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M-1/14/1992 150 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 14, 1992 A regular meeting of the Santa Monica City Council was called to order by Mayor Genser at 7:40 P.M. on Tuesday, January 14, 1992, in the Council Chambers. Mayor Pro Tempore Abdo led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. Roll Call: Present: Mayor Ken Genser Mayor Pro Tempore Judy Abdo councilmember Robert T. Holbrook councilmember Herbert Katz Councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Dykhouse A moment of inspiration was provided by Daryl Goode, who presented a commemoration of Martin Luther King, Jr. Councilmember Zane moved to consider Item 14-A at this time. Second by Councilmember Olsen. The motion was unanimously approved. 14-A: ALLOCATION OF FUNDS/MARTIN LUTHER KING DAY: Councilmember Zane presented his request to discuss the allocation of funds in the amount of $10,000 for the Martin Luther King Day celebration. Councilmember Zane moved to approve the allocation of funds in the amount of $10,000 for the Martin Luther King Day celebration. Second by Mayor Pro Tempore Abdo. Discussion was held. The motion was approved by the following vote: council vote: Unanimously approved 7-0 At 7:47 P.M., a city Council/Redevelopment Agency Special Joint Meeting was convened. 1 January 14, 1992 I I I 151 I Redevelopment Agency Roll Call: Present: Chair Ken Genser Chair Pro Tempore Judy Abdo Agency Member Robert T. Holbrook Agency Member Herbert Katz Agency Member Kelly Olsen Agency Member Antonio Vazquez Agency Member Dennis Zane Also Present: Executive Director John Jalili Agency Attorney Robert M. Myers Agency Secretary Clarice E. Dykhouse RA-1: REDEVELOPMENT AGENCY MINUTES: Presented for approval were the Redevelopment Agency minutes of September 24, 1991. Chair Pro Tempore Abdo moved to approve the Redevelopment Agency minutes of September 24, 1991. Second by Agency Member Zane. The motion was unanimously approved. I RA-2: REDEVELOPMENT AGENCY ANNUAL REPORT: Presented was the staff report recommending approval of the Redevelopment Agency Annual Report for Fiscal Year 1990-91 and direction to the Executive Director to transmit the report to the California Department of Housing and Community Development. Agency asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Chair Pro Tempore Abdo moved to approve the Annual Report and direct the Executive Director to transmit the report to the California Department of Housing and Community Development. Second by Agency Member Katz. Discussion was held. The motion was approved by the following vote: Redevelopment Agency Vote: Unanimously approved 7-0 CC/RA-3: RENEWAL OF LOANS/DOWNTOWN & OCEAN PARK: Presented was the staff report recommending renewal of six loans for the Downtown and the Ocean Park Redevelopment proj ects and authorization for the Chair to execute the promissory notes for the 1992 calendar year. Member of the public Joy Fullmer expressed her concerns. Mayor Pro Tempore Abdo moved, on behalf of the city Council, to renew the six loans to the Redevelopment Agency and to accept the attached Promissory Notes. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Chair Pro Tempore Abdo moved, on behalf of the Redevelopment Agency, to approve and authorize the Chair to execute the six attached Promissory Notes between the Agency and the City, extending the loans for the 1992 calendar year. Second by Agency Member Holbrook. The motion was approved by the following vote: II Redevelopment Agency Vote: UnanimOUSly approved 7-0 2 January 14, 1992 152 At 8:03 P.M., the Special city Council/Redevelopment Agency Joint Meeting was adjourned and the city council meeting was reconvened. 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, with the exception of Item Nos. 6-B, 6-H, 6-K, and 6-N, reading resolutions and ordinances by title only and waiving further reading thereof. Second by councilmember Katz. Councilmember Holbrook moved to amend his motion to also exclude 6-M from the Consent Calendar. The motion was accepted as friendly. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of November 26, December 3, December 10, and December 17, 1991, were approved. 6-C: SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 8339(CCS) entitled: itA 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 REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, AND CURBS (SR-92-178)," was adopted, thereby setting a public hearing date of February 11, 1992. I 6-D: PARCEL MAP/TRACT NO. 21446/CONDOMINIUMS/1447 24TH STREET: I Resolution No. 8340 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A PARCEL MAP FOR TRACT NO. 21446 FOR A PROJECT AT 1447 24TH STREET, II was adopted, thereby approving a 4 -unit condominium project at 1447 24th street. 6-E: FINAL SUBDIVISION MAP/TRACT NO. 50422/TPC-139/1659 FRANKLIN: Resolution No. 8341 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50422, It was adopted, thereby approving a 6-unit tenant-participating conversion at 1659 Franklin. 6-F: FINAL SUBDIVISION MAP/TRACT NO. 50535/TPC-144/1330 YALE: ReSOlution No. 8342 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50535,1t was adopted, thereby approving a 6-unit tenant-participating conversion at 1330 Yale. 6-G: DISABLED PARKING ZONES: Resolution No. 8343(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING DISABLED PARKING ZONES ADJACENT TO 2602 22ND STREET, 1617 BERKELEY STREET, AND 1818 OAK STREET, II was adopted. 6-1: REJECTION OF BID/RESURFACING LOBBY FLOOR & STAIRS/CIVIC I AUDITORIUM: The recommendation to reject the bid for resurfacing the lobby floor and stairs at the Civic Auditorium and authorization for staff to re-bid the project was approved. 3 January 14, 1992 I I I 153 6-J: CERTIFICATION/STATEMENT OF OFFICIAL ACTION/APPEAL/DR 91-003/CUP 9l-030/PSP 91-007/EIR 916/2221 WILSHIRE BOULEVARD: The Certification of statement of Official Action for appeal of DR 91-003, CUP 91-030, PSP 91-007, and EIR 916, at 2221 wilshire Boulevard, was approved. 6-L: REPAIR ELEVATORS/PARKING STRUCTURES: Bid No. 2390 was awarded to Viking Elevator Company, Inc. at specified prices to provide labor and materials to repair elevators in parking structures. 6-0: FINAL SUBDIVISION MAP/TRACT NO. 50716/TPC-161/934 19TH STREET: Resolution No. 8345(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50716 FOR A PROJECT AT 934 19TH STREET," was adopted, thereby approving a 6-unit tenant-participating conversion at 934 19th street. 6-P: UNDERGROUND ELECTRIC POWER LINES: Resolution No. 8346 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING RESOLUTION NO. 8317(CCS), AND ADDING COMPLETION DATES FOR THE PLACEMENT OF ELECTRIC POWER LINES UNDERGROUND IN CERTAIN AREAS OF THE CITY," was adopted. END OF CONSENT CALENDAR 6-B: EXTENSION OF DEADLINE/CHARTER REVIEW COMMISSION: Presented was an ordinance for second reading and adoption amending Santa Monica Municipal Code Section 2905 extending the deadline for the Charter Review Comission to issue its report, introduced December 17, 1991. Council asked questions of staff. Councilmember Katz moved to adopt Ordinance No. 1611 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2905 EXTENDING THE DEADLINE FOR THE CHARTER REVIEW COMMISSION TO ISSUE ITS REPORT." Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-H: DISASTER ASSISTANCE ACT: Presented was a resolution amending named individuals authorized to execute Disaster Assistance Act documents. Member of the public Joy Fullmer expressed her concerns. Council asked questions of staff. Councilmember Zane moved to adopt Resolution No. 8344(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING JOHN JALILI, LYNNE C. BARRETTE, CHIEF JAMES T. BUTTS AND LAURA D. HERNANDEZ TO EXECUTE DOCUMENTS REQUIRED UNDER P.L. 93-288 AS AMENDED BY THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT OF 1988, OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT," reading by title only and waiving further reading thereof. Second by Mayor Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 4 January 14, 1992 154 6-K: THREE-WHEEL PARKING ENFORCEMENT SCOOTERS: Presented was the staff recommendation to reject Bid No. 2368 for three Three Wheel Parking Enforcement Scooters for the Operations Division, I Police Department. Council asked questions of staff. Councilmember olsen moved to reject all bids and direct staff to investigate further the availability of vehicles powered by alternate energy sources. Second by Councilmember Zane. The motion was approved by the following vote: council vote: Unanimously approved 7-0 6-M: SALE AND USE OF PARKULATORS: Presented was staff recommendation to direct the City Attorney to prepare an ordinance authorizing the sale and use of Parkulators. Member of the public Leonard Gross spoke in support of the program with the provision for discounts to senior citizens. Council asked questions of staff. Mayor Pro Tempore Abdo moved to direct the City Attorney to prepare an ordinance amending the Municipal Code to provide for the sale and use of Parkulators in lieu of depositing coins in parking meters and authorize the City Parking and Traffic Engineer to establish procedures for the sale, and to sell Parkulators, with the provision that if the pilot program seems to be working well that the project become a general proj ect and investigate the possibility of including discounts for seniors and possibly other groups within the City. Second by Councilmember Zane. Council asked questions of staff. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 I 6-N: OPEN SPACE AND SCENIC CORRIDORS ELEMENT/ENVIRONMENTAL IMPACT REPORT: Presented was the staff recommendation to authorize the city Manager to negotiate and execute an agreement for the preparation of an Open Space and Scenic corridors Element and Environmental Impact Report. Member of the public Joy Fullmer expressed her concerns. Council asked questions of staff. Mayor Pro Tempore Abdo moved to approve Contract No. 5811(CCS) with Brady and Associates at a cost of $90,165 for an Open Space and Scenic Corridors Element and EIR. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 7-A: APPEAL/CUP 91-022/VTTM 50656/CONDOMINIUMS/1017-1019 HILL STREET: The appeal of a Planning Commission denial of an application for a Conditional Use Permit 91-022 and Vesting Tentative Tract Map 50656 to allow the construction of a two-story six-unit residential condominium with two inclusionary rental units at 1017-1019 Hill street was withdrawn at the request of staff. B-A: PROHIBITION OF ENCAMPMENTS IN PUBLIC PLACES: The ordinance I for introduction and first reading adding section 4202b to the Santa Monica Municipal Code to prohibit encampments in public places was continued to the meeting of January 21, 1992. 5 January 14, 1992 I I I 155 8-B: VARIANCE PROCEDURES/ADJUSTMENT PROCEDURES/BUILDING ADDITIONS: Presented was an ordinance for adoption and second reading amending Sections 9113.1, 9113.3, 9113.5, 9113.7, 9113.8, and Subchapter 10Q to Article 9, Chapter 1 of the Santa Monica Municipal Code relating to variance procedures, adjustment procedures, and building additions into required side yards. Council asked questions of staff. Councilmember Holbrook moved to adopt Ordinance No. 1612 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9113.1, 9113.3, 9113.5, 9113.7, 9113.8, AND 9040.19 TO THE SANTA MONICA MUNICIPAL CODE AND ADDING SUBCHAPTER 10Q TO ARTICLE 9, CHAPTER 1 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO VARIANCE PROCEDURES, ADJUSTMENT PROCEDURES, AND BUILDING ADDITIONS INTO REQUIRED SIDE YARDS," Second by Councilmember Vazquez. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Holbrook, Katz, Vazquez, Zane, Mayor Genser Negative: Councilmember Olsen 9-A: CITY BUDGET PRIORITIES: Presented was the staff report recommending the invitation of public comment and requesting City council direction regarding 1992-93 City budget priori ties on January 28, 1992. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Discussion was held. Councilmember Katz moved to hold a public hearing on January 28, 1992, to hear public comment and provide staff direction on City budget priorities for 1992-93. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 9-B: MASTER ENVIRONMENTAL ASSESSMENT: Presented was the staff report recommending approval of the Master Environmental Assessment for the City of Santa Monica. Council asked questions of staff. At 9: 37 P.M., Council adjourned for a short recess. reconvened at 9:54 P.M. with all members present. Council 9-B: RESUMED: Member of the public Joy Fullmer expressed her concerns. Member of the public Laurel Roennau spoke in support of the MEA with revisions. Member of the public Stephanie Barbanell discussed the deficiencies of and omissions from the MEA. Councilmember Zane moved to allow each speaker unlimited speaking time. Second by councilmember Vazquez. The motion failed, Councilmembers Abdo, Katz, olsen, and Mayor Genser opposed. Members of the public Barbara Brown, Kathleen Schwallie, and Eric Chen spoke in support of the MEA. Council asked questions of staff. Councilmember Zane moved to approve the MEA and directed staff to include, among other things, for the purposes of the subsequent update, projected implications of varying degrees of success of the TMP, an update which reflects the cumulative project list and those projects which have fallen 6 January 14, 1992 156 out, ask staff to determine some methodology to determine the appropriate ambient traffic growth. Second by Councilmember Katz. Discussion was held. Councilmember Olsen moved to include a map or list of alcohol outlets distinguished by type. The motion was accepted as friendly. Discussion was held. Mayor Genser moved to delete reference to the impacts of the TMP. The motion was accepted as friendly. Mayor Genser moved to include the caveat that the results of the MEA not be used for approval in the following situations: 1) downtown assessment district, and 2) with regard to projects which generate a significant amount of weekend traffic in the Coastal Zone. Councilmember Zane accepted the second portion of the amendment as friendly. Mayor Genser moved to include the caveat that the results of the MEA not be used for approval of the downtown assessment district. Second by Councilmember Olsen. Discussion was held. The motion was accepted as friendly. Mayor Genser moved to amend the motion to include the ABC list of alcohol outlets by alcohol license type as well as a list of pending alcohol CUPs that are in process at this time. Discussion was held. The motion was accepted as friendly with the caveat that the distinctions which are being enumerated are directly related to policies which Council may adopt. Mayor Genser moved to amend the motion that the next edition of the MEA include updates of the Safety Element and the Open space Element. The motion was accepted as friendly. Councilmember Zane moved to extend the meeting to 12:00 Midnight. Second by Councilmember Holbrook. The motion was unanimously approved. Discussion was held. The motion as amended was approved by the following vote: Council vote: Unanimously approved 7-0 I I 9 -C : ALTERNATIVE COMMERCIAL DEVELOPMENT STANDARDS: Presented was the staff report recommending approval of proposed alternative commercial development standards to be analyzed in an Environmental Impact Report (EIR) for the purposes of determining future commercial development standards and authorization for the City Manager to negotiate and execute an agreement with Michael Brandman and Associates for preparation of the EIR. Council asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Member of the public Kathleen Schwallie spoke in opposition to the proposal. Discussion was held. Councilmember Zane moved to approve the staff recommendation with respect to the alternatives proposed to evaluate with the following changes and additions: 1) to require in the EIR in the variable FAR standards for different lot sizes in the C-5 District that at the 2-acre break the FAR drops to .5; 2) the addition that with respect to each of the scenarios of reduction that an alternative be examined if 40% of the total FAR were housing rather than office space; and 3) that it include in the EIR for each of the FAR scenarios, the implication of a I requirement that all uses above the first floor in the downtown area outside of the Bayside District, be housing. Second by Councilmember vazquez. Discussion was held. Mayor Genser moved 7 January 14, 1992 I I I 157 to amend the motion to change the variable scenario not to have it with the existing as the base but ratio everything down 25% and 50%. Discussion was held. The motion was accepted as friendly. Mayor Genser moved to amend the motion with regard to the density bonus scenario that when a project receives the bonus it would only bring it up to existing zoning, not the existing Land Use and Circulation Element, and that the density bonus would bring a project up to a 25% reduction from existing zoning. Discussion was held. The motion was accepted as friendly. Discussion was held. Councilmember Zane moved to amend his motion to include authorization for staff to begin work on this project based on the current work program with conditions and for staff to return with amended numbers and a specific work program. The motion was accepted as friendly. Discussion was held. Councilmember Zane moved to extend the meeting to 12:30 A.M. The motion was duly seconded and unanimously approved. The main motion as amended, awarding Contract No. 5812 (CCS) to Michael Brandman and Associates for preparation of the EIR was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Zane moved to request staff to approach the property owner/developers of the Arboretum project and renegotiate that project and its conversion of a significant part of its office space, or hotel, to residential uses. second by councilmember Vazquez. Discussion was held. The City Attorney determined that this is not an appropriately agendized item for consideration. 9-D: MIDBLOCK PEDESTRIAN CROSSING SAFETY PROGRAM: The recommendation to adopt a midblock pedestrian crossing safety program and the allocation of funds for implementation was continued to the meeting of January 21, 1992. 9-E: STREET PERFORMERS ORDINANCE: The recommendation to direct the City Attorney to revise the street performers Ordinance No. 1597 (CCS) was continued to the meeting of January 21, 1992. 9-F: CLOSED SESSION: Held at end of meeting. l4-B: APPOINTMENT OF MEMBER/SOCIAL SERVICES COMMISSION: The appointment of a member to the Social Services Commission was continued to the meeting of January 21, 1992. 14-C: APPOINTMENT OF MEMBER/CHARTER REVIEW COMMISSION: Mayor Genser opened the floor for nominations to the Charter Review Commission. Councilmember Vazquez moved to appoint Doug Willis by acclamation to the Charter Review Commission for a term ending March 31, 1992. Second by Councilmember Katz. The motion was unanimously approved. l4-D: HOMELESS COLD WEATHER PROGRAM: Presented was the request of councilmember Olsen to discuss direction to staff to prepare a flyer explaining the homeless cold weather program. Councilmember Olsen moved to direct staff to prepare a flyer 8 January 14, 1992 158 explaining the homeless cold weather program. Second by Councilmember Vazquez. The motion was approved by the following vote: council vote: Unanimously approved 7-0 I 14-E: LETTERS OF RESIGNATION/DElORA KINSEY/SUZANNE MITCHELL/HOUSING COMMISSION: The acceptance of letters of resignation of Deidra Kinsey and Suzanne Mitchell from the Housing Commission and authorization to the City Clerk to publish Notices of Vacancy was continued to the meeting of January 21, 1992. 14-F: PROPERTY TRANSFER TAX FUNDS/ADDITIONAL POLICE OFFICERS: The request of Councilmember Olsen to direct staff to prepare a report for the next meeting regarding property transfer tax funds and hiring of 20 additional police officers was continued to the meeting of January 21, 1992. Councilmember Zane moved to hear Second by councilmember Vazquez. Councilmember Katz opposed. Item No. 15 at this time. The motion was approved, 15: PUBLIC INPUT: Member her concerns. Member of serv ices to the homeless. discussed police problems. of the pUblic Joy Fullmer expressed the public Beloved Quail discussed Member of the public Art Casillas 9-F: CLOSED SESSION: At 12:22 A.M., council adjourned to Closed I Session for the purpose of considering the following cases: Carr v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEe 142 339, Champetier v. city of Santa Monica, et al., Santa Monica Superior Court Case No. WEe 141 657, Winter v. City of Santa Monica, et al., Santa Monica Superior court Case No. WEe 144 465, City of Santa Monica v. Charles M. Cota, et al., Santa Monica Superior Court Case No. SC 014 408, Marina Contractors v. City of Santa Monica, et al., Los Angeles Municipal Court Case No. 90C00736. At 12:40 A.M., Council reconvened with all members present, Councilmember Katz absent. Councilmember Holbrook moved to approve settlement in the following cases: Carr v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 142 339, $18,900; Winter v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 144 465, $34,760.75; Champetier v. City of Santa Monica, et al., Santa Monica Superior Court Case No. WEC 141 657, $45,000; and Marina Contractors v. City of Santa Monica, et al., Los Angeles Municipal Court Case No. 90C00736. $21,500. Second by Councilmember Vazquez. The motion was approved by the following vote: I 9 January 14, 1992 I I I 159 council vote: Affirmative: councilmembers Abdo, Holbrook, Olsen, Vazquez, Zane, Mayor Genser Absent: councilmember Katz ADJOURNMENT: At 12:45 A.M., the meeting was adjourned to January 21, 1992, in memory of Janis Van Dyck Butefish. ATTEST: Clarice E. city Clerk /A1~ DYkhOU(: gr~~ Mayor \ 10 January 14, 1992