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M-5/26/1992 I I I 261 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 26, 1992 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:15 P.M. on Tuesday, May 26, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Herbert Katz Councilmember Kelly Olsen Councilmember Antonio Vazquez Absent: Councilmember Robert T. Holbrook (present during Closed Session) Councilmember Dennis Zane (present during Closed Session) Also Present: City Manager John Jalili city Attorney Robert M. Myers City Clerk Clarice E. Dykhouse CLOSED SESSION: At 6:16 P.M., Council adjourned to Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the City. No action was taken. At 7:57 P.M., Council reconvened with all members present. The regular meeting of the Santa Monica City council was called to order by Mayor Genser at 8:00 P.M. on Tuesday, May 26, 1992, in the Council Chambers. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: City Manager John Jalili city Attorney Robert M. Myers City Clerk Clarice E. Dykhouse Councilmember Vazquez led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. INSPIRATION: A moment of inspiration was provided by the West Coast Ensemble. 1 May 26, 1992 262 4-A: KID'S DAY: Mayor Genser presented a proclamation designating June 6, 1992, as "Kid's Day" in Santa Monica. Councilmember Olsen left the dais. I 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 Katz moved to approve the Consent Calendar, with the exception of Item Nos. 6-F, 6-H, 6-1, and 6-N, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Holbrook, Katz, Vazquez, Zane, Mayor Genser Absent: Councilmember Olsen Councilmember Olsen returned to the dais. 6-A: MINUTES APPROVAL: The city council minutes of April 21, April 30, and May 5, 1992, were approved as submitted, and the City Council minutes of April 28, 1992, were approved as amended. 6-B: SIDEWALKS/DRIVEWAYS/CURBS/PAVEMENT: Resolution No. 8403 (eCS ) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE I CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, CURBS AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREA (SR-92-182)," was adopted, thereby setting a pUblic hearing for July 14, 1992. 6-C: FINAL SUBDIVISION MAP/TRACT NO. 50612/TPC-147/1621-2- CENTINELA: Resolution No. 8404(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50612," was adopted, thereby approving a 10-unit tenant-participating conversion project at 1621-25 centinela. 6-0: LOS ANGELES COUNTY COORDINATED PARATRANSIT PLAN/AMERICANS WITH DISABILITIES ACT: Resolution No. 8405 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF THE LOS ANGELES COUNTY COORDINATED PARATRANSIT PLAN," was adopted, thereby allowing the City to meet the complementary paratransit provisions of the ADA in a coordinated manner while enhancing the level of paratransit service to the disabled community. 6-E: RESURFACE LOBBY AND RESTROOM FLOORS/MAIN ENTRANCE STAIRS/SANTA MONICA CIVIC AUDITORIUM: Contract No. 5839(CCS) was awarded to Corradini Corporation in the amount of $129,400 to resurface the lobby and restroom floors and main entrance stairs I at the Santa Monica Civic Auditorium. 2 May 26, 1992 263 I 6-G: CAB AND CHASSIS WITH REFUSE PACKER BODY: Bid No. 2396 was awarded to Ray Gaskin Service in the amount of $52,857.25 for one cab and chassis with refuse packer body for the Solid Waste Management Division, General services Department. 6-J: REAR LOADING REFUSE PACKER BODIES: Bid No. 2401 was awarded to Ray Gaskin Service in the amount of $58,445 for two rear loading refuse packer bodies for the Solid Waste Management Division, General Services Department. 6-K: REAR LOADING REFUSE PACKER BODY: The bid by Scranton Manufacturing was rejected and Bid No. 2402 was awarded to Ray Gaskin Service in the amount of $30,445.31 to furnish, deliver and mount one rear loading refuse packer body to a City-owned cab and chassis for the Solid Waste Management Division, General Services Department. 6-L: REAR LOADING REFUSE PACKER BODY: Bid No. 2403 for one rear loading refuse packer body for a City-owned cab and chassis was rejected. 6-M: GRANT APPLICATION/LOS ANGELES COUNTY AREA AGENCY ON AGING/MEAL SERVICES FOR THE ELDERLY: Resolution No. 8406 (CCS) entitled: itA RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES FOR ELDERLY PERSONS, It was adopted, thereby approving Contract No. 5840(CCS). I END OF CONSENT CALENDAR 6-F: STATEMENT OF OFFICIAL ACTION/APPEAL/FINAL EIR 90-007/DR 9l-006/REDUCED PARKING PERMIT 91-008/Z0NING ORDINANCE TEXT AMENDMENTS 91-006 AND 91-007/PIER DEVELOPMENT PROJECT: Presented for certification was a Statement of Official Action for the appeal of the approval of Final EIR 90-007, Development Review Permit 91-006, reduced parking permit 91-008, zoning Ordinance Text Amendments 91-006 and 91-007 for the pier Development Project. council asked questions of staff. Mayor Genser moved to approve the Statement of Official Action for the appeal of the approval of Final EIR 90-007, Development Review Permit 91-006, reduced parking permit 91-008, Zoning Ordinance Text Amendments 91-006 and 91-007 for the Pier Development Project, as amended. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Abdo, Mayor Genser Negative: Councilmembers Katz, Holbrook I Councilmember Katz requested that the record reflect that he voted It no It on this item to reflect his vote on the original motion. 3 May 26, 1992 264 councilmember Holbrook requested that the record reflect that he voted "no" on this item to reflect his vote on the original motion. 6-H: 3/4 TON CAB AND CHASSIS: Bid No. 2397 to Dew Par Sales & Services in the amount of $26,516.29 for one 3/4 ton cab and chassis for the Solid Waste Management Division, General Services Department was continued to the meeting of June 2, 1992. 6-I: CAB AND CHASSIS WITH SEWER RODDER TYPE BODY: Bid No. 2399 to SRECO-Flexible in the amount of $56,100.38 for one cab and chassis with sewer rodder type body for the Wastewater Division, General Services Department was continued to the meeting of June 2, 1992. 6-N: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 91-022/VTTM 50656/1017-1019 HILL STREET: The certification of statement of Official Action for the Appeal of Conditional Use Permit 91-022 and vesting Tentative Tract Map 50656 for the property located at 1017-1019 Hill street, was continued to the meeting of June 2, 1992. 7-A: APPEAL/CUP 91-04l/UPGRADE OF ALCOHOL LICENSE/625 MONTANA AVENUE: The appeal of Planning Commission approval of CUP 91- 041 for an upgrade from an existing Type 20, off-sale beer and wine alcohol license to a Type 21, off-sale general alcohol license for an existing retail wine sales establishment at 625 Montana Avenue was continued to the meeting of June 2, 1992. 7-B: APPEAL/CUP 92-006/VAR 92-010/0C 92-005/PRESCHOOL/1444 10TH STREET: Presented was the appeal of CUP 92-006, VAR 92-010, and OC 92-005 regarding the establishment of a 45-child preschool in the R3 (Medium Density Multiple Residential) District at 1444 lOth Street. Applicant: Cindy Wasson. Appellant: David Brown. Council asked questions of staff. Appellant David Brown spoke in support of the appeal and in opposition to the project. Council asked questions of Mr. Brown. Applicant Cindy Wasson spoke in opposition to the appeal and in support of the project. Council asked questions of Ms. Wasson. Members of the public Jennifer Polhemus and Paul Rosenstein spoke in support of the project and in opposition to the appeal. At 10: 15 P.M., Council adjourned for a short recess. reconvened at 10:35 P.M. with all members present. Members of the pUblic Barry Ungles and Mark Sadick spoke in support of the appeal and in opposition to the project. Members of the public Jack Whipple, Michael Lehmann, and Bill Teitler spoke in support of the project and in opposition to the appeal. Council Mayor Genser moved to continue Item No. 11-A and the "14" items. Second by Councilmember Zane. The motion was approved, Councilmember Katz opposed. 4 May 26, 1992 I I I I I I 265 Mayor Genser moved to extend the meeting to 1:00 A.M. Second by Councilmember Zane. The motion was approved, Councilmember Katz opposed. Members of the public Sherry Fogel, Joanne Leavitt, Irene Zivi, Stephen Alpert, Ellen Khokha, Jeffrey Wasson, and Barbara Barry spoke in support of the project and in opposition to the appeal. Members of the public Mindi Thelen, Hafdis Hildigunnamon, Jean Nelson, Carissa Drucker, Russell Good, and Cara Hoepner spoke in support of the appeal and in opposition to the project. Mayor Pro Tempore Abdo moved to hear a late speaker. Councilmember Olsen. The motion was unanimously Member of the Arts commission Bruria Finkel spoke in the project and in opposition to the appeal. Second by approved. support of Chris Harding, speaking on behalf of the applicant, presented a rebuttal. Council asked questions of Mr. Harding and Ms. Wasson. Appellant, David Brown, presented a rebuttal. Council asked questions of Mr. Brown. council asked questions of staff. Councilmember Zane moved to deny the appeal and uphold the Planning Commission's actions as amended by staff, with the additional amendments that the hours of operation shall be, within the internal operations of the facility, from 7:00 A.M. to 9:00 P.M., and in the exterior space the hours of operation shall be limited to the hours of 8:00 A.M. to 6:00 P.M., and that it be amended to state that the child care facility program will make scholarships available for students if independent resources for scholarships become available. Second by Mayor Pro Tempore Abdo. Discussion was held. Councilmember Vazquez moved to amend the motion to stipulate that the existing parking remain parking and not play space. The motion was accepted as friendly. Mayor Genser moved to only make the findings that this child care use is desirable to the public convenience and welfare, and if the Code is strictly applied it will result in the unreasonable deprivation of the use or enjoyment of the property. The motion was accepted as friendly. Mayor Genser moved to amend the motion that the condition with regard to the one-year review and study will result in the Planning Commission being able to make reasonable changes to the requirements if they are intended to remedy a demonstrated problem which is noted at that time. Second by Councilmember Olsen. Discussion was held. Mayor Genser withdrew his motion. Councilmember Zane moved to amend the motion to state that after the one-year review, the opportunity to adjust the hours of operation of the parent-toddler program and to limit the participation consistent with the demonstrated, viable needs for an effective program can be adjusted and the review is limited to these issues. Discussion was held. The motion was accepted as friendly. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Holbrook, Vazquez, Zane, Mayor Genser Negative: Councilmembers Katz, Olsen 5 May 26, 1992 266 councilmember Katz requested that the record reflect that he voted "no" on this item due solely to his objection to the lack of parking. Mayor Pro Tempore Abdo moved to hear Item Nos. 9-A, 9-B, 10-C, and 15. The motion was duly seconded and unanimously approved. Mayor Pro Tempore Abdo moved to extend the meeting to 1:15 A.M. The motion was duly seconded and unanimously approved. I 7-C: APPEAL/TOWNHOUSE MASSAGE/1447 SIXTH STREET: The appeal by owner and employee of Townhouse Massage, 1447 Sixth Street, from decision of Hearing Examiner revoking their permits due to illegal sexual acts at the massage parlor was continued to the meeting of June 2, 1992. a-A: CAMPAIGN AND ELECTION REFORM: The introduction and first reading amending Article Monica Municipal Code relating to campaign and was continued to the meeting of June 2, 1992. ordinance for XI of the Santa election reform 8-B: 1.991 UNIFORM TECHNICAL CODES: The ordinance for introduction and first reading adopting the 1991 Uniform Technical Codes and adopting the Santa Monica amendments to the 1991 Uniform Technical Codes was continued to the meeting of June 2, 1992. 8-C: PERMITTED ENCROACHMENT/SETBACKS: The emergency ordinance I for introduction and adoption relating to permitted encroachment into required unexcavated portions of required front and side yard setbacks was continued to the meeting of June 2, 1992. 8-D: DEVELOPMENT STANDARDS/OP-2: The emergency ordinance for introduction and adoption modifying the development standards in the OP-2 Zoning District on an interim basis to change the method for calculating height was continued to the meeting of June 2, 1992. 8-E: DEVELOPMENT STANDARDS/R2R: The emergency ordinance for introduction and adoption modifying the development standards in the R2R District on an interim basis to reduce the permitted height and require building entrances oriented to the street was continued to the meeting of June 2, 1992. Councilmember Katz was excused from the meeting. 9-A: FEES FOR DEPOSIT OF REFUSE: Presented was the staff report recommending adoption of a resolution setting the fees for deposit of refuse by licensed private haulers at the City IS transfer station from $38 per ton to $48 per ton. councilmember Holbrook moved to adopt Resolution No. 8407 (CCS) entitled: !fA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING THE FEE FOR DEPOSIT OF REFUSE BY LICENSED PRIVATE HAULERS I AT THE CITY I S TRANSFER STATION," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore 6 May 26, 1992 I I I 267 The motion was approved by the Abdo. Discussion was held. following vote: Council vote: Affirmative: councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser Absent: Councilmember Katz 9-B: FEES FOR FIRE DEPARTMENT PERMITS, INSPECTION AND PLAN REVIEW: Presented was the staff report recommending adoption of a resolution establishing fees for Fire Department permits, inspection, and plan review. Council asked questions of staff. Councilmember Zane moved to adopt Resolution No. 8408(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING FEES FOR FIRE DEPARTMENT PERMITS, INSPECTION AND PLAN REVIEW, II reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Zane, Vazquez, Olsen, Holbrook, Abdo, Mayor Genser Absent: councilmember Katz 9-C: FILMING FEES: The resolution revising filming fees and related charges was continued to the meeting of June 2, 1992. 9-0: OCEAN AVENUE OUTDOOR DINING STANDARDS: The recommendation to approve the Ocean Avenue Outdoor Dining Standards and authorization for the City Manager to negotiate and execute easement and license agreements with restaurant operators was continued to the meeting of June 2, 1992. 9-E: CLOSED SESSION: Not held. IO-A: STREET RESURFACING/PICO BOULEVARD: The public hearing for the confirmation of assessment of costs for street resurfacing on pico Boulevard from 20th street to 28th Street completed with the 1990-91 street Resurfacing Program was continued to the meeting of June 2, 1992. 10-B: SIDEWALKS/DRIVEWAYS/CURBS: The public hearing on assessment of costs to repair damaged sidewalks, driveways, curbs and the removal of damaged pavement in the parkway areas (SR-92- 181) was continued to the meeting of June 2, 1992. 10-C: PROPOSED STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS: Presented was the public hearing to hear public comment and to approve a resolution authorizing submission of the "Proposed Statement of Community Development Objectives and Proj ected Use of Fundsll to the U. S. Department of Housing and Urban Development. Mayor Genser declared the public hearing open at 1: 10 A.M. There being no one wishing to speak, Mayor Genser closed the public hearing. Mayor Pro Tempore Abdo moved to adopt Resolution No. 8409(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING COMMUNITY 7 May 26, 1992 268 DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR AUTHORIZING SUBMISSION OF CDBG STATEMENT OF 1992-93," reading by title only and waiving thereof. Second by Councilmember Vazquez. approved by the following vote: FY1992-93 AND OBJECTIVES FOR further reading The motion was I council vote: Affirmative: councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser Absent: Councilmember Katz II-A: TWILIGHT AND YEARNING: The recommendation to "Twilight and Yearning" by Manfred Mueller on the continued to the meeting of June 2, 1992. install pier was 11-B: FEES/USE OF FACILITIES AND PROGRAMS/CULTURAL AND RECREATION SERVICES DEPARTMENT: The resolution regarding revising fees for use of facilities and programs operated by the Cultural and Recreation Services Department was continued to the meeting of June 2, 1992. 14-A: CONSULTATION REPORT/INTERNAL AND EXTERNAL COMMUNICATIONS/CITY ATTORNEY'S OFFICE: The request of Councilmember Katz to discuss direction to the City Attorney to provide Councilmembers with copies of the consultation report prepared by Don Girard with regard to internal and external communications in the City Attorney's office was withdrawn at the request of Councilmember Katz. I 14-B: MASTER PLAN/PIER PLATFORM: The request of Councilmember Katz to discuss direction to the Pier Restoration corporation to prepare a Master Plan for the entire pier platform within a six-month timeframe beginning May 5, 1992, and to conduct public workshops and a hearing during that period, was continued to the meeting of June 2, 1992. 14-C: AMENDMENT TO ZONING CODE/NEWSSTANDS: The request of Mayor Genser to discuss initiating an amendment to the zoning code to allow for newsstands (the outside vending of periodicals) in commercial areas of the City, by discretionary permit, was continued to the meeting of June 2, 1992. 14-D: SBl141/FUNDING FOR BICYCLE PROJECTS: The request of Councilmember Zane to discuss support for Senate Bill 1141 (Killea) regarding funding for bicycle projects was continued to the meeting of June 2, 1992. 15: PUBLIC INPUT: Member of the public Art Casillas addressed Council regarding gang and drug problems. I 8 May 26, 1992 269 I ADJOURNMENT: At 1:15 A.M., the meeting was adjourned in memory of Lawrence Welk, Morgan McKenzie, David Merken, and Robert Moraga Morales, to June 2, 1992, at 6:00 P.M. ATTEST: //;~ Clarice E. Dy~~'e City Clerk APPROVED: ~ Ken Genser Mayor I I 9 May 26, 1992