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M-1/26/1993 I I I 454 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 26, 1993 A regular meeting of the Santa Monica city council was called to order by Mayor Abdo at 6:40 P.M. on Tuesday, January 26, 1993, in the council chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez Councilmember Ken Genser (arrived at 6:47 P.M.) Counci1member Asha Greenberg Counci1member Robert T. Holbrook Councilmember Kelly Olsen Councilmember Paul Rosenstein Also Present: City Manager John Jalili Acting City Attorney Joe Lawrence City Clerk Clarice E. Dykhouse Counci1member Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. At 6:43 P.M., a convened. Redevelopment Agency Special Meeting was Redevelopment Agency Roll Call: Present: Chair Judy Abdo Chair Pro Tempore Antonio Vazquez Agency Member Asha Greenberg Agency Member Robert T. Holbrook Agency Member Kelly Olsen Agency Member Paul Rosenstein Absent: Agency Member Ken Genser Also Present: Executive Director John Ja1ili Acting Agency Attorney Joe Lawrence Agency Secretary Clarice E. Dykhouse RA-l: MINUTES APPROVAL: Agency Member Holbrook moved to approve the Redevelopment Agency minutes of January 12, 1993. Second by Agency Member Greenberg. The motion was unanimously approved, Agency Member Genser absent. RA-2: REDEVELOPMENT AGENCY ANNUAL REPORT/1991-92: Presented was the staff report recommending approval of the Redevelopment Agency Annual Report for Fiscal Year 1991-92 and direction to the Executive Director to transmit the report to the California Department of Housing and Community Development. Agency Member Holbrook moved to approve the Annual Report and direct the Executive Director to transmit the report to the California 1 January 26, 1993 455 Department of Agency Member following vote: Agency vote: Affirmative: Housing and Greenberg. Community Development. Second by The motion was approved by the Agency Members Greenberg, Holbrook, Olsen, Rosenstein, Vazquez, Chair Abdo. I Absent: Agency Member Genser At 6:46 P.M. the Redevelopment Agency Special Meeting adjourned and the regular city council meeting was convened. 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, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Greenberg. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Vazquez, Rosenstein, Olsen, Holbrook, Greenberg, Mayor Abdo Absent: Councilmember Genser 6-A: MINUTES APPROVAL: The city Council minutes of January 12, I 1993, were approved as submitted. 6-B: AMENDMENT OF CONTRACT/PERS: Ordinance No. 1662 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM," was adopted on second reading. [Edi tor's Note: Action was repeated on February 9, 1993 due to requirement of 21 days before adoption.] 6-C: EXTENSION OF CITYWIDE MORATORIUM/NON-RESIDENTIAL/HOTEL DEVELOPMENT: Ordinance No. 1663 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT," was adopted on second reading. 6-D: ADJUSTMENTS FOR GARAGE ACCESSORY BUILDINGS: Ordinance No. 1664 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9. 04 . 20. 34 . 030 REGARDING ADJUSTMENTS FOR GARAGE ACCESSORY BUILDINGS," was adopted on second reading. 6-E: REPAIR OF SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREA: Resolution No. 8529(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA I SETTING A PUBLIC HEARING ON MARCH 23, 1993, FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, CURBS AND THE REMOVAL 2 January 26, 1993 I I I 456 OF DAMAGED PAVEMENT IN PARKWAY AREA (SR-93-186) 1" was adopted, thereby setting a public hearing date of March 23, 1993. 6-F: CONFIRMATION OF ASSESSMENT OF COSTS/CONSTRUCTION/CONCRETE PAVEMENT AND APPURTENANT WORK/LINCOLN COURT: Resolution No. 8530 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON MARCH 23, 1993, TO HEAR ANY PROTESTS OR OBJECTIONS TO THE CONFIRMATION OF ASSESSMENT OF COSTS FOR THE CONSTRUCTION OF CONCRETE PAVEMENT AND APPURTENANT WORK ON LINCOLN COURT BETWEEN OLYMPIC BOULEVARD AND MICHIGAN AVENUE IN CONJUNCTION WITH THE 1991-92 STREET RESURFACING PROGRAM,II was adopted. 6-G: IN-VEHICLE PARKING REGULATORS: Resolution No. 8531(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING RULES AND REGULATIONS FOR THE USE OF IN-VEHICLE PARKING REGULATORS," was adopted. 6-H: FINAL SUBDIVISION MAP/TRACT NO. 23301/TPC-189/1105-1107-1/2 18TH STREET: Resolution No. 8532 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 23301 AT 1105-1107-1/2 18TH STREET, II was adopted, thereby approving a 4-unit tenant-participating conversion project at 1105-1107 1/2 18th Street. 6-1: FINAL SUBDIVISION MAP/TRACT NO. 506l1/TPC-152/2033-2041 EUCLID: Resolution No. 8533(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50611 AT 2033-2041 EUCLID STREET 1 " was adopted, thereby approving a 32 -uni t tenant-participating conversion project at 2033-2041 Euclid. 6-J: FINAL SUBDIVISION MAP/TRACT NO. 50901/TPC-167/1014 FOURTH STREET: Resolution No. 8534(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50901 AT 1014 FOURTH STREET, II was adopted, thereby approving an 11-uni t tenant-participating conversion project at 1014 Fourth Street. 6-K: FINAL SUBDIVISION MAP/TRACT NO. 50977/TPC-198/952 6TH STREET: Resolution No. 8535(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50977 AT 952 SIXTH STREET," was adopted, thereby approving an 8-unit tenant-participating conversion project at 952 6th Street. 6-L: FINAL SUBDIVISION MAP/TRACT NO. 51246/TPC-218/8l7 6TH STREET: Resolution No. 8536(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51246 AT 817 SIXTH STREET,11 was adopted, thereby approving a 7-unit tenant-participating conversion project at 817 6th street. 6-M: STATEMENT OF OFFICIAL ACTION/DENIAL OF APPEAL/ INTERPRETATION OF SECTION 9044.3(e): The Statement of Official 3 January 26, 1993 457 Action regarding denial of Appeal of Planning Commission Interpretation of Section 9044.3 (e) of the Municipal Code was approved. 6-N: AWARD OF CONTRACT/GRIFFITH COMPANY/REPAIR AND OVERLAY RUNWAY: Contract No. 5921(CCS) was awarded to Griffith Company in the amount of $2,324,356 to repair and overlay the runway at the Airport. I 6-0: CONTRACT/LEIGHTON AND ASSOCIATES/SEDIMENT SAMPLING AND ANALYSIS/BREAKWATER FEASIBILITY STUDY: contract No. 5922 (CCS) was awarded to Leighton and Associates in the amount of $72,900 for sediment sampling and analysis of the Breakwater Feasibility Study. 6-P: AWARD OF BID/RAY GASKIN SERVICE/REAR LOADING REFUSE PACKER BODY: Bid No. 2444 was awarded to Ray Gaskin service in the amount of $31,640 for rear loading refuse packer body for the Solid Waste Division, General Services Department, was approved. 6-Q: AWARD OF BID/ZELLERBACH/PAPER PRODUCTS: Bid No. 2445 was awarded to Zellerbach at specified unit prices for toilet paper, seat covers, and paper towels for various departments. END OF CONSENT CALENDAR councilmember Genser reported present at 6:47 P.M. 7-A: APPEAL/DR 92-003/3110 MAIN STREET/AMENDMENT TO I DR234/PARTIAL CONVERSION TO COMMERCIAL USE OF AN EXISTING RESIDENTIAL UNIT: The appeal of Planning Commission denial of Development Review Permit 92-003, 3110 Main Street, amendment to Development Review Permit 234, to allow the partial conversion to commercial use of an existing residential unit, and to allow the property owner to charge tenants for parking validation was continued to the meeting of March 23, 1993. a-A: REGULATIONS/USE OF CITY PARKS BY ORGANIZED GROUPS: Presented was an ordinance for introduction and first reading establishing regulations governing the use of City parks by organized groups and amending the Santa Monica Municipal Code. Council asked questions of staff. At 7:55 P.M., Mayor Abdo declared the public hearing open. Members of the public Norman Colbert, Samuel Mills, Richard Cohen, Moira LaMountain, Leonard Kuras, David Barling, Sylvia Baker, Dorothy McNeil, and Michael Brennan spoke in opposition to the proposed ordinance. Member of the publ ic Joy Fullmer expressed her concerns. Members of the pUblic Peter Lewi, Barbara Tenzer, Leigh Kavanaugh, and June Coleman, spoke in support of the proposed ordinance. Member of the public Toby Lieberman spoke in general support of the original proposal; however, urged Council not to take action tonight but rather to solicit public input on the amended ordinance. Member of the public Sigrid still spoke in opposition I to charging fees to groups of over 35. Member of the public Herman Rosenstein spoke in opposition to the ordinance as presented and urged Council to lengthen the time period for 4 January 26, 1993 I I I 458 application of permits. Councilmember Genser moved to hear late speakers. Second by Councilmember Olsen. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Genser, Olsen, Rosenstein, Vazquez, Mayor Abdo Negative: councilmembers Greenberg, Holbrook Members of the public lOver Humanity, Vincent Yong, Paul Montgomery, Roy Lewis, Gerardo Martinez, Jason Duval, James McAuley, catherine Merritt, John McManus, Jennafer Waggoner, Martin Conwell, Luis De Castro, and Jennifer Rafeedie spoke in opposition to the proposed ordinance. Mayor Abdo closed the publ ic hearing at 9: 25 P. M. Council asked questions of staff. Mayor Abdo moved to introduce for first reading the ordinance as presented. Second by Councilmember Greenberg. Discussion was held. Councilmember Genser moved to amend the motion to add language to Section 4.53.020, inserting a new paragraph (c) which would list the names of the parks, adding Ocean View Park, and any city-owned open space area. The amendment was accepted as friendly. Councilmember Genser moved to amend the motion to add language in Section 4.53.030, to read: "A permit is required for the use of any city park by an organized group of thirty-five (35) or more persons. It shall be unlawful for any person or persons to assemble or cause the assembly or to gather so as to result in the assembly of thirty-five (35) or more persons in a park or in any portion or separate portions of a park for any combined or coordinated purpose or activity without first having received a permit from the Department...n The motion was accepted as friendly. Councilmember Genser moved to amend the motion to delete the word "organized" from the first sentence of Section 4.53.030. The amendment was accepted as friendly. Councilmember Genser moved to amend the motion to change Section 4.53.040 to allow residents to apply for permits 180 days in advance. Discussion was held. The motion was accepted as friendly. Councilmember Genser moved to amend the motion that the waiver section read as follows: "Any of the above general requirements may be waived by the Director upon a showing to the Director I s satisfaction of special or unique circumstances, or that compliance with one or more of the requirements would create a unique hardship or would contravene the human services objectives of the City. The motion was accepted as friendly. Council asked questions of staff. Councilmember Greenberg moved to amend the motion to add language as follows: "Notwithstanding any other provision of this Code, violation of this Chapter shall constitute an infraction punishable in accordance with the provisions of the California Government Code." The motion was accepted as friendly. Discussion was held. councilmember Rosenstein moved to amend the motion to add a condition stating that it is a requirement that the permittee comply with specified heal th regulations in connection with the service of food or liquids. Discussion was held. Second by Councilmember Holbrook. Discussion was held. The amendment failed by the following vote: 5 January 26, 1993 459 council vote: Affirmative: Councilmembers Greenberg, Holbrook, Rosenstein Negative: Councilmembers Genser, Olsen, Vazquez, Mayor Abdo I Mayor Pro Tempore Vazquez moved to amend the motion to allow two permits per month. Discussion was held. Second by Mayor Abdo. Discussion was held. The amendment was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Rosenstein, Vazquez, Mayor Abdo Negative: Councilmember Greenberg Discussion was held. following vote: The main motion was approved by the council vote: Unanimously approved 7-0 By virtue of the above action, an ordinance entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING REGULATIONS GOVERNING USE OF CITY PARKS BY ORGANIZED GROUPS AND AMENDING THE SANTA MONICA MUNICIPAL CODE, It was introduced for first reading, as amended, reading by title only and waiving further reading thereof. At 9: 58 P. M., council adj ourned for a short recess. reconvened at 10:15 P.M. with all members present. council I 8-B: INTERIM DEVELOPMENT STANDARDS/RVC ZONES/PACIFIC COAST HIGHWAY: Presented was an ordinance for introduction and first reading establishing interim development standards for parcels zoned RVC located on Pacific Coast Highway between the Santa Monica Pier on the south and the north City limits. council asked questions of staff. At 10:25 P.M., Mayor Abdo declared the public hearing open. Member of the public lOver Homo sapiens expressed his concerns. Mayor Abdo closed the public hearing at 10:27 P.M. Councilmember Ganser moved to introduce the ordinance for first reading amending same to allow height limits of 23' for a flat roof and 30' for a pitched roof. Second by Councilmember Olsen. council asked questions of staff. Discussion was held. The motion was approved by the fOllowing vote: council vote: Affirmative: Councilmembers Vazquez, Olsen, Holbrook, Greenberg, Genser, Mayor Abdo Negative: Councilmember Rosenstein By virtue of the above action, an ordinance entitled: "AN I ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR PARCELS ZONED RVC LOCATED ON PACIFIC COAST HIGHWAY BETWEEN THE SANTA MONICA PIER ON 6 January 26, 1993 I I I 460 THE SOUTH AND THE NORTH CITY LIMITS," was introduced for first reading, as amended, reading by title only and waiving further reading thereof. 8 -C: WATER CONSERVATION PLUMBING STANDARDS: Presented was an ordinance for introduction and first reading adding section 7.16.140 through Section 7.16.230 to Chapter 7.16 of Article VII of the santa Monica Municipal Code to establ ish wa ter conservation plumbing standards upon change of property ownership. Council asked questions of staff. At 10:45 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 10: 47 P.M. Ccuncilmember Greenberg moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7.16.140 THROUGH SECTION 7.16.230 TO CHAPTER 7.16 OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH WATER CONSERVATION PLUMBING STANDARDS UPON CHANGE OF PROPERTY OWNERSHIP," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-0: EFFECTIVE TIME/INTERIM ORDINANCES: Presented was an ordinance for adoption and second reading amending Santa Monica Municipal Code Section 9.04.20.16.060 allowing an interim ordinance to be extended for up to 50 months and 15 days. Councilmember Greenberg moved to adopt Ordinance No. 1665 (CCS) entitled: uAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.20.16.060 REGARDING INTERIM ZONING," reading by title only and waiving further reading thereof. Second by Councilmember Rosenstein. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 9-A: CLOSED SESSION: Not held. 10-A: CDBG GRANTEE PERFORMANCE REPORT: Presented was the public hearing on Community Development Block Grant Grantee Performance Report for FY 1991-92. At 10:50 P.M., Mayor Abdo declared the public hearing open. Members of the pUblic Joy Fullmer and 1 Over Homo Sapiens expressed their concerns. Mayor Abdo closed the public hearing at 10:52 P.M. Councilmember Rosenstein moved to accept public comment on the FY1991-92 Community Development Block Grant Program as transmitted in the Annual Grantee Performance Report (GPR). Second by Mayor Pro Tempore Vazquez. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 l3-A: LUIS C. DeCASTRO/GATES/SEAVIEW TERRACE: The request of Luis C. DeCastro to address council regarding the placement of gates on Seaview Terrace to be open to the public from 7:00 A.M. 7 January 26, 1993 461 to 10:00 P.M. and blocked from 10:00 P.M. to 7:00 A.M. was continued at the request of Mr. Decastro. 13-B: BRENDA McKEE/ESTABLISH REQUIREMENTS/MASSAGE THERAPISTS: I Presented was the request of Brenda McKee to address Council regarding the establishment of a minimum number of hours of education for massage therapists. council asked questions of Ms. McKee. Councilmember Genser moved to direct staff to work with the American Massage Therapy Association to determine if there should be revisions to the practices of enforcement and permi tting with regard to massage therapy and report back to Council. Second by Mayor Pro Tempore Vazquez. Discussion was held. The motion was unanimously approved. Mayor Pro Tempore Vazquez moved to extend the meeting to 11: 15 P.M. Second by Councilmember Greenberg. The motion was unanimously approved. 14-A: APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Abdo announced that the floor would consider nominations to the various Boards and Commissions. Mayor Abdo opened the floor to nominations to the Planning Commission. Councilmember Olsen nominated Ken Breisch. councilmember Holbrook nominated Donna Alvarez. Mayor Abdo nominated Eric Parlee. There being no other nominations, nominations were closed. On a call for the vote, no one nominee received four votes. Mayor Abdo once again opened the floor to nominations to the Planning commission. Mayor Abdo nominated Eric Parlee. Councilmember Genser nominated Ken Breisch. There I being no other nominations, nominations were closed. On a call for the vote, the vote on the nominations was as follows: Eric Parlee - Councilmembers Greenberg, Rosenstein, Vazquez, Mayor Abdo Ken Breisch - Councilmembers Genser, Olsen Councilmember Holbrook abstained from the vote. Eric Parlee was appointed to the Planning Commission for a term ending June 3D, 1996. Mayor Abdo opened the floor to nominations to the Pier Restoration Corporation Board of Directors. Councilmember Rosenstein nominated Nancy Greenstein, Donald Girard and Henry Custis. There being no other nominations, nominations were closed. Councilmember Rosenstein moved to reappoint by acclamation Nancy Greenstein, Donald Girard and Henry Custis to the Pier Restoration corporation Board of Directors for terms ending November 8, 1995. Second by Mayor Pro Tempore Vazquez. The motion was unanimously approved. Mayor Abdo opened the floor to nominations to the Bayside District corporation. Councilmember Holbrook nominated Herb I Katz. Councilmember Genser nominated Nancy Desser. There being no other nominations, nominations were closed. On a call for the votel the vote was as follows: 8 January 26, 1993 I I I 462 Herb Katz - Councilmembers Greenberg, Holbrook, Rosenstein, Vazquez, Mayor Abdo Nancy Desser - Councilmembers Genser, Olsen Herb Katz was appointed to the Bayside District Corporation for a term ending June 30, 1993. The appointments of Airport commission, Arts Commission, and one member of the Pier Restoration Corporation Board of Directors were continued. 14-B: WAIVER OF FEE/STATE BOARD OF EQUALIZATION/ECONOMIC SUMMIT MEETING: The request for approval to waive the fee for use of the Council Chambers by the State Board of Equalization on February 4, 1993, in order to hold an Economic Summit Meeting was withdrawn at the request of the state Board of Equalization. 15: PUBLIC INPUT: Members of the public Joy Fullmer, Jeff Shear, and One Over Humanity addressed Council. ADJOURNMENT: At 11:20 P.M., the meeting was adjourned. ATTEST: ~f"M~ Clarice E. Dy~ouse city Clerk APPROVED: 9~aL Judy Abdo Mayor 9 January 26, 1993