CITY OF SANTA MONICA
CITY COUNCIL MEETING 10/08/91
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
4-A: PRESENTATION/CITYTV: Mayor Abdo presented a commendation
to the staff of CityTV for excellence in innovative local
programming.
4-B: PROCLAMATION/SANTA MONICA CONSUMERS' WEEK: Mayor Abdo
presented a proclamation declaring the week of October 20 - 26,
1991, as "Santa Monica Consumers' Week."
At 7:45 P.M., a Housing Authority Special Meeting was convened.
Housing Authority
Roll Call: Present: Chair Judy Abdo
Chair Pro Tempore Ken Genser
Authority Member Robert T. Holbrook
Authority Member Herbert Katz
Authority Member Kelly Olsen
Authority Member Antonio Vazquez
Authority Member Dennis Zane
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Dykhouse
HA-1: MINUTES APPROVAL: Chair Pro Tempore Genser moved to
approve the Housing Authority minutes of August 6, 1991, as
presented. Second by Authority Member Olsen. The motion was
unanimously approved.
HA-2: ANNUAL CONTRIBUTION CONTRACT: Presented was the staff
report recommending adoption of a resolution authorizing the
Executive Director of the Housing Authority to execute the Annual
Contribution Contract. Authority Members asked questions of
staff. Discussion was held. Contract No. 5775(HAS) was approved
and Resolution No. 48(HAS) entitled: "A RESOLUTION OF THE
HOUSING AUTHORITY OF THE CITY OF SANTA MONICA AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE THE ANNUAL CONTRIBUTION CONTRACTS
FOR TWENTY-ONE SECTION 8 CERTIFICATES AND TWENTY-ONE SECTION 8
VOUCHERS," was adopted, reading by title only and waiving further
reading thereof, on the motion of Authority Member Zane, seconded
by Authority Member Vazquez, and carried as follows:
Housing Authority Vote:
Affirmative: Authority Members Genser,
Katz, Olsen, Vazquez, Zane,
Chair Abdo
Abstain: Authority Member Holbrook
At 7:51 P.M., the Special Housing Authority Meeting was adjourned
and the City Council Meeting was reconvened with all members
present.
Councilmember Katz moved to add Item No. 14-D to the agenda.
Second by Councilmember Holbrook. Discussion was held. The
motion was unanimously approved.
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
Olsen moved to approve the Consent Calendar, with the exception
of Item Nos. 6-F, 6-G, 6-H, 6-J, 6-P, 6-Q, and 6-R, reading
resolutions and ordinances 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
6-A: MINUTES APPROVAL: The City Council minutes of September
24, and September 30, 1991, were approved as submitted.
6-B: SEWER SERVICE CHARGES: Ordinance No. 1602(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 7137, 7143A, 7143B, 7143C, AND 7143D OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO SEWER SERVICE CHARGES,"
was adopted.
6-C: UNDERGROUND UTILITY DISTRICT/OLYMPIC BOULEVARD/14TH STREET:
Resolution No. 8299(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA CALLING A PUBLIC HEARING TO
DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE
REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON
OLYMPIC BOULEVARD FROM 5TH STREET TO 11TH STREET AND FOURTEENTH
STREET FROM OCEAN PARK BOULEVARD TO PEARL STREET," was adopted,
thereby setting a public hearing for October 29, 1991, at 7:30
P.M.
6-D: WAIVER OF CERTIFICATE OF APPROPRIATENESS & PLANNING
FEES/LANDMARKS AND STRUCTURES: Resolution No. 8300(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA TO WAIVE CERTIFICATE OF APPROPRIATENESS AND ADMINISTRATIVE
PLANNING FEES FOR DESIGNATED LANDMARKS AND CONTRIBUTING
STRUCTURES WITHIN DESIGNATED HISTORIC DISTRICTS," was adopted.
6-E: LOAN AGREEMENT/LOS ANGELES COUNTY TRANSPORTATION
COMMISSION: Contract No. 5768(CCS) was approved thereby
authorizing the City Manager to negotiate and execute an
agreement for a period not to exceed five years to loan the Los
Angeles County Transportation Commission up to $7 million in
Proposition A discretionary funds currently being held by the
LACTC for the Santa Monica Municipal Bus Lines.
6-I: STATEMENT OF OFFICIAL ACTION/APPEAL/TPC 162/VTTM 50717/848
PACIFIC STREET: The Statement of Official Action containing
findings and conditions of approval of Tenant Participating
Conversion 162 was approved.
6-K: MISCELLANEOUS TRASH BIN PARTS: Bid No. 2363 was awarded to
Consolidated Fabricators Corporation, at specified unit prices,
plus applicable sales tax.
6-L: SECURITY SERVICES/612 COLORADO AVENUE: Bid No. 2367 was
awarded to Sentinel Guard Systems at $4,455 per month to provide
security services for the City's facility at 612 Colorado.
6-M: CIVIL ENGINEER AND ARCHITECT: Resolution No. 8301(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES
FOR THE CLASSIFICATIONS OF CIVIL ENGINEER AND ARCHITECT," was
adopted.
6-N: PHYSICALLY HANDICAPPED PARKING ZONES/1431 OCEAN AVENUE:
Resolution No. 8302(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING TWO PHYSICALLY
HANDICAPPED PARKING ZONES ADJACENT TO 1431 OCEAN AVENUE," was
adopted.
6-O: AID TO CITIES GAS TAX FUND ALLOCATION: $111,638 was
appropriated and Resolution No. 8303(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES
FUNDS TO BE USED IN ACCORDANCE WITH THE GUIDELINES FOR SAID
FUNDS," was adopted.
6-S: RESCHEDULE COUNCIL MEETING: The regular meeting of the
City Council scheduled for October 22, 1991, was cancelled due to
lack of a quorum and will be held on October 29, 1991.
END OF CONSENT CALENDAR
6-F: RUNWAY IMPROVEMENTS: Presented was the recommendation to
authorize the City Manager to negotiate and execute a
professional services agreement with Hodges & Shutt for design of
runway improvements at Santa Monica Airport. Member of the
public Joy Fullmer expressed her concerns. Council asked
questions of staff. Councilmember Zane moved to approve Contract
No. 5769(CCS) with Hodges & Shutt for engineering and
construction inspection services for the runway improvements at
Santa Monica Airport. Second by Councilmember Katz. The motion
was approved by the following vote:
Council vote: Unanimously approved 7-0
6-G: PEDESTRIAN SIGNAL/MAIN STREET: Presented was the
recommendation to award a contract to Steiny and Company, Inc. in
the amount of $40,000 for the installation of a new midblock
pedestrian signal on Main Street between Hollister Avenue and
Ocean Park Boulevard. Member of the public Jesse Small spoke in
opposition to the proposal. Discussion was held. Councilmember
Zane moved to approve Contract No. 5770(CCS) to install a
midblock pedestrian signal on Main Street between Hollister
Avenue and Ocean Park Boulevard to Steiny and Company, Inc., in
the amount of $40,000 and authorize the City Park and Traffic
Engineer to issue any change orders necessary to complete
additional work. Second by Councilmember Katz. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
6-H: MODIFICATION OF TRAFFIC SIGNALS/23RD & PICO/CLOVERFIELD &
PICO: Presented was a recommendation to award a contract to Paul
Gardner Corporation in the amount of $143,307 for the
modification of existing traffic signals at the intersections of
23rd Street and Pico Boulevard, and Cloverfield Boulevard and
Pico Boulevard. Council asked questions of staff. Member of
the public Jesse Small spoke in opposition to the proposal.
Councilmember Katz moved to approve Contract No. 5771(CCS) to
install traffic signals at the intersections of 23rd Street and
Pico Boulevard and Cloverfield Boulevard and Pico Boulevard to
the Paul Gardner Corporation, in the amount of $143,307, and
authorize the City Parking and Traffic Engineer to issue any
change orders necessary to complete additional work. Second by
Councilmember Vazquez. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
6-J: KIDS CITY YOUTH LEADERSHIP CENTER: Presented was the staff
report recommending authorization for the City Manager to
designate Parking Structure 2 as the site for the Kids City Youth
Leadership Center, and negotiate and execute a contract with
Carde Ten Architects for architectural and engineering services
to design the Kids City Youth Leadership Center in an amount not
to exceed $73,000. Council asked questions of staff. Member of
the public Joy Fullmer expressed her concerns. Discussion was
held. Councilmember Zane moved to authorize the City Manager to
designate Parking Structure 2 as the site for the Kids City Youth
Leadership Center, and approve Contract No. 5772(CCS) with Carde
Ten Architects for architectural and engineering services to
design the Kids City Youth Leadership Center in an amount not to
exceed $73,000. Second by Mayor Pro Tempore Genser. Discussion
was held. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
6-P: INTERIM FINANCING/GARCIA APARTMENTS: Presented was a
request for authorization to provide additional three-month
interim financing for a 30-unit new construction affordable
housing project. Council asked questions of staff. Members of
the public Doris Ganga and Geraldine Moyle spoke in support of
the proposal. Member of the public Art Casillas expressed his
concerns. Councilmember Katz moved to approve an additional
bridge loan not to exceed three months to the developer,
Community Corporation of Santa Monica, in an amount not to exceed
$425,000, based upon the terms and conditions outlined in the
staff report. Second by Councilmember Vazquez. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
6-Q: RESTORATION/BILLIARD BUILDING/SANTA MONICA PIER: Presented
was a recommendation to award a contract to Unique Builders in
the amount of $604,250 for the restoration of the Billiard
Building on the Santa Monica Pier. Member of the public Joy
Fullmer expressed her concerns. Council asked questions of
staff. Discussion was held. Councilmember Zane moved to
approved Contract No. 5773(CCS) for the restoration of the
Billiard Building on the Santa Monica Pier to Unique Builders, in
the amount of $604,250. Second by Councilmember Katz. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
6-R: YOUTH CENTER/POLICE ACTIVITIES LEAGUE: Presented was a
recommendation to award a contract to DTEC Construction in the
amount of $860,000.00 to build a youth center for the Santa
Monica Police Activities League. Member of the public Joy
Fullmer expressed her concerns. Member of the public Kathleen
Schwallie spoke in support of the proposal. Council asked
questions of staff. Discussion was held. Councilmember Zane
moved to move $184,672 from Asset Forfeitures to the General
Fund, appropriate $184,672 to the new General Fund CIP account,
award Contract No. 5774(CCS), a design-build construction
contract for Santa Monica Police Activities League activities
center, to DTEC Construction, Inc., in the amount of $860,000,
and authorize the City Engineer to issue any necessary change
orders. Second by Councilmember Olsen. Discussion was held.
The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
7-A: APPEAL/TPC 150/2021 CLOVERFIELD BOULEVARD: Presented was
the appeal of a Planning Commission denial of Tenant
Participating Conversion 150 to allow the conversion of an eight
unit apartment building to condominiums at 2021 Cloverfield
Boulevard. Applicant/Appellant: Sunisa Pongputmong.
Applicant/Appellant Sunisa Pongputmong spoke in support of the
appeal and the project. Council asked questions of the
Applicant/Appellant. Member of the public James Jacobsen,
representing the applicant/appellant, spoke in support of the
appeal and the project. Council asked questions of Mr. Jacobsen.
Mayor Pro Tempore Genser moved to refer this item to a hearing
examiner for determination of fraud or coercion and return to
Council with a transcript of the hearings. Second by
Councilmember Katz. Discussion was held. Mayor Pro Tempore
Genser moved to amend his motion to a continuation of this item
to the meeting of December 10, 1991. The amendment was accepted
as friendly. Council asked questions of staff. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Katz, Olsen, Mayor Abdo
Negative: Councilmembers Vazquez, Zane
Councilmember Vazquez requested that the record reflect that he
voted "no" on this item as he believes that it will set a
precedent.
Councilmember Zane requested that the record reflect that he
voted "no" on this item because he believes that it is clear that
the burden of proof on the property owner has not been
established, that this was a knowing, willful participation by
all tenants concerned and he feels that this means it should be
denied.
At 9:55 P.M., Council adjourned for a short recess. Council
reconvened at 10:20 P.M. with all members present.
Councilmember Katz moved to continue Item Nos. 9-D and 10-C to
the meeting of October 15, 1991, as Study Sessions, and continue
Item Nos. 9-C and 14-D to the meeting of October 15, 1991.
Second by Councilmember Vazquez. The motion was unanimously
approved.
8-A: PREFERENTIAL PARKING ZONE L: Presented was an ordinance
for second reading and adoption amending Santa Monica Municipal
Code Section 3238L to expand Preferential Parking Zone L around
Santa Monica College. Councilmember Katz moved to adopt
Ordinance No. 1603(CCS) 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: Unanimously approved 7-0
9-A: REVISED WASTEWATER RATE STRUCTURE/INCREASE IN CONNECTION
FEES: Presented was the staff report recommending adoption of a
resolution revising the wastewater service charge and the
wastewater (sewer) connection fees, and revision of the
appropriate revenue budget to reflect the additional sewer
service charge. Member of the public Joy Fullmer expressed her
concerns. Mayor Abdo moved to revise the appropriate revenue
budgets and adopt Resolution No. 8304(CCS) entitled: "A
RESOLUTION OF THE CITY OF SANTA MONICA ESTABLISHING A SEWER
SERVICE CHARGE AND A SEWER CONNECTION FEE," 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
9-B: ZONING ORDINANCE AMENDMENTS/PERMIT TERMS AND EXTENSIONS:
Presented was the staff report recommending direction to the City
Attorney to prepare Zoning Ordinance text amendments and a
Resolution of Intention for the consideration of the Planning
Commission regarding permit terms and extensions. Council asked
questions of staff. Mayor Pro Tempore Genser moved to extend the
meeting to 12:00 Midnight. Second by Councilmember Katz. The
motion was unanimously approved. Member of the public Stephen
Alpert spoke in opposition to time extensions being granted by
anyone other than an official who is accountable to the public.
Discussion was held. Mayor Pro Tempore Genser moved to direct
the City Attorney to prepare Zoning Ordinance text amendments and
a Resolution of Intention for the consideration of the Planning
Commission including, from the staff report as follows: 1)
paragraph 1 with an amendment to change eighteen months to
fifteen months; 2) paragraph 2 as is; 3) paragraph 3 as is; 4)
paragraph 4 as is; 5) eliminate paragraph 5; 6) paragraph 6 as is
in substance, but with the addition that there should also be a
standard to verify that the permit will lapse if there is not
diligent progress in the exercise of the rights of the building
permit; and, 7) paragraph 7 as is. Second by Mayor Abdo with the
understanding that an option be included for permit extensions
for unforeseen circumstances. Further discussion followed with
Mayor Abdo withdrawing her second. Motion was seconded by
Councilmember Olsen. Councilmember Katz moved a substitute
motion to direct the City Attorney to prepare Zoning Ordinance
text amendments and a Resolution of Intention for the
consideration of the Planning Commission including, from the
staff report as follows: 1) paragraph 1 as is; 2) paragraph 2 as
is; 3) paragraph 3 as is; 4) paragraph 4 leave time period blank
and elicit input from the Planning Commission and public
testimony to determine a reasonable time period; 5) same as 4,
above, and determine what items, if any, need to be defined for
discretionary permits; 6) paragraph 6 as is. Second by
Councilmember Holbrook. Discussion was held. Councilmember Katz
withdrew his motion. Councilmember Zane moved to amend the
motion with respect to item number 5 of Mayor Pro Tempore
Genser's motion that consideration be given to any discussion of
the implications whether discretionary approvals by the
discretionary public body might be granted for a one-time
six-month extension if there has been no change in the zoning
standards nor in the process initiated which might change those
standards with respect to the subject property. Second by
Councilmember Holbrook. Discussion was held. The amendment was
approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Katz,
Vazquez, Zane, Mayor Abdo
Negative: Councilmembers Genser, Olsen
The main motion, including the amendment, was approved by the
following vote:
Council vote: Affirmative: Councilmembers Holbrook, Katz,
Vazquez, Zane, Mayor Abdo
Negative: Councilmembers Genser, Olsen
9-C: LOCAL COASTAL PROGRAM: The resolution adopting the Local
Coastal Program and transmitting the Local Coastal Program to the
California Coastal Commission was continued to the meeting of
October 15, 1991.
9-D: ELECTION AND CAMPAIGN FINANCING REFORMS: The discussion
regarding election and campaign financing reforms was continued,
as a Study Session item, to the meeting of October 15, 1991.
9-E: CLOSED SESSION: Held at end of meeting.
10-A: STREETLIGHTING DISTRICT/SIXTH STREET: Presented was the
public hearing on a proposed streetlighting district on Sixth
Street between Santa Monica Boulevard and Arizona Avenue. At
11:55 P.M., Mayor Abdo opened the public hearing. There being no
one wishing to speak, Mayor Abdo closed the public hearing.
Councilmember Olsen moved to adopt Resolution No. 8305(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA FINDING THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES THE
CONSTRUCTION OF STREET LIGHTING AND APPURTENANT WORK AND ORDERS
WORK TO BEGIN ON SIXTH STREET BETWEEN SANTA MONICA BOULEVARD AND
ARIZONA AVENUE AS SET FORTH IN RESOLUTION OF INTENTION NUMBER
8287(CCS)," reading by title only and waiving further reading
thereof. Second by Councilmember Vazquez. The motion was
approved by the following vote:
Council vote: Unanimously approved
10-B: SIDEWALKS/DRIVEWAYS/CURBS: Presented was the public
hearing on assessment of costs to repair damaged sidewalks,
driveways and curbs at various locations (SR-91-176). Council
asked questions of staff. At 11:57 P.M., Mayor Abdo declared the
public hearing open. Member of the public David Naim spoke in
opposition to assessing property owners for damage to sidewalks
caused by City-owned trees. Mayor Abdo closed the public hearing
at 12:00 Midnight. Councilmember Olsen moved to acknowledge the
protest and adopt Resolution No. 8306(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-91-176),"
reading by title only and waiving further reading thereof.
Second by Councilmember Katz. The motion was approved by the
following vote:
Council vote: Unanimously approved 7-0
10-C: MAIN STREET MASTER PLAN: The public hearing on adoption
of the Main Street Master Plan and direction to the City Attorney
to prepare an ordinance was continued, as a Study Session item,
to the meeting of October 15, 1991.
11-A: CHARTER REVIEW COMMISSION: Presented was the staff report
recommending the appropriation of $20,000 to provide technical
and staff assistance to the Charter Review Commission. Council
asked questions of staff. Councilmember Katz moved to extend the
meeting to 12:45 A.M. Second by Mayor Pro Tempore Genser. The
motion was unanimously approved. Councilmember Katz moved to
approve an appropriation in the amount of $20,000 for the purpose
of providing analytic support to the Charter Review Commission.
Second by Councilmember Zane. Discussion was held. The motion
failed by the following vote:
Council vote: Affirmative: Councilmembers Katz, Vazquez, Zane,
Mayor Abdo
Negative: Councilmembers Genser, Holbrook,
Olsen
Discussion followed. Councilmember Zane moved to provide staff
assistance to the Charter Review Commission for policy options in
the amount of $10,000. Second by Mayor Abdo. Discussion was
held. The motion was withdrawn by Councilmember Zane.
Councilmember Zane moved to continue this item to October 15,
1991. Second by Mayor Abdo. The motion was unanimously
approved.
13-A: BRANDON MAC NEAL/THIRD STREET PROMENADE: Brandon MacNeal
withdrew his request to address Council regarding 1400 Third
Street Promenade.
14-A: NOTICE OF VACANCY/PIER RESTORATION CORPORATION:
Councilmember Zane moved to authorize the City Clerk to publish
and post a Notice of Vacancy inviting applicants to apply for
positions on the Pier Restoration Corporation Board of Directors.
Second by Mayor Pro Tempore Genser. The motion was unanimously
approved.
14-B: WAIVER OF FEES/STATE OF CALIFORNIA PUBLIC UTILITIES
COMMISSION: Councilmember Holbrook moved to approve the waiver
of fees for use of the Council Chambers by the State of
California Public Utilities Commission on Monday, October 28,
1991. Second by Mayor Pro Tempore Genser. The motion was
unanimously approved.
14-C: PROTECTION OF STREET TREES: Councilmember Zane presented
his request to discuss the interpretation and intent of City
ordinances protecting street trees. Councilmember Zane moved to
direct the City Attorney to draft a moratorium regarding the
destruction of trees in the front yards of property until after a
review of City policy. Discussion was held. The motion died for
lack of a second. Councilmember Zane moved to continue this item
to the meeting of October 15, 1991. Second by Mayor Abdo. The
motion was unanimously approved.
14-D: HOMELESS SITUATION: The request of Councilmember Katz to
discuss the homeless situation and the City Attorney's memo of
October 7, 1991, was continued to the meeting of October 15,
1991.
9-E: CLOSED SESSION: At 12:05 A.M., Council adjourned to Closed
Session to consider the case of City v. Demetriou, Los Angeles
Superior Court Case No. C 751 733.
At 12:45 A.M., Council reconvened with all members present.
Mayor Abdo announced there was no action taken.
15: PUBLIC INPUT: Beloved Quail addressed Council and expressed
his concerns as a homeless person.