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M-7/12/1988 347 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 12, 1988 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 6:35 p.m., on Tuesday, July 12, 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Councilmember David B. Finkel Councilmember Alan S. Katz (arrived at 7:15 p.m.) Councilmember Christine E. Reed Councilmember Dennis Zane Absent: Councilmember William H. Jennings Also Present: City Manager John Jalili Acting City Attorney Joseph Lawrence Acting City Clerk Donna R. Betancourt 55-1: ARMY CORPS session, called by purpose of hearing a on a federal study Discussion was held. OF ENGINEERS/BREAKWATER STUDY: A study special meeting notice, was held for the presentation by the Army Corps of Engineers to restore the Santa Monica breakwater. ADJOURNMENT: At 7:30 p.m., the special meeting was adjourned. CLOSED SESSION: Held later in the evening. REGULAR CITY COUNCIL MEETING The regular meeting of the City Council was called to order at 7:45 p.m. Mayor Pro Tempore H. Katz led the assemblage in the Pledge of Allegiance to the United States of America. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz councilmember David B. Finkel Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Absent: Councilmember william H. Jennings Also Present: city Manager John Jalili city Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt 1 July 12, 1988 I I 348 4-A: COMMENDATIONS: Mayor Conn presented commendations to Captain James Hone, Firefighter, and Police Officer Joe Analco for their recognition as two of the County's outstanding Public Safety Employees. HOUSING AUTHORITY SPECIAL MEETING A special meeting of the Housing Authority was called to order by Chairperson Conn at 7:55 p.m. Roll Call: Present: Chairperson James P. Conn Chairperson Pro Tempore Herbert Katz Authority Member David B. Finkel Authority Member Alan S. Katz Authority Member Christine E. Reed Authority Member Dennis Zane Absent: Authority Member william H. Jennings Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt HA-l: SECTION 8 HOUSING CERTIFICATE PROGRAM: Presented was staff report recommending adoption of a resolution approving the Annual contributions Contract for the section 8 Housing Certificate Program and authorizing the Executive Secretary to execute the contract with the U. S. Department of Housing and Urban Development. Authority Member Finkel moved to approve the staff recommendation, thereby adopting Resolution No. 31 (HAS) entitled: IIA RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING SUPERSEDING PART I AND PART II OF THE SECTION 8 HOUSING CERTIFICATE PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-520 (E) AND AUTHORIZING EXECUTION," reading by title only and waiving further reading thereof, and authorizing the Executive Secretary to execute Contract No. 5178 (HAS) with the u.s. Department of Housing and Urban Development. Second by Authority Member Zane. The motion was approved by the following vote: Authority vote: Unanimously approved 6-0 Absent: Authority Member Jennings HA-2: DESIGNATION OF EXECUTIVE DIRECTOR AND SECRETARY: Presented was a staff report recommending adoption of a resolution designating the city Manager as the Executive Director and the City Clerk as the Secretary for the Housing Authority. Authority Member A. Katz moved to adopt Resolution No. 32 (HAS) entitled: A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA DESIGNATING THE CITY MANAGER AS EXECUTIVE DIRECTOR AND THE CITY CLERK AS SECRETARY OF THE HOUSING AUTHORITY, n reading by title only and waiving further reading thereof. 2 July l2, 1988 349 Second by Chairperson Pro Tempore H. Katz. approved by the following vote: The motion was Authority vote: Unanimously approved 6-0 Absent: Authority Member william Jennings ADJOURNMENT: adjourned. At 8: 00 p. m., the Housing Authority meeting was CITY COUNCIL MEETING RECONVENED 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Mayor Pro Tempore H. Katz moved to approve the Consent Calendar with the exception of Item 6-D, reading resolutions and ordinances by title only and waiving further reading thereof. Second by councilmember Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: councilmember William Jennings 6-A: MINUTES APPROVAL: The city Council minutes of June 14, June 21, and June 28, 1988, were approved. 6-B: FINAL MAP 45310/CONDOMINIUM/923 EUCLID: Resolution No. 7648 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 45310," was adopted, thereby approving Final Map 45310 for a 6-unit condominium project at 923 Euclid Street. 6-C: ENERGY PARTNERSHIP PROGRAM: Resolution No. 7649(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING STAFF TO APPLY FOR PARTICIPATION IN THE CALIFORNIA ENERGY COMMISSION I S ENERGY PARTNERSHIP PROGRAM," was adopted, thereby authorizing staff to apply for assistance under the guidelines of the California Energy Commission's Energy Partnership Program. 6-E: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7651 (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 I REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-88-116)," was adopted, thereby setting a public hearing for August 9, 1988, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. 6-F: 1988 WEED/RUBBISH ABATEMENT ASSESSMENT ROLL: A recommendation that the City Council confirm the costs and assessments resulting from the City of Santa Monica's 1988 Weed and Rubbish Abatement Program was approved. 3 July 12, 1988 I 350 6-G: ELECTRICAL SUPPLIES: Bid No. 2169 was awarded to Consolidated Electrical Distributors at specified unit prices to furnish and deliver wire markers, nipples, nut locks/wire, outlet plates, and miscellaneous electrical supplies for various departments. 6-H: ELECTRICAL SUPPLIES: Electric at specified unit breakers, ballasts, fuses, for various departments. Bid No. 2170 was awarded to Graybar prices, to furnish and deliver circuit and miscellaneous electrical supplies 6-I: ELECTRICAL SUPPLIES: Bid No. 2171 to was awarded to Westwood Wholesale Electric Co. at specified unit prices to furnish and deliver receptacles, box switches, transformers, wires, and miscellaneous electrical supplies for various departments. 6-J: PIPE/PLUMBING SUPPLIES: Bid No. Brandon Supply, Inc. at specified unit deliver bushings, caps, couplings, plugs, departments. 6-K: GALVANIZED NIPPLES: Bid No. 2174 was awarded to Brandon supply, Inc. at specified unit prices to furnish and deliver galvanized nipples for various departments. 2173 was awarded to prices to furnish and and elbows for various 6-L: PIPE/PLUMBING SUPPLIES: Bid No. 2176 was awarded to Brandon Supply, Inc. at specified unit prices to furnish and deliver split sleeves, tees, pipe, and adaptors for various departments. 6-M: GARDENING SUPPLIES: Bid No. 2177 was awarded to Bishop Co. at specified unit prices to furnish and deliver blades, couplers, sprinklers, and miscellaneous gardening supplies for various departments. 6-N: PAVING MIXES/GENERAL SERVICES: Bid No. 2179 was awarded to Industrial Asphalt at specfied unit prices to furnish hot asphalt concrete paving mixes for the streets Division, General Services Department. END OF CONSENT CALENDAR 6-0: CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCIATIONS: Presented was a staff report recommending adoption of a resolution recognizing the California League of City Employee Associations as the representative for City employees formerly represented by Teamsters Local 911. Discussion was held. Councilmember Finkel withdrew from Council discussion and vote on this item due to a possible conflict of interest. Mayor Pro Tempore H. Katz moved to adopt Resolution No. 7650(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RECOGNIZING THE CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCIATIONS (C.L.O.C.E.A.) AS THE REPRESENTATIVE FOR CITY EMPLOYEES FORMERLY REPRESENTED BY 4 July 12, 1988 351 TEAMSTERS LOCAL 911, It reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 5-0 Absent: councilmember Jennnigs Abstain: Councilmember Finkel 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and public hearing on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. The public hearing was declared opened at 8:05 p.m. There being no one wishing to speak, the public hearing was declared closed. Mayor Pro Tempore H. Katz moved to acknowledge any protests and adopt Resolution No. 7652 (CCS) entitled: "A 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-88-114), It reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the fOllowing vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Jennings 8-A: PROGRAM 10/HOUSING ELEMENT: Presented was the matter of an ordinance for introduction and first reading adding Chapter 4B to Article IX of the Municipal Code implementing program 10 of the Housing Element, continued from June 21, 1988. Councilmember Finkel moved to continue this item to September 13, 1988. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved, Councilmember Jennings absent. II-A: WASTE WATER CONTROL REQUIREMENTS: Presented was a staff report recommending approval of waste water control requirements for new developments, and direction to the city Attorney to prepare an emergency waste water control ordinance. Discussion was held. Members of the public Joy Fullmer, Paul Rosenstein, Judy Abdo, Milton swimmer, and Sherman stacey expressed their concerns regarding the proposed emergency ordinance. Discussion was held. Councilmember Zane moved to reduce the standard (recommended in the staff report) from 1. 34 percent new sewage I per year to 1 percent new sewage per year, and to direct the staff to adopt for examination purposes an on-site waste water treatment system, a cut-off point at 75,000 sq. feet, and to return to Council with an examination of the economic implications for a given project. Second by Councilmember Finkel. Discussion was held. Mayor Pro Tempore H. Katz moved an amendment that there be no exemptions. The motion died for lack of a second. Mayor Pro Tempore H. Katz moved a substitute motion to approve the staff recommendations, and to direct the City 5 July 12, 1988 I 352 Attorney to prepare an emergency ordinance for implementation, taking into consideration Council's concerns, and to direct staff to study amending exemption category (a) to include development agreement projects that have existing facilities on-site, giving them a time frame that is realistic, probably based upon when they initially filed, and to use that as a time frame (for granting an exemption) as opposed to just a year. Second by Councilmember Reed. Discussion was held. Councilmember the allowable .56 percent Discussion was Zane moved to amend the substitute motion to reduce annual wastewater growth rate from 1.36 percent to per year. Second by Councilmember Finkel. held. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, Zane, Mayor Conn Negative: Councilmembers A. Katz, H. Ka tz , Reed Absent: councilmember Jennings The substitute motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Reed, Mayor Conn Negative: Councilmember Zane Absent: Councilmember Jennings Councilmember Zane requested the record reflect that he thinks this motion provides far too much latitude for additional sewage into the City since it is at least 2-1/2 times what the current annual average of new increases in sewage is. Councilmember Zane moved to direct staff to return to Council with a strategy for a zero-net option for all new development or, alternatively, a program which requires significant retrofit on the part of existing sewage generation for all new development in the city. Second by Councilmember A. Katz. The motion was unanimously approved, Councilmember Jennings absent. councilmember A. Katz moved to direct staff to report back to Council with any recommendations for adjustments to the amount of the allowable annual wastewater growth rate (1.34 percent) based on the program's operation one year after the adoption of the ordinance, or at the time that the city of Los Angeles passes a permanent ordinance, whichever comes first. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved, councilmember Jennings absent. Il-B: CONSTRUCTION HOURS: Presented was a recommendation to direct the City Attorney to amend the Municipal Code to modify 6 July 12, 1988 353 the permitted hours of construction. Discussion was held. Member of the public Joy Fullmer expressed concerns regarding the impact of construction noise on residents and on the enforcement process. Mayor Pro Tempore H. Katz moved to approve the staff recommendation to modify the permitted hours of construction, with a change to permit construction activity during otherwise prohibited periods when there are no residentially zoned districts within 500 feet of the perimeter of the construction site. Second by Councilmember Reed. Discussion was held. Councilmember Finkel moved a substitute motion to table the matter and refer back to staff for further investigation and to return with recommendations regarding changes. During discussion, councilmember Finkel withdrew the motion to table. with no Objection from the second, the maker amended the main motion to include direction to staff to investigate the matter of modifying the permitted morning hours of construction, and to clarify what constitutes a "public interest. II The motion, as amended, was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Jennings ll-C: CLOVER PARK EXTENSION: Presented was a recommendation to award a contract for the Clover Park Extension to Hacienda Engineering/construction in the amount of $775,112. Discussion was held. Councilmember A. Katz moved to approve the staff recommendation, thereby awarding Contract No. 5179(CCS) for the Clover Park Extension, including construction of the three alternates detailed in the staff report dated July 12, 1988, to Hacienda Engineering and Construction in the amount of $775,112, and authorizing the City Engineer to issue any change orders necessary to complete additional work to the extent of funds available in accordance with the Administrative Instruction on Change Orders, including instruction to staff that if the F.A.A. permits lighting at night, that public hearings concerning the advisability of such lights be held with notice to the immediate neighborhoOdS. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 6-0 Absent: Councilmember Jennings 11-0: PARADE ROUTE/MAIN STREET CONSTITUTION DAY PARADE: Presented was a recommendation to adopt a resolution for approving an alternate parade route on September 17, 1988, requested by the Main Street Constitution Day Parade Committee. David Teck and Ronn S. pickard spoke to request that a parade route on Main street from the RAND property to the southernmost City limits be approved. Discussion was held. Councilmember Reed moved to approve the staff recommendation. Second by Mayor Pro Tempore H. Katz. The motion failed by the following vote: 7 July 12, 1988 I I ~~q council vote: Affirmative: councilmembers H. Katz, Reed Negative: councilmembers Finkel, Zane, Mayor Conn A. Katz, Absent: Councilmember Jennings Discussion was held. Councilmember Reed moved to deny the appeal of the applicant for a full parade route. The motion did not receive a second. councilmember A. Katz moved to reconsider the last vote. Second by councilmember Finkel. The motion was unanimously approved, Councilmember Jennings absent. councilmember A. Katz moved to approve the staff recommendation, thereby adopting Resolution No. 7653 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE HOLDING OF A PARADE ON SEPTEMBER 17, 1988, ON A ROUTE OTHER THAN THE OFFICIAL CITY PARADE ROUTE," reading by title only and waiving further reading thereof, thereby setting the parade date of Saturday, September 17, 1988; setting the parade route for Main street south of Ocean Park Boulevard to the southernmost City limits; and directing the applicant to pay all attendant costs on or before Friday, September 9, 1988, at 5:00 p.m. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Reed Negative: councilmembers Zane, Mayor Conn Absent: Councilmember Jennings Councilmember Zane moved to extend the meeting to 12: 00 a. m. Second by Mayor Pro Tempore H. Katz. The motion was approved, Councilmember Finkel opposed. 11-E: CLOSED SESSION: Held later in the meeting. 12-A: PARCEL MAP 19007/CUP 487/245 HOLLISTER AVENUE: Presented was a recommendation to deny an appeal of the Planning Commission approval of Tentative Parcel Map 19007 and Conditional Use Permit 487 for construction of 4-unit condominium at 245 Hollister Avenue. Applicant: Barbara Coffman & Associates. Appellant: David L. Ganezer, continued from June 21, 1988. Discussion was held. Councilmember Reed moved, to open the public hearing and indicate Council's intention to continue the matter to the next regular meeting. Second by Mayor Pro Tempore H. Katz. During discussion, the maker amended the motion to request a full public hearing at this meeting and that all comments at the continued pUblic hearing on August 9, 1988, address only the issues of landscaping and lighting plans, which are missing at this 8 July 12, 1988 .i:>~ meeting. The motion, as amended, was approved, Mayor Pro Tempore H. Katz opposed. The public hearing was declared opened. James Lunsford spoke on behalf of the appellant. Barbara Coffman spoke as the applicant. David Ganezer, Eileen Ireland, wendy Johnson, Irene Majorca, Paulita Hernandez, Bobby Hernandez, Linda Arvanites, Dennis Goykhman, Alice paelink, Richard Hastings, and steve Spencer spoke in support of the appeal. Donald Lewin Nelson spoke in support of the decision of the Planning Commission. Discussion was held. Councilmember Finkel moved to continue the pUblic hearing and resolution of this matter to the city council meeting of August 9, 1988, at which meeting public speakers may only address the landscaping and lighting elements. Second by Councilmember Reed. The motion was unanimously approved, Councilmember Jennings absent. Mayor Pro Tempore H. Katz moved to extend the meeting to 12:30 a.m. The motion was duly seconded and approved, councilmember A. Katz opposed. 14 -A: POLLUTION REDUCTION PLAN: Presented was the request of Councilmember Zane to discuss the Air Quality Management District Pollution Reduction Plan. Councilmember Zane opened discussion and moved to direct staff to obtain a copy of the Air Quality Management District Pollution Reduction Plan, to evaluate the recommendations directed at local governments, and to evaluate the City's ability to respond in an affirmative way, so as to both meet the City's obligations and to perhaps provide some leadership in the region. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved, Councilmember Jennings absent. 14-B: ECOLQ-HAUL AGREEMENT: Presented was the request of Mayor Pro Tempore H. Katz to discuss the Ecolo-Haul approval of assignment of agreement. Discussion was held. Councilmember Reed moved to direct the City Attorney to prepare an opinion regarding this matter to be agendized for the special City Council meeting of July 19, 1988. Discussion was held. The motion was duly seconded and approved, Councilmember Jennings absent. Items 14-C and ~4-D were proposed for addition to the agenda subsequent to the posting deadline mandated by Government Code Sec. 54954.2 et seg. Such items are added to the agenda for I Council consideration upon two-thirds vote of the entire Council that an emergency exists or that the need to take action arose after the posting deadline. 14-C: OFF-SITE REPLACEMENT OF CITY-OWNED RESIDENTIAL UNITS/1616 AND 1642 OCEAN AVENUE: Presented was the request of Councilmember Zane to discuss directing the City Attorney to prepare a ballot measure to amend the city Charter to permit off-site replacement of City-owned residential units at 1616 and 9 July 12, 1988 I 356 1642 Ocean Avenue. Councilmember Zane moved to add this item to the agenda. Second by Councilmember Finkel. The motion failed, with councilmember Reed and Mayor Pro Tempore H. Katz opposed, councilmember Jennings absent. Therefore, the item was not considered by Council. 14-0: SAND & SEA CLUB FIREWORKS: Presented was the request of Mayor Pro Tempore H. Katz to discuss the request of Drexel Burnham to allow fireworks at the Sand and Sea Club on July 14, 1988. Mayor Pro Tempore H. Katz moved to add this item to the agenda. Second by Councilmember A. Katz. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Zane Negative: Councilmember Reed, Mayor Conn Absent: councilmember Jennings Therefore, the item was not considered by Council. ll-E: CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation, and litigation to be commenced by the City. At 12 : 25 a . m., Council adj ourned to Closed Session to consider the following cases: Evans v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 076 608; and Booth v. city of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 082 913. At 12:54 a.m., Council reconvened with four members present, Councilmembers Jennings, A. Katz, and H. Katz absent. Councilmember Reed moved approval of a settlement in the amount of $28,500 in the case of Booth. Second by Councilmember Finkel. The motion was approved by the fallowing vote: Council vote: Affirmative: Councilmembers Finkel, Reed, Zane, Mayor Conn Absent: councilmembers Jennings, A. Katz, H. Katz ADJOURNMENT: At 12:55 a.m., the Council meeting was adjourned. ATTEST(;. ... :111:~~t~- Donn~~etancourt Acting city Clerk 10 July 12, 1988