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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
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MAY 12, 1992
A special meeting of the Santa Monica City Council was called to
order by Mayor Genser at 6:10 P.M. on Tuesday, May 12, 1992, in
the Council Chambers.
Roll Call: Present: Mayor Ken Genser
Mayor Pro Tempore Judy Abdo
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Absent: Councilmember Robert T. Holbrook
(arrived during Closed Session)
Councilmember Herbert Katz
(arrived during Closed Session)
Councilmember Kelly Olsen
(arrived during Closed Session)
CLOSED SESSION: At 6:11 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 taken.
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At 7:45 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 7:47 P.M. on Tuesday, May 12, 1992,
in the Council Chambers.
Councilmember Vazquez moved to add emergency Item No. 14-E to the
agenda. Second by Mayor Pro Tempore Abdo. The motion was
unanimously approved.
Mayor Pro Tempore Abdo moved to hear Item Nos. 8-A and 8-B
separately. Second by Councilmember Katz. The motion was
unanimously approved.
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 Zane led the assemblage in the Pledge of Allegiance
to the Flag of the United states of America.
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4-A: PROCLAMATION/PRESERVATION WEEK 1992: Representatives of
the Santa Monica Preservation Alliance presented a resolution to
the City of Santa Monica commending them on the revision of its
landmarks ordinance. Mayor Genser presented a proclamation
declaring the week of May 11, 1992, IIpreservation Week 1992.11
4-B: CERTIFICATE OF SPECIAL RECOGNITION/SANTA MONICA FIRE
DEPARTMENT SUPPORT SERVICES DIVISION: Evelyn Guiterrez,
President of the Los Angeles Chapter of the Public Employees
Roundtable, presented a certificate of Special Recognition to the
Santa Monica Fire Department Support Services Division for their
outstanding contribution to public service excellence.
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. Mayor Pro
Tempore Abdo moved to approve the Consent Calendar, with the
exception of Item No. 6-0, reading resolutions and ordinances by
title only and waiving further reading thereof. Second by
Councilmember Holbrook. The motion was approved by the following
vote:
council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The City Council minutes of April 14,
1992, were approved as submitted.
6-B: DISABLED PARKING ZONES: Resolution No. 8401(CCS) entitled:
II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING DISABLED PARKING ZONES ADJACENT TO 1221 FRANKLIN
STREET, 125 PACIFIC STREET, 1547 STANFORD STREET AND 621 BAY
STREET," was adopted.
6-C: RECYCLED RUBBER COATING/MUNICIPAL POOL: Contract No.
5837(CCS) was awarded to Lotz Industries, Inc. in the amount of
$32,850 for the placement of recycled rubber coating on a portion
of the deck at the Municipal Pool at Santa Monica College.
6-E: METAL REFUSE CONTAINERS: Bid No. 2407 was awarded to
Consolidated Fabricators Corp. in the amount of $20,475.49 for
metal refuse containers for the Solid Waste Management Division,
General Services Department.
6-F: BUTTERFLY VALVES: Bid No. 2408 was awarded to Valve
systems & Controls in the amount of $18,050.69 for butterfly
valves with electric motor operators for the Water Division,
General Services Department.
END OF CONSENT CALENDAR
6-D: STATEMENT OF OFFICIAL ACTION/APPEAL/TPC 190/TTM 50953/1133
15TH STREET: Presented was the staff report transmitting for
City Council certification the Statement of Official Action for
appeal of Tenant-Participating Conversion 190, Tentative Tract
Map 50953, 1133 15th Street. Mayor Genser moved to approve the
Statement of Official Action which contains findings for denial
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without prejudice of Tenant-participating Conversion 190 and
Tentative Tract Map 50953. Second by Mayor Pro Tempore Abdo.
The motion was approved by the following vote:
council vote: Affirmative: councilmembers Abdo, Olsen,
Vazquez, Zane, Mayor Genser
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Negative: councilmembers Holbrook, Katz
7-A: APPEAL/CUP 91-04l/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.
a-A: INTERIM ORDINANCE/DEVELOPMENT STANDARDS: Presented was 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 of calculating height. At 8:05 P.M.,
Mayor Genser declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. Mayor Genser closed
the public hearing at 8:06 P.M. Mayor Pro Tempore Abdo moved to
introduce and adopt Ordinance No. 1623 (CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING THE DEVELOPMENT STANDARDS IN THE OP-2 ZONING DISTRICT
ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY,"
reading by title only and waiving further reading thereof. I
Second by Councilmernber Katz. The motion was approved by the
following vote:
council vote: Unanimously approved 7-0
8-B: INTERIM ORDINANCE/DEVELOPMENT STANDARDS: Mayor Genser
declared a possible conflict of interest and excused himself from
the meeting. Presented was an 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. At
8:08 P.M., Mayor Pro Tempore Abdo declared the public hearing
open. There being no one wishing to speak, Mayor Pro Tempore
Abdo closed the public hearing. councilmember Zane moved to
introduce and adopt Ordinance No. l624(CCS) entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING THE DEVELOPMENT STANDARDS IN THE R2R DISTRICT ON AN
INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY,"
reading by title only and waiving further reading thereof.
Second by Councilmember Olsen. The motion was approved by the
following vote:
council vote: Affirmative: councilmembers Zane, Vazquez, Olsen,
Katz, Holbrook, Abdo
Absent: Mayor Genser
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Mayor Genser returned to the dais.
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8-C: STANDARDS FOR LIGHTING: Presented was an ordinance for
adoption and second reading amending Santa Monica Municipal Code
section 9040.27 regarding standards for lighting on the Pier.
Councilmember Zane moved to adopt Ordinance No. l625(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9040.27
REGARDING STANDARDS FOR LIGHTING, II reading by title only and
waiving further reading thereof. Second by Councilmember
Holbrook. The motion was approved by the following vote:
council vote: Affirmative: councilmembers Abdo, Holbrook, Katz,
Vazquez, Zane, Mayor Genser
Negative: Councilmember Olsen
8-D: PROPERTY DEVELOPMENT STANDARDS/RVC DISTRICT: Presented was
an ordinance for adoption and second reading amending Santa
Monica Municipal Code section 9015.6 regarding property
development standards in the RVC District on the Pier.
Councilmember Zane moved to adopt Ordinance No. l626(CCS)
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9015.6
REGARDING PROPERTY DEVELOPMENT STANDARDS IN THE RVC DISTRICT,"
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, Abdo, Mayor Genser
Negative: Councilmembers Katz, Holbrook
8-E: PERMITTED ENCROACHMENT/SETBACKS: Presented was an
emergency ordinance for introduction and adoption relating to
permitted encroachment into required unexcavated portions of
required front and side yard setbacks. Council asked questions
of staff. At 8:13 P.M., Mayor Genser declared the public hearing
open. There being no one wishing to speak, Mayor Genser closed
the public hearing. Councilmember Katz moved to introduce and
adopt Ordinance No. 1627 (CCS) entitled: lIAN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF REQUIRED FRONT
AND SIDE YARD SETBACKS AND DECLARING THE PRESENCE OF AN
EMERGENCY," reading by t i tl e only and wa i v ing further reading
thereof. Second by Councilmember Holbrook. Mayor Genser moved
that when the permanent ordinance returns to Council that it
include a provision applying to narrow lots. The amendment was
accepted as friendly. The motion was approved by the following
vote:
council vote: Unanimously approved 7-0
9-A: NEIGHBORHOOD TRAFFIC PLANS: Presented was the staff
recommendation regarding the development and implementation of
neighborhood traffic plans. Discussion was held regarding
possible conflicts of interest by Councilmembers Abdo, Katz and
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Holbrook due to the proximity of their homes to the proposed
traffic plans. The City Attorney clarified the rules of conflict
of interest. Councilmembers Abdo, Katz and Holbrook agreed to I
participate in the discussion. council asked questions of staff.
Councilmember Katz moved to overrule the Chair and read a press
release by Los Angeles city Councilmember Ruth Gallanter. Second
by Councilmember Holbrook. The motion failed. Discussion was
held. Mayor Pro Tempore Abdo moved to hear Los Angeles city
councilmember Gallanter, who was present in the audience. Second
by Councilmember Katz. The motion was unanimously approved.
Councilmember Gallanter expressed her view in opposition to the
closure or diversion of 23rd street to mitigate traffic problems.
council asked questions of Councilmember Gallanter. Member of
the pUblic Kathleen Richards spoke in opposition to the closure
of 23rd street and in support of the parallel plan. Member of
the public Jack Fry spoke in support of solving the problem being
experienced with traffic on 23rd street. Member of the Planning
commission Jennifer Polhemus urged Council to take a proactive
stance toward maintaining the quality of life for residents.
Member of the publ ic Greg Thomas spoke in opposition to the
closure of 23rd street. Member of the public Harlow Sharp spoke
in support of the Neighborhood Protection Plan and the Enclave
Plan. Members of the publ ic Web Hicks, Peter Donald, John
Krimmel, Anita Anderson, Ping Ho, Lian Bloch, Russ Shaver, Gary
Ur, Jamal Abedi, and Mary Olah spoke in support of the
Neighborhood Traffic Protection Plan. Member of the public Linda
Shaver spoke in support of mitigation measures. Member of the
public Kathleen Schwallie spoke in support of the Task Force and I
Enclave Plans.
At 10:07 P.M., council adjourned for a short recess.
reconvened at 10:25 P.M. with all members present.
Council
Members of the public Leota Flaten, Ornah Becker, Aaron
McKiernan, Ruth Pyle, Anita Walker, and Emmalie Hodgin spoke in
support of the Neighborhood Traffic Protection Plan. Member of
the public Greg Arvesen encouraged Council to redesignate
Cloverfield Boulevard and 23rd street as II feeder" streets and
also encouraged enforcement of speed limits on Cloverfield
Boulevard. Member of the pUblic steve Doubet encouraged the
enforcement of speed limits on Dewey street and spoke in
opposition to the closure of 23rd street. Member of the public
Susanne Cline discussed traffic diversion plans used by the
Cities of Manhattan Beach and Hermosa Beach. Member of the
public Marc Robbins encouraged Council to reclassify Cloverfield
Boulevard and 23rd Street as II feeder" streets and spoke in
support of the Neighborhood Traffic Protection Plan. Member of
the public Jane Dempsey spoke in support of the Task Force and
Enclave Plans. Member of the publ ic Barbara Brown spoke in
support of the Enclave Plan.
Mayor Pro Tempore Abdo moved to extend the meeting to 12:30 A.M.
Second by Councilmember Katz. The motion was unanimously I
approved.
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Member of the public Brian Ozonian spoke in support of the
Parallel Plan and implementation of mitigation measures
immediately, measuring the result one year later, and at that
time if the trip count is reduced to a "feeder" street
specification then continue efforts to close 23rd street. Member
of the public John Kaufman spoke in opposition to the Enclave
Plan. Member of the public steve strate spoke in support of the
Parallel Plan. Members of the public David Wood and Susan
Purcell spoke in support of the Enclave Plan. Members of the
public Dale Fulkerson, Veronica Pinckard, and George Hickey spoke
in support of the Neighborhood Traffic Protection Plan. Member
of the public Michael Hecht expressed his concerns. Member of
the public Eileen Hecht spoke in opposition to the proposed plan.
Member of the public Jerry Greenwalt spoke in opposition to the
closure of 23rd street. Members of the public Susan Davidson and
Zina Josephs spoke in support of traffic mitigation measures.
Members of the public Fred Grossblatt and Jennifer Grossblatt
spoke in support of the closure of 23rd street at Airport or,
secondarily, the enclosure of Sunset Park by various traffic
barriers. Member of the public Edward Fidelman spoke in
opposition to the closure of 23rd Street and in support of the
enforcement of traffic laws. Member of the public Regula ziegler
spoke in support of the Task Force recommendations.
Councilmember Katz moved to extend the meeting to l: 00 A. M.
Second by Mayor Genser. The motion was unanimously approved.
Members of the public Sharon Baldoni and Eric siss spoke in
support of the Neighborhood Traffic Protection Plan. Members of
the public Paul Rosenstein and Merritt Coleman spoke in support
of the Mid-Cities traffic mitigation plan. Member of the public
Bill Mellick spoke in opposition to the closure of 23rd street.
Member of the public Charlie Martin spoke in support of the
closure of 23rd Street. Member of the pUblic Michael Brourman
spoke in opposition to the Mid-Cities traffic mitigation plan.
Councilmember Katz moved to allow Eric Chen to speak for three
minutes at this time and relinquish his time requested as a "1311
item. Second by Mayor Genser. The motion was unanimously
approved. Member of the public Eric Chen spoke in support of
either the Task Force recommendation or the Enclave Plan. Member
of the pUblic Jean Gebman spoke in support of the reduction of
speed and traffic on 23rd Street.
Councilmember Katz moved to extend the meeting to 1:30 A.M.
Second by Councilmember Olsen. The motion was approved, two
councilmembers opposed.
Council asked questions of staff. Councilmember Katz moved to
direct staff to begin the EIR process utilizing the Task Force
plan, studying the potential closure of 23rd street, and using
the other plans as alternates, plus dovetailing the results with
what is determined to be necessary in the ErR in order to
coordinate with what would happen traffic-wise in the Pico
neighborhood and Mid-cities; direct staff to move ahead with
public input as quickly as possible (October, if possible);
investigate the possibility of changing 28th street from a truck
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route. councilmember Zane stated he would second the motion if
the motion is amended to use the alternative closure plan to
study the Enclave Plan (inclusive of culdesacing along 23rd I
street) as the preferred plan and the closure of 23rd street be
reviewed as the alternative plan. The amendment was accepted by
the maker of the motion. Discussion was held. Councilmember Katz
moved to amend the motion to open the dialogue with the city of
Los Angeles for resolution. The amendment was accepted as
friendly. Discussion was held. Mayor Genser moved to amend the
motion to include a pUblic scoping meeting for the EIR as part of
the plan. The amendment was accepted as friendly. Mayor Genser
moved to amend the motion to request that more detailed analyses
be provided prior to the preparation to the EIR in terms of the
cost of construction of the proposed road to the airport. The
amendment was accepted as friendly. Discussion was held. Mayor
Genser suggested including an amendment with regard to the
Mid-City area. Discussion continued. Councilmember Zane moved
to amend the motion that the plan as submitted be the preferred
option with respect to the EIR process and that the EIR process
give attention to the complaints that the west of 26th street
streets may have impacts that must be examined and addressed as
well as other streets within the east of 26th street area. The
amendment was accepted as friendly. councilmember Zane moved to
amend the motion to direct staff to examine as mitigation
measures strategies to slow traffic in the Walgrovej23rd street
corridor and include this in dialogue with Los Angeles as well
and treat it as a mitigation effort. Discussion was held.
Councilmember Katz moved to amend the motion to direct staff to I
investigate the possibility of closing Pearl Street at the
college with the concept that there must be access both to the
houses and existing parking. The maker of the second accepted
the amendment. Discussion was held. Councilmember Vazquez moved
to direct staff to study alternatives and the issue of signage in
the ErR as opposed to proposed culdesacs. The motion was
accepted as friendly. Discussion was held. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
9-B: PICTURES FOR COMMERCIAL PURPOSES/FILMING FEES: The
resolution pertaining to pictures for commercial purposes and
setting filming fees and related charges was withdrawn at the
request of staff.
g-c: SETTING FEES FOR DEPOSIT OF REFUSE: The resolution setting
the fees for deposit of refuse by licensed private haulers at the
City's transfer station from $38 per ton to $48 per ton was
continued to the meeting of May 26, 1992.
9-0: CLOSED SESSION: Held after Item No. lO-A.
lO-A: GUTTER CONSTRUCTION/STREET RESURFACING/REPAIR DAMAGED
SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED PAVEMENT IN I
PARKWAYS: Presented was the public hearing for the confirmation
of assessment of costs for gutter construction, street
resurfacing, repair of damaged sidewalks, driveways and curbs,
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and the removal of damaged pavement in parkway areas on various
city streets in conjunction with the FY 1991-92 street
resurfacing program. At 1: 28 A.M., Mayor Genser declared the
pUblic hearing open. There being no one wishing to speak, Mayor
Genser closed the public hearing. Resolution No. 8402(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS, STREET
RESURFACING, SIDEWALK, DRIVEWAY AND CURB REPAIRS AND THE REMOVAL
OF DAMAGED PAVEMENT IN PARKWAY AREAS AND APPURTENANT WORK ON
VARIOUS CITY STREETS, IN CONJUNCTION WITH THE FY 1991-92 STREET
RESURFACING PROGRAM, II was adopted, reading by title only and
waiving further reading thereof, on the motion of Councilmember
Katz, seconded by Councilmember Holbrook, and approved by the
following vote:
Council vote: Unanimously approved 7-0
Mayor Genser moved to extend the meeting 15 minutes, to hold the
Closed Session, and continue Item No. 9-C and the t'14" items to
the next meeting. Second by councilmember Olsen. Councilmember
Zane moved to amend the motion and hear Item No. l4-A. The
amendment was accepted as friendly. The motion failed,
Councilmembers Abdo, Holbrook, Katz, and Vazquez opposed.
Councilmember Abdo moved to extend the meeting for 10 minutes to
hold the Closed Session. Second by Councilmember Katz. The
motion was unanimously approved.
9-0: CLOSED SESSION: At 1:30 A.M., Council adjourned to Closed
Session for the purpose of discussing the following cases:
stewart v. City of Santa Monica, et al., Santa Monica Superior
Court Case No. se 000 267 and Ex v. City of Santa Monica, et al.,
Santa Monica Superior Court Case No. WEC 145 080.
At 1:40 A.M., Council reconvened with all members present.
Councilmember Zane moved to approve and appropriate settlement in
the following cases: stewart v. City of Santa Monica, et al.,
the sum of $70,000, and Ex v. city of Santa Monica, et al., the
sum of $35,000. Second by Councilmember Vazquez. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
Councilmembers Abdo, Katz and Vazquez were excused from the
meeting.
13-A: TRAFFIC/SUNSET PARK/PEARL STREET: The request of Barbara
Brown, Russ Shaver, Eric Chen, and J. Timothy Murphy to address
Council regarding traffic in Sunset Park and on Pearl Street was
considered with Item No.9-A.
14-A: LETTERS OF RESIGNATION/MARY PATRICIA DOUGHERTY/WAYNE
WILSON: Councilmember Zane moved to accept with regrets the
letters of resignation from Mary Patricia Dougherty from the Arts
Commission and Wayne Wilson from the Pier Restoration Corporation
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Board of Directors, and authorize the City Clerk to publish
Notices of Vacancy. Second by Councilmember Holbrook. The
motion was unanimously approved, councilmembers Abdo, Katz and I
Vazquez absent.
14-B: 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 wi th regard to internal and external
communications in the city Attorney's office was continued to the
meeting of May 26, 1992.
14-C: 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 wi thin 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 May 26, 1992.
14-0: NEWSSTANDS IN COMMERCIAL AREAS: 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 May 26, 1992.
14-E: NALEO CONFERENCE: Councilmember Zane moved to approve
travel funds for any councilmember to attend the NALEO Conference I
in Santa Fe, New Mexico, on June 18, 19, and 20, 1992. Second by
Mayor Genser. The motion was approved by the following vote:
Council vote: Affirmative: councilmembers zane, Olsen,
Holbrook, Mayor Genser
Absent: Councilmembers Vazquez, Katz, Abdo
15: PUBLIC INPUT: Member of the pUblic Beloved Quail expressed
his concerns. Member of the public Art Casillas reported on drug
and gang problems in Pico Neighborhood.
ADJOURNMENT: At 1:44 A.M., the meeting was adjourned to May 26,
1992.
-~o~
C arice E. Dy~~e
City Clerk
APPROVED:
~r
Mayor
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May 12, 1992