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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 23, 1993
A regular meeting of the Santa Monica C~ty Council was called to
order by Mayor Abdo at 6 40 P.M. on Tuesday, March 23, 1993, in
the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Anton~o Vazquez
Councilmember Ken Genser
Councilmember Asha Greenberg
Counc~lmember Robert T. Holbrook
Counc~lmember Kelly Olsen
(arrived at 6:47 P.M.)
Councilmember Paul Rosenste~n
Also Present: City Manager John Jal~li
Acting City Attorney Joe Lawrence
City Clerk Clar~ce E. Dykhouse
Counc~lmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of Amer~ca.
4-A: PROCLAMATION/ANN MORGENTHALER:
proclamat~on to Ann Morgenthaler,
Outlook.
Mayor
retiring
Abdo presented a
reporter for The
6. CONSENT CALENDAR: Presented was the Consent Calendar,
whereby all items are cons~dered and approved ~n one motion
unless removed from the calendar for discuss~on. Mayor Pro
Tempore Vazquez moved to approve the Consent Calendar, with the
except~on of Item Nos. 6-A, 6-D, and 6-F, reading resolut~ons and
ord~nances by title only and wal.vl.ng further readl.ng thereof.
Second by Counc~lmember Holbrook. The motl.on was approved by the
following vote:
Councl.l vote: Affirmative: Councl.lmembers Genser, Greenberg,
Holbrook, Rosenstein, Vazquez,
Mayor Abdo
Absent. Councilmember Olsen
6-B: ORDINANCE/INTERIM DEVELOPMENT STANDARDS/RVC: Ordinance No
1677 (CCS) entitled: rrAN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT STANDARDS
FOR PARCELS ZONED RVC LOCATED ON PACIFIC COAST HIGHWAY BETWEEN
THE SANTA MONICA PIER ON THE SOUTH AND THE NORTH CITY LIMITS, n
was adopted on second read~ng.
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March 23, 1993
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6-C. MEMORANDUM OF UNDERSTANDING/LACTC/PROPOSITION C
DISCRETIONARY GRANT FUNDING: Resolution No. 8559 (CCS) ent1tled.
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY
TRANSPORTATION COMMISSION (LACTC) FOR THE RECEIPT OF PROPOSITION
C DISCRETIONARY GRANT FUNDING FOR THE SANTA MONICA SMART CORRIDOR
EXTENSION AND NORTH/SOUTH CLASS II BICYCLE LANE PROJECTS," was
adopted.
6-E: CONFIRMATION OF ASSESSMENT OF COSTS/CONSTRUCTION OF
CONCRETE PAVEMENT AND APPURTENANT WORK/LINCOLN COURT: Resolution
No. 8560{CCS) ent1tled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RESCINDING RESOLUTION 8530(CCS) ADOPTED ON
JANUARY 26, 1993 AND SE"lTING A NEW PUBLIC HEARING FOR MAY II,
1993, TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF
ASSESSMENT OF COSTS FOR THE CONSTRUCTION OF CONCRETE PAVEMENT AND
APPURTENANT WORK ON LINCOLN COURT BETWEEN OLYMPIC BOULEVARD AND
MICHIGAN AVENUE IN CONJUNCTION WITH THE 1991-92 STREET
RESURFACING PROGRAM," was adopted.
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6-G: EXTENSION OF TIME/LANDMARKS COMMISSION CERTIFICATE OF
APPROPRIATENESS/EXTERIOR MODIFICATIONS/BILLIARD BUILDING:
Resolution No. 8561 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE TIME PERIOD FOR
EXERCISING A CERTIFICATE OF APPROPRIATENESS PERMITTING EXTERIOR I
MODIFICATIONS OF THE BILLIARD BUILDING AT 250 SANTA MONICA PIER,"
was adopted, thereby extend1ng the Certificate 180 days.
6-H: FINAL SUBDIVISION MAP/TRACT NO 23265/TPC-188/3020 11TH
STREET: Resolutlon No. 8562 (CCS) ent1tled. "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 23265 AT 3020 11TH STREET,"
was adopted, thereby approving a 4-un1t tenant-participating
converS1on project at 3020 11th Street.
6-1: FINAL SUBDIVISION MAP/TRACT NO. 50474/TPC-142/1025 IDAHO
AVENUE: Resolut1on No. 8563{CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50474 AT 1025 IDAHO
AVENUE, " was adopted, thereby approving an II-unit
tenant-participating conversion proJect at 1025 Idaho Avenue.
6-J: FINAL SUBDIVISION MAP/TRACT NO. 50887/TPC-174/1147 24TH
STREET: Resolut1on No. 8564{CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50887 AT 1147 24TH STREET,"
was adopted, thereby approving a 5-unit tenant-participating
converS1on project at 1147 24th Street.
6-K: CONTRACT/REMEDIATION ACTIVITIES/UNDERGROUND STORAGE I
TANKS/FIRE STATION 1: Contract No. 5935 (CCS) with Lindmark
Engineering in the amount of $229,840 to conduct remediation
act1vit1es related to underground storage tanks at Fire Station 1
was approved.
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March 23, 1993
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6-L: CONTRACT/LANDSCAPE IRRIGATION SYSTEMS/VARIOUS PARKS/ARCADIA
TREATMENT PLANT/MT. OLIVETTE RESERVOIR: Contract No. 5936(CCS)
with Liquid Flow Engineering, Inc. in the amount of $57,700 for
the installation of landscape ~rrlgatlon systems at V~rglnia
Avenue Park, Paclflc Park, Arcadla Treatment Plant, and Mt.
Olivette Reservoir was approved.
6-M. SHORT RANGE TRANSIT PLAN: The recommendatlon to authorlze
the City Manager to file a Short Range Translt Plan for FYs
1994-97 with the Los Angeles County Metropolltan Transportatlon
Authority and the Southern California Association of Governments
and authorize filing of applications for translt subs~dy funds
was approved.
6-N MID-CITY AREA TRAFFIC PLAN ENVIRONMENTAL IMPACT REPORT: The
recommendation to authorize the C~ty Manager to approve
expenditures to Keith Companies in an amount not to exceed
$30,000 to complete the Mid-City Area Traffic Plan Env~ronmental
Impact Report (EIR) was approved.
6-0. INSTALLATION OF MID-BLOCK PEDESTRIAN SIGNALS/4TH STREET:
Contract No. 5937(CCS) with Paul Gardner Corporation in the
amount of $128,686 for the installation of mld-block pedestrian
signals on 4th Street between Broadway and Wilshire Boulevard was
approved.
6-P STATEMENT OF OFFICIAL ACTION/APPEAL/OCCUPANCY PERMIT 91-
020/1620 BROADWAY: The Statement of Off~clal Action for Appeal
of Planning Commission denial of appeal of Zoning Administrator
approval of Occupancy Permit 91-020 at 1620 Broadway was
approved.
6-Q' AWARD OF BID/RESURFACE SHOP FACILITY FLOOR/TRANSPORTATION
DEPARTMENT: Bid No. 2449 was awarded to Baltic BUllders ln the
amount of $19,000 to resurface the shop facility floor in the
Transportatlon Department.
6-R. PARKING CITATION PROCESSING/PAYMENT RECEIPT SERVICES:
Contract No. 5938(CCS) with Turbo Data Systems, Inc. for parking
citation processing and payment recelpt services was approved.
END OF CONSENT CALENDAR
6 -A: MINUTES. Presented for approval were the m~nutes of the
City Council meet~ngs of February 9, February 16, February 23,
and March 2, 1993 . D1Scuss~on was held. Councllmember
Rosenstein moved to approve the City Council minutes of February
9, February 16, February 23, and March 2, 1993 as presented.
Second by Mayor Pro Tempore Vazquez. The motion was unanlmously
approved, Councilmember Olsen absent.
6-D: FORMATION OF AN ASSESSMENT DISTRICT/CONSTRUCTION OF GUTTER,
STREET RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIR AND
APPURTENANT WORK: The Resolutlon of Intention setting a publ~c
hearing for May 25, 1993, on the formatlon of an assessment
distrlct for the construction of concrete gutter, street
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resurfaclng, sidewalk, driveway and curb repair and appurtenant
work on portions of 7th Street, 9th Street, 10th Street, 12th
Street, Alta Avenue, Chelsea Avenue, Cloverfleld Boulevard, Pico
Boulevard, and Stanford Street was wlthdrawn at the request of
staff.
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6-F: SALE OF EXCESS RIGHT OF WAY PARCELS/OLYMPIC BOULEVARD: The
resolutlons authorizing the sale of excess rlght of way parcels
along Olympic Boulevard, lnltiating the vacatlon proceedings and
setting a publlC hearing for Aprl1 13, 1993, were withdrawn at
the request of staff.
Councilmember Olsen reported present at 6:47 P.M.
8-A: VEHICLE AND PARKING-RELATED INFRACTIONS: Presented was an
ordlnance for introduction and flrst reading amending and addlng
varlOUS sections to the Santa Monlca Municipal Code to change
vehicle and parking-related lnfractions to civil offenses and to
revise the amount of fines. Council asked questions of staff.
At 7:04 P.M., Mayor Abdo declared the publlC hearing open.
Member of the public Joy Fullmer expressed her concerns. Member
of the publlC Mlchael Meyer spoke in opposition to the ordinance.
Mayor Abdo closed the public hearing at 7.10 P.M. D1Scussion was
held Councilmember Holbrook moved that the basic bail amount
not be increased more than 20%. The motion died for lack of a
second. Mayor Abdo moved to introduce for first reading an
ordinance ent~tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE I
CITY OF SANTA MONICA AMENDING AND ADDING VARIOUS SECTIONS OF THE
MUNICIPAL CODE TO CHANGE VEHICLE AND PARKING-RELATED INFRACTIONS
TO CIVIL OFFENSES AND TO REVISE THE AMOUNT OF FINES," readlng by
title only and waiving further readlng thereof. Second by Mayor
Pro Tempore Vazquez. Discussion was held. The mot~on was
approved by the following vote:
Council vote: Affirmative: Counc~lmembers Vazquez, Rosenstein,
Olsen, Greenberg, Genser, Mayor Abdo
Negative: Councilmember Holbrook
8 -B: TRANSPORTATION MANAGEMENT PLAN/LAND USE ANALYSIS PROGRAM:
Presented was an ordlnance for introduction and first read~ng
amendlng Santa Monica Municipal Code Sections 9.12.070, 9.12.090,
9.12.110 and 9.12.120, the City's Transportatlon Management Plan
(TMP) and approving a resolutlon adopting the Land Use Analysis
Program as required by the Congestion Management Plan (CMP).
Counc il asked ques t ions 0 f s taf f . At 7 : 31 P . M., Mayor Abdo
declared the public hearlng open Member of the public Joy
Fullmer expressed her concerns. Mayor Abdo closed the public
hearing at 7: 32 P.M. CounCll asked questlons of staff. Mayor
Pro Tempore Vazquez moved to adopt the ordinance amending the
City's TMP Ord~nance to: 1) Add language adopted by SCAQMD to
Regulation XV concern~ng employee involvement and notification of I
trip reduct~on plan preparat~on to maintain the TMP's status as
more stringent than Regulatlon XVi 2) Amend the dates when the
City will beg~n not~fYlng employers of their need to comply wlth
the TMP provlsions and, accordingly, amend the dates when
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employers must comply with the TMP; 3) Incorporate additlonal
requlrements for new non-resldential development to fulfill
certain requirements of the Clty'S Congestion Management Plan
(CMP) Transportation Demand Management (TOM) ordinance, mandated
by the State; and, 4) adopt a Resolution containing the proposed
Land Use Analysis Program as required by the Congestion
Management Plan. Second by CounCllmember Holbrook. The motlon
was approved by the followlng vote:
Council vote'
Unanimously approved 7-0
By virtue of the above actlon, an ordlnance entltled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.12.070, 9.12.090,
9.12.110 AND 9.12.120 RELATING TO WORKSITE TRANSPORTATION PLANS, II
was introduced for first readlng by tltle only and walvlng
further readlng thereof; and Resolution No. 8565 (CCS) entitled:
" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADOPTING THE LAND USE ANALYSIS PROGRAM FOR LOCAL CONFORMANCE WITH
THE CONGESTION MANAGEMENT PLAN, " was adopted, reading by title
only and waiving further readlng thereof.
8 -C, REQUIREMENT OF A CUP FOR CERTAIN COMMERCIAL USES ON AN
INTERIM BASIS: Presented was an emergency ordinance for
introductlon and adoption requiring a Conditional Use Permlt
requirement for certaln commerclal uses on an lnterlm basls.
Councll asked questlons of staff. At 7: 47 P. M, Mayor Abdo
declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Mayor Abdo closed the public
hearing at 7 :48 P.M. Councilmember Genser moved to adopt the
ordinance wlth the additlon of convenlence stores, restaurants,
fast food and take-out restaurants, drlve-through or drlve-in
restaurants, and game arcades to SECTION 2(a). Second by
Councilmember Olsen. Discussion was held. Councilmember Olsen
moved to amend the motion to add language which would allow auto
repair facilities in the M-1 Zone. The motion was accepted as
friendly by the maker of the motlon. DlscuSSlon was held.
Councllmember Rosenstein moved a substitute motion to approve the
ordlnance as prepared by staff with the addition of language
whlch would make it clear that the auto wash facillty which lS
currently under construction would have the opportunlty to apply
for a conditional use permit if it so deslred. Second by
Councilmember Holbrook. Mayor Abdo moved to amend the motion to
allow auto repair facilities in the M-1 Zone. The motion was
accepted as friendly. DlSCUSSlon was held. Councilmember
Rosenstein moved to amend the motion to request staff to prepare
some analysls of the control of obnoxious uses near resldential
zones The motlon was accepted as friendly. DlscuSSlon was
held The substitute motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Vazquez, Rosenstein,
Holbrook, Greenberg, Mayor Abdo
Negative. Councilmembers Olsen, Genser
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Councilmember Genser requested that the record reflect that he
voted "no" on this item because lt makes lt possible to have a
potentially obnoxious use operate at later hours adJ acent to
residences and it does not adequately control the klnds of uses
which are llkely to create problems for neighbors.
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By virtue of the above action, Ordinance No. 1678 (CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REQUIRING CONDITIONAL USE PERMIT FOR CERTAIN COMMERCIAL USES ON
AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," was
adopted as amended on flrst reading by tltle only and waiving
further reading thereof.
At 8.20 P.M., Council adJourned for a short recess.
reconvened at 8:40 P.M. with all members present.
Councll
9 -A: OCEAN PARK COMMUNITY CENTER' Presented was the
recommendation to award $380,000 to Ocean Park Community Center
(OPCC) and authorize the City Manager to negotlate and execute a
contract for the renovation and rehabilltatlon of facllltles
located at 1447 16th Street for a 55 bed transitional housing
program. Mayor Abdo stated for the record she is a member of the
OPCC Board, but the position lS non-compensated and, therefore,
would not be a confllct of lnterest for her to take part in
dlSCUSSlon and action on this item. Council asked questions of
staff. Members of the publlC Marylyn Adkins, Julie Fasteau,
Richard Davis, Millie Rosensteln, Jim Mortell, Franceye Smlth, I
Diane Blschettl, Manny Hellerman, Vivian Rothstein, Peggy Curran,
James Wong, Davld Shnlad, Mary Galloway, Louisa Fish, Chris
Harding, and Jay Grossman spoke ln support of the proposal.
Member of the public Joy Fullmer expressed her concerns. Members
of the publlC Clyde Smith and Mathew Millen expressed concern
with the public process. Member of the public Len Styles
expressed concern with safety of neighbors. Councilmember
Rosensteln moved to 1) approve the total amount of $380,000 to be
awarded to the Ocean Park Communlty Center (OPCC); 2) approve the
creatlon of a new CIP account 01-720-264-20093-8900-99377 in the
amount of $205,889; and 3) authorlze the Clty Manager to
negotiate and execute an agreement with OPCC for development
fees, project and slte management, other incldental costs and for
the subcontracting out construction to develop a 55 bed
transitional housing program located at 1447 16th Street. Second
by Mayor Pro Tempore Vazquez. D1Scussion was held. The motion
was approved by the following vote:
Councl1 vote:
Unanlmously approved 7-0
By virtue of the above action, Contract No. 5939(CCS) was
approved
Mayor Abdo read a proclamatlon in memorial to Nancy West, Senior
Administrative Analyst in Housing, in appreclation of her I
dedlcated serVlce to the Clty.
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9-B: COMMERCIAL DEVELOPMENT STANDARDS:
review Commercial Development Standards
Impact Report and d1rect the City
implementing ordinance was continued as a
of March 30, 1993.
The recommendation to
Program Environmental
At torney to prepare
115" item to the meet1ng
9-C: CLOSED SESSION: At 10:10 P.M., Council adjourned to Closed
Session for the purpose of discuss1ng the follow1ng pending
cases: 1) Rubin v. City of Santa Monica, United States Dlstr1ct
Court Case No. CV 93-1255-LBi and, 2) Pepi Schweiger v. City of
Santa Mon1ca, Los Angeles Superior Court Case No. SC 0009077.
At 11:05 P.M., Council reconvened w1th all members present.
Act10n was taken at the end of the meeting
Councilmember Holbrook moved to extend the meeting to 11:30 P.M.
Second by Mayor Abdo. The motlon was unan1mously approved.
la-A: REPAIR SIDEWALKS/DRIVEWAYS/CURBS/REMOVE DAMAGED PAVEMENT:
Presented was the publ1c hear1ng on assessment of costs to repa1r
damaged sldewalks, dr1veways, curbs and remove damaged pavement
1n the parkway areas on various streets (SR-93- 186). At 11:05
P.M , Mayor Abdo declared the publ1c hearing open. There being
no one wishing to speak, Mayor Abdo closed the publ1C hearlng.
Councilmember Holbrook moved to adopt Resolution No. 8566 (CCS)
ent1tled: "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
AREAS ON VARIOUS STREETS (SR-93-186)," read1ng by t1tle only and
wa1v1ng further reading thereof. Second by Councilmember
Greenberg. The motion was approved by the following vote:
CounC1l vote:
Unanimously approved 7-0
13-A: MITCHELL LACHMAN/DELIVERY SERVICE: M1tchell Lachman
addressed Council regarding a delivery service for new or
proposed bUS1ness complexes. No action was taken.
13-B: SHOUKRY MESSIH/ORDER OF AGENDA: Shoukry Messih addressed
Council regarding rescheduling of Items 13 Written
Communications and 15 - Public Input to the first two items on
the C1ty CounC1l Agenda. No act10n was taken.
14-A: APPOINTMENT OF MEMBER/ARCHITECTURAL REVIEW BOARD: The
appointment of a member to the Architectural ReV1ew Board was
continued to the meeting of March 30, 1993.
14-8: PROHIBITION OF PLACEMENT OF NEWSRACKS SELLING PORNOGRAPHIC
MATERIALS: The request of Councilmember Greenberg to d1SCUSS
directing the City Attorney to research the legal1ty of
prohibiting the placement of news racks sell1ng pornographic
materials within 200 feet of libraries, schools, places of
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worship, child care centers and parks was continued to the
meeting of March 30, 1993.
14 -C: DAWN'S EARLY LIGHT FIREWORKS PROGRAM: The request of
Councilmember Genser to dJ.scuss giving direction to staff to
resume presentatJ.on of the "Dawn's Early Light" fireworks program
on July 4, 1993, was continued to the meeting of March 30, 1993.
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14-D: WAIVER OF FEE/SCHOOL DISTRICT BOARD: Mayor Abdo presented
her request to dJ.scuss waJ.vJ.ng the fee for the use of the Councll
Chambers on April 22, 1993, by the Santa Monica/Malibu Unified
School District Board. Mayor Abdo moved to waive the fee for the
use of the Council Chambers on April 22, 1993, by the Santa
MonJ.ca/MalJ.bu Unl.fl.ed School DJ.strJ.ct Board. Second by
CounCJ.lmember Greenberg. The motJ.on was approved by the
followlng vote:
Council vote:
Unanimously approved 7-0
14-E: FORMATION OF A WORKING GROUP/TASK FORCE ON PUBLIC SAFETY:
The request of Mayor Abdo to dlSCUSS the formatlon of a working
group/task force on publlC safety was contJ.nued to the meeting of
March 30, 1993.
14-F: SOUTHERN CALIFORNIA GAS COMPANY/RATE INCREASE: The
request of Councilmember Rosenstein to discuss taking a position
on the Southern California Gas Company's proposed rate increase
was continued to the meeting of March 30, 1993.
15: PUBLIC INPUT: Member of the public Joy Fullmer dJ.scussed
the possibillty of Chlld care loans. Member of the public
Shoukry Messih dlscussed an offer of settlement of a lawsuit.
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9-C: CLOSED SESSION: Councilmember Holbrook moved to approve
settlement in the case of Pepi SchweJ.qer v. City of Santa Monica,
Los Angeles Superior Court Case No. SC 0009077, ln the amount of
$100,000. Second by CounCJ.lmember Greenberg. The motl.on was
approved by the following vote:
Council vote:
Unanimously approved 7-0
ADJOURNMENT: At 11:25 P.M., the meeting was adjourned to 6:30
P.M., March 30, 1993, in memory of Harvey II Newt 11 Villars, Nancy
West, Ben Dobbs, and Father LU1S Ollvares.
ATTEST'
APPROVED:
j,t!~.;{ 4~
Clarl.ce E. Dykhouse
City Clerk
f~ ::::
Mayor
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March 23, 1993