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M-2/22/1994 I I I 39 CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 22, 1994 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Abdo at 6.45 P.M on Tuesday, February 22, 1994, III the CouncIl Chambers. Roll Call Present Mayor Judy Abdo Mayor Pro Tempore Antomo Vazquez Councllmember Ken Genser (arrIved at 6 55 PM) Councllmember Asha Greenberg (arrIved at 7:00 P.M.) Councilmember Robert T. Holbrook Councllmember Kelly Olsen Councllmember Paul Rosenstem Also Present City Manager John Jal1li Actmg CIty Attorney Joe Lawrence CIty Clerk ClarIce E Dykhouse Councilmember Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of Amenca 4-A: EARTHQUAKE RECOVERY REPORT' To be heard at 8:00 P M 6. CONSENT CALENDAR Presented was the Consent Calendar, whereby all Items are conSIdered and approved m one motIon unless removed from the calendar for dIscussion to approve the Consent Calendar, WIth the exceptIOn of Item No 6-G, readmg resolutIOns and ordinances by title only and waivmg further reading thereof Second by Councllmember Rosenstem The motIon was approved by the following vote Council vote: AffirmatIve: CouncllmembersHolbrook, Olsen, Rosenstein, Vazquez, Mayor Abdo Absent Councllmembers Genser, Greenberg 6-A: CONTIl\mNG EXISTENCE OF A LOCAL EMERGENCY: ResolutIOn No 8720(CCS) entItled 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY," was adopted 1 February 22, 1994 40 6-B: FINAL SUBDIVISION MAP/TRACT NO. S1430/TPC-273/2641 4TH STREET Resolution No 8721(CCS) entitled: ,. A RESOLUTION OF THE CITY COUNCIL OF THE I CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 51430 AT 2641 FOURTH STREET, II was adopted, thereby approvmg a 6-unit tenant-particlpatmg conversion project at 2641 4th Street. 6-C: FINAL SUBDIVISION MAP/TRACT NO. 51662/TPC-297/943 9TH STREET Resolutlon No. 8722(CCS) entnled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO 51662 AT 943 NINTH STREET," was adopted, thereby approving a lO-umt tenant-partlclpatmg conversion project at 943 Nmth Street 6-D: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/CUP 92- 049/ ALCOHOL LICENSE The Certlflcatlon of Statement of Official Action for denial of CondItIOnal Use PermIt 92-049 requesting the Issuance of a Type 47 a1cohollicense (On-Sale general for public eating place) man eXlstmg hve entertamment club and 38-seat restaurant was approved. 6-E: LEASE/OFFICE SPACE/SANTA MONICA AIRPORT Contract No. 6091(CCS) WIth Renan Productlons, Inc. for offIce space at Santa Monica AIrport was approved. 6-F: FUN ZONE OFF~PIER EIR MITIGATION' Contract Nos 6092(CCS) and 6093(CCS) for the preparatlon of design documents to meet the Fun Zone off-PIer ErR mItIgatlon reqUIrements and for structural engineermg analysis and design to retrofIt PIer systems under the Fun Zone were approved. I END OF CONSENT CALENDAR 6-G: LOAN GUARANTEE/OCEAN PARK COMl\1UNITY CENTER/TRANSITIONAL HOUSING PROJECT. The recommendatIon to authorize the City Manager to guarantee a loan for Ocean Park Commumty Center's (OPCC) transitIOnal housmg project was WIthdrawn at the request of staff 8-A: DEVELOPMENT AGREEMENT/1602 OCEAN AVENUE. The ordinance for second readmg and adoptIOn approving development agreement 92-001 between John B. Kilbane and ASSOCIates, Inc and Myron L Nathan and Lorrame Nathan and the CIty of Santa Momca to permIt an approximately 11,800 sq ft mIxed use commerCIal development With two levels of parkmg at 1602 Ocean Avenue was tralled to later m the meeting m order to allow tIme for Councilmember Genser to amve and participate in deliberations 8-B: LABELING SHEL VES/TOXIC AND HAZARDOUS HOUSEHOLD PRODUCTS' The ordmance for mtroductlon and fIrst reading addmg Chapter 5.36 to Article V of the Santa Moruca MumcIpal Code to reqUIre labeling of shelves where toXIC and hazardous household products are sold or distrIbuted was Withdrawn at the request of staff 2 February 22, 1994 I I I I 41 s-c: TEXT Al\1ENUMENTS/C4 DISTRICT: Presented was an ordmance for introductlOn and fIrst readmg approving miscellaneous minor text amendments to C4 DIstnct regardmg expansIon of existmg auto dealerslnps, to fence height regulatIons, to legal non-conformmg use regulatIons, to home occupation regulations, to temporary use permIt regulations, to postIng regulatIOns; to filIng of appeals regulatIons, to adnuIDstratIve approvals for new constructIon and new addItIons; and to fees for reSIdentIal bUIlding records CouncIlmember Genser reported present at 6 55 PM Councilmember Greenberg reported present at 7 00 P M CouncIl asked questions of staff At 7: 12 PM., Mayor Abdo declared the publIc hearing open Member of the publIc Joy Fullmer expressed her concerns Mayor Pro Tempore Vazquez moved to hear a late speaker Second by CouncIlmember Olsen The motIon was unammously approved. Member of the publIc Peter Cain spoke m oppOSItlon to 8' fences Mayor Abdo closed the publIc heanng at 7 16 P.M CouncIl asked questlOns of staff. DISCUSSIOn was held CouncIlmember Olsen moved to mtroduce for frrst reading an ordmance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 904.08.22.030, RELATED TO USES PERMITIED IN THE C4 DISTRICT SUBJECT TO THE APPROVAL OF A PERFORMANCE STANDARDS PERMIT, AMENDING SECTION 9040822040, RELATED TO AUTOMOBILE DEALERSHIPS IN THE C4 DISTRICT; AMENDING SECTION 9.04 10 02 080, RELATED TO PERMITTED HEIGHTS OF FENCES, WALLS, AND HEDGES, AMENDING SECTION 9.04.18 030, RELATED TO LEGAL NON-CONFORMING USES, AMENDING SECTIONS 904 2004.010 AND 9 04 20 04 020, RELATED TO HOME OCCUPATION PERMITS, AMENDING SECTION 9042006 030, RELATED TO TEMPORARY USE PERMITS, AMENDING SECTION 9.04 20 20 080, RELATED TO POSTING OF PROPERTY SUBSEQUENT TO AN APPUCA TION FORA DISCRETIONARY PERMIT; AMENDING SECTION 904 20 24 020, RELATED TO THE FILING OF APPEALS, AMENDING SECTION 9042028020, RELATED TO APPLICATIONS FOR ADMINISTRATIVE APPROVALS FOR NEW CONSTRUCTION AND NEW ADDITIONS; AND AMENDING SECTION 9 08 040, RELATED TO FEES FOR RESIDENTIAL BillLDING RECORDS, " amended to lImIt expansIOn of automobIle dealershIps to 10%, up to a maXImum of 5,000 square feet, readmg by tItle only and waiving further readmg thereof Second by CouncIlmember Genser DIScussion was held. The motion was approved by the followmg vote. CounCil vote. Affirmative' CouncIlmembers Genser, Olsen, Rosenstein, Vazquez, Mayor Abdo NegatIve: CouncIlmembers Greenberg, Holbrook 8-A: DEVELOPMENT AGREEMENT/1602 OCEAN AVENUE Presented was an ordinance for second readmg and adoptIOn approvmg development agreement 92-001 between John B. KIlbane and ASSOCIates, Inc and Myron L Nathan and Lorrame Nathan and the CIty of Santa Monica to permit an approx1lllately 11.800 sq ft mIXed use commerCIal development WIth two levels of parkmg at 1602 Ocean Avenue. CouncIlmember Holbrook 3 February 22, 1994 42 moved to adopt an ordInance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN JOHNB KlLBANE&ASSOCIATES, INC ANDMYRONL. NATHAN AND LORRAINE NATHAN AND THE CITY OF SANTA MONICA," readIng by tItle only and WaIVIng further readmg thereof Second by CouncIlmember Greenberg. DIScussIon was held CouncIlmember Rosenstein moved to allow John Kilbane the opportumty to respond to Issues raIsed tlus evenmg" Second by CouncIlmember Holbrook The motIon was approved by the follOWIng vote. CouncIl vote Affirmative: CouncIlmembers Vazquez, RosensteIn, Olsen, Holbrook, Greenberg, Genser, Mayor Abdo John KIlbane responded to Issues raIsed this evemng. CouncIlmember Genser moved a substItute motIon to approve the project with two changes 1) be silent on the alcohol Issue In the Lobster bUlldmg but allow the developer to apply for such a license through the CUP process, and 2) the new portIOn of the building on Ocean Avenue be In compliance with the Zonmg Code setback. Second by Councilmember Olsen. DiscusslOn was held The motion faded by the followmg vote' CouncIl vote' AffirmatIve Councllmembers Olsen, Genser NegatIve CouncIlmembers Vazquez, Rosenstem, Holbrook, Greenberg, Mayor Abdo Councilmember Genser moved to amend the motion that the provlSlon that allows for the sale of beer and wme In the Lobster buIldmg be deleted and that the development agreement be WrItten m such a fashIon that the developer IS free to apply for a beer and wme lIcense through the CUP process but they are not granted the license through the development agreement Second by CouncIlmember Olsen, CouncIl asked questIons of staff. The amendment faIled by the following vote. CouncIl vote AffIrmatIve Councilmembers Vazquez, Olsen, Genser NegatIve' Councilmembers Rosenstein, Holbrook, Greenberg, Mayor Abdo The mam motion was approved by the followmg vote CounCIl vote AffIrmatIve CouncIlmembers Vazquez, RosensteIn, Holbrook, Greenberg, Mayor Abdo NegatIVe" Councilmembers Olsen, Genser 4 February 22, 1994 I I I I I I 43 Councdmember Gerner requested that the record reflect that the pnmary reason that he voted "no" on thIS Item IS that he believes that it IS unconscIOnable for the CIty to approve the sale of alcohol m the Lobster bUIldmg. By vIrtue of the above action, Ordmance No 1728(CCS) entitled. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN JOHNB KILBANE & ASSOCIATES, INC AND MYRON L NATHAN AND LORRAINE NATHAN AND THE CITY OF SANTA MONICA," was adopted on second readmg by tItle only, walvmg further reading thereof. At 8:40 PM, CounCIl adjourned for a short recess CouncIl reconvened at 900 PM WIth all members present Mayor Abdo moved to waIve readmg of the entIre tItle of earthquake-related Items and ask the City Clerk to merely read the number and title of the vanous Items Second by CouncIlmember Greenberg The motion was unarumously approved. 4-A: EARTHQUAKE RECOVERY REPORT The Earthquake Recovery Report was presented by staff Council asked questions of staff. DISCUSSIon was held. Member of the publIc Joy Fullmer expressed her concerns 8-E: REPAIR CRITERIAlUNREINFORCED CHIMNEYS/W ALLSIRETROFITTING ST ANDARDS/PUBLIC BUILDINGS AND UTILITIES. Presented was an emergency ordmance for mtroduction and adoption establishing repair critena for unremforced chrrnneys, walls over 42 ,. m height, and retroflttmg standards for public buIldmgs and utilItIes Council asked questions of staff CouncIlmember Greenberg moved to adopt Ordinance No 1729(CCS) entitled' "AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISmNG REPAIR AND RECONSTRUCTION CRITERIA FOR UNREINFORCED ClllMNEYS, WALLS OVER 42 INCHES IN HEIGHT, AND RETROFITTING STANDARDS FOR PUBUC BUILDINGS AND UTILITIES," as amended by staff, reading by tItle only and waiving further reading thereof Second by CouncIlmember Genser. The motIon was approved by the following vote. CounCIl vote AffmnatIve CouncIlmembers Genser, Greenberg, Holbrook, Olsen, Rosenstem, Vazquez, Mayor Abdo 8-F: AMENDMENT OF EMERGENCY PROCEDURES/RESTORATION OR DEMOLITION OF EARTHQUAKE-DAMAGED STRUCTURES: Presented was an emergency ordmance extendmg Ordinance No. 1724 amendmg emergency procedures for the restoration or demolItIon of earthquake-damaged structures on an mterIm baSIS and declaring the presence of an emergency CouncIlmember Holbrook moved to adopt Ordmance No 1730(CCS) entItled "AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING EMERGENCY PROCEDURES FOR THE 5 February 22, 1994 44 RESTORATION OR DEMOLITION OF EARTHQUAKE DAMAGED STRUCTURES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," readmg by tltle only and WaIVIng further readmg thereof. Second by Councilmember Greenberg The motIOn was approved by the following vote. Council vote Affmnauve Councllmembers Vazquez, Rosenstein, Olsen, Holbrook, Greenberg, Genser, Mayor Abdo 14-A: COUNCIL RULES/ST A TE OF EMERGENCY Councllmember Greenberg presented her request to establish speCial Councll rules m cases where a state of emergency has been declared by the CIty and to InStruct the City Manager to formulate procedures relatmg to the emergency for CIty staff. DIScussion was held. CouncIlmember Greenberg moved to refer the proposed rules to staff for a determmatlon as to whether or not such rules are necessary DIscussIOn was held CouncIlmember Greenberg moved to amend the motion to direct staff to Incorporate her suggestIons and the suggestions of any other councll person In therr evaluation process Second by Mayor Abdo. Discussion was held. Mayor Abdo moved a substitute motIon to ask Cny staff to commumcate with Councll, on a tlmeline deemed appropnate by staff, more mformation about what Council's role IS m an emergency SItuatlon and that councll members be provided WIth chp-on IdentlficatIon badges. Second by CouncIl Member Genser DIScussion was held At the request of staff, Mayor Abdo moved to amend her motIOn to request that the informatIOn be proVIded WIthin 90 days and that a study seSSIOn be held The motion was accepted as fnendly The motIOn was unammouslyapproved. Councllmember Genser moved to extend the meetIng to 11 30 P M Councllmember Olsen The motion was unammously approved Second by 14-B: RECOGNITION OF CONTRmUTIONS' Presented was the request of CouncIlmember Greenberg for the Councll to mstruct staff to take steps to enable the CounCIl to recogmze the contributions of many agenCIes and groups who gave of therr tune, effort and money to help VIctims of the greatest natural dIsaster to befall the CIty and partIcularly to thank the SalvatIOn Army and the Red Cross for their outstanding efforts 1D feedmg, housing and supportmg the victnns of the earthquake Discussion was held With CouncIl consent, tlns nem was referred to staff. 14-C: TIM:E LThlITS/RESTORA TION OF VITAL BUILDING FUNCTIONS: Presented was the request ofCouncllmember Greenberg to amend (on an urgency baSIS) Ordmance No. 1722, relatmg to tune lunlts to restore VItal buIlding functions on an Interim basis; to provide a procedure to resolve dIsputes relatmg to the safety ofbUIldmgs that are red, green or yellow tagged; to request staff to respond to concerns that buildings with significant damage to VItal bUIldIng systems andlor asbestos problems are bemg "green-tagged" and; to direct staff to prepare a report relating to structures in the CIty that are seismically unstable, such as "tllt-up bUIldIngs" and "ding-bat constructlon" and on the feaslbihty of requrring chnnneys to be retrofitted to prevent damage m the event of further earthquakes andlor sigmficant 6 February 22, 1994 I I I I I I 45 aftershocks DiscuSSIOn was held CouncIlmember Greenberg moved to dIrect staff to reVIew Ordmance No. 1722 to find a way of changmg the punitIve measures to be replaced by a resolutIOn mechamsm to resolve the dIsputes rather than Implementmg displacement fees If butldmg systems are not restored, Second by Councilmember Holbrook DIScuSSIon was held The motion faIled by the followmg vote Council vote' MfirmatIve CouncIlmembers Rosenstem, Holbrook, Greenberg NegatIve CouncIlmembers Vazquez, Olsen, Genser, Mayor Abdo CouncIlmember Greenberg waIved the remainder of the Items m 14-C as they have been addressed durmg the evemng 8-D: REQUIREMENT OF CUP FOR CERTAIN COl\1l\fERCIAL USES; AUTOMOBILE WASHING STANDARDS' Presented was an emergency ordmance for mtroductIon and adoptIon extending Ordmance No 1727(CCS) reqUIring a Conditional Use Permit for certam commercIal uses WIth extended hours of operatIOn and estabhshmg standards for automobile washmg faCIlitIes III certam zones CouncIl asked questIOns of staff At 11.16 PM, Mayor Abdo declared the publIc hearmg open There bemg no one wIshmg to speak, the public hearmg was closed CouncIlmember Greenberg moved to adopt Ordmance No 1731(CCS) entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUIRING A CONDITIONAL USE PERMIT FOR CERTAIN COMMERCIAL USES ESTABUSHING STANDARDS FOR AUTOMOBILE WASHING FACIUTIES IN CERTAIN ZONES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," readmg by tItle only and waiving further readmg thereof Second by Councilmember Holbrook The motIon was approved by the followmg vote Council vote AffirmatIve CouncIImembers Vazquez, Rosenstem, Holbrook, Greenberg, Genser l Mayor Abdo NegatIve CouncIlmember Olsen 9-A: CLOSED SESSION. To be heard at the end of the meetmg. 14-D: LETTERS OF RESIGNATION/MARK PFEFFER/YVETTE GUERRA/SOCIAL SERVICES CO~USSION Mayor Abdo moved to accept WIth great regret the letters of reSIgnatIon from Mark A Pfeffer and Yvette Guerra. members of the SOCial ServIces ComnnsslOn. and authonze the City Clerk to publIsh a Notice of VacanCIes. Second by CouncIlmember Holbrook. The motion was unammously approved 15: PUBLIC Il'HJUT Member of the publIc Joy Fullmer discussed bUIlding safety Member of the publIc Art CaSIllas discussed cnme problems m the CIty 7 February 22, 1994 46 9-A: CLOSED SESSION. At 11.23 P.M., Council adjourned to Closed SeSSIOn for I consideratIOn of the followmg: 1 Toback v Cny of Santa MOnIca, et al , Los Angeles Supenor Court Case No. SC 013220. 2 Westside Peugeot v City of Santa Moruca, et al , Claim No CSM 94-8-55 3 Valmer v City of Santa Monica, et al., Clann No CSM 94-12-141 4 Freed v. CIty of Santa MOnIca, et al , Los Angeles Superior Court Case No. WEC 140601 At 11 55 P M.. Councd reconvened WIth all members present except Councdmember Rosenstem COUllCIlmember Genser moved to approve settlement ill the case of Toback m the amount of $25,000 Second by Councdmember Holbrook The motIon was approved by the followmg vote Counell vote AfflTIIlative Councilmembers Genser, Greenberg, Holbrook, Olsen, Vazquez. Mayor Abdo Absent. Councllmember RosensteIn I Councllmember Holbrook moved to approve settlement in the clann of Westslde Peugeot in the amount of $30,253.10 Second by Councllmember Genser The motIon was approved by the followmg vote' CouncIl vote AffirmatIve Councllmembers Genser, Greenberg, Holbrook, Olsen, Vazquez, Mayor Abdo Absent. Councilmember Rosenstein Councllmember Gense! moved to approve settlement in the claun of Valmer m the amount of $17,455 48. Second by CouncIlmember Greenberg. The motIon was approved by the followmg vote: Counell vote Affmnahve' Councllmembers Genser, Greenberg, Holbrook, Olsen, Vazquez, Mayor Abdo Absent: Councllmember Rosenstein 8 February 22, 1994 I I I I 47 ADJOURNMENT At 11 55 PM, the meeting was adjourned to March 1, 1994, at 6-00 PM, and a speclal joint meeting with the Rent Control Board to be held at 8 00 PM, March 1, 1994, m memory of Eve Morgan, Emestyne Shelton, John Strobel, Mary Ann Young, Olga Unbe, and Enrique Rodriguez. ATTEST APPROVED ~~/LJ~ Cl:1itCe -g - Dyk1}ouse Clt}i Oe:rk - - - q~ /Jh Judy Abdo Mayor - - - - - - - - .- - - -- - - ~ "- - '-' , .- 9 February 22, 1994