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M-5/12/1992 252 CITY OF SANTA MONICA CITY COUNCIL MINUTES I 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. I 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. I 1 May 12, 1992 I I I 253 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 2 May 12, 1992 254 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 I 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 I Mayor Genser returned to the dais. 3 May 12, 1992 I I I 255 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 4 May 12, 1992 256 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. 5 May 12, 1992 I I I 257 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 6 May 12, 1992 258 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, 7 May 12, 1992 I I I 259 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 8 May 12, 1992 260 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 I 9 May 12, 1992