CITY OF SANTA MONICA
CITY COUNCIL MEETING 10/29/91
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.
6-L, 6-N, 6-O, 6-P, 6-R, 6-S, 6-T, 6-V, and 6-W 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 Holbrook, Katz,
Olsen, Vazquez, Zane, Mayor
Abdo
Absent: Mayor Pro Tempore Genser
6-A: MINUTES APPROVAL: The City Council minutes of October 8,
1991, were approved as submitted and the minutes of October 15,
1991, were approved as corrected.
6-B: FINAL SUBDIVISION MAP/TRACT NO. 47981/ CONDOMINIUMS/2311
SCHADER DRIVE: Resolution No. 8309(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND
APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47981 FOR A
PROJECT AT 2311 SCHADER DRIVE," was adopted, thereby approving a
10-unit condominium project at 2311 Schader Drive.
Staff Report
6-C: FINAL SUBDIVISION MAP/TRACT NO. 49828/CONDOMINIUMS/126
PACIFIC STREET: Resolution No. 8310(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO.
49828 FOR A PROJECT AT 126 PACIFIC STREET," was adopted, thereby
approving a 5-unit condominium project at 126 Pacific Street.
Staff Report
6-D: FINAL SUBDIVISION MAP/TRACT NO. 50205/TPC-132/2000-16
WASHINGTON/1001-1001A 20TH STREET: Resolution No. 8311(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT
NO. 50205," was adopted, thereby approving an 11-unit
tenant-participating conversion at 2000-16 Washington/1001-1001A
20th Street.
Staff Report
6-E: FINAL SUBDIVISION MAP/TRACT NO. 50459/CONDOMINIUMS/521 PIER
AVENUE: Resolution No. 8312(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 50459 FOR A PROJECT AT 521
PIER AVENUE," was adopted, thereby approving a 5-unit condominium
project at 521 Pier Avenue.
Staff Report
6-F: SETBACK REQUIREMENTS/1733 OCEAN AVENUE/MAGUIRE THOMAS
PARTNERS: In consideration of setback requirements for the
project located at 1733 Ocean Avenue pursuant to a development
agreement with Maguire Thomas Partners, Council determined that a
20' setback on the east side of Ocean Avenue is appropriate and
did not act to vacate a portion of First Court Alley at this
time.
Staff Report
6-H: INSTALLATION OF STREET LIGHTS: Resolution No. 8314(CCS)
entitled: "A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA OF SETTING A PUBLIC HEARING FOR THE PURPOSE
OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION OF STREETLIGHTING AND
DECLARING ITS INTENTION TO CONSTRUCT STREETLIGHTING AND
APPURTENANT WORK ON TWENTY-FOURTH STREET FROM WILSHIRE BOULEVARD
TO ARIZONA AVENUE AS SHOWN ON CITY DRAWING NO. 10032, WITHIN THE
CITY OF SANTA MONICA," was adopted, thereby setting a public
hearing date of November 26, 1991.
Staff Report
6-J: LEASES/COLORADO AVENUE/THIRD STREET PROMENADE: Contract
Nos. 5784(CCS) with Alitta, Inc. for space at 602-A Colorado
Avenue, 5785(CCS) with Mudra, Inc. for space at 1400-A Third
Street Promenade, and 5786(CCS) with Keely's Kites for space at
1400-B Third Street Promenade, were approved.
Staff Report
6-M: DRY CAUSTIC SODA: Bid No. 2370 was awarded to Jones
Chemicals, Inc. at specified unit prices for dry caustic soda for
the Water Division, General Services Department.
Staff Report
6-U: INSTALL FRONT LOADING REFUSE BODY AND SIDE LIFT POCKETS ON
EXISTING TRUCK: Bid No. 2380 was awarded to Compaction Control
Industries, Inc. at specified prices to install a 22-cubic yard
front loading refuse body and side lift pockets on an existing
truck for the Beach Maintenance Division, Cultural and Recreation
Services Department.
Staff Report
6-X: STUDY ON TOXIC CHEMICALS IN STORM DRAINS: Contract No.
5787(CCS) with American Oceans Campaign was approved for
completion of a study on toxic chemicals in storm drains.
Staff Report
6-Y: BAYSAVER PROGRAM: Budget adjustments were made to
appropriate water mitigation revenues in the amount of $500,000
to the BAYSAVER program account to fund eligible plumbing fixture
retrofit.
Staff Report
END OF CONSENT CALENDAR
6-A: MINUTES APPROVAL: Councilmember Zane moved to approve the
City Council minutes of October 1, 1991, as submitted. Second by
Councilmember Vazquez. The motion was approved, Mayor Pro
Tempore Genser absent and Councilmember Katz abstaining.
Mayor Pro Tempore Genser reported present at 7:45
P.M.
6-G: REFUSE AND RECYCLING SERVICE COLLECTION SCHEDULE:
Presented was a staff report recommending adoption of a
resolution relating to frequency of refuse and recycling service
and collection for smaller size multi-family buildings. Member
of the public Joy Fullmer expressed her concerns. Council asked
questions of staff. Councilmember Katz moved to adopt Resolution
No. 8313(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A REFUSE AND RECYCLING SERVICE
COLLECTION SCHEDULE FOR MULTI-FAMILY DISTRICTS," reading by title
only and waiving further reading thereof. Second by
Councilmember Holbrook. The motion was approved by the following
vote:
Staff Report
Council vote: Unanimously approved 7-0
6-I: WASTEWATER ENTERPRISE REVENUE BONDS/HYPERION WASTEWATER
TREATMENT PLANT: Presented was a staff report recommending the
adoption of a resolution authorizing issuance of wastewater
revenue bonds for the Hyperion project and approving forms of
notices, indenture, preliminary official statement and other
matters related thereto. Member of the public Joy Fullmer
expressed her concerns. Mayor Pro Tempore Genser moved to adopt
Resolution No. 8315(CCS) entitled: "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE ISSUANCE OF
NOT TO EXCEED $35,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF
SANTA MONICA WASTEWATER ENTERPRISE REVENUE BONDS (HYPERION
PROJECT), 1991 SERIES A, APPROVING THE FORMS OF A NOTICE INVITING
BIDS AND A NOTICE OF INTENTION TO SELL, THE EXECUTION AND
DELIVERY OF AN INDENTURE AND THE PREPARATION OF AN OFFICIAL
STATEMENT AND OTHER MATTERS RELATED THERETO," reading by title
only and waiving further reading thereof. Second by
Councilmember Katz. The motion was approved by the following
vote:
Staff Report
Council vote: Unanimously approved 7-0
6-K: STATEMENT OF OFFICIAL ACTION/APPEAL/CUP 91-020/301 SANTA
MONICA PIER: Councilmember Zane moved to continue this item to
the meeting of November 12, 1991, as requested by the applicant.
Second by Councilmember Katz. The motion was unanimously
approved.
Staff Report
6-L: MISCELLANEOUS RECYCLED PAPER: Presented was a staff report
recommending that the award of Bid No. 2369 be made to La Salle
Paper Company at specified unit prices, plus applicable sales
tax. Council asked questions of staff. Member of the public Joy
Fullmer expressed her concerns. Councilmember Holbrook moved to
award Bid No. 2369 to La Salle Paper Company at specified unit
prices for miscellaneous recycled paper for various departments.
Second by Councilmember Katz. The motion was approved by the
following vote:
Staff Report
Council vote: Unanimously approved 7-0
6-Q: FORKLIFT TRUCK: Withdrawn at request of staff.
Staff Report
Councilmember Zane moved to consolidate Item Nos. 6-N, 6-O, 6-P,
6-R, 6-S, 6-T, 6-V, and 6-W, and waive further reading of the
individual items. Second by Councilmember Vazquez. The motion
was unanimously approved. Discussion was held. Councilmember
Olsen moved to award the individual bids to purchase vehicles as
described in item numbers 6-N, 6-O, 6-P, 6-R, 6-S, 6-T, 6-V, 6-W
below, and directed staff to vigorously investigate
cleaner-burning alternative fuel vehicles. Second by
Councilmember Katz. The motion was approved by the following
vote:
Council vote: Unanimously approved 7-0
6-N: CAB AND CHASSIS: Bid No. 2371 was awarded to Roadline
Products, Inc., in the amount of $39,192.79 for one new Cab and
Chassis with Special Body for the Traffic Operations Division,
Land Use and Transportation Management Department.
Staff Report
6-O: TWO CAB AND CHASSIS WITH 2 YARD DUMP BODY: Bid No. 2372
was awarded to Santa Monica Ford in the amount of $35,005.04 for
two new and unused 11,000 gross vehicle weight rated cab and
chassis with 2 yard dump body for the Parks Division, Cultural
and Recreation Services Department, and the Street Maintenance
Division, General Services Department.
Staff Report
6-P: TWO CAB AND CHASSIS WITH DUMP BODY: Bid No. 2373 was
awarded to Thorson GMC Buick in the amount of $69,449.96 for two
cab and chassis with dump body for the Parks and Tree Maintenance
Divisions, Cultural and Recreation Services Department.
Staff Report
6-R: CAB AND CHASSIS WITH STAKE BED AND LIFT GATE: Bid No.
2376 was awarded to Reynolds Buick in the amount of $19,516.25
for one cab and chassis with stake bed and lift gate for the
Parks Division, Cultural and Recreation Services Department.
Staff Report
6-S: CAB AND CHASSIS WITH DUMP BODY: Bid No. 2378 was awarded
to Reynolds Buick in the amount of $33,504.45 for one cab and
chassis with dump body for the Parks Division, Cultural and
Recreation Services Department.
Staff Report
6-T: PICKUP TRUCK: Bid No. 2379 was awarded to Downey Auto
Center in the amount of $16,013.42 for one pickup truck for the
Beach Maintenance Division, Cultural and Recreation Services
Department.
Staff Report
6-V: 3/4-TON PICKUP TRUCK: Bid No. 2365 was rejected and the
rebid requirement was approved for a 3/4-ton pickup truck for the
Environmental Programs Division, City Manager Department.
Staff Report
6-W: TRUCK TRACTOR: Bid No. 2366 was awarded to Boerner Motor
Company in the amount of $29,897.57 for one truck tractor for the
Solid Waste Management Division, General Services Department.
Staff Report
7-A: APPEAL/VARIANCE 90-039/WAIVER OF PARCEL MAP 90-001/2039-
2045 11TH STREET: Presented was 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' depth required at 2039-2045 11th Street.
Applicant/Appellant: Robert Baron & David Gallenson. Council
asked questions of staff. David Shell, on behalf of the
Applicant/Appellant, spoke in support of the appeal. Council
asked questions of Mr. Shell. Applicant/Appellant David
Gallenson spoke in support of the appeal. Discussion was held.
There was no one wishing to speak from the audience. Mayor Pro
Tempore Genser moved to deny the variance because there is no
parcel before Council on which to apply the variance, and that in
the event that conclusion proves to be not true, to deny the
variance because of the inability to adopt the required findings
for such a variance and to make the findings as they are stated
in the Statement of Official Action (and the original staff
report). Second by Councilmember Olsen. Discussion was held.
The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Negative: Councilmember Katz
Councilmember Katz requested that the record reflect that he
voted "no" on this item in the interest of the human element and
common sense and would not support denial on a technicality which
is unique to this situation.
At 9:00 P.M., Council adjourned for a short recess. Council
reconvened at 9:35 P.M. with all members present.
7-B: RECONSIDERATION/APPEAL/CUP 90-075/VESTING TTM
50221/CONDOMINIUMS/1226 11TH STREET: Presented was the
reconsideration of the appeal involving a design review of
Conditional Use Permit 90-075 and vesting Tentative Tract Map
50221 to allow the construction of a six-unit condominium project
at 1226 11th Street. Applicant/Appellant: Lance Lentz. Council
asked questions of staff. Mayor Pro Tempore Genser moved to hear
the applicant for ten minutes and then hear the public for three
minutes each. Second by Councilmember Olsen. Discussion was
held. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Mayor Abdo
Negative: Councilmember Katz, Zane
Rosario Perry, speaking on behalf of the Applicant/Appellant,
spoke in support of the appeal. Council asked questions of
staff. Members of the public Syd Jurin, Merritt Coleman, and
Susan Suntree spoke in opposition to the appeal. Member of the
public Dave Paley spoke in opposition to the appeal and to the
project as a whole. Rosario Perry presented a rebuttal. Steven
Sorgdrager, representing the Applicant/Appellant, spoke in
support of the appeal. Councilmember Zane moved to approve the
project at the 40' height and the setbacks per the prior
approval, with 6 units, two of which will be approximately 1,100
square feet, on the third floor, as proposed. Second by
Councilmember Katz. Discussion was held. Councilmember Katz
moved to amend the motion to include careful review of parking by
the Traffic Engineer. The motion was accepted as friendly.
Councilmember Katz moved to extend the meeting to 12:00 Midnight.
Second by Councilmember Zane. The motion was approved, Mayor Pro
Tempore Genser opposed. Discussion continued. Councilmember
Zane moved to revise his motion to reflect that this item should
be remanded to the Planning Commission for review of the other
planning-related issues on which the Council is not deliberating.
The amendment was accepted by the seconder. Discussion was held.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Katz,
Vazquez, Zane, Mayor Abdo
Negative: Councilmembers Genser, Olsen
8-A: TRANSPORTATION MANAGEMENT PLAN: Presented was the
resolution certifying the Environmental Impact Report (EIR) and
Ordinance for introduction and first reading entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
CHAPTER 2B TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO
REQUIRE NEW AND EXISTING NON-RESIDENTIAL DEVELOPMENT PROJECTS TO
ADOPT WORKSITE TRANSPORTATION PLANS AND TO PAY TRANSPORTATION
IMPACT FEES TO REDUCE TRAFFIC CONGESTION AND IMPROVE AIR QUALITY
IN THE CITY," reading by title only and waiving further reading
thereof. Council asked questions of staff. At 11:25 P.M., Mayor
Abdo declared the public hearing open. Member of the public Tom
Larmore spoke in support of the proposed ordinance. Members of
the public Joy Fullmer and Saxe Dobrin expressed their concerns.
Member of the public Norma Gonzales spoke in support of the
ordinance with amendments. Mayor Abdo closed the public hearing
at 11:55 P.M. Discussion was held. Councilmember Olsen moved to
extend the meeting to 1:00 A.M. Second by Mayor Abdo. The
motion was approved, Councilmember Katz opposed. Mayor Pro
Tempore Genser moved to amend the proposed ordinance as follows:
1) page 4, subsection (f), to read, "Achieve City-wide commuter
Average Vehicle Ridership of 1.5 within three (3) years."; 2)
page 17, subsection (b)(2) to read, "Fees shall apply to
developers who have not received certificates of occupancy as of
the effective date of the adoption of the developer impact fee.";
3) page 19, SECTION 9226, line two to read, "...Transportation
Plans. Employers of fifty or more employees and developers shall
prepare..."; 4) page 7, last sentence of the third paragraph
change the sentence beginning "Individuals..." to read,
"Employers of individuals utilizing a guaranteed ride home
service will not be penalized..." and introduce the ordinance for
first reading. Second by Councilmember Zane. The motion was set
aside for a moment. Councilmember Zane moved to adopt Resolution
No. 8316(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT ON THE TRANSPORTATION MANAGEMENT PLAN," reading by title
only and waiving further reading thereof. Second by
Councilmember Katz. The motion was approved by the following
vote:
Staff Report
Council vote: Unanimously approved 7-0
The original motion was approved by the following vote:
Council vote: Unanimously approved 7-0
8-B: USE OF PUBLIC RESTROOMS: Presented was an ordinance for
introduction and first reading adding Section 4214 to the Santa
Monica Municipal Code regulating the use of public restrooms.
Council asked questions of staff. At 12:01 A.M., Mayor Abdo
declared the public hearing open. There being no one wishing to
speak, Mayor Abdo closed the public hearing. Councilmember Katz
moved to introduce for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
SECTION 4214 TO THE SANTA MONICA MUNICIPAL CODE REGULATING THE
USE OF PUBLIC RESTROOMS," reading by title only and waiving
further reading thereof. Second by Councilmember Vazquez. The
motion was approved by the following vote:
Staff Report
Council vote: Unanimously approved 7-0
9-A: SIGNIFICANT TRAFFIC IMPACT: Councilmember Katz moved to
continue this item to a Study Session at a future meeting.
Second by Mayor Pro Tempore Genser. The motion was unanimously
approved.
Staff Report
9-B: CLOSED SESSION: Held at end of meeting.
10-A: ELECTRIC POWER LINES: Presented was the public hearing on
placement of electric power lines underground in certain areas of
the City and their submission to utility companies for funding.
At 12:05 A.M., Mayor Abdo declared the public hearing open.
There being no one wishing to speak, Mayor Abdo closed the public
hearing. Councilmember Katz moved to adopt Resolution No.
8317(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA FINDING THAT THE PUBLIC NECESSITY, HEALTH, SAFETY
AND WELFARE REQUIRES, WITHIN CERTAIN DESIGNATED AREAS, THE
UNDERGROUND INSTALLATION OF WIRES AND FACILITIES SUPPLYING
ELECTRIC, COMMUNICATION OR SIMILAR OR ASSOCIATED SERVICES AND
DESIGNATING SUCH CERTAIN AREAS AS UNDERGROUND UTILITY DISTRICTS
AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED
OVERHEAD STRUCTURES WITHIN SUCH DISTRICTS AND THE UNDERGROUND
INSTALLATION OF SUCH WIRES AND FACILITIES," reading by title only
and waiving further reading thereof. Second by Mayor Pro Tempore
Genser. The motion was approved by the following vote:
Staff Report
Council vote: Unanimously approved 7-0
12-A: MEMORANDUM OF UNDERSTANDING/ADMINISTRATIVE TEAM
ASSOCIATION. Considered at end of meeting.
13-A: TOM REVEILLE: Tom Reveille addressed Council regarding
the Police Department and bicycle licensing. No action was
taken.
14-A: HOMELESS SITUATION: Presented was Councilmember Katz's
request to discuss the homeless situation and the City Attorney's
memo of October 7, 1991. Discussion was held. Councilmember
Katz moved to continue this item to a Closed Session on November
12, 1991. Second by Mayor Pro Tempore Genser. Discussion was
held. The motion was unanimously approved.
14-B: OUTDOOR ALCOHOL SERVICE POLICY/THIRD STREET PROMENADE: The
request of Councilmember Holbrook to address Council regarding
outdoor alcohol service policy on the Third Street Promenade was
continued to the meeting of November 12, 1991.
14-C: APPOINTMENT/MOSQUITO ABATEMENT DISTRICT: The appointment
of a member to the Mosquito Abatement District was continued to
the meeting of November 12, 1991.
14-D: AMICUS CURIAE BRIEF: Mayor Abdo moved to authorize the
City Attorney to file an Amicus Curiae Brief in the United States
Supreme Court and allocate $25,000 for expenses. Second by Mayor
Pro Tempore Genser. Council asked questions of staff. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
14-E: LETTER OF RESIGNATION/RANDI JOHNSON: Mayor Pro Tempore
Genser moved to accept the letter of resignation from Randi
Johnson from the Recreation and Parks Commission with regret and
authorize the City Clerk to publish a Notice of Vacancy. Second
by Councilmember Katz. The motion was unanimously approved.
15: PUBLIC INPUT: Member of the public Art Casillas addressed
Council regarding police problems in Pico Neighborhood.
At 12:30 A.M., Council adjourned to Closed Session to consider
Item No. 12-A and the following cases: City of Santa Monica v.
Solberg & Lowe, Los Angeles Superior Court Case Number C 727 047,
Sakakura America, Inc. v. City of Santa Monica, Los Angeles
Superior Court Case Number B0030112, Jones v. City of Santa
Monica et al., Santa Monica Superior Court Case Number WEC 100
365, and Swaner, et al. v. City of Santa Monica, et al., Santa
Monica Superior Court Case Number WEC 70622.
At 1:15 A.M., Council reconvened with all members present.
12-A: MEMORANDUM OF UNDERSTANDING/ADMINISTRATIVE TEAM
ASSOCIATES: Presented was the staff report recommending that
Council adopt a resolution authorizing the City Manager to
execute a Memorandum of Understanding with Administrative Team
Associates. Mayor Pro Tempore Genser moved to approve Contract
No. 5788(CCS) with Administrative Team Associates and adopt
Resolution No. 8318(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE ADMINISTRATIVE
TEAM ASSOCIATES", 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 7-0
9-B: CLOSED SESSION: Councilmember Vazquez moved to approve
settlement in the case of Jones v. City of Santa Monica in the
amount of $215,653.46. Second by Mayor Abdo. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0