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M-1/16/1990 10 CITY OF SANTA MONICA CITY COUNCIL MINUTES JANUARY 16, 1990 A meeting of the Santa Monica City Council, continued from January 9, 1990, was called to order by Mayor Zane at 7:35 P.M., on Tuesday, January 16, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel Councilmember Judy Abdo Councilmember Ken Genser councilmember William H. Jennings Councilmember Herber Katz Councilmember Christine E. Reed Also Present: City Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen CLOSED SESSION: Not held. Councilmember Katz led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. INSPIRATION: Councilmember Jennings postponed his moment of inspiration to a later date. Mayor Zane presented city Manager JaIiIi with a IS-year pin in recognition of his service to the City. 4-A: PROCLAMATION - GLOBAL WALK FOR A LIVABLE WORLD DAY: Mayor Zane presented a proclamation declaring February 1, 1990, as "Global Walk Day" in Santa Monica. CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING: PA-1: PARKING AUTHORITY MINUTES: Authority minutes of November 14, meeting of January 23, 1990. The approval of the parking 1989, was continued to the CC/PA-2: MIXED USE PROJECT/COMMUNITY CORPORATION/1423 SECOND STREET: The recommendation to approve, in concept, a mixed use project to be developed by Community Corporation at 1423 Second Street, and authorization for City Manager to explore an arrangement for an existing movie theatre to present Spanish language cinema was continued to the meeting of January 23, 1990. Mayor Pro Tem Finkel moved to hear Items 10-A and 10-B at this time. Second by councilmember Genser. Discussion was held. The motion was approved, Counci1member Katz opposed. 1 January 16, 1990 11 10-A: RENT CONTROL BOARD - TORCA: Susan Packer-Davis, of the Rent Control Board, addressed Council on behalf of the Board regarding an amendment to the TORCA provision of the City Charter to prohibit a TORCA conversions after an Ellis withdrawal of property; in support of the declaration of a moratorium on the processing of TORCA covers ions ; and an increase in the tenant relocation assistance paid to tenants displaced by Ellis withdrawal. Council asked questions of the Ms. Packer-Davis and staff. councilmember Jennings moved to hear members of the public wishing to speak. The motion died for lack of a second. Mayor Pro Tem Finkel moved to direct City Attorney and City Manager to review the problems as set forth by the Rent Control Board and return with recommendations. Second by Councilmember Genser. The motion was unanimously approved. 10-B: RENT CONTROL BOARD/t1REVOLVING DOOR" ORDINANCE: Presented was a recommendation of the Rent Control Board to amend City of Santa Monica Municipal Code Sections 2151 (b) and 2151 (c) to include certain Rent control Board employees and Rent Control Board Commissioners under the tlRevolving Door" ordinance. Council asked questions of Mary Ann Yurkonis, Rent Control Board Administrator. Counci1member Reed moved to approve the recommendation of the Rent control Board and direct staff to return with an amendment to the "Revolving Door" ordinance which includes the Rent Control Board members and those staff members whom they have indicated that they would like to be included. Second by Councilmember Katz. Mayor Pro Tem Finkel moved to amend the motion so that the ordinance would operate prospectively only. The amendment was accepted as friendly. Discussion was held. The motion was unanimously approved. 5-B: APPOINTMENT OF MEMBERS TO VARIOUS BOARDS AND COMMISSIONS: Presented was the matter of the appointment of members to the Electrical Board of Appeals, Plumbing and Mechanical Board of Appeals, Social Services Commission, Pier Restoration Corporation, and Convention and Visitors Bureau, continued from January 9, 1990. Councilmember Abdo moved to appoint Yvonne Allen to the Social Services Commission by acclamation. Second by Councilmember Genser. The motion was unanimously approved. Yvonne Allen was thereby appointed to the Social Services Commission for a term ending June 30, 1990. Councilmember Abdo moved to continue the appointment of a member to the pier Restoration Corporation for one week. Second by Mayor Pro Tem Finkel. The motion was approved, Councilmember Katz abstained. Mayor Zane moved to direct the City Clerk to readvertise the vacancies on the Electrical Board of Appeals and Plumbing and Mechanical Board of Appeals. Second by Councilmember Jennings. Discussion was held. The motion was unanimously approved. Councilmember Katz moved Convention and Visitors to appoint Dan Kingsley to Bureau by acclamation. Second the by :2 January 16, 1990 12 Councilmember Reed. The motion was unanimously approved. Dan Kingsley was thereby appointed to the Convention and Visitors Bureau for a term ending June 30, 1991. 5-C: BI-NATIONAL AIDS CONFERENCE: Presented was the request of Councilmember Katz to discuss possible funding for a Bi-National Aids Conference with the u.s. and Mexico in March. Councilmember Katz moved to refer this item to staff for a recommendation. Second by Councilmember Reed. Councilmember Genser moved to hear from members of the public wishing to address council regarding this item. Second by Councilmember Katz. The motion was approved, Councilmember Reed opposed. The member of the public who requested to address council was not in attendance. The motion by Councilmember Katz to refer this item to staff was unanimously approved. 5-0: PURCHASE OF "ZIMMERMAN PROPERTY": Presented was the request of councilmember Katz to discuss consideration of the purchase of the "z immerman Property" and the acquisition price. Mayor Zane moved to consider this item in Closed Session at the end of the meeting. Second by Mayor Pro Tem Finkel. The motion was unanimously approved. a-A: DEMOLITION PERMIT PROCEDURES/ZONING ORDINANCE AMENDMENT: 14-F: APPROPRIATION/HISTORICAL RESOURCES SURVEY: Presented was a staff report transmi tting an emergency ordinance for introduction and adoption amending Section 9048.1 of the Santa Monica Municipal Code to revise City procedures related to the processing of demolition permit applications on an interim basis, and declaring the City Council's intention to amend the zoning ordinance. Councilmember Abdo moved to include consideration of Item 14-F with this discussion. Second by Councilmember Genser. The motion was unanimously approved. Discussion was held. Council asked questions of staff. At 8:30 P.M., Mayor Zane declared the public hearing opened. Members of the public Andy Layman, Dorian King, Leah Mende.lsohn, Joy Fullmer, Ellen Poll, Mary Hynes, Irma Vargas, Evelyn Salem, Merritt Coleman, Jacquie Banks, R. J. Garrett, Karl Schober, Bezahd Kianmahd, James Mount, Nathan Pratt, Elaine GOlden-Gealer, Carolyn Guillot, Eric Parlee, and Charlotte Clay spoke in opposition to the proposal. Members of the public Susan Suntree, Dave Paley, Mitchell Lachman, Rosario Perry, and Bea Nemlaha spoke in support of the proposal. Members of the public Evelyn Hitchcock, David Cameron, and Bruce Cameron spoke in support of the proposal with the extension of time limitations and an amendment to include structures 50-years or older rather than only pre-1930 buildings. councilmember Reed moved to hear late speakers. Second by Councilmember Genser. The motion was unanimously approved. Member of the public Pam O'Connor spoke in support of the proposal with the extension of time limitations and an amendment to include structures 50-years or older rather than only pre-1930 buildings. Members of the pUblic Rod Delson and Pauline Bohannon spoke in opposition to the proposal. At 10: 05 P.M., there being no one else wishing to speak, Mayor Zane closed the public hearing. 3 January 16, 1990 13 At 10:05 P.M., Council adjourned for a short recess~ At 10:20 P.M., Council reconvened with all members present. Discussion was held. Councilmember Reed moved to approve the ordinance with the deletion of Section 9048.1(a) (2); substituting 60 days for 30 days throughout the ordinance, and substituting the language, IIS0-years old or older, II for "built prior to 1930's,1I throughout the ordinance. Second by Councilmember Jennings. Discussion was held. Councilmember Katz moved to amend the above motion to include notification to property owners that their property is on the list of potential landmarks. Discussion was held. The amendment was accepted as friendly by the maker and second of the original motion. councilmember Katz moved a substitute motion to table this item for two weeks. Discussion was held. The motion to table died for lack of a second. Councilmember Genser moved a substitute motion to approve staff recommendation with the following changes: 1) allow Landmarks Commission 60 days, from the date of filing for a demolition or remodeling permit, for review by the Commission; and 2) change "built prior to 1930' s," to "50 years old or older. II Mayor Zane moved to table this item until after consideration of Item 12-B. Second by Councilmember Reed. The motion was unanimously approved. ll-B: PREFERENTIAL PARKING ZONE: Presented was a staff report transmitting a recommendation to direct the city Attorney to prepare an ordinance establishing a preferential parking zone for the area bounded by 20th Street, Wilshire Boulevard, 26th Street and Broadway, excluding 24th street and 25th street between Santa Monica Boulevard and Broadway and 26th Street. Councilmember Jennings left the dais due to a conflict of interest because he lives within the district being considered. Council asked questions of staff. At 10: 55 P.M., Mayor Zane declared the public hearing opened. Member of the public Jack Baptista spoke in opposition to preferential parking. Discussion was held. Councilmember Reed moved to extend the meeting to 12: 00 A.M. Second by Councilmember Katz. The motion was unanimously approved. Member of the public Daniel Galamba spoke in support of the proposal. Members of the public Roy Morando and Joseph Yadegar spoke in opposition to the proposal. There being no one else wishing to speak, the public hearing was closed. Councilmember Reed moved to approve the staff recommendation, thereby directing the City Attorney to prepare an ordinance to establish the preferential parking zone for the area bounded by 20th street, Wilshire Boulevard, 26th Street and Broadway, excluding 24th street and 25th Street between Santa Monica Boulevard and Broadway and 26th street; directing the Planning staff to conduct an environmental evaluation; and increasing the revenue account in the amount of $14,250 to reflect the additional revenue from the anticipated sale of permits. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Reed, Mayor Zane 4 January 16, 1990 14 Negative: councilmember Katz Absent: Councilmember Jennings Councilmember Katz requested that the record reflect that he voted against this item because he feels that this is merely a step toward ultimately establishing preferential parking for the entire city. councilmember Jennings returned to the dais. ll-C: CLOSED SESSION: Not held. 12-A: APPEAL OF CONDITIONAL USE PERMIT 89-061/1533 18th STREET: Presented was a staff report regarding an appeal of Planning Commission condition of approval for Conditional Use Permit 89-061 that requires the relocation of vehicle access from Eighteenth Street to the rear of the site at 1533 18th Street. Applicant: Tony Daghighian. Appellant: Gregory Bloomfield (project Architect). Council asked questions of staff. Appellant, Gregory Bloomfield, spoke in support of the appeal. Council asked questions of the appellant. Member of the public Suzanne Abrescia expressed concerns regarding detrimental effects on alley traffic. Appellant, Gregory Bloomfield, made closing comments. Council asked questions of appellant. Discussion was held. councilmember Genser moved to deny the appeal and uphold the decision of the Planning commission I s action on CUP 89-061 subject to the findings and conditions provided in the October 18, 1989, Planning commission statement of Official Action. Second by Councilmember Reed. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Genser, Jennings, Katz, Reed, Mayor Zane Negative: Mayor Pro Tempore Finkel Mayor Pro Tem Finkel requested the record reflect that he voted "no" on this issue as he is disquieted with the analysis of the safety aspect. 12-B: APPEAL OF EIR 884, DR 467 AND VAR 5432/MIXED COMMERCIAL DEVELOPMENT/800 WILSHIRE BOULEVARD: Presented was a staff report regarding an appeal of the planning commission condition of approval for ErR 884, DR 467 and VAR 5432 imposing a 2- and 3- story height limit on a mixed commercial development at 800 Wilshire Boulevard. Applicant: Wilshire Lincoln properties. Appellent: Mike Marino for Wilshire Lincoln Properties. council asked questions of staff. Councilmember Genser moved to extend the meeting until after council consideration of Items 12-B and 8-A. Second by Councilmember Reed. The motion was approved, Councilmember Katz opposed. Council questions of staff continued. proj ect Archi tect, David Forbes Hibbert spoke in support of the appeal. Council asked questions of Applicant/Appellant. Member of the public Rodney Delson 5 January 16, 1990 lS expressed concerns with this type of project and its consistency with zoning. Members of the public Karyn McHugh, Jack Baptista, Jennifer perito and Ellen Hannan spoke in opposition to the project. Member of the public Kim Hall spoke in support of the project but expressed concern with retail use during nighttime hours. Members of the public Sam Sayabalian and Tom Pyne spoke in support of the project. Member of the public Donald Nelson spoke in support of a modified project. Applicant/Appellant, David Hipperdine, spoke in rebuttal to comments made by members of the public. Councilmember Reed moved to approve the project with conditions as follows: 1) a project size limit of 75,000 square feet, 2) FAR of 2.5 and 1.5 for an average of 2.0, 3) 4-story height limit on the Wilshire end of the parcel and 3-story height limit on the southern part of the Lincoln frontage, 4) retaining the gas station on the parcel but granting to the developer flexibility as to the location of the gas station, requiring that there be no alley through-access, and 5) deleting any requirement concerning office space on the first floor and allowing the first floor usage to be at least one-half, if not more than one-half, retail in order to enhance the pedestrian environment; and 6) to remand the project back to Planning commission to reconsider the access, landscaping, articulation of the building, and the actual design of the portions of the project which are not yet at a level of design that is acceptable to the community. Second by Councilmember Katz. Discussion was held. councilmember Katz moved to amend the above motion to require increased landscape on both Wilshire and Lincoln Boulevards. The amendment was accepted as friendly. Discussion continued. The motion, as amended, was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Jennings, Katz, Reed, Mayor Zane Negative: Councilmembers Finkel, Genser Councilmember Reed councilmember Katz. vote: moved to certify the EIR. Second by The motion was approved by the following council vote: Affirmative: Councilmembers Abdo, Jennings, Katz, Reed, Mayor Zane Negative: Councilmembers Finkel, Genser councilmember Jennings left the meeting at 1:20 A.M. a-A: DEMOLITION PERMIT PROCEDURES (CONTINUED): Discussion on this item was continued from earlier 1n the meeting. Councilmember Genser I s substitute motion to approve the staff recommendation with amendments, failed by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Mayor Zane Negative: Councilmembers Katz, Reed 6 January 16, 1990 16 Absent: councilmember Jennings Councilmember Reed's motion to adopt the ordinance, amended to include language proposed by staff, failed by the following vote: Council vote: Affirmative: councilmembers Katz, Reed Negative: councilmembers Abdo, Finkel, Genser, Mayor Zane Absent: councilmember Jennings Councilmember Katz moved that owners of property on the revised list be notified of their property's inclusion on the list, and also informed regarding the City's intentional use of the list in the future, based on Council's discussions regarding this ordinance. Second by councilmember Reed. Discussion was held. Mayor Pro Tem Finkel moved to amend the motion to state that proposed language would be returned to Council for consideration. The amendment was accepted as friendly. The motion failed by the following vote: Council vote: Affirmative: councilmembers Katz, Zane Reed, Mayor Negative: Councilmembers Abdo, Finkel, Genser Absent: councilmember Jennings 14-F: HISTORICAL RESOURCES SURVEY: Presented was the request of Councilmember Abdo to discuss appropriation of $30,000 to undertake the next phase of the historical resources survey. councilmember Abdo moved to appropriate the funds necessary to complete the survey. Second by Mayor Pro Tem Finkel. Discussion was held. The above motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings a-A: DEMOLITION PERMIT PROCEDURES (RECONSIDERED): Councilmember Genser moved to reconsider Item a-A, above. Second by Councilmember Abdo. The motion was unanimously approved, Councilmember Jennings absent. Councilmember Katz re-stated his motion to notify the pUblic of the affected properties on the revised list, and that the language of the notice be presented to Councilmembers as an information item for comment, and if there is any concern about the language then the matter is to be brought back to council as a "511 item at the next regular meeting for final judgement regarding the content of the notice. The above motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane 7 January 16, 1990 17 Absent: Councilmember Jennings 14-F: HISTORICAL RESOURCES SURVEY (CONTINUED): Councilmember Abdo's previous motion to appropriate the funds necessary to complete the survey, was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Absent: Councilmember Jennings 14-B: COMMEMORATIVE BANNERS AND POSTERS FOR BLACK HISTORY MONTH AND DR. MARTIN LUTHER KING JR' 5 BIRTHDAY: The request of Mayor Pro Tempore Finkel to discu'Ss asking the city to provide and display banners and posters for Black History Month and Dr. Martin Luther King Jr.'s birthday was continued to the meeting of January 23, 1990. 14-C: SATURDAY MOVIE MATINEE PROGRAM: The request of Councilmember Jennings to discuss appropriating necessary funds to support a Saturday movie matinee program for young people at the Mann Wilshire Theater at 14th and Wilshire Boulevard was continued to the meeting of January 23, 1990. 14-D: TEMPORARY HOMELESS HOUSING MODULES: The request of Mayor Pro Tempore Finkel and Councilmember Katz to discuss aiding the students of Southern California Institute of Architecture, SCI-ARC, in the construction of a demonstration of temporary homeless housing modules on public property was continued to the meeting of January 23, 1990. 14-E: INSTALLATION OF DEDICATED TELEPHONE LINES: Councilmember Jennings I request to discuss the installation of dedicated telephone lines for City Council computers was continued to the meeting of January 23, 1990. 15: PUBLIC INPUT: Member of the Public, Jack Baptista, expressed his dissatisfaction regarding Council action on Item 12-B, above. ADJOURNMENT: At 1:40 A.M., the City council meeting was adjourned to January 23, 1990. ATTEST: APPROVED: h. ~'0t~ Clarice E. Joh City Clerk p.... ~ 50-. Dennis Zane Mayor 8 January 16, 1990