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M-10/8/1991 I I I 77 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 8, 1991 A regular meeting of the Santa Monica City Council was called to order by Mayor Abdo at 7:40 P.M. on Tuesday, October 8, 1991, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser 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. 4-A: PRESENTATION/CITYTV: Mayor Abdo presented a commendation to the staff of CityTV for excellence in innovative local programming. 4-B: PROCLAMATION/SANTA MONICA CONSUMERS I WEEK: Mayor Abdo presented a proclamation declaring the week of October 20 - 26, 1991, as "Santa Monica Consumers' Week.1I At 7:45 P.M., a Housing Authority Special Meeting was convened. Housing Authority Roll Call: Present: Chair Judy Abdo Chair Pro Tempore Ken Genser Authority Member Robert T. Holbrook Authority Member Herbert Katz Authority Member Kelly Olsen Authority Member Antonio Vazquez Authority Member Dennis Zane Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Dykhouse HA-I: MINUTES APPROVAL: Chair Pro Tempore Genser moved to approve the Housing Authority minutes of August 6, 1991, as presented. Second by Authority Member Olsen. The motion was unanimously approved. HA-2: ANNUAL CONTRIBUTION CONTRACT: Presented was the staff report recommending adoption of a resolution authorizing the 1 october 8, 1991 78 Executive Director of the Housing Authority to execute the Annual contribution Contract. Authority Members asked questions of staff. Discussion was held. contract No. 5775(HAS) was approved I and Resolution No. 48 (HAS) entitled: itA RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE ANNUAL CONTRIBUTION CONTRACTS FOR TWENTY-ONE SECTION 8 CERTIFICATES AND TWENTY-ONE SECTION 8 VOUCHERS," was adopted, reading by title only and waiving further reading thereof, on the motion of Authority Member Zane, seconded by Authority Member Vazquez, and carried as follows: Housing Authority Vote: Affirmative: Authority Members Genser, Katz, Olsen, Vazquez, Zane, Chair Abdo Abstain: Authority Member Holbrook At 7:51 P.M., the Special Housing Authority Meeting was adjourned and the City Council Meeting was reconvened with all members present. councilmember Katz moved to add Item No. 14-0 to the agenda. Second by councilmerober Holbrook. Discussion was held. The motion was unanimously approved. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion I unless removed from the calendar for discussion. Councilmember Olsen moved to approve the Consent Calendar, with the exception of Item Nos. 6-F, 6-G, 6-H, 6-J I 6-P, 6-Q, and 6-R, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City council minutes of September 24, and September 30, 1991, were approved as submitted. 6-B: SEWER SERVICE CHARGES: Ordinance No. 1602(CCS) entitled: It AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 7137, 7143A, 7143B, 7143C, AND 7143D OF THE SANTA MONICA MUNICIPAL CODE RELATING TO SEWER SERVICE CHARGES I " was adopted. 6-C: UNDERGROUND UTILITY DISTRICT/OLYMPIC BOULEVARD/l4TH STREET: Resolution No. 8299 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESS ITY , HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON OLYMPIC BOULEVARD FROM 5TH STREET TO 11TH STREET AND FOURTEENTH STREET FROM OCEAN PARK BOULEVARD TO PEARL STREET," was adopted, I thereby setting a public hearing for October 29, 1991, at 7:30 P.M. 2 october 8, 1991 I I I 79 6-D: WAIVER OF CERTIFICATE OF APPROPRIATENESS & PLANNING FEES/LANDMARKS AND STRUCTURE~: Resolution No. 8300(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO WAIVE CERTIFICATE OF APPROPRIATENESS AND ADMINISTRATIVE PLANNING FEES FOR DESIGNATED LANDMARKS AND CONTRIBUTING STRUCTURES WITHIN DESIGNATED HISTORIC DISTRICTS," was adopted. 6-E: LOAN AGREEMENT/LOS ANGELES COUNTY TRANSPORTATION COMMISSION: Contract No. 5768 (CCS) was approved thereby authorizing the City Manager to negotiate and execute an agreement for a period not to exceed five years to loan the Los Angeles County Transportation Commission up to $7 million in Proposi tion A discretionary funds currently being held by the LACTC for the Santa Monica Municipal Bus Lines. 6-1: STATEMENT OF OFFICIAL ACTION/APPEAL/TPC 162/VTTM 50717/848 PACIFIC STREET: The statement of Official Action containing findings and conditions of approval of Tenant Participating conversion 162 was approved. 6-K: MISCELLANEOUS TRASH BIN PARTS: Bid No. 2363 was awarded to Consolidated Fabricators Corporation, at specified unit prices, plus applicable sales tax. 6-L: SECURITY SERVICES/612 COLORADO AVENUE: Bid No. 2367 was awarded to Sentinel Guard Systems at $4,455 per month to provide security services for the City'S facility at 612 Colorado. 6-M: CIVIL ENGINEER AND ARCHITECT: Resolution No. 8301(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR THE CLASSIFICATIONS OF CIVIL ENGINEER AND ARCHITECT," was adopted. 6-N: PHYSICALLY HANDICAPPED PARKING ZONES/1431 OCEAN AVENUE: Resolution No. 8302 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING TWO PHYSICALLY HANDICAPPED PARKING ZONES ADJACENT TO 1431 OCEAN AVENUE, II was adopted. 6-0: AID TO CITIES GAS TAX FUND ALLOCATION: $111,638 was appropriated and Resolution No. 8303 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS TO BE USED IN ACCORDANCE WITH THE GUIDELINES FOR SAID FUNDS,II was adopted. 6-S: RESCHEDULE COUNCIL MEETING: The regular meeting of the city Council scheduled for October 22, 1991, was cancelled due to lack of a quorum and will be held on October 29, 1991. END OF CONSENT CALENDAR 6-F: RUNWAY IMPROVEMENTS: Presented was the recommendation to authorize the City Manager to negotiate and execute a professional services agreement with Hodges & Shutt for design of 3 october 8, 1991 80 runway improvements at Santa Monica Airport. Member of the public Joy Fullmer expressed her concerns. Council asked questions of staff. Councilmember Zane moved to approve Contract I No. 5769 (CCS) with Hodges & Shutt for engineering and construction inspection services for the runway improvements at Santa Monica Airport. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-G: PEDESTRIAN SIGNAL/MAIN STREET: Presented was the recommendation to award a contract to Steiny and Company, Inc. in the amount of $40,000 for the installation of a new midblock pedestrian signal on Main Street between Hollister Avenue and Ocean Park Boulevard. Member of the public Jesse Small spoke in opposition to the proposal. Discussion was held. Councilmember Zane moved to approve Contract No. 5770(CCS) to install a midblock pedestrian signal on Main street between Hollister Avenue and Ocean Park Boulevard to steiny and Company, Inc., in the amount of $40,000 and authorize the City Park and Traffic Engineer to issue any change orders necessary to complete additional work. Second by councilmember Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 6-H: MODIFICATION OF TRAFFIC SIGNALS/23RD & PICO/CLOVERFIELD & PICO: Presented was a recommendation to award a contract to Paul I Gardner Corporation in the amount of $143,307 for the modification of existing traffic signals at the intersections of 23rd street and Pico Boulevard, and Cloverfield Boulevard and pico Boulevard. Council asked questions of staff. Member of the public Jesse Small spoke in opposition to the proposal. councilmember Katz moved to approve Contract No. 5771 (CCS) to install traffic signals at the intersections of 23rd Street and Pico Boulevard and Cloverfield Boulevard and pi co Boulevard to the Paul Gardner Corporation, in the amount of $143 I 307, and authorize the City Parking and Traffic Engineer to issue any change orders necessary to complete additional work. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-J: KIDS CITY YOUTH LEADERSHIP CENTER: Presented was the staff report recommending authorization for the city Manager to designate Parking structure 2 as the site for the Kids City Youth Leadership Center, and negotiate and execute a contract with Carde Ten Architects for architectural and engineering services to design the Kids City Youth Leadership Center in an amount not to exceed $73,000. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Discussion was held. Councilmember Zane moved to authorize the City Manager to I designate Parking structure 2 as the site for the Rids City Youth Leadership Center, and approve Contract No. 5772(CCS) with Carde Ten Architects for architectural and engineering services to 4 October 8, 1991 I I I 81 design the Kids city Youth Leadership Center in an amount not to exceed $73,000. Second by Mayor Pro Tempore Genser. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-P: INTERIM FINANCING/GARCIA APARTMENTS: Presented was a request for authorization to provide additional three-month interim financing for a 30-unit new construction affordable housing project. Council asked questions of staff. Members of the public Doris Ganga and Geraldine Moyle spoke in support of the proposal. Member of the public Art Casillas expressed his concerns. Councilmember Katz moved to approve an additional bridge loan not to exceed three months to the developer, Community Corporation of Santa Monica, in an amount not to exceed $425,000 I based upon the terms and conditions outlined in the staff report. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-Q: RESTORATION/BILLIARD BUILDING/SANTA MONICA PIER: Presented was a recommendation to award a contract to Unique Builders in the amount of $604,250 for the restoration of the Billiard Building on the Santa Monica Pier. Member of the public Joy Fullmer expressed her concerns. Council asked questions of staff. Discussion was held. Councilmember Zane moved to approved Contract No. 5773 (CCS) for the restoration of the Billiard Building on the Santa Monica Pier to Unique Builders, in the amount of $604,250. Second by councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-R: YOUTH CENTER/POLICE ACTIVITIES LEAGUE: Presented was a recommendation to award a contract to DTEC Construction in the amount of $860,000.00 to build a youth center for the Santa Monica Police Activities League. Member of the public Joy Fullmer expressed her concerns. Member of the public Kathleen Schwallie spoke in support of the proposal. Council asked questions of staff. Discussion was held. Councilmember Zane moved to move $184,672 from Asset Forfeitures to the General Fund, appropriate $184,672 to the new General Fund CIP account, award Contract No. 5774(CCS), a design-build construction contract for Santa Monica Police Activities League activities center, to DTEC Construction, Inc., in the amount of $860,000, and authorize the City Engineer to issue any necessary change orders. Second by Councilmember Olsen. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-A: APPEAL/TPC 150/2021 CLOVERFIELD BOULEVARD: Presented was the appeal of a Planning Commiss ion denial of Tenant Participating conversion 150 to allow the conversion of an eight unit apartment building to condominiums at 2021 Cloverfield 5 October 8, 1991 82 Boulevard. Applicant/Appellant: Sunisa Pongputmong. Applicant/Appellant Sunisa Pongputmong spoke in support of the appeal and the project. Council asked questions of the I Applicant/Appellant. Member of the public James Jacobsen, representing the applicant/appellant, spoke in support of the appeal and the project. Council asked questions of Mr. Jacobsen. Mayor Pro Tempore Genser moved to refer this item to a hearing examiner for determination of fraud or coercion and return to council with a transcript of the hearings. Second by councilmember Katz. Discussion was held. Mayor Pro Tempore Genser moved to amend his motion to a continuation of this item to the meeting of December 10, 1991. The amendment was accepted as friendly. council asked questions of staff. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Holbrook, Katz, Olsen, Mayor Abdo Negative: Councilmembers Vazquez, Zane Councilmember Vazquez requested that the record reflect that he voted "no" on this item as he believes that it will set a precedent. councilmember Zane requested that the record reflect that he voted IIno" on this item because he believes that it is clear that the burden of proof on the property owner has not been established, that this was a knowing, willful participation by I all tenants concerned and he feels that this means it should be denied. At 9:55 P.M., Council adjourned for a short recess. reconvened at 10:20 P.M. with all members present. council Councilmember Katz moved to continue Item Nos. 9-D and 10-C to the meeting of October 15, 1991, as study Sessions, and continue Item Nos. 9-C and l4-D to the meeting of October l5, 1991. Second by Councilmember Vazquez. The motion was unanimously approved. 8 -A: PREFERENTIAL PARKING ZONE L: Presented was an ordinance for second reading and adoption amending Santa Monica Municipal Code Section 3238L to expand Preferential Parking Zone L around Santa Monica College. Councilmember Katz moved to adopt Ordinance No. 1603 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3238L TO EXPAND PREFERENTIAL PARKING ZONE L," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 I 9-A: REVISED WASTEWATER RATE STRUCTURE/INCREASE IN CONNECTION FEES: Presented was the staff report recommending adoption of a resolution revising the wastewater service charge and the 6 October 8, 1991 I I I 83 wastewater (sewer) connection fees, and revision of the appropriate revenue budget to reflect the additional sewer service charge. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo moved to revise the appropriate revenue budgets and adopt Resolution No. 8304 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING A SEWER SERVICE CHARGE AND A SEWER CONNECTION FEE," reading 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 9-B: ZONING ORDINANCE AMENDMENTS/PERMIT TERMS AND EXTENSIONS: Presented was the staff report recommending direction to the city Attorney to prepare Zoning ordinance text amendments and a Resolution of Intention for the consideration of the Planning Commission regarding permit terms and extensions. Council asked questions of staff. Mayor Pro Tempore Genser moved to extend the meeting to 12: 00 Midnight. Second by Councilmember Katz. The motion was unanimously approved. Member of the public Stephen Alpert spoke in opposition to time extensions being granted by anyone other than an official who is accountable to the public. Discussion was held. Mayor Pro Tempore Genser moved to direct the City Attorney to prepare zoning Ordinance text amendments and a Resolution of Intention for the consideration of the Planning Commission including, from the staff report as follows: 1) paragraph 1 with an amendment to change eighteen months to fifteen months; 2) paragraph 2 as is; 3) paragraph 3 as is; 4) paragraph 4 as is; 5) eliminate paragraph 5; 6) paragraph 6 as is in substance, but with the addition that there should also be a standard to verify that the permit will lapse if there is not diligent progress in the exercise of the rights of the building permit; and, 7) paragraph 7 as is. Second by Mayor Abdo with the understanding that an option be included for permit extensions for unforeseen circumstances. Further discussion followed with Mayor Abdo withdrawing her second. Motion was seconded by Councilmember Olsen. Councilmember Katz moved a substitute motion to direct the City Attorney to prepare Zoning Ordinance text amendments and a Resolution of Intention for the consideration of the Planning commission including, from the staff report as follows: 1) paragraph 1 as is; 2) paragraph 2 as is; 3) paragraph 3 as is; 4) paragraph 4 leave time period blank and elicit input from the Planning commission and public testimony to determine a reasonable time period; 5) same as 4, above, and determine what items, if any, need to be defined for discretionary permits; 6) paragraph 6 as is. Second by Councilmember Holbrook. Discussion was held. Councilmember Katz withdrew his motion. Councilmember Zane moved to amend the motion with respect to item number 5 of Mayor Pro Tempore Genser's motion that consideration be given to any discussion of the implications whether discretionary approvals by the discretionary public body might be granted for a one-time six-month extension if there has been no change in the zoning standards nor in the process initiated which might change those standards with respect to the subject property. Second by 7 October 8, 1991 84 councilmember Holbrook. Discussion was held. The amendment was approved by the following vote: council vote: Affirmative: Councilmembers Holbrook, Katz, Vazquez, Zane, Mayor Abdo I Negative: Councilmembers Genser, Olsen The main motion, including the amendment, was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Vazquez, Zane, Mayor Abdo Negative: Councilmembers Genser, Olsen 9-C: LOCAL COASTAL PROGRAM: The resolution adopting the Local Coastal Program and transmitting the Local Coastal Program to the California Coastal commission was continued to the meeting of October 15, 1991. 9-D: ELECTION AND CAMPAIGN FINANCING REFORMS: The discussion regarding election and campaign financing reforms was continued, as a study Session item, to the meeting of October l5, 1991. 9-E: CLOSED SESSION: Held at end of meeting. 10-A: STREETLIGHTING DISTRICT/SIXTH STREET: Presented was the I public hearing on a proposed streetlighting district on sixth Street between Santa Monica Boulevard and Arizona Avenue. At 11:55 P.M., Mayor Abdo opened the public hearing. There being no one wishing to speak, Mayor Abdo closed the public hearing. Councilmember Olsen moved to adopt Resolution No. 8305(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES THE CONSTRUCTION OF STREET LIGHTING AND APPURTENANT WORK AND ORDERS WORK TO BEGIN ON SIXTH STREET BETWEEN SANTA MONICA BOULEVARD AND ARIZONA AVENUE AS SET FORTH IN RESOLUTION OF INTENTION NUMBER 8287 (CCS) , II reading by title only and waiving further reading thereof. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 10-B: SIDEWALKS/DRIVEWAYS/CURBS: Presented was the public hearing on assessment of costs to repair damaged sidewalks, driveways and curbs at various locations (SR-91-176). Council asked questions of staff. At ll:57 P.M., Mayor Abdo declared the public hearing open. Member of the public David Nairn spoke in opposition to assessing property owners for damage to sidewalks caused by City-owned trees. Mayor Abdo closed the public hearing at 12:00 Midnight. Councilmember Olsen moved to acknowledge the protest and adopt Resolution No. 8306 (CCS) entitled: t1A I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-91-176)," 8 October 8, 1991 I I I 85 wa~v~ng further reading thereof. The motion was approved by the reading by title only and Second by Councilmember Katz. following vote: Council vote: Unanimously approved 7-0 10-C: MAIN STREET MASTER PLAN: The public hearing on adoption of the Main Street Master Plan and direction to the City Attorney to prepare an ordinance was continued, as a study Session item, to the meeting of October 15, 1991. 11-A: CHARTER REVIEW COMMISSION: Presented was the staff report recommending the appropriation of $20,000 to provide technical and staff assistance to the Charter Review Commission. Council asked questions of staff. Councilmember Katz moved to extend the meeting to 12:45 A.M. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. Councilmember Katz moved to approve an appropriation in the amount of $20,000 for the purpose of providing analytic support to the Charter Review Commission. Second by Councilmernber Zane. Discussion was held. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Katz, Vazquez, Zane, Mayor Abdo Negative: councilmembers Olsen Genser, Holbrook, Discussion followed. Councilmember Zane moved to provide staff assistance to the Charter Review Commission for policy options in the amount of $10,000. Second by Mayor Abdo. Discussion was held. The motion was withdrawn by Councilmember Zane. Councilmember Zane moved to continue this item to October 15, 1991. Second by Mayor Abdo. The motion was unanimously approved. 13-A: BRANDON MAC NEAL/THIRD STREET PROMENADE: Brandon MacNeal withdrew his request to address Council regarding 1400 Third Street Promenade. 14-A: NOTICE OF VACANCY/PIER RESTORATION CORPORATION: Councilmember Zane moved to authorize the City Clerk to publish and post a Notice of Vacancy inviting applicants to apply for positions on the Pier Restoration Corporation Board of Directors. Second by Mayor Pro Tempore Genser. The motion was unanimously approved. 14-B: WAIVER OF FEES/STATE OF CALIFORNIA PUBLIC UTILITIES COMMISSION: Councilmember Holbrook moved to approve the waiver of fees for use of the Council Chambers by the State of California PUblic Utilities commission on Monday, October 28, 1991 . Second by Mayor Pro Tempore Genser. The motion was unanimously approved. 14-C: PROTECTION OF STREET TREES: Councilmember Zane presented his request to discuss the interpretation and intent of City 9 October 8, 1991 86 ordinances protecting street trees. Counci1member Zane moved to direct the City Attorney to draft a moratorium regarding the destruction of trees in the front yards of property until after a I review of city policy. Discussion was held. The motion died for lack of a second. Councilmember Zane moved to continue this item to the meeting of October 15, 1991. Second by Mayor Abdo. The motion was unanimously approved. 14-D: HOMELESS SITUATION: The request of Councilmember Katz to discuss the homeless situation and the City Attorney I s memo of October 7, 1991, was continued to the meeting of October 15, 1991. 9-E: CLOSED SESSION: At 12:05 A.M., Council adjourned to Closed session to consider the case of city v. Demetriou, Los Angeles Superior Court Case No. C 751 733. At 12:45 A.M., Council reconvened with all members present. Mayor Abdo announced there was no action taken. 15: PUBLIC INPUT: Beloved Quail addressed Council and expressed his concerns as a homeless person. ADJOURNMENT: At l2:57 A.M., the meeting was adjourned to October 15, 1991, at 6:00 P.M. ATTEST: /~, ~~' i, // ~~e5"( !.~ Clarice E. Dykhou e City Clerk APPROVED: ?-4 Lt~ Judy Abdo Mayor I I 10 October 8, 1991