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M-9/24/1991 I I I 63 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 24, 1991 A special meeting of the Santa Monica city Council was called to order by Mayor Abdo at 6:15 P.M. on Tuesday, september 24, 1991, in the Council Chambers. STUDY SESSION: Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser (arrived at 6:35 P.M.) Councilmember Robert T. Holbrook (arrived at 6:30 P.M.) councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Absent: Councilmember Herbert Katz Also Present: City Manager John Jalili Assistant City Attorney Joseph Lawrence City Clerk Clarice E. Dykhouse 55-1: STUDY SESSION/RESTRUCTURE WASTEWATER RATES: Presented was the study session on the proposed ordinance to restructure wastewater rates. At 7:30 P.M., the Study Session was adjourned. CITY COUNCIL REGULAR MEETING: At 8:05 P.M., Mayor Abdo convened a regular meeting of the City of Santa Monica City Council. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser Councilmember Robert T. Holbrook Councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Absent: Councilmember Herbert Katz Also Present: City Manager John Jalili city Attorney Robert M. Myers City Clerk Clarice E. Dykhouse Councilmember Olsen led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. 1 September 24, 1991 64 COMMENDATION/GRAD NITE/SANTA MONICA HIGH SCHOOL: Mayor Abdo presented commendations to Lynn Greenburg and Alissa Olsen for their outstanding efforts in conducting Grad Nite festivities at I Santa Monica High School. At 8: 12 P.M. , a City Council/Redevelopment Agency/Parking Authority Special Joint Meeting was convened. Redevelopment Agency Roll Call: Present: Chair Judy Abdo Chair Pro Tempore Ken Genser Agency Member Robert T. Holbrook Agency Member Kelly Olsen Agency Member Antonio Vazquez Agency Member Dennis Zane Absent: Agency Member Herbert Katz Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Clarice E. Dykhouse Parking Authority Roll Call: Present: Chair Judy Abdo Chair Pro Tempore Ken Genser Authority Member Robert T. Holbrook Authority Member Kelly Olsen Authority Member Antonio Vazquez Authority Member Dennis Zane Absent: Authority Member Herbert Katz Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Dykhouse I CC/RA/PA-l: MINUTES APPROVAL: Chair Pro Tempore Genser moved to approve the Redevelopment Agency minutes of June 25, 1991, and Parking Authority minutes of September 10, 1991, as presented. Second by Authority Member Zane. The motion was unanimously approved, Authority Member Katz absent. CC/RA/PA-2: FISCAL YEAR 1990-91 YEAR-END BUDGET ADJUSTMENTS: Presented was the staff report recommending year-end budget adjustments for Fiscal Year 1990-91; transmittal of year-end Performance Review and Capital Improvement Program status report as of June 30, 1991; and selected budget adjustments for Fiscal Year 1991-92; and adoption of a resolution accepting a Federal Aviation Airport Improvement Program Grant for runway reconstruction. Member of the pUblic Joy Fullmer expressed her concerns. councilmember Zane moved on behalf of the City Council, to approve the budget adjustments detailed in Exhibits A through E, approve a loan from the General Fund to the Beach Fund I for FY1990-91 of $.1 million, authorize the establishment and technical implementation of a Debt Service Fund, and adopt Resolution No. 8297 (CCS) entitled: "A RESOLUTION OF THE CITY 2 September 241 1991 I I I 65 COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT NUMBER DTFA08-01-C-20650 ACCEPTING A FEDERAL AVIATION AIRPORT IMPROVEMENT PROGRAM GRANT FOR RUNWAY RECONSTRUCTION,II reading by title only and waiving further reading thereof and approving Contract No. 5761(CCS) accepting a Federal Aviation Airport Improvements program Grant for runway recontruction with Federal Aviation Administration. Second by Mayor Pro Tempore Genser. council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz Agency Member Zane moved on behalf of the Redevelopment Agency, to approve the budget adjustments detailed in Exhibits A through E, approve a loan from the General Fund to the Beach Fund for FY1990-91 of $.1 million, authorize the establishment and technical implementation of a Debt Service Fund. Second by Chair Pro Tempore Genser. Redevelopment Agency vote: Affirmative: Agency Members Genser, Holbrook, Olsen, Vazquez, zane, Chair Abdo Absent: Agency Member Katz Authority Member Zane moved on behalf of the Parking Authority, to approve the budget adjustments detailed in Exhibits A through E, approve a loan from the General Fund to the Beach Fund for FY1990-91 of $.1 million, authorize the establishment and technical implementation of a Debt Service Fund. Second by Chair Pro Tempore Genser. Parking Authority Vote: Affirmative: Authority Members Genser, Holbrook, Olsen, Vazquez, Zane, Chair Abdo Absent: Authority Member Katz At 8:20 P.M., the Special City Council/Redevelopment Agency/Parking Authority Joint Meeting was adjourned and the City Council Meeting was reconvened. councilmember Holbrook moved to continue Item 7-B to the meeting of October 22, 1991. Second by Councilmember Vazquez. The motion was unanimously approved, Councilmember Katz absent. 5-A: VETO OF SB-402/415 PACIFIC COAST HIGHWAY/STATE BEACH OPERATING AGREEMENT: Presented was the status report on the city's efforts to obtain veto of SB-402 relating to 415 Pacific Coast Highway and state Beach Operating Agreement. Member of the public John Bodin spoke in support of veto of Section 26 of 8B402. Member of the public Eric siss spoke in support of protection of public parklands. Member of the public Julie Lopez-Dad requested a timeline for full public access on the 3 September 24, 1991 66 project. Member of the public Bruce Cameron congratulated the City on its progress and urged the public to call Governor Wilson to encourage veto of section 26 of SB-402. Member of the public I Michael Tarbet provided information on a telephone bank to call Governor Wilson to urge the veto of section 26 of SB-402. Discussion was held. No action taken. 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 Genser moved to approve the Consent Calendar, wi th the exception of Item Nos. 6-E and 6-F, reading resolutions and ordinances by title only and waiving further reading thereof. Second by councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 6-A: MINUTES APPROVAL: The city council minutes of September 10, 1991, were approved as amended, and September 16, 1991, were approved as submitted. 6-B: GRANT OF EASEMENT/ELECTRICAL EQUIPMENT/1123-1131 THIRD STREET: Resolution No. 8298(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF I A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF ELECTRICAL EQUIPMENT LOCATED AT 1121-1131 THIRD STREET, SANTA MONICA, CALIFORNIA," was adopted, thereby authorizing the City Manager to execute a Grant of Easement to the southern California Edison Company. 6-C: COST-SHARED AGREEMENT/ARMY CORPS OF ENGINEERS/FEASIBILITY STUDY/SANTA MONICA BREAKWATER: Contract No. 5762 (CCS) was approved with the Army Corps of Engineers for the preparation of a feasibility study of the Santa Monica breakwater. 6-D: CONFERENCE/CALIFORNIA WATER POLICY: The co-sponsorship of a conference on California Water Policy and a contribution of $2,500 to help offset conference costs was approved. END OF CONSENT CALENDAR 6-E: BAYSAVER FIXTURE REBATE PROGRAM: Member of the public Joy Fullmer expressed her concerns. Council asked questions of staff. Mayor Pro Tempore Genser moved to approve a $250,000 increase in the contract amount for DMC Services, Inc. for services related to the BAYSAVER fixture rebate program through November 30, 1991, and authorize necessary budget changes. Second by Councilmember Zane. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo I 4 September 24, 1991 I I I 67 Absent: Councilmember Katz 6-F: MEMORANDUM OF UNDERSTANDING/URBAN WATER CONSERVATION IN CALIFORNIA: Member of the public Joy Fullmer expressed her concerns. Mayor Pro Tempore Genser moved to approve and sign the Memorandum of Understanding regarding Urban Water conservation. Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: councilmember Katz 7-A: APPEAL/CUP 91-020/0UTDOOR PATIO DINING/BOATHOUSE RESTAURANT/ 301 SANTA MONICA PIER: Presented was the appeal of Planning commission approval of CUP 91-020 to allow the on-site sale of alcohol with a Type 47 alcohol license for a 106-seat patio dining area for the Boathouse Restaurant at 301 Santa Monica Pier. Applicant/Appellant: Boathouse Host. Appellant: Ken Schonlau. Council asked questions of staff. Applicant/Appellant Patricia Sheffield spoke in support of the appeal. Appellant Ken Schonlau spoke in support of the appeal and in opposition to the CUP. At 10:13 P.M., Mayor Abdo declared the public hearing open. Member of the public Stephanie Barbanell spoke in support of Ken Schonlau1s appeal and in opposition to the CUP. Members of the public Linda Kurpaski, Rick Howard, and Bob de la Pena spoke in support of the Boathouse Restaurant appeal. John Gilchrist (Pier Restoration Committee), speaking on behalf of applicant/appellant Boathouse Host, provided a rebuttal in support of the appeal. Mayor Abdo closed the public hearing at 10:30 P.M. Discussion was held. Councilmember Zane moved to approve the CUP subject to the findings and to amend the conditions to include the following: when the outdoor patio is available for general public use, people who are patrons should be expressing their intent to eat and when a private event is being held food must be available; that the hours of the outdoor patio be the same as the hours of the restaurant in all respects; that the door on the outdoor patio area be restricted to emergency access, handicapped access, and delivery; specific language which provides that the Council may, at any time, adopt new parameters of operation with respect to the outdoor patio as long as similar parameters for the operation of all outdoor patio areas on the pier be adopted. Second by Councilmember Vazquez. Discussion was held. Councilmember Zane moved to extend the meeting to 12:00 Midnight. Second by Councilmember Vazquez. The motion was unanimously approved, councilmember Katz absent. Discussion continued. Mayor Pro Tempore Genser moved to amend the motion to allow recorded background music in the patio area not to exceed 50dB. The motion was accepted as friendly. The above motion was approved by the following vote: 5 September 24, 1991 68 council vote: Affirmative: Councilmembers Genser, Holbrook, Vazquez, Zane, Mayor Abdo Negative: Councilmember Olsen I Absent: Councilmember Katz 7-B: APPEAL/VARIANCE 90-039/WAIVER OF PARCEL MAP 90-001/2039- 2045 11TH STREET: The Appeal of Planning commission denial of Variance 90-039 and waiver of Parcel Map 90-001 to allow the adjustment of a parcel line and to allow the creation of a lot that is approximately 3' in depth less than the minimum 100 I depth required at 2039-2045 11th Street, was continued to the meeting of October 22, 1991. 7-C: APPEAL/CUP 91-007/RESTAURANT/DANCE CLUB/1360 3RD STREET PROMENADE: The Appeal of a Planning commission denial of cup 91-007 to allow the expansion of an existing restaurant/dance club at 1360 3rd Street Promenade was continued to the meeting of October 1, 1991. a-A: ORDINANCE/NEW WASTEWATER RATE STRUCTURE: The ordinance for introduction and first reading amending Santa Monica Municipal Code sections 7137 and 7143 to incorporate the new wastewater rate structure was continued to the meeting of October 1, 1991. a-B: ORDINANCE/PREFERENTIAL PARKING ZONE L/SANTA MONICA COLLEGE: Presented was an ordinance for introduction and first reading I amending Santa Monica Municipal Code section 323aL to expand Preferential Parking Zone L around Santa Monica College. At 11:20 P.M., Mayor Abdo declared the public hearing open. Member of the public Daniel Colner spoke in support of the proposed ordinance. Mayor Abdo closed the public hearing at 11: 23 P.M. councilmember Zane moved to introduce for first reading an ordinance entitled: "AN 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: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 9-A: CLOSED SESSION: Held at end of meeting. 10-A: LOCAL COASTAL PROGRAM: The pUblic hearing on the proposed Local Coastal Program was continued to the meeting of October 1, 1991. 14-A: APPOINTMENTS/COMMISSION ON OLDER AMERICANS/HOUSING COMMISSION: Mayor Abdo opened the floor to nominations to fill I the vacancy on the Commission On Older Americans. Mayor Pro Tempore Genser moved to appoint Carmen E. Lopez, R.N., by acclamation to the Commission On Older Americans for a term 6 September 24, 1991 I I I 69 ending June 30, 1995. The motion was unanimously approved, Councilmember Katz absent. Mayor Abdo then opened the floor to nominations to fill the vacancy on the Housing commission. Mayor Pro Tempore Genser moved to appoint Parviz Sarem Bakhtiar by acclamation to the Housing Commission for a term ending June 30, 1993. The motion was unanimously approved, Councilmember Katz absent. 14-B: APPOINTMENT/CHARTER REVIEW COMMISSION: The discussion regarding the appointment of a member to the Charter Review Commission was continued to the meeting of October 1, 1991, at the request of Councilmember Vazquez. 14-C: STUDY OF TORCA PROGRAM: Councilmember Zane presented his request to discuss undertaking a comprehensive study of the TORCA program. Councilmember Zane moved to direct staff to return to Council with a proposed work plan for discussion regarding the TORCA program and seek professional assistance in evaluating the TORCA process and assessing the programs of councilmembers and other community members in order to determine if it is achieving the objectives which it was crafted to achieve. Second by Councilmember Vazquez. The motion was unanimously approved, Councilmember Katz absent. 14-0: JOB TRAINING PROGRAMS: Councilmember Vazquez presented his request to discuss jOb training programs available to the community. staff presented a proposal for a job training program. Counci1member Vazquez moved to adopt the proposal in concept and direct staff to return for approval of the proposal. Second by Mayor Pro Tempore Genser. Councilmember Olsen moved to hear from members of the public. The motion died for lack of a second. The above motion was unanimously approved, Councilmember Katz absent. 15. PUBLIC INPUT: Members of the public Jim Bernet and Sylvia Green presented a model ordinance for the elimination of smoking in enclosed public places. Member of the public Art Casillas spoke in support of the proposed job training program. 9-A. CLOSED SESSION: At 11:40 P.M., Council adjourned to Closed Session for the purpose of considering litigation threatened against the city of Santa Monica by Broadway and Cloverf ield, Ltd. City Clerk Dykhouse was excused from the meeting. At 12:05 P.M., Council reconvened with all members present, Councilmember Katz absent. city Manager Jalili acted as City Clerk. Mayor Abdo moved to authorize the City Manager to negotiate Contract No. 5763 (CCS) with Broadway and Cloverfield, Ltd. The motion was duly seconded and carried, with Councilmembers Genser and Olsen voting no, councilmember Katz absent. 7 September 24, 1991 70 ADJOURNMENT: At 12:07 P.M., the meeting was adjourned in memory of Maude Ella Fraynd, to October 1, 1991, at 7:30 P.M. A Special I Joint Meeting will also be held on September 30, 1991, for the Annual Board and Commission meeting. ATTEST: APPROVED: Clarice E. city Clerk .t!; ()~ DYkh~ 9" 4 A,..~ Judy Abdo Mayor John Jalili Acting city Clerk I I 8 September 24, 1991