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M-7/13/1993 I I I 137 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 13, 1993 A regular meetIng of the Santa MOllica CIty CouncIl was called to order by Mayor Abdo at 5 35 PM on Tuesday, July 13, 1993 m the CouncIl Chambers Roll Call. Mayor Judy Abdo Mayor Pro Tempore AntOlliO Vazquez CouncIlmember Asha Greenberg CouncIlmember Kelly Olsen Present . Absent: CouncIlmember Ken Genser (Reported present durmg Closed SesslOn) CouncIlmember Robert T. Holbrook (Reported present durmg Closed SesslOn) Councilmember Paul Rosenstem (Reported present dunng Closed Session) Also Present City Clerk Clarice E Dykhouse CLOSED SESSION' At 5:37 P.M., Council adjourned to Closed SesslOn for the purpose of consIderIng personnel matters and threatened htIgatlOn, pendmg litIgatIon and htIgation to be commenced by the City. No actIon was taken. CouncIlmembers Genser, Holbrook, and Rosenstem reponed present durmg Closed SeSSIon At 6 59 PM, Council reconvened. CouncIlmember Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of AmerIca Roll Call. Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez CouncIlmember Ken Genser Councilmember Asha Greenberg CouncIlmember Robert T Holbrook CouncIlmember Kelly Olsen Councilmember Paul Rosenstem Present. 1 July 13, 1993 138 Also Present CIty Manager John Jalih Actmg CIty Attorney Joe Lawrence CIty Clerk Clarice E Dykhouse I 6 CONSENT CALENDAR' Presented was the Consent Calendar, whereby all Items are considered and approved in one motion unless removed from the calendar for dIscussion Councdmember Holbrook moved to approve the Consent Calendar, WIth the exception of Item Nos 6-L, 6-Q and 6-S, reading resolutIOns and ordmances by tItle only and walvmg further reading thereof Second by Councilmember Greenberg The motIon was approved by the followmg vote Councd vote Unanimously approved 7-0 6-A. MINUTES APPROVAL: The City CouncIl mmutes of June 22, 1993, were approved 6-B MODIFICATION OF ZONING AND DEVELOPMENT STANDARDS/AFFORDABLE HOUSING' Ordmance No 1689(CCS) entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING ZONING AND DEVELOPMENT STANDARDS TO FACILITATE AFFORDABLE HOUSING," was adopted on second reading. 6-C' NEWSSTANDS Ordinance No 1690(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA ZONING ORDINANCE TO PERMIT OUTDOOR NEWSSTANDS IN CERTAIN DISTRICTS, ESTABLISHING DEVELOPMENT STANDARDS FOR OUTDOOR NEWSSTANDS, AND CREATING A USE PERMIT PROCEDURE," was adopted on second readmg. I 6-D PROHIBITION ON ESTABLISHMENT OF GAME ARCADESJUMITATION ON NUMBER OF ALCOHOL AND FOOD SERVING ESTABLISHMENTS/C3 AND C3C: Ordinance No 1691(CCS) entitled. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING GAME ARCADES AND ESTABLISHING UMITATIONS ON THE NUMBER OF ALCOHOL AND FOOD SERVING ESTABLISHMENTS IN SPECIFIED PORTIONS OF THE C3 AND C3C DISTRICTS ON AN INTERIM BASIS," was adopted on second readmg. 6-E OFFICIAL DISTRICTING MAP Ordmance No 1692(CCS) entItled. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING OFFICIAL DISTRICTING MAP," was adopted on second reading. 6-F FINAL SUBDIVISION MAP/TRACT NO. 50713/TPC-155/937 11TH STREET' Resolution No 8618(CCS) entitled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 50713 AT 937 11TH STREET," was adopted, thereby approving an ll-umt tenant-partlcipatmg conversion project at 937 11th Street 2 July 13, 1993 I I I I 139 6-G FINAL SUBDIVISION MAP/PARCEL NO 23152/TPC-179/647 RAYMOND A VENUE ResolutIon No. 8619(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO 23152 AT 647 RAYMOND AVENUE," was adopted. thereby approving a 4-unit tenant-partlclpatmg converSIOn project at 647 Raymond Avenue 6-H: FINAL SUBDIVISION MAP/TRACT NO 51353/TPC-245/1027 HILL STREET ResolutIOn No 8620(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 51353 AT 1027 HILL STREET," was adopted, thereby approvmg a 5-umt tenant-participatmg converSIOn project at 1027 Hill Street 6-1. FINAL SUBDIVISION MAP/TRACT NO 50276/CONDOMINIUMS/1144-114812TH STREET. Resolution No 8621(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 50276 FOR A PROJECT AT 1144-1148 12TH STREET, II was adopted, thereby approvrng a 10-urnt condomlrnum project at 1144-1148 12th Street 6-1 FINAL SUBDIVISION MAP/TRACT NO 21564/CONDOMINIUMS/639 PACIFIC STREET' ResolutIon No 8622(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR PARCEL NO 21564 FOR A PROJECT AT 639 PACIFIC STREET, II was adopted, thereby approvmg a 3-unit condomInium project at 639 PaCIfIC Street 6-K ACCESSffiILITY IMPROVEMENTS/CITY HALL/POLICE STATION/MAIN LIBRARY/MUNICIPAL PIER/CIVIC AUDITORIUM Contract No 5999(CCS) was awarded to CDAD, Inc. m the amount of $249,000 for accessIbilIty nnprovements at the CIty Hall, PolIce StatIon, Mam Library, PIer, and CIVIC AudItOrIUm and the CIty Engmeer was authorIzed to Issue any necessary change orders to complete addItIOnal work m conformance WIth the AdmIllistratI ve Instruction on change orders 6-M CALPAW 94 PARK AND WILDUFE GENERAL OBLIGATION BOND ACT INITIATIVE. ResolutIon No 8624(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN SUPPORT OF THE CALP A W 94 PARK AND WILDLIFE GENERAL OBLIGATION BOND ACT INITIATIVE," was adopted 6-N' BAY SAVER RETROFIT PROGRAM Contract No 6000(CCS) was awarded to Demand Management Company (DMC) m an amount not to exceed $296,000 for servIces related to the Bay Saver Retrofit Program 6-0' THIRD ANNUAL CALIFORNIA WATER CONFERENCE Co-sponsorshIp of the Thrrd Annual Califorma Water Policy Conference to be held III Los Angeles on October 21 and 22, 1993 in the amount of $1,000 was approved 3 July 13, 1993 140 6-P' BUTTERFLY VALVESIWATER DIVISION. BId No 2456 was awarded to Valve Systems & Controls at speCified unit prices to furmsh and delIver butterfly valves for the Water DiVIsIon, General Services Department I 6-R MISCELLANEOUS TRASH BIN PARTS Bid No. 2459 was awarded to Consolidated Fabncators Corporation at various pnces to furmsh and delIver miscellaneous trash bm parts for the SolId Waste Management Division, General Services Department 6-T METAL REFUSE CONTAINERS: Bid No 2461 was awarded to ConsolIdated Fabncators Corporation at various pnces to furnish and delIver two cubiC yard metal refuse contamers for the SolId Waste Management DIVISion, General Services Department. 6-U: MAINTENANCE OF HEATING, VENTILATING AND AIR CONDITIONING SYSTEMS: Bid No. 2462 was awarded to Harbor Pomte Air CondltIomng at an estimated annual cost of $14,469 to proVide maintenance of heatmg, ventilatmg and air condmomng systems for the Transportation Department 6-V. HYDRAUUCVALVEPARTS/MISCELLANEOUS WATER SUPPLIES: BldNo 2463 was awarded to DaVIS Taylor Jett at specified manufacturer discount to furmsh and delIver hydraulic valve parts and miscellaneous water supplIes for the Water Division, General Services Deparnnent. 6-W. BEACH PARKING LOTS Contract No 5701(CCS) was awarded to ExecutIve Parking, Inc. to operate CIty beach parkmg lots on a short term baSIS I 6-X: HERITAGE SQUARE MUSEUM: The CIty Attorney was directed to prepare an amendment to Contract No 2307(CCS), the operatmg agreement of the Santa Momca Heritage Square Museum, to allow for an admiSSion fee END OF CONSENT CALENDAR 6-L: SET PUBLIC HEARING/ESTABllSHMENT OF AN ASSESSMENT DISTRICT/TREE PLANTING AND APPURTENANT WORK/COLORADO AVENUE' Council asked questIOns of staff. Mayor Pro Tempore Vazquez moved to adopt Resolution No. 8623(CCS) entitled' trA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR SEPTEMBER 14, 1993, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT CONVENIENCE AND NECESSITY REQUIRE THE TREE PLANTING AND APPURTENANT WORK ON COLORADO AVENUE BETWEEN 7TH STREET AND 14TH STREET, AS SHOWN ON CITY DRAWING NO 6085, IN THE CITY OF SANTA MONICA," readmg by title only and walvmg further readmg thereof Second by Councilmember Greenberg The motIon was approved by the following vote. 4 July 13, 1993 I I I I 141 CouncIl vote AffirmatIve Councilmembers Genser, Greenberg, Holbrook, Rosenstein, Vazquez, Mayor Abdo Absent Councllmember Olsen 6-Q: JANITORIAL SERVICES/MAIN LIBRARY: The recommendatIon to award Bid No 2458 to Power BUlldmg Jarutorial Services at the monthly rate of $1,150 80 to provide jamtonal services for the Main Library was withdrawn at the request of staff. 6-S' JANITORIAL SERVICES/TRANSPORTATION DEPARTMENT The recommendatIon to award Bid No 2460 to Power Building Jamtonal Services at the montWy rate of $1,75020 to provide Jarutonal services for the Transportation Department was withdrawn at the request of staff 8-A PARK CLOSURE HOURS' Presented was anordmance for introductIon and fIrst readIllg adding sectIons to Chapter 4 08 of the Santa Monica Mumclpal Code to establish park closure hours CouncIl asked questIOns of staff At 742 PM., Mayor Abdo declared the publIc hearing open Members of the publIc Ron Lau, Giok Brandt, and Leigh Kavanaugh spoke m support of the proposed closure of parks from 12.00 Mldmght to 5:00 A M. Members of the public Allen Zahner, Clarence Spurlock, Mark Murphy, RIta Lowenthal, Laurie Newman, Franceye Smith, Leland Leonard, Terry Marburger, Jennafer Waggoner, Jeffery Glaze, Terry Alexander, SimIme WIlson, Jane Castle, Ellen Reese, Jerry, VIrginia Palmer, Lowell West, R1k Tilton, Len Doucette, Chene Lebrun, T Lord's, Zandl ZlOn, Beloved QuaIl, James McAuley, Raul Garza, Roberta Rasp, Lawrence Chance, Jerry Rubm, Kathleen Black, Paul Sanders, Broria Finkel, and Ann Hiller spoke III opposition to the proposed ordmance Members of the publIc Everett Batters, Emmalie HodgIll, Jane Dempsey, Richard Bloom, and ChriS Reed spoke III support of the proposed closure and urged unplementatlOn of same III all parks Member of the publIc Judy SIlverman spoke in support of the proposed closure and urged the closure of Douglas Park as well. Member of the publIc Joy Fullmer expressed her concerns Councllmember Olsen moved to hear late chits Second by CouncIlmember Genser. The motIon was approved, Councilmember Holbrook opposed Members of the public JaIme Schloss, Art Casillas, and Ed Bell spoke III support of the proposed closure of parks from 12:00 Mldrught to 5 00 AM. Member of the public Stephen Alpert spoke III support of the proposal to close Palisades Park but III opposItion to closmg all of the parks Members of the public Tahara Brantley, Charles Murray, Ivory Edwards, TomeCla McCowen, and Michael Tarbet spoke III Opposltlon to the proposed ordinance Mayor Abdo closed the publIc heanng at 9 37 PM At 9.37 PM, Council adjourned for a short recess CouncIl reconvened at 10 10 P M with all members present. 5 July 13, 1993 142 8-A (RESUMED) Councd asked questIons of staff Councilmember Olsen moved to mtroduce for first reading an ordmance closing all parks between the hours of 12 00 MIdnIght I to 5 00 A.M. Second by Councilmember Holbrook Discussion was held Mayor Pro Tempore Vazquez moved to amend the motion to repeal the "no sleepmg m the park" ordinance. The motIon was not accepted as fnendly Discussion was held Mayor Pro Tempore Vazquez moved a substitute motion to mclude language that Mumclpal Code SectIon 408.090 IS repealed and subsectIon (t) of Section 4.08.091 changed to specIfy that conduct that constitutes sleepmg is not a violation of the ordmance Second by Mayor Abdo Discussion was held The substItute motion faded by the followmg vote. CouncIl vote: AffmnatIve Councilmember Vazquez, Mayor Abdo Absent. CouncIlmembers Genser, Greenberg, Holbrook, Olsen, Rosenstem DISCUSSIOn was held Councilmember Rosenstein moved a substitute motion to close PalIsades Park, direct the polIce to energetically prevent drug dealmg from spreading to other sections of town and protect the resIdents m the nearby areas and other parts from the spread of drugs and assocIated crime and that CounCIl obtam regular reports from the PolIce Department and the Parks Department so that any problems can be dealt with effectIvely The motion dIed for lack of a second Discussion was held. Councdmember Genser moved to extend the meetmg to 11'45 P.M. Second by Councilmember Holbrook. The motion was approved, Councilmember Rosenstem opposed. Discussion contInued Councdmember Holbrook moved to amend the motion to make thIS an emergency ordmance Second by Councdmember Olsen Council asked I questions of staff CouncIlmember Holbrook wIthdrew his motion. The motion was approved by the followmg vote Councd vote: AffirmatIve Councilmembers Genser, Greenberg. Holbrook, Olsen, Rosenstem Negative: Councilmember Vazquez, Mayor Abdo Mayor Pro Tempore Vazquez requested that the record reflect that he voted "no" on tlus Item because he does not feel that tlus ordinance WIll address the Issue of drug dealmg. Mayor Abdo requested that the record reflect that she voted "no" on thIS Item as she does not belIeve that changmg the hours of the parks IS going to make a measurable dIfference m drug dealing, she IS concerned about the effects that thIS ordmance wIll have on the homeless, and she expressed the belIef that drug dealers and homeless persons WIll merely relocate to other parts of the CIty By VIrtue of the above actIon, an ordInance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS TO CHAPTER 4.08 OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PARKS CLOSURE," was mtroduced for fIrst reading by tItle only and walvmg further readmg thereof 6 July 13, 1993 I I I I 143 Mayor Pro Tempore Vazquez moved to dIrect the CIty Attorney to draft an ordmance to repeal the sleepmg ordmance. The motion dIed for lack of a second 8-B DEVELOPMENT STANDARDS/Ml AND C5 DISTRICTS. The ordlllance for llltroductIon and first readlllg extendmg the internn ordmance to nnplement development standards for portlOns of the Ml and C5 DIstrIct located north of the Santa Momca Freeway and east of 19th Place Alley was contmued to the meetmg of July 20, 1993. 8-C AUTOMOBILE WASHING FACILITIES' The emergency ordmance for mtroductIon and adoption establIshmg standards for automobIle washing facilItIes m certain zones on an mtenm basis was contmued to the meeting of July 20, 1993 8-D: DEVELOPMENT ST ANDARDS/Rl SINGLE-FAMILY The ordmance for llltroductIon and first readmg amendlllg the Rl S lllg le- famtly development standards of the zomng ordinance was continued to the meetlllg of July 20, 1993 8-E: PLAN CHECK REVIEW/ON-SITE REFUSE AND RECYCLING FACIliTIES. The ordmance for llltroduction and first readmg amending Santa Moruca MUillcIpal Code SectIons 9.04 10 and 902 150 establishmg requirements for plan check reVIew for on-SIte refuse and recyclmg faCIlitIes was continued to the meetmg of July 20, 1993 9-A PROGRAM GUIDELINES/CONDOMINIUM COMPONENT/TORCA' The recommendation to approve the Program Guidehnes for the condomImum component of the Tenant OwnershIp RIghts Chaner Amendment Shared AppreciatIon Loan Program and authonzatIon for the CIty Manager to negotIate and execute agreements and utIhze up to $1 17 mIlhon of avatlable TORCA converSlOn tax revenue for condomImum loans was withdrawn at the request of staff 9-B REGULATION OF REFUSE, RECYCLING, OR DEMOLITION HANDLING SERVICES/COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL SECTORS. The recommendatIon to dIrect the City Attorney to prepare an ordmance reqUIring those who provide pnvate refuse, recyclmg, or demolItIon handling serVIces to commercIal, InstItutional, and mdustnal sectors to be regulated through an annual permlt process was contmued to the meetmg of July 20, 1993 9-C' ZONE CHANGE/REDISTRICTING A PORTION OF A PARCEL FROM Ml TO C5/1920 COLORADO AVENUE' The recommendatIon of the Planning COImmssIon to approve Zone Change (ZC 92-001) to allow redIstrtctmg of a portIon of a parcel from the M1 (Industrial Conservation) DIStnCt to the C5 (SpeCIal Office) DIstrict at 1920 Colorado Avenue was continued to the meetmg of July 20, 1993. 9-D' CLOSED SESSION' Held at end of meetmg 7 July 13, 1993 144 lO-A DAMAGED SIDEW AT KS/DRIVEW A YS/CURBS/REMOV AL OF DAMAGED PAVEMENT /P ARKW A Y AREAS The publIc hearmg on the confmnation of assessment of I costs to repau damaged sIdewalks, driveways, curbs and remove damaged pavement In the parkway areas on vanous streets (SR-93-188) was contInued to the meetIng of July 20, 1993. lO-B ASSESSMENT DISTRICT/RECONSTRUCTION/4TH COURT AND 9TH COURT The publIc hearing to establIsh an assessment dIstnct for the reconstructIon of 4th Court between Colorado Avenue and Broadway, and 9th Court from Olympic Boulevard to 476 feet north was continued to the meetmg of July 20, 1993 13-A DON CASEY/PUBLIC RESTROOMS IN PARKS The request of Don Casey to address CouncIl regardmg public restrooms m parks was contmued to the meetmg of July 20, 1993 14-A APPOINTMENTS/BOARDS AND COMMISSIONS The annual appomnnents of members to Boards and CommIssIons was continued to the meeting of July 20, 1993 15' PUBLIC INPUT' Members of the public Joy Fullmer and Beloved QuaIl expressed their concerns . 9-D. CLOSED SESSION At 11 30 PM, Council adjourned to Closed SesslOn for the purpose of considenng the followmg cases 1) Murphy v. City of Santa Monica, et al . U S D C Case No. CV 91-6753-MRP, 2) Gradney v CIty of Santa Moruca, et al , U S DC Case No CV 91-6037-LGB, 3) Rubm v. City of Santa Monica, U S D C Case No CV I 93-1255 LGB, and 4) Wave Enterpnses, Inc v City of Santa Momca Councilmembers Rosenstem and Olsen were excused dunng the Closed Session At 12 10 AM, CouncIl reconvened WIth all members present except Councllmembers Olsen and Rosenstein Councilmember Holbrook moved to approve settlement In the case of Gradney In the amount of $35,192 Second by Mayor Abdo The motlOn was approved by the following vote Council vote' Affirmative Councilmembers Genser, Greenberg, Holbrook, Vazquez, Mayor Abdo Absent Councllmembers Olsen, Rosenstem Councllmember Holbrook moved to approve settlement in the case of Murphy In the amount of $1,350,000 Second by CouncIlmember Greenberg The motion was approved by the foIlowmg vote 8 July 13, 1993 I I I I 145 Councd vote. Affirmative. Councllmembers Genser, Greenberg, Holbrook, Vazquez, Mayor Abdo Absent CouncIlmembers Olsen, Rosenstem ADJOURNMENT: At 12 12 AM, the meetmg was adjourned to 6:30 PM, July 20, 1993, m memory of Roberto Franco Mata and Patrick Lippert ATTEST. --k~4~ Clarice E Dykhouse City Clerk APPROVED 9.L;JJc' Judy Abdo Mayor 9 July 13, 1993