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M-10/15/1991 I I I 87 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 15, 1991 A special meeting of the Santa Monica City Council was called to order by Mayor Abdo at 6:35 P.M. on Tuesday, October 15, 1991, in the Council Chambers. STUDY SESSION: Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser Councilmember Robert T. Holbrook Councilmember Herbert Katz (arrived at 6:40 P.M.) councilmember Kelly Olsen Councilmember Antonio Vazquez Councilmember Dennis Zane Also Present: city Manager John Jalili city Attorney Robert M. Myers Assistant City Clerk Beth Justice 55-1: STUDY SESSION - ELECTION AND CAMPAIGN FINANCING REFORMS: Presented was the Study Session discussing election and campaign financing reforms. At 7:35 P.M., Council adjourned for a short recess. reconvened at 7:50 P.M. with all members present. Council Councilmember Holbrook led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: PROCLAMATION/RED RIBBON WEEK: Mayor Abdo presented a proclamation declaring October 20 - 27, 1991, as "Red Ribbon Weekll in the city of Santa Monica. SS-2: STUDY SESSION - MAIN STREET MASTER PLAN: Presented was the study Session discussing the Main Street Master Plan and proposed ordinance revisions. At 9:25 P.M., the Study Session was adjourned. Councilmember Katz moved to hear Item No. 14-E next on the agenda. Second by Councilmember Zane. The motion was approved, Mayor Pro Tempore Genser opposed. At 9:27 P.M., Council adjourned for a short recess. reconvened at 9:42 P.M. with all members present. Council 1 Octoher 15, 1991 88 CITY COUNCIL REGULAR MEETING: At 9:42 P.M., Mayor Abdo convened a regular meeting of the city I of Santa Monica City Council. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser 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 Assistant City Clerk Beth Justice 14-E: ALCOHOL POLICY/SANTA MONICA PIER: Councilmember Zane presented the request of he and Councilmember Katz to discuss an alcohol policy for the Santa Monica Pier. Councilmember Zane moved to direct staff to schedule a discussion and action item for the Council on alcohol policies for the pier in the month of November some time after the Planning Commission has discussed the issue. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Zane, I Mayor Abdo Negative: councilmembers Genser, Olsen, Vazquez Mayor Pro Tempore Genser moved to direct staff to provide input from an alcohol professional, a public health professional, a medical health professional, the police, a review of the state's prepared manual for community planning on alcohol policy, and input from other groups such as The Responsible Hospitality Institute and the Harvard Alcohol Project. Discussion was held. Second by councilmember Olsen. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Genser, Olsen, Vazquez Councilmembers Holbrook, Katz, Zane, Mayor Abdo Councilmember Zane moved that the issue of requesting input from agencies and sources that Mayor Pro Tempore Genser enumerated be placed on the agenda in November and between now and then to request the staff to identify the specific relevance of each. Second by Councilmember Katz. Mayor Pro Tempore Genser moved a I substitute motion to instruct staff to obtain outside professional input to give a presentation to Council at the November 26, 1991, meeting on an alcohol policy, including a Negative: 2 October 15, 1991 I I I 89 review of the state prepared manual for community planning on alcohol policy. Second by Councilmember Olsen. Discussion was held. The substitute motion was unanimously approved. 9 -C : LOCAL COASTAL PROGRAM: Presented was the staff report recommending adoption of the Local Coastal Program and transmission of the Local Coastal Program to the California Coastal Commission. Council asked questions of staff. Councilmember Katz was excused from the meeting at 10:55 P.M. Councilmember Olsen moved to extend the meeting to 12:00 Midnight. Second by Councilmember Zane. The motion was unanimously approved, Councilmember Katz absent. Questions continued. Councilmember Zane moved to adopt Resolution No. 8307, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE LOCAL COASTAL PROGRAM AND TRANSMITTING THE LOCAL COASTAL PROGRAM TO THE CALIFORNIA COASTAL COMMISSION," reading by title only and waiving further reading thereof, approving the Local Coastal Plan and referring it to the California Coastal Commission for its review and recommendations, as amended by staff documents. Second by Councilmember Vazquez. Council asked questions of staff. Mayor Pro Tempore Genser moved to amend the motion to change wording on Page 63, Pol icy 8 to read, "There cannot be private interference with established public uses after an access way has been dedicated but not yet opened." Discussion was held. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion that the word "consider" be changed to the word "adopt" in the first line of Policy 15 on Page 65. Discussion was held. Mayor Pro Tempore Genser moved to amend his amendment to change the wording to read, "The City shall require..." Discussion was held. Councilmember Zane moved to amend the amended motion to change the language to say, "shall require that all new development..." The motion was accepted as friendly. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion that wording on Policy 25 be changed to read, "Parking spaces in the public beach parking lots shall be made available on a monthly basis for residential permit parking for those who otherwise do not have private, on-site parking." The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to include language to be inserted after POlicy 20, as follows: "Levels of service on Pacific Coast Highway shall be effectively managed and coastal zone development controlled to ensure that traffic congestion does not inappropriately inhibit pUblic access to the coastal zone and Pacific Coast Highway can function in its status as the sole transportation and emergency route up and down the coast." Discussion was held. Second by Councilmember Olsen. The amendment failed by the following vote: Council vote: Affirmative: councilmembers Genser, Olsen Negative: Councilmembers Holbrook, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 3 October 15, 1991 90 Councilmember Zane requested that the record reflect that he voted "no" on this amendment but that he is prepared to support this policy in another document. Mayor Pro Tempore Genser moved to amend the motion to include language in Policy 30 for the comprehensive criteria for determining the feasibility of a shuttle program to include looking at ridership and trip reductions during the two-year period, and the potential for future reductions and the related impact on levels of service in the coastal zone, studying the establishment of an assessment district in the coastal zone requiring businesses that benefit from the shuttle to support it financially. Discussion was held. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to include language at the end of Policy 42 as follows: ". . . and any public accessway improperly closed shall be reopened by such action as is necessary to do so." The motion was accepted as friendly. Mayox: Pro Tempore Genser moved to include language as part of Policy 42 to say, "The Ci ty shall investigate the feasibili ty of establishing a pedestrian accessway from Inspiration Point, at the top of the Palisades, to the base of the Palisades, and from there to the pedestrian tunnel under Pacific Coast Highway. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to change the language in the last sentence of Policy 45 to read, "Facilities which provide temporary moorings for boats are permitted; a permanent marina development shall not be permitted." The motion was accepted as friendly. Councilmember Zane moved to amend the motion that the last sentence of Policy 46 be changed from "shall be permitted..." to "may be permitted..." The motion was accepted as friendly. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to insert the word "only" in the second to the last line in Policy 64 to read, "... only when designed to eliminate or mitigate adverse..." The motion was accepted as friendly. Mayor Pro Tempore Genser moved to include language in Policy 73 which says that the City will verify parking needs through periodic studies to assure that the objective of parking availability will be met. The motion was accepted as friendly. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion to include language in Policy 83 which indicates that privately-owned parcels that are currently zoned residential should remain in a residential zone. The motion was accepted as friendly. Discussion was held. Councilmember Olsen moved to amend the motion to retain presently zoned R-1 lots as R-1 lots, rather than changing them to R2B as indicated in Policy 83. Second by Councilmember Holbrook. Discussion was held. The motion failed by the following vote: I I Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen Negative: Councilmembers Vazquez, Zane, Mayor Abdo I Absent: Councilmember Katz 4 October 15, 1991 I I I 91 Mayor Pro Tempore Genser moved to extend the meeting to 12: 30 A.M. Second by Councilmember vazquez. The motion was approved, councilmember Holbrook opposed, Councilmember Katz absent. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion that in Policy 83 to apply the current building heights to wide and narrow lots, that no portion of a structure that exceeds 23' if a flat roof or 30' if a pitched roof can exceed 3D' in width. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to lower the FAR on the RVC lots to .25 and everything to be by discretionary review. Discussion was held. Councilmember Zane accepted the motion as friendly at a reduced FAR of .5 as opposed to .25. Mayor Pro Tempore Genser moved to amend the motion to include language stipulating that any project in the RVC zone north of the pier requires discretionary review. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to include that part of the criteria for giving that discretionary review is to ensure that there are appropriate buffers and conditions on the operation to mitigate any adverse impact on adjacent residential properties. The motion was accepted as friendly. Discussion was held. Mayor Pro Tempore Genser moved to amend the motion that in Policy 83 instead of designating other residentially-zoned parcels RVC that they be zoned R2B with an "A" overlay for parking lots. Discussion was held. Mayor Pro Tempore Genser moved to amend his amendment to indicate that in Policies 85 and 86 rather than zone those lots as RVC that a new zone (Public Beach Use) be established where the only use is parking or open space. The motion was accepted as friendly. Mayor Pro Tempore Genser moved to amend the motion to direct that section 9153.5 be made consistent with other citywide law. The motion was accepted as friendly. Mayor Abdo moved to amend the motion to include language that setbacks for lots of 100 I in depth or less be 15' and for lots more than 100' in depth the setback be 40' . The motion was accepted as friendly. councilmember Olsen moved to amend the motion to reduce the height of the ferris wheel to 80'. The motion was not accepted as friendly. Councilmember Holbrook moved to amend the motion to include Natural Element Sculpture Park in the coastal zone but excl ude it from the beach. The motion was not accepted as friendly. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Vazquez, Zane, Mayor Abdo Negative: councilmember Olsen Absent: councilmember Katz councilmember Zane moved to direct staff to place on the agenda the Natural Element Sculpture Park for consideration by Council at the earliest practical date, no later than December, outlining parameters for the Natural Element Sculpture Park, including an upper limit on the number of pieces the Council would consider, locational criteria, design criteria, and other such matters as are relevant to council's deliberations on the NES Park plan. 5 October 15, 1991 92 Second by Mayor Abdo. Discussion was held. The motion was unanimously approved, Councilmember Katz absent. Councilmember Zane requested that the record reflect that the discussion should I include whether part of the review would be to examine any of the currently proposed sculptures which remain, to eliminate any of those from consideration which the Council is unwilling to consider, and whether or not there may simply be another competition to which these proposals might be resubmitted. Councilmember Zane moved to direct staff to develop an interim ordinance to create interim zoning along Pacific Coast Highway assisted with the standards adopted in the LCP. Second by Mayor Pro Tempore Genser. The motion was unanimously approved, Councilmember Katz absent. 9-E: CLOSED SESSION. Held at end of meeting. II-A: TECHNICAL AND STAFF ASSISTANCE/CHARTER REVIEW COMMISSION: Council member Zane moved to approve an analyst to work under the direction of the Assistant City Manager on various public policy issues in the amount of $20,000 provided that this is limited to issues that the council has already directed as appropriate for the Charter Review Commission's review, that the amount of money is not an entitlement but an upper limit, and that, therefore, any expenditure should be made judiciously: if the Charter Review Commission has other issues that they wish to review beyond those which Council has directed, they should so indicate and seek further council approval. Second by Councilmember Vazquez. Discussion was held. The motion failed by the following vote: Council vote: Affirmative: councilmembers Olsen, Vazquez, Zane, Mayor Abdo I Negative: Councilmember Genser, Holbrook Absent: Councilmember Katz Councilmember Zane withdrew his motion. Mayor Pro Tempore Genser moved to approve the recommendation that an analyst be hired to work under the direction of the Assistant City Manager on various public policy issues in an amount not to exceed $10,000. The motion was duly seconded and was approved by the following vote: council vote: Affirmative: Councilmerohers Genser, Olsen, Vazquez, Zane, Mayor Abdo Negative: Counci1member Holbrook Absent: Councilmember Katz 12-A: CONTRACT AMENDMENT/PUBLIC EMPLOYEES' RETIREMENT SYSTEM: Presented was the staff report recommending adoption of a I resolution indicating the City'S intent to approve an amendment to the contract between the Public Employees' Retirement System and the City of Santa Monica to provide Section 20930.3 (Military 6 October 15, 1991 I I I 93 service Credit as Public Service) for local miscellaneous members and local safety members, and direction to the City Attorney to draft an ordinance to amend said contracts. Councilmember Zane moved to adopt Resolution No. 8308(CCS) entitled: "RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SANTA MONICA, It 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: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz By virtue of the above action, a public hearing was scheduled to be held at the council meeting scheduled for November 12, 1991. 14-C: PROTECTION OF STREET TREES: Mayor Pro Tempore Genser moved to hear a speaker for two minutes. Second by Councilmember Zane. The motion was unanimously approved, Councilmember Katz absent. Member of the public Herschel Rahmanizad addressed Council in support of the protection of trees. Discussion was held. Councilmember Zane moved to direct staff to research model ordinances from other communities that are protective of trees on private property in the public view. Second by Mayor Abdo. The motion was unanimously approved, Councilmember Katz absent. 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 not heard due to Councilmember Katz's absence. 14-F: WORLD RAINFOREST SYMPOSIUM/UCLA: Councilmember Zane moved to support the World Rainforest Symposium at UCLA on October 19, 1991, with a sponsorship of $1,000. Second by Mayor Pro Tempore Genser. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: councilmember Katz Mayor Pro Tempore Genser moved to extend the meeting to 1:00 A.M. second by Councilmember Olsen. The motion was approved, councilmember Holbrook opposed, Councilmember Katz absent. 15: PUBLIC INPUT: Member of the public Beloved Quail addressed council regarding the difficulties of being homeless. Members of the public Walt Reynolds and Art Casillas addressed Council regarding homelessness. At 12: 43 A.M., Council adjourned to Closed Session to consider the threatened litigation by 1447 Ocean Avenue. 7 october 15, 1991 94 9-E: CLOSED SESSION: At 12:50 A.M., Council reconvened with all members present. City Attorney Myers announced that a settlement agreement and release Contract No. 5780(CCS) with Siroos Farzam I and Gina Farzam for 1447-1453 Ocean Avenue was approved on a 5-1-1 vote with Councilmember Olsen opposed and Councilmember Katz absent. ADJOURNMENT: At 12:50 A.M., the meeting was adjourned to October 29, 1991, in memory of Richard Wilson, steve savage, and Hannah Cowhig. ATfiEST: ~,uJ'w ~_--r: ~ ~ _!jf.c;t:;t~~ Beth ~stice Assistant City Clerk A~?fOVED ~ / /~1 #~ Judy Abdo Mayor I I 8 October 15, 1991 95 I NOTICE OF CANCELLATION OF MEETING OF SANTA MONICA CITY COUNCIL OCTOBER 22, 1991 NOTICE IS HEREBY GIVEN that the regular scheduled meeting of the Santa Monlca Clty Councll to be held at 7:30 P.M., on October 22, 1991, has been cancelled by actlon of the City Councll at the meetlng held October 8, 1991. I /~;'P _/~~ Clarlce E.- Dykhousel CMC Clty Clerk I