M-8/13/1991
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 13, 1991
A meeting of the Santa Monica City Council was called to order by
Mayor Abdo at 7:37 P.M., on Tuesday, August 13, 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
Assistant City Attorney Joseph Lawrence
Assistant city Clerk Beth J. Holmes
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
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. Councilmember
Katz moved to approve the Consent Calendar, with the exception of
Item Nos. 6-C and 6-M, 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 July 16, and
July 23, 1991, were approved as presented.
6-B: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8269(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO
THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF
SIDEWALKS, DRIVEWAYS, AND CURBS (SR-91-175)," was adopted,
thereby setting a pUblic hearing for September 10, 1991.
6-D: HANDICAPPED PARKING/720 11TH STREET: Resolution No.
8271 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 720 11TH STREET," was adopted.
6-E: FINAL SUBDIVISION MAP/TRACT NO. 49273/TPC-I09/2138 STEWART
STREET: Resolution No. 8272 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
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A FINAL SUBDIVISION MAP FOR TRACT NO. 49273, II was adopted,
thereby approving a 5-unit tenant participating conversion at
2138 Stewart Street.
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6-F: FINAL SUBDIVISION MAP/TRACT NO. 49671/CONDOMINIUMS/2501-
2503 28TH STREET: Resolution No. 8273(CCS} entitled: IIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
49671 FOR A PROJECT AT 2501-2503 28TH STREET, II was adopted,
thereby approving a 6-unit condominium project at 2501-2503 28th
Street.
6-G: FINAL SUBDIVISION MAP/TRACT NO. 49995/TPC-12~/854 18TH
STREET: Resolution No. 8274(CCS) entitled: itA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 49995, II was adopted,
thereby approving a 14-unit tenant-participating conversion at
854 18th Street.
6-H: FINAL SUBDIVISION MAP/TRACT NO. 50144/TPC-125/1538 BERKELEY
STREET: Resolution No. 8275(CCS) entitled: IIA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50144, II was adopted,
thereby approving a 7-uni t tenant-participating conversion
project at 1538 Berkeley Street.
6-I: NEW ROOF/POLICE BUILDING: Contract No. 5748 (CCS) was
awarded to J. Cab & Sons Roofing, Inc. in the amount of $161,097, I
to install new roofs at the Santa Monica Police Building.
6-J: CONSTR~CTION SUPPORT SERVICES/ARCADIA WATER TREATMENT PLANT
EXPANSION PROJECT: The City Manager was authorized to increase
the original contract amount with Kennedy/Jenks/Chilton,
Consulting Engineers and Scientists, by $90,000 to provide
additional construction management support services for the
Arcadia Water Treatment Plant Expansion project.
6-K: SEMI-AUTOMATED REFUSE CONTAINERS: The purchase of 6,000
95-gallon capacity semi-automated refuse containers from otto
Industries was authorized.
6-L: ULTRA LOW FLOW TOILET FIXTURES: Bid No. 2362 was awarded
to Bay Area Pipe & Supply at specified unit prices to furnish and
deliver ultra low flow toilet fixtures for the Environmental
Program Division.
6-N: COURSE ON MANAGEMENT OF HAZARDOUS WASTE MATERIAL/SANTA
MONICA COLLEGE: contract No. 5749(CCS) with santa Monica College
was approved in the amount of $25,000 to provide a course on the
management of hazardous waste material.
6-0: DONATION TO SANTA J.10NICA POLICE ACTIVITIES LEAGUE: The
donation of an obsolete Chevrolet Malibu automobile to the Santa I
Monica Police Activities League (PAL) for an auto repair class
was approved.
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6-P: CANCELLATION OF AUGUST 27 f 1991, COUNCIL MEETING: The
recommendation to cancel the August 27, 1991, Council meeting was
approved.
6-Q: HANDICAPPED PARKING/2328 3RD STREET: Resolution No.
8276 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING PHYSICALLY HANDICAPPED ZONE
ADJACENT TO 2328 3RD STREET," was adopted.
6-R: FINAL SUBDIVISION MAP/TRACT NO. 49774/CONDOMINIUMS/2519 4TH
STREET: Resolution No. 8277(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 49774 FOR A PROJECT AT 2519
4TH STREET, II was adopted, thereby approving a 12-unit condominium
project at 2519 4th street.
6-S: FINAL SUBDIVISION MAP/TRACT NO. 49272/TPC-117/717-723 CEDAR
STREET: Resolution No. 8278(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 49272," was adopted,
thereby approving a 10-uni t tenant-participating conversion at
717-723 Cedar Street.
6-T: SALE OF AUTOMOBILE/RETIRING POLICE CHIEF JAMES KEANE: The
sale of a 1990 Chevrolet Caprice Classic to Retiring Police Chief
James Keane, at fair market value, was approved.
END OF CONSENT CALENDAR
6-C: FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT GRANT: Presented
was a resolution authorizing the city Manager to apply for Fuel
Efficient Traffic Signal Management grant in the amount of
$27,000 through the California Department of Transportation
(Caltrans) . Member of the public Joy Fullmer expressed her
concerns. Councilmember Katz moved to adopt Resolution No.
8270 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING FUEL EFFICIENT TRAFFIC SIGNAL
MANAGEMENT PROGRAM GRANT APPLICATION," 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
6-M: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 90-101/1247 23RD
STREET: Presented was a staff report recommending certification
of the statement of official action for appeal of conditional use
permit 90-101, 1247 23rd Street. Council asked questions of
staff. Member of the public Joseph Yadegar requested approval of
his original plan. Discussion was held. Councilmember Katz
moved to adopt the Statement of Official Action with condition 43
as written on page 9 of the Statement of Official Action. Second
by Councilmember Olsen. The motion was approved by the fallowing
vote:
Council vote: Unanimously approved 7-0
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8-A: MODIFICATION OF ZONING/OCEAN PARK BOULEVARD: Presented was
an ordinance for introduction and adoption extending the interim
modification of the zoning along Ocean Park Boulevard between I
Lincoln Boulevard and 25th street, revising development standards
and declaring the presence of an emergency. At 8:00 P.M., Mayor
Abdo declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Member of the public Suzanne
Brewer spoke in support of the staff recommendation. Mayor Abdo
closed the public hearing at 8:05 P.M. Councilmember Katz moved
to adopt Ordinance No. l595(CCS) entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INTERIM
MODIFICATION OF THE ZONING ALONG OCEAN PARK BOULEVARD BETWEEN
LINCOLN BOULEVARD AND 25TH STREET, REVISING DEVELOPMENT STANDARDS
AND DECLARING THE PRESENCE OF AN EMERGENCY," 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
8-B: NEW POSTED SPEED LIMITS: The ordinance for introduction
and first reading amending Santa Monica Municipal Code Section
3347A to establish new posted speed limits on various city street
segments was withdrawn at the request of staff.
8-C: MODIFICATION OF CONSTRUCTION HOURS: Presented was an
ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 4313 AND 4314 J1.fODIFYING CONSTRUCTION HOURS," for I
introduction and first reading by title only, waiving further
reading thereof. Council asked questions of staff. At 8: 50
P.M., Mayor Abdo declared the public hearing open. Members of
the public Louis Bevier, Pat McGinn, George Zurow, and Norma
Gonzales spoke in opposition to the proposed ordinance. Members
of the public Betty Bunnell, Joy Fullmer, syd Jurin, steve
Spencer, Ken Breisch, Joyce Jurin, Dorothy Engleman, and Michael
Wiedder spoke in support of the proposed ordinance. Members of
the pUblic Duane Nightingale and Vincent Haydel urged exemption
from the ordinance for public utilities.
At 9: 40 P.M., Council adjourned for a short recess.
reconvened at 10:05 P.M. with all members present.
Council
8-C: MODIFICATION OF CONSTRUCTION HOURS (RESUMED): Member of
the pUblic Suzanne Brewer spoke in support of construction hours
of 7:00 A.M. to 6:00 P.M. in the Sunset Park area. Members of
the public Merritt Coleman and Nancy Desser spoke in support of
the proposed ordinance. Member of the public Laurel Roennau
spoke in support of the proposed ordinance with no exemptions for
government bodies.
Councilmember Vazquez moved to continue all items other than
public testimony on Item No. 8-D, hearing Item Nos. 8-E and 9-A,
and hearing "14" items as time permits. Second by Mayor Pro I
Tempore Genser. The motion was unanimously approved.
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Councilmember Katz moved to hear late chits. The motion was duly
seconded and was approved, Councilmember Holbrook opposed.
Members of the public Maryanne Solomon, Suzanne Abrescia, Myrna
Kettler, Sally Reinman, Jerry Christopher, and Joyce Norman spoke
in support of the proposed ordinance. Member of the public Al
Toney spoke in opposition to the proposed ordinance. Mayor Abdo
closed the public hearing at 10:46 P.M.
Mayor Pro Tempore Genser moved to adopt the version of the
ordinance which exempts City crews and direct staff to research
this issue, meet with workers involved, and return within the
next two months with a report and/or ordinance revision which
would include the crews. Second by counci1member Olsen.
Discussion was held. Councilmember Zane moved to amend the
motion to exempt public utilities as well as city crews. The
motion was accepted as friendly. Discussion was held.
Councilmember Zane moved to amend the motion to direct staff to
study the possibility of also exempting other governmental
entities, except as it involves the construction of new
buildings. Second by Councilmember Vazquez. Discussion was
held. Councilmember Olsen moved to extend the meeting to 12:00
Midnight. Second by Councilmember Zane. The motion was
unanimously approved. Discussion continued. Councilmember Zane
clarified his motion as follows: Restore the City Attorney IS
language with no proviso that the City is studying whether or not
to restore the City crews and the City must restate its case.
Discussion was held. The amended motion was approved by the
following vote:
Council vote: Affirmative:
Councilmembers Holbrook, Vazquez,
Zane, Mayor Abdo
Negative:
Counci1members Genser, Katz, Olsen
Mayor Pro Tempore Genser moved to amend his motion to request
staff to analyze the possibility of including city crews in the
ordinance. Discussion was held. Councilmember Holbrook moved to
amend the motion to direct staff to study the possibility of
exempting public works projects in the event that alteration of
construction hours results in increased cost. Discussion was
held. The motion was accepted as friendly. The main motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
Vazquez, Zane, Mayor Abdo
Negative: Councilmembers HolbrOOk, Katz
Councilmernber Katz requested that the record reflect that he
voted "no" on this item because he feels that the real issue of
construction noise is not being addressed and he feels that by
making construction start-times later it will increase peak hour
traffic problems.
Councilmember Katz was excused from the meeting at 11:35 P.M.
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8-0: TRANSPORTATION MANAGEMENT PLAN: At 11:40 P.M., Mayor Abdo
declared the public hearing open. Member of the public Scott
Tibbi ts spoke in support of the concepts and goals behind the I
transportation initiative. The remainder of this item, including
the public hearing, was continued to the meeting of August 20,
1991.
8-E: REAL ESTATE PROPERTY TRANSFER TAX: Presented was an
ordinance for adoption and second reading amending Santa Monica
Municipal Code Sections 61000, 61002, and 61008, and adding
Section 61010 to the Santa Monica Municipal Code relating to
City I S real estate property transfer tax. Councilmember Olsen
moved to adopt ordinance No. 1596 (CCS) entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTIONS 61000, 61002 AND 61008, AND ADDING
SECTION 61010 TO THE SANTA MONICA MUNICIPAL CODE, II reading 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, Olsen,
Vazquez, Zane, Mayor Abdo
Negative: Councilmember Holbrook
Absent: councilmember Katz
9-A: URBAN RUNOFF/NEW DEVELOPMENT: The recommendation to direct I
the City Attorney to prepare an ordinance requiring reduction in
urban runoff from new development was continued to the meeting of
August 20, 1991.
9-B: CLOSED SESSION: Not held.
10-A: SIDEWALKS/DRIVEWAYS/CURBS: The public hearing on
assessment of costs to repair damaged sidewalks, driveways and
curbs (SR- 91-174 ) was continued to the meet ing 0 f August 20 f
1991.
10-B: TREE PLANTING/WILSHIRE BOULEVARD: The public hearing for
the confirmation of assessment of costs for tree planting on
Wilshire Boulevard between Ocean Avenue and centinela Avenue was
continued to the meeting of August 20, 1991.
12-A: MEMORANDUM OF UNDERSTANDING/PUBLIC ATTORNEY'S
resolution authorizing the City Manager to execute a
of Understanding with the Public Attorney's Union
continued to the meeting of August 20, 1991.
UNION: The
Memorandum
(PAU) was
12-B: EXECUTIVE PAY PLAN: The recommendation to adopt a
resolution approving the Executive Pay Plan was continued to the
meeting of August 20, 1991.
14-A: APPOINTMENT/COMMISSION ON OLDER AMERICANS: The I
appointment of a member to the Commission on Older Americans was
continued to the meeting of August 20, 1991.
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14-B: MODIFICATION OF SIGN ORDINANCE/PROMENADE: The request of
Councilmember Katz to discuss modification of the sign ordinance
regarding the Promenade was continued to the meeting of August
20, 1991.
l4-C: WORLD CITIES AND THEIR ENVIRONMENT: Presented was the
request of Councilmember Zane to discuss approval of use of
travel funds to attend "World cities and Their Environment," in
Toronto, Canada, August 25 - 28, 1991. Mayor Pro Tempore Genser
moved to authorize any councilmember to attend the conference who
wishes to do so. Second by Mayor Abdo. Discussion was held.
council vote: Affirmative: councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: councilmember Katz
14-D: RECYCLING/FUTURE DEVELOPMENT: The request of Mayor Pro
Tempore Genser to discuss directing staff to prepare an ordinance
to require the City to impose recycling requirements and
recycling facilities as conditions of all future development
permits was continued to the meeting of August 20, 1991.
14-E: POSTING OF SIGNS/PAINT IS HAZARDOUS WASTE: The request of
Councilmember Olsen to discuss directing staff to prepare an
ordinance that would require businesses that sell paint to post
signs indicating that paint is a hazardous waste and listing the
address of our hazardous waste facility was continued to the
meeting of August 20, 1991.
15: PUBLIC INPUT: Member of the public Frances Farmer addressed
the issue of homelessness.
ADJOURNMENT: At 11:55 P.M., the meeting was adjourned to 7:30
P.M., August 20, 1991, in memory of Earnest Pickett.
ATTEST:
~;L&Y
Deputy City Clerk
APPROVED: /
J~~ d/(p
Judy Abdo
Mayor
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August 13, 1991