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M-7/9/1991 I I I 1 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 9, 1991 A regular meeting of the Santa Monica City Council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, July 9, 1991, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser (arrived at 7:50 P.M.) Councilmember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen (arrived at 7:41 P.M.) Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: city Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. INSPIRATION: A moment of inspiration was provided with the acknowledgment of councilrnember Olsen's birthday. 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 Holbrook moved to approve the Consent Calendar, with the exception of Item Nos. 6-A, 6-H, 6-K, 6-L, and 6-P, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Abdo Absent: Mayor Pro Tempore Genser 6-B: FINAL SUBDIVISION MAP/TRACT NO. 49372/TPC-108/1518 YALE STREET: Resolution No. 8250(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49372, II was adopted, thereby approving an a-unit tenant-participating conversion project at 1518 Yale street. 6-C~ FINAL SUBDIVISION MAP/TRACT NO. 49854/TPC-IIB/1337 BERKELEY STREET: Resolution No. B251(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 49854," was adopted, 1 July 9, 1991 2 thereby approving a 5-unit tenant-participating conversion project at 1337 Berkeley street. 6-0: FINAL SUBDIVISION MAP/TRACT NO. 22273/CONDOMINIUM/855 15TH I STREET: Resolution No. 8252(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 22273, " was adopted, thereby approving a 4-unit condominium project at 855 15th Street. 6-E: CIVIC AUDITORIUM SNACK BAR/BOX OFFICE REMODEL: Resolution No. 8253 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE CIVIC AUDITORIUM SNACK BAR AND BOX OFFICE REMODEL," was adopted, thereby waiving competitive bidding and authorizing the city Manager to negotiate and execute a contract. 6-F: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8254(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-91-174)," was adopted, thereby setting a public hearing for August 13, 1991. 6-G: TREE PLANTING/WILSHIRE BOULEVARD: Resolution No. 8255 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING FOR AUGUST 13, I 1991, TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT OF COSTS FOR TREE PLANTING ON WILSHIRE BOULEVARD BETWEEN OCEAN AVENUE AND CENTINELA AVENUE, II was adopted, thereby setting a public hearing for August 13, 1991, for the confirmation of assessment of costs for tree planting on Wilshire Boulevard between Ocean Avenue and Centinela Avenue. 6-1: REPAIR OF BUILDINGS/415 allocation of additional funds repair of existing buildings at approved. PACIFIC COAST HIGHWAY: The in the amount of $50,000 for 415 Pacific Coast Highway was 6-J: JOINT GROUNDWATER STUDY: Contract No. 5733(CCS) was approved, thereby authorizing the City Manager to negotiate and execute a contract with the West Basin Metropolitan Water District and the Metropolitan Water District for a joint groundwater study of the Santa Monica Sub-Basin. 6-M: ALTERNATE PARADE ROUTE/INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS: Resolution No. 8257(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON JULY 28, 1991, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE," was adopted, thereby approving the parade date of Sunday, July 28, 1991; the parade route beginning in the beach parking lot at the westernmost terminus of Bay street and I proceeding south on the bike path to the southernmost City limits; and that ISKCON pay all attendant costs, inclUding hiring 2 July 9, 1991 I I I 3 of police officers and crowd control, on or before Friday, July 19, 1991, at 5:00 P.M. 6-N: ALTERNATE RACE ROUTE/ST. MONICA'S CHURCH OKTOBERFEST: Resolution No. 8258 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A RUNNING RACE ON OCTOBER 5, 1991 ON A ROUTE OTHER THAN THE OFFICIAL CITY ROUTES," was adopted, thereby approving the requested race date of October 5, 1991; the proposed race route; the race fee of $10,000 be paid; and all inherent City costs, including police, be paid for by st. Monica's Church. 6-0: NOISE ATTENUATING INTERCOM HEADSETS AND RADIO INTERFACE/FIRE DEPARTMENT: Bid No. 2359 was awarded to L. N. Curtis & Sons in the amount of $22,844.50 to provide noise attenuating intercom headsets and radio interface for the Fire Suppression Division, Fire Department. 6-Q: REFURBISH SANTA MONICA CITY JAIL: Contract No. 5734(CCS) was approved, thereby awarding a contract to DTEC Construction Inc. in the amount of $43,900 to refurbish the Santa Monica City Jail. END OF CONSENT CALENDAR 6-A: MINUTES APPROVAL: The City Council minutes of June 18 and June 25, 1991, were continued to the meeting of July 16, 1991. 6-H: AUDITING SERVICES: Presented was a recommendation to authorize the City Manager to negotiate and execute a contract with KPMG Peat Marwick for auditing services for fiscal years 1990-91 through 1994-95. Member of the pUblic Joy Fullmer expressed her concerns. Council asked questions of staff. councilmember Holbrook moved to approve Contract No. 5732 (CCS) authorizing the city Manager to negotiate and execute a contract with KPMG Peat Marwick for auditing services. Second by Councilmember Olsen. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Abdo Absent: Mayor Pro Tempore Genser Mayor Pro Tempore Genser reported present at 7:50 P.M. 6-K: REFUSE AND RECYCLING SERVICE AND COLLECTION: Presented was a resolution modifying the frequency of refuse and recycling service and collection. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Discussion was held. Councilmember Katz moved to direct staff to prepare a notice reminding res idents of the new procedures as well as amending the plan to provide pick-up services in the alley and adopt Resolution No. 8256(CCS) entitled: lIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A REFUSE AND RECYCLING SERVICE COLLECTION SCHEDULE FOR SINGLE 3 July 9, 1991 4 FAMILY DISTRICTS," reading by title only and waiving further reading thereof. Second by Mayor Abdo. Discussion was held. The motion was unanimously approved. 6-L: ADVERTISING AND PUBLICITY/CIVIC AUDITORIUM: Presented was a recommendation to authorize the City Manager to negotiate and execute an amendment to Contract No. 5622 with the Gary Group in the amount of $75,000 for the preparation and placement of advertising and publicity materials promoting the santa Monica Civic Auditorium. Member of the public Joy Fullmer expressed her concerns. Councilmember Holbrook moved to authorize the City Manager to negotiate and execute an amended contract with the Gary Group. Second by Councilmember Katz. The motion was unanimously approved. 6-P: EXEMPTION OF CIVIC AUDITORIUM LESSEES FROM BUSINESS LICENSE FEES: Presented was a recommendation to direct the City Attorney to prepare an amendment to Santa Monica Municipal Code Section 6053-B exempting Civic Auditorium lessees from business license fees. Member of the public Joy Fullmer expressed her concerns. Mayor Pro Tempore Genser moved to direct the City Attorney to prepare an amendment to Ordinance 1523 Municipal Civic Code section 6053-B. Second by Councilmember Vazquez. The motion was unanimously approved. Councilmember Katz moved Second by Councilmember approved. to consolidate Items 7-A and 7-B. Zane. The motion was unanimously 7-A: APPEAL/CUP 91-012/CONDOMINIUM/1138-1144 YALE STREET: Presented was the appeal of two Planning Commission conditions of approval (NO. 15 and No. 39) for Conditional Use Permit 91-012 to permit the construction of an 8-unit residential condominium project at 1138-1144 Yale street. Applicant/Appellant: Stark Family Trust c/o Lawrence & Harding. 7-B: APPEAL/CUP 91-013/CONDOMINIUM/1142 18TH STREET: Presented was the appeal of two Planning commission conditions of approval (No. 13 and No. 34) for Conditional Use Permit 91-013 to permit the construction of a 5-unit residential condominium project at 1142 18th street. Applicant/Appellant: Henry Yarmark c/o Lawrence & Harding. council asked questions of staff. Chris Harding J representing both applicants/appellants, spoke in support of the appeal. Council asked questions of staff. Mayor Pro Tempore Genser moved to continue Items 7-A and 7-B to the meeting of July 23, 1991. Second by Councilmember Vazquez. Discussion was held. The motion was unanimously approved 8-A: LANDMARKS AND HISTORIC DISTRICTS: The introduction and first reading amending Chapter 6 of the Santa Monica Municipal Code relating to Historic Districts was continued to the meeting of ordinance for of Article IX Landmarks and July 16, 1991. 4 July 9, 1991 I I I I I I 5 8-B: PREFERENTIAL PARKING ZONE U: The ordinance for introduction and first reading adding Section 3238U to the Santa Monica Municipal Code to establish Preferential Parking Zone U was continued to the meeting of July 16, 1991. 8-C: PREFERENTIAL PARKING ZONE V: The ordinance for introduction and first reading adding section 3238V to the Santa Monica Municipal Code to establish Preferential Parking Zone V was continued to the meeting of July 16, 1991. 8-D: PREFERENTIAL PARKING ZONE W: The ordinance for introduction and first reading adding Section 3238W to the Santa Monica Municipal Code to establish Preferential Parking Zone W was continued to the meeting of July 16, 1991. 8-E: PREFERENTIAL PARKING ZONE X: The ordinance for introduction and first reading adding section 3238X to the Santa Monica Municipal Code to establish Preferential Parking Zone X was continued to the meeting of July 16, 1991. 8-F: DEMOLITION r CONVERSION OR OTHER REMOVAL OF A CONTROLLED RENTAL UNIT FROM THE RENTAL HOUSING MARKET: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code Section 4603 regarding demolition, conversion or other removal of a controlled rental unit from the rental housing market. At 8: 45 P.M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the pUblic hearing at 8:50 P.M. Council asked questions of staff. Councilmember Olsen 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 4603 REGARDING DEMOLITION, CONVERSION, OR OTHER REMOVAL OF A CONTROLLED RENTAL UNIT FROM THE RENTAL HOUSING MARKET," 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, Katz, Olsen, Vazquez, Abdo Holbrook, Zane, Mayor councilmember Katz requested that the record reflect that this does not provide added protection for tenants or owners. 9-A: ULTRA LOW FLOW PLUMBING FIXTURES: Presented was the staff report requesting council to direct the City Attorney to prepare an ordinance requiring installation of ultra-low flow plumbing fixtures in all residential property prior to sale. Council asked questions of staff. Discussion was held. Councilmember Vazquez moved to direct the City Attorney to draft an ordinance requiring the installation of ultra-low flow toilet fixtures, low flow showerheads, flow restricting faucet aerators, and shut-off valves for reverse osmosis water filter systems in all Santa Monica residential properties prior to the sale of the property, including bathrooms, kitchens, service porches, and other 5 July 9, 1991 6 plumbing facilities councilmember Zane. in each unit as appropriate. Second by The motion was unanimously approved. 9-B: TASK FORCE/ENVIRONMENT: The recommendation to establish a I task force on the environment was continued to the meeting of July 16, 1991. 10-A: SIDEWALKS/DRIVEWAYS/CURBS: The public hearing on assessment of costs to repair damaged sidewalks, driveways and curbs (SR-91-l73) was continued to the meeting of July 16, 1991. 10-B: ASSESSMENT DISTRICT/STREET RESURFACING: The public hearing for establishing an assessment district for gutter construction, street resurfacing and repair of damaged sidewalks, driveways and curbs on various City streets in conjunction with the 1990-91 street resurfacing program was continued to the meeting of July 16, 1991. II-A: GANDHI MEMORIAL FOUNDATION/SCULPTURE/PALISADES PARK: Presented was the staff report recommending the installation of "Avataar, If a sculpture by Martine Vaugel, in Palisades Park at the southwest corner of Ocean Avenue and california. Council asked questions of staff. Members of the public Jascha Kessler and Roger Genser spoke in support of the proposal. Councilmember Zane moved to approve Contract No. 5735(CCS), accepting the recommendation of the Arts commission with respect to "Avataar,1I the Gandhi Memorial, and its siting at the California Incline in Palisades Park. Second by Councilmember Katz. Discussion was I held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Katz, Vazquez, Zane, Mayor Abdo Negative: councilmembers Holbrook, Olsen Councilmember Olsen requested that the record reflect that he voted "noli on this item not because of content, but because he feels that the sculpture is too large in size. ll-B: SCULPTURE/NEILSON WAY/OCEAN AVENUE/PICO BOULEVARD: Presented was the staff report recommending that !lUnti tIed," an abstract sculpture by Mauro Staccioli, be accepted and installed on the traffic island at Neilson Way, Ocean Avenue, and pico Boulevard. Council asked questions of staff. Members of the public Roger Genser and Jascha Kessler spoke in support of the proposal. councilmember Olsen moved to approve Contract No. 5736(CCS), authorizing the City Manager to negotiate and execute a contract with the Shoshana Wayne Gallery and Mauro staccioli to donate and install a sculpture at the intersection of Neilson Way, Ocean Avenue, and pico Boulevard. Second by Councilmember Katz. The motion was unanimously approved. 12-A: MOU/SANTA MONICA POLICE OFFICERS' ASSOCIATION: The I resolution authorizing the City Manager to execute a Memorandum of Understanding with the Santa Monica Police Officers I Association was continued to the meeting of July 16, 1991. 6 July 9, 1991 I I I 7 14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Abdo opened the floor to nominations to fill the vacancy on the Architectural Review Board. councilmember Katz moved to reappoint Richard Segal by acclamation to the Architectural Review Board for a four-year term ending June 30, 1995. The motion was duly seconded and unanimously approved. Councilmember Zane moved to continue the remainder of the appointments to the meeting of July 16, 1991. Second by Mayor Pro Tempore Ganser. The motion was approved, Councilmember Olsen opposed. 14-B: WATER HEATERS: Presented was the request of Councilmember Katz to direct the City Attorney to prepare an ordinance which provides that all water heaters located in residential garages be enclosed in a structure. Discussion was held. Councilmember Katz moved to remand this item to staff for study and recommendation and to incorporate into this motion all unenclosed water heaters within all existing structures as well. Second by Councilmember Zane, who asked that this motion include energy conservation issues related to water heaters. It was accepted as friendly by the maker of the motion. The motion was unanimously approved. 14-C: NON-PROFIT HOUSING CONFERENCE: Presented was Councilmember Zane's request to discuss city sponsorship for the Non-Profit Housing Conference to be held in september. Councilmember Zane moved to donate $1,500 for sponsorship of the Non-Profit Housing Conference to be held in September. Second by Councilmember Vazquez. Discussion followed. Councilmember Zane moved to amend his motion to provide for a donation in the amount of $2,500. The motion died for lack of a second. On a call for a vote on the main motion, it was unanimously approved. 14-0: ELECTION AND CAMPAIGN FINANCE REFORM: Presented was the request of Councilmember Zane to discuss beginning a process to evaluate election and campaign finance reform. Councilmember Zane moved to direct the City Attorney to prepare a recommendation, scheduled a study session to be held in September to discuss the recommendation and, following the study session, directed the City Attorney to prepare an ordinance to be presented 45 days thereafter. Second by Councilmember Katz. The motion was unanimously approved. 15: PUBLIC INPUT: Member of the public Joy Fullmer addressed Council regarding the Supreme Court's decision on abortion, welfare, and discrimination against single people in apartments. CLOSED SESSION: At 10:22 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. At 11: 37 P.M., Council reconvened, with councilmembers Genser, Holbrook, Katz, Vazquez, Zane, and Mayor Abdo present. Mayor Abdo announced there was no action taken. 7 July 9, 1991 8 ADJOURNMENT: At 11: 37 P.M. I P.M., July 16, 1991. ATTEST: --~ ' Clarice E. Jo City Clerk the meeting was adj ourned to 6: 00 APPROVED: 9 ~ "7 4,,(, Judy Abdo Mayor 8 July 9, 1991 I I I