmember Olsen 6-K: COMMUNITY DEVELOPMENT PROGRAM FUNDING RATIONALE: Councilmember Genser moved to continue this 1tem, ask the staff to publicly notice it and schedule it for a public hearing. Second by Councilmember Olsen. Discussion was held. Councilmember Genser moved to amend h1S motion that when this 1tem 1S not1ced that it be made clear that 1t 1S h1ghly unlikely that Counc11 w111 consider new funding initiat1ves. The motion was accepted as fr1endly. D1Scussion was held. The mot1on was approved by the follow1ng vote: Council vote' Unanimously approved 7-0 7-A: APPEAL/TPC-270j153 SAN VICENTE: Presented was the appeal of the Plann1ng Commission denial of a 30-unit Tenant-Participating ConverS1on proJect TPC-270 at 153 San V1cente Boulevard. Applicant: Harry T. Roussos and Theodosius T. Roussos. Appellant: Theodosius T. Roussos. Counc11 asked questions of staff. At 8: 45 P. M., Counc11 adj ourned for a short recess reconvened at 9:10 P.M. with all members present. Counc1l 7 -A: RESUMED: Rosario Perry, representing the appl1cantjappellant, spoke in favor of the appeal. Counc11 asked questions of Mr. Perry. Members of the public Joel Goldfarb, Chris Harding, and Paul DeSant1S spoke in support of the appeal. Member of the public Claire Gould spoke in opposition to the appeal. Councilmember Rosenstein moved to continue the public hear1ng untll 11:00 P.M. and continue the remainder of this item and the rema1nder of the agenda to the meeting of Apr1l 27, 1993, and give registered speakers the option of speaking this evening, 1f they are called, or at the meet1ng of April 27, 1993. Second by Councilmember Greenberg. The motion was approved, Counc1lmembers Genser and Olsen opposed. Discuss10n was held. Council member Rosenste1n moved to cont1nue the public hearing and Item Nos. 9-A, 10-A, 10-B, 14-B, and 14-E. Second by Counc1lmember Greenberg. Discussion was held. Mayor Pro Tempore Vazquez moved to reconsider the last decision made. It was pointed out that Mayor Pro Tempore Vazquez did not vote on the above action and was therefore 1nel1gible to move to reconsider. Councilmember Rosenstein moved to recons1der the last decis10n made. Second by Councilmember Genser. The motion was approved, Councilmember Holbrook opposed. Councilmember Rosenstein restated h1S motion to continue the publ1C hearing (not hearing any more speakers) and Item Nos. 9-A, 10-A, 10-B, 14-B, and 14-E, and adjourn to April 27, 1993. Second by Counc1lmember Holbrook. Mayor Pro Tempore Vazquez moved a substitute mot1on to allow members of the publ1c who w1sh to speak on Item No. 7-A and who are unable to return on Apr11 27th to be heard th1S evening and continue Item Nos. 9-A, 10-A, 10-B, 14-B, and 14-E. Second by 4 Apr1l 13, 1993 54 Councilmember Olsen. Discussion was held. Councilmember Greenberg moved to amend the substitute mot10n that the questioning not go past 11: 30 P M Second by Councilmember Holbrook. The mot1on failed, Councilmembers Genser, Olsen, Rosenstein, and Vazquez opposed. Discussion was held. The main motion was approved, Councilmembers Greenberg, Holbrook, and Rosenstein opposed. Members of the public John Str~ke, Edith Nichols, and DeDe Wood spoke 1n support of the appeal. Members of the public Brad Leff and Suzanne Abrescia spoke in opposition to the appeal. The publ~c hearing and rema~nder of this ~tem were continued to the meeting of April 27, 1993. I Councilmember Rosenstein was excused from the meet1ng at 11: 10 P.M. 8-A: OFF-STREET PARKING REQUIREMENTS: The ordinance for introduction and f~rst reading amending part 9.04.10.08 of the Santa Monica Municipal Code regarding off-street parking requirements was cont~nued to the meeting of Apr1l 27, 1993 9-A: SUSTAINABLE CITY PROGRAM/SOUTHERN CALIFORNIA CONFERENCE ON ENVIRONMENT AND DEVELOPMENT: The resolution supporting the creation of a Susta1nable City Program and recommendation to approve sponsorship of the Southern California Conference on Environment and Development was continued to the meet~ng of April 27, 1993. 9-B: CLOSED SESSION: Held at end of meet~ng. I Councilmember Greenberg was excused from the meet1ng at 11: 25 P.M. lO-A: REPAIR SIDEWALKS/DRIVEWAYS/CURBS AND REMOVE DAMAGED PAVEMENT IN PARKWAY AREAS: Presented was the public hear1ng on confirmat~on of assessment of costs to repair damaged sidewalks, driveways, curbs and the removal of damaged pavement in parkway areas on various City streets (SR-93-187). At 11:25 P.M., Mayor Abdo declared the pub11c hearing open. There be~ng no one wishing to speak, Mayor Abdo closed the publ~c hearing. Mayor Pro Tempore Vazquez moved to acknowledge any protests and adopt Resolution No. 8572 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE ASSESSMENT OF COSTS AND THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS, CURBS AND REMOVAL OF DAMAGED PAVEMENT IN THE PARKWAY AREA ON VARIOUS STREETS (SR-93- 187),11 reading by title only and waiving further reading thereof. Second by Councilmember Holbrook. The mot~on was approved by the follow~ng vote' Council vote: Affirmative: Counc~lmembers Vazquez, Olsen, Holbrook, Genser, Mayor Abdo Absent, Councilmember Rosenstein, Greenberg I 5 April 13, 1993 I I I 55 10-B: GUTTER CONSTRUCTION/STREET RESURFACING/REPAIR DAMAGED SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED PARKWAY PAVINGS: Presented was the public hearing conflrmlng assessment of costs for gutter constructlon, street resurfaclng and the repair of damaged sidewalks, driveways and curbs, and the removal of damaged parkway pavings and appurtenant work on varlOUS City streets in conJunction with the 1991-92 street resurfacing program At 11:28 PM, Mayor Abdo declared the publlC hearing open. There belng no one wishing to speak, Mayor Abdo closed the public hearing. Mayor Pro Tempore Vazquez moved to acknowledge any protests and adopt Resolution No. 8573 (CCS) entitled: rrA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSMENT DIAGRAM AND CONFIRMING ASSESSMENT OF COSTS FOR GUTTER CONSTRUCTION, STREET RESURFACING AND THE REPAIR OF DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS, AND THE REMOVAL OF DAMAGED PARKWAY PAVINGS AND APPURTENANT WORK ON VARIOUS CITY STREETS IN CONJUNCTION WITH THE 1991-92 STREET RESURFACING PROGRAM, rr readlng by title only and waivlng further readlng thereof. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Affirmative CounCllmemhers Genser, Holbrook, Olsen, Vazquez, Abdo Absent. Councilmember Greenberg, Rosenstein 14-A: FORMATION OF A WORKING GROUP/TASK FORCE ON PUBLIC SAFETY: The request of Mayor Abdo to dlSCUSS the formation of a worklng group/task force on public safety was continued to the meeting of April 27, 1993. 14-B: LETTER OF RESIGNATION/CLYDE LONGMIRE/PERSONNEL BOARD: Mayor Pro Tempore Vazquez moved to accept wlth regrets the letter of reslgnatlon from Clyde E. Longmire, a Personnel Board member, and authorlze the City Clerk to publish a Notlce of Vacancy. Second by Councilmemher Holbrook. D1Scussion was held. The motion was approved, Councilmembers Greenberg and Rosenstein absent. 14-C: DEVELOPMENT STANDARDS/CHILD CARE CENTERS: The request of Councllmember Rosensteln to discuss a Resolution of Intent directing the Plannlng Commission to lnltlate an amendment to the Zonlng Ordinance relatlng to development standards applicable to Chlld Care Centers in residential distrlcts and dlrecting staff to reVlew fees charged for a City permit was contlnued to the meetlng of April 27, 1993. 14-D: PROHIBITION OF SMOKING IN ALL PLACES OF EMPLOYMENT: Presented was the request of Councilmember Genser to discuss support for AB13 (Friedman) to prohlbit smoking in all places of employment. Councilmember Genser moved to support AB13 (Friedman) to prohlbit smoking ln all places of employment. Second by Council member Olsen The motion was approved, Councilmembers Greenberg and Rosenstein absent. 6 April 13, 1993 56 14-E: FUNDING SUPPORT/MAIN STREET FESTIVAL: Presented was Mayor Abdo's request to discuss City funding support for proposed Main I Street Festival. Discuss10n was held The remainder of this item was continued to the meeting of April 27, 1993. 14-F: CONFLICT OF Councilmember Genser prepare and return conflict of interest April 27, 1993. 14 -G. STOP WORK ORDER/MODIFICATION OF BUILDING PERMIT/CONDOMINIUMS/1118 CALIFORNIA STREET: Presented was the request of Councilmernber Genser to d1scuss issu1ng a stop work order and to modify the building permit for the condom1n1um proj ect at 1118 Callfornia Street. CounC1lmember Genser clarified that the correct address 1S 1118 21st Street. Councilmember Genser moved to continued thlS item to the meeting of Aprl1 20, 1993 unless it can be resolved by staff Second by Councilmember Olsen. Discusslon was held. Member of the public Wayne Schneider expressed concern w1th the condomin1um project. The motlon was approved, Councilmembers Greenberg and Rosensteln absent. INTEREST REGULATIONS: The request of to discuss directlng the City Attorney to with an ordinance to expand and clar1fy regulatlons was continued to the meeting of 15: PUBLIC INPUT: There were no speakers for Publ1c Input. 9-B. CLOSED SESSION: At 11:40 P.M., Councl1 adjourned to Closed I Sesslon for the purpose of considering the case of pallsades Beach Property Owners Association v. City of Santa Monica. CauDell reconvened at 12 04 A.M. with Councllmembers Genser, Holbrook, Olsen, Vasquez and Mayor Abdo present. Mayor Abdo announced that no action was taken. ADJOURNMENT' At 12: 05 A.M., the meeting was adJourned to 6: 30 P.M., April 20, 1993, in memory of Betty Bunnell and Jo Ann Kensey Wilklnson. ATTEST: APPROVED: ~~fJA~ Clarlce E. D~~~~e C1ty Clerk 9u"7 PA, Judy Abdo Mayor I 7 April 13, 1993