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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.
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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.
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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.
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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).
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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
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Councilmember Katz requested that the record reflect that he
voted It no It on this item to reflect his vote on the original
motion.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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:
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Clarice E. Dy~~'e
City Clerk
APPROVED:
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Ken Genser
Mayor
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May 26, 1992