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M-10/23/1990 281 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 23, 1990 A regular meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:35 P.M., on Tuesday, October 23, 1990, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel councilmember Judy Abdo Councilmember Ken Genser Councilmember Herbert Katz (arrived at 7:54 P.M.) Absent: councilmember William H. Councilmember Christine E. Reed Jennings Also Present: city Manager John Jalili City Attorney Robert M. Myers City Clerk Clarice E. Johnsen Councilmember Katz led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. S-A: FAX MACHINES: Councilmember Katz withdrew his request to discuss the potential furnishing of Councilmembers with FAX machines. 5-B: APPEAL/EIR, EIA 887/0R 470/ZA 5368-Y/2320 WILSHIRE BOULEVARD: Presented was the appeal of Planning Commission certification of an EIR, EIA 887 and approval of DR 470 and variance, ZA 5368-Y to allow construction of a 101,608 square-foot, 2.5 FAR, five-story, 66'6n tall, all-office development with driveway access on 23rd and 24th streets and subterranean parking. Applicant: HSM Group/Kennedy-Wilson. Appellants: Mid-City Neighbors and Save Our Neighborhood. Council asked questions of staff. Councilmember Katz moved to continue Items a-A, 8-B, ll-A, ll-B, and l4-A to October 30, 1990, at 7:30 P.M. Mayor Pro Tempore Finkel. The motion was unanimously Councilmernbers Jennings and Reed absent. 8-C, 8-0, Second by approved, Appellant Kelly Olsen, speaking on behalf of Mid-City Neighbors spoke in opposition to the project and in support of the appeal. Council asked questions of staff. Appellant Bill Weingardenl speaking on behalf of Save Our Neighborhood, spoke in opposition to the proj eet and in support of the appeal. Chris Harding, speaking on behalf of the applicant, spoke in support of the project and in opposition to the appeal. Council asked questions of staff. Councilmember Katz moved to hear sixteen late chits. Second by Councilmember Genser. The motion was unanimously 1 October 23, 1990 I I .::tI..: approved, Councilmembers Jennings and Reed absent. Council asked questions of staff. At 10:00 P.M., council adjourned for a short recess. At 10:20 P.M., Council reconvened with all members present. Mayor Pro Tempore Finkel moved that Council make a finding and a declaration that council is capable of, and competent to make a decision in this case without regard to any concerns of political bias relating to the upcoming election, or any other factor. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane Absent: Councilmembers Jennings, Reed Mayor Zane declared the public hearing re-opened. Members of the public Jeannie Horcasitas, Ellen Lehman, Patrick Smith, Larry Hanser, Rodger Terry, George Hickey, Merritt Coleman, Beau Marks, Jean Gebman, Gordon Payne, stuart ziff, Linda Evans, Sylvia Schniad, and Manfred Schlosser spoke in support of the appeal. Members of the pUblic Nancy Cohen, Paul Rosenstein, Linda Johnson, Bill McMorrow, Leslie Manabe, Lew Halpert, Sandra Gluckman, Don Kennedy, and Alex Evangelista spoke in opposition to the appeal. Councilmember Katz moved to extend the meeting to 1:00 A.M. Second by Councilmember Genser. The motion was unanimously approved, Councilmembers Jennings and Reed absent. Members of the public Eric Chen, Jack Baptista, Ken Breisch, Tom Kingsley, Janet Napier, Laurie NeWll\an, Maryanne Solomon, Kathy Kartiganer, Donald Nelson, Bruce Cameron, Barrie Young, Peter Solomon, Jill Chapin, Raymond Sarna, Joseph Yadegar, Cheri Dickinson, Eric siss, and Kathleen Schwallie spoke in support of the appeal. Members of the pUblic Dean Heck, Jeff Schneider, Robert Gray, Jeff Davidson, and Adrian Reif spoke in opposition to the appeal. Member of the public Peter Nagle expressed his concerns. Applicant Chris Harding rebutted statements made during public testimony. Council asked questions of Mr. Harding. Council asked questions of staff. Appellant Bill Weingarden rebutted statements made during public testimony. council asked questions of Mr. Weingarden. Counci1member Katz moved to extend the meeting to 1:45 A.M., conditioned that Council discussion begin at this point. Second by Councilmember Genser. The motion was unanimously approved, Councilmembers Jennings and Reed absent. Councilmember Katz moved to begin with a 30' setback off the alley for landscaping, allow the applicant to construct a stepped building of two to three stories with the possibil i ty of four stories only in the first 45' south of Wilshire Boulevard with the maximum height 45' for the four-story portion, a maximum height of 35' for the three-story portion, and a maximum square footage of 85,000 square feet. The motion died for lack of a second. Discussion was held. Mayor Pro Tempore Finkel moved to 2 Octoher 23, 1990 L:tI.,j approve a project which has an FAR of 2.0, which is three stories high, and is to be scoped by an outside contractor. Second by Mayor Zane. Discussion was held. Mayor Pro Tempore Finkel withdrew his motion. Discussion was held. Mayor Zane moved to adopt Resolution No. 8142 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE HSH GROUP PROJECT AT 2320 WILSHIRE BOULEVARD," reading by title only and waiving further I reading thereof, thereby certifying the Environmental Impact Report and approving a project at 2.0 FAR with a basic height of three stories unless, that by moving to the fourth floor within the first 45' of wilshire Boulevard, with a 3D' minimum setback off of the property line on the alley, with the option of going to a fourth floor within the first 45' off of Wilshire Boulevard if a setback of 50' or more from the property line of the alley can be achieved, with fully mature trees in a parklike setting from the southerly property line of the alley and direct staff to return with findings and conditions to implement Council decision for approval by the meeting of November 13, 1990. Second by Councilmember Katz. The motion was approved by the following vote: council vote: Affirmative: Councilme:mbers Abdo, Finkel, Katz, Mayor Zane Negative: Councilmember Genser Absent: Councilmembers Jennings, Reed councilmember Genser requested that the record reflect that he voted "no" on this item because he feels that a 2.0 FAR is too large of a project for this site. councilmember Genser moved to extend the meeting to 2: 30 A.M. Second by councilmember Abdo. The motion was approved. 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 Abdo moved to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Genser. The motion was approved by the fOllowing vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane Absent: councilmembers Jennings, Reed 6-A: MINUTES APPROVAL: The City Council Minutes of September 25, and October 2/ 1990, were approved. 6-B: LANDSCAPE AREA/COMMERCIAL DISTRICT: Ordinance No. 1553 (CCS) entitled: uAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3 October 23, 1990 I 284 9041.6 TO ALLOW THE CONSTRUCTION OF BUILDINGS ON THE STREET PROPERTY LINE FOR THE FIRST TWO FLOORS," was adopted. 6-C: HAZARDOUS MATERIALS: Ordinance No. 1.554 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 5500, 5501., 5502, 5503, 5504, 5505, 5507, 5009, 5510, 5515, AND 5517 AND ADDING SECTIONS 5510.1 AND 5521 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO HAZARDOUS MATERIAL RELEASE RESPONSE PLANS AND INVENTORY, II was adopted. 6-D: REMODEL/RENOVATE/SECOND FLOOR OF CITY HALL: contract No. 5619 (CCS) was awarded to Noel TOmberlin General Contractor in the amount of $1.79,350 to remodel and renovate a portion of the second floor of City Hall. 6-E: CAB AND CHASSIS/PARKS DIVISION: Bid No. 2307 was awarded to Santa Monica Ford in the amount of $18,544.61 for a cab and chassis with service type body for the Parks Division, Cultural and Recreation Services Department. 6-F: REFUSE TRUCK: Bid No. 2308 was awarded to Boerner Truck Center in the amount of $65,115.37 for a refuse truck for the Solid Waste Management Division, General Services Department. 6-G: PICKUP TRUCK: Bid No. 2309 was awarded to Santa Monica Ford in the amount of $17,322.32 for one pickup truck for the Beach Maintenance Division, Cultural and Recreation services Department. 6-H: CAB AND CHASSIS WITH CRANE: Council approved the recommendation to reject all bids on Bid No. 2310 for a 3/4 ton cab and chassis with crane for the Water Division and directed staff to rebid the requirement. 6-1: CAB AND CHASSIS WITH DUMP TYPE STAKE BODY: Bid No. 2311 was awarded to Santa Monica Ford in the amount of $17,990.58 for cab and chassis with dump type stake body for the Parks Division, Cultural and Recreation services Department. 6-J: REFUSE COLLECTION: Council approved the recommendation that the city Attorney be directed to prepare an ordinance that will allow the Director of General Services to require more frequent collection of refuse for certain businesses. 6-K: FINAL SUBDIVISION MAP/TRACT NO. 21340/TPC-090/1118 16TH STREET: Resolution No. 8112(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21340," was adopted thereby approving a 4-unit tenantparticipating conversion at 1118 16th Street. 6-L: FINAL SUBDIVISION MAP/TRACT NO. 48601/TPC-094/2025-2045 FOURTH STREET: Resolution No. 8113(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48601," was 4 October 23, 1990 285 adopted, thereby approving a 72- unit tenant-participating conversion project at 2025-2045 Fourth street. 6-M: EXPANSION OF USES/MAIN STREET, DOWNTOWN AND MONTANA AVENUE: Council approved the recommendation that the city Attorney be directed to prepare a1rlended ordinances expanding the allowable uses of Main street, Downtown and Montana Avenue businesses and parking assessment. 6-N: CALIFORNIA PARK, RECREATION, AND WILDLIFE ENHANCEMENT ACT OF 1990: Resolution No. 8143 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING THE CALIFORNIA PARK, RECREATION, AND WILDLIFE ENHANCEMENT ACT OF 1990," was passed, approved, and adopted thereby supporting Proposition 149. END OF CONSENT CALENDAR a-A: NORTH OF WILSHIRE NEIGHBORHOOD: The ordinance for introduction and first reading modifying the R2 and R3 District, bounded by Ocean Avenue on the west, 14th street on the east, Wilshire Boulevard on the south, Montana Avenue to the north, or more commonly referred to as the North of Wilshire Neighborhood was continued to the meeting of October 30, 1990. 8-B: BUSINESS LICENSE TAX: The ordinance for introduction and first reading amending Ordinance Number 960 (CCS) to change the additional business license tax levied in the Montana Avenue Business Improvement District was continued to the meeting of October 30, 1990. 8-C: ZONE CHANGE AMENDMENT 34: The ordinance for introduction and first reading adopting Zone Change Amendment 34 to a~end the Interim Official Districting Map was continued to the meeting of October 30, 1990. 8-D: THIRD STREET NEIGHBORHOOD HISTORIC DISTRICT: The ordinance for introduction and first reading adding Chapter 6A to Article IX of the Santa Monica Municipal Code implementing procedures for review of the alteration or demolition of structures located in the Third Street Neighborhood Historic District was continued to the meeting of October 30, 1990. 8-E: TROPICAL RAINFOREST WOOD PRODUCTS: The ordinance for adoption and second reading adding Chapter SA to the Santa Monica Municipal Code to prohibit the city's purchase and use of any tropical rainforest wood products was continued to the meeting of October 30, 1990. 8-F: POSTING AGENDAS: reading adding Chapter Municipal Code relating continued to the meeting The ordinance for adoption and second 1A to Article I of the Santa Monica to the posting of agenda notices was of October 30, 1990. 9-A: MEMORANDUM OF UNDERSTANDING/FIREFIGHTERS: authorizing the City Manager to execute a The Resolution Memorandum of 5 October 23, 1990 I I 286 Understanding with the Firefighters, Local 1109 was considered in Closed Session at the end of this evening's meeting. 11-A: HAZARDOUS MATERIALS RELEASE RESPONSE PLANS & INVENTORY PROGRAM: The recommendation to adopt a resolution establishing fees for hazardous materials release response plans and inventory program was continued to the meeting of October 30, 1990. ll-B: REFUSE FEE DEPOSIT: The recommendation resolution setting the fee for deposit of refuse private refuse haulers at the city's transfer continued to the meeting of October 30, 1990. 13-A: JAMES D. WILLIAMS: James D. Williams withdrew his request to' address Council regarding tree maintenance by the City. to adopt a by licensed station was 13-B: BORIS ZAK: The request of Boris Zak to address Council regarding his project at 1753 Euclid street was continued to a future Council meeting. 14-A: COMMISSION ON STATUS OF WOMEN: The appointment of a member to the Commission on the status of Women was continued to the meeting of October 30, 1990. 14-B: WAIVER OF FEE/WESTSIDE COALITION: The request of Mayor Zane to discuss waiving the fee for the use of the council Chambers by the Wests ide Coalition on November 13, 1990, was continued to the meeting of October 30, 1990. CLOSED SESSION: At 1:50 P.M., Council adjourned to Closed Session for the purpose of discussing Item No.9-A. Councilmember Abdo moved to adopt Resolution No. 8144(CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE FIREFIGHTERS LOCAL 1109,f1 reading by title only and waiving further reading thereof, thereby approving Contract 5623 (CCS) . Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane Absent: Counci1members Jennings, Reed ADJOURNMENT: At 2:15 A.M., the meeting was adjourned to October 30, 1990, at 7:30 P.M. ATTEST: ~~. Clarl.ce E. Joh City Clerk APPROVED: ""'" .. r"] 7 Iv) 0.; / "\ C~ Dennis ZaneJ Mayor 6 October 23, 1990