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M-11/14/1989 367 CITY OF SANTA MONICA CITY COUNCIL MINUTES NOVEMBER 14, 1989 A regular meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:35 P.M., on Tuesday, November 14, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Councilmember Judy Abdo Mayor Pro Tempore David B. Finkel Councilmember Ken Genser councilmember William H. Jennings (arrived at 7:37 P.M.) Councilmember Herbert 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 Reed led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: ACKNOWLEDGEMENT OF STATE OF CALIFORNIA 1989 HONOR AWARD/COMMUNITY PLANNING CATEGORY: Disability Coordinator Audrey Parker, on behalf of the city of Santa Monica, accepted the State of California 1989 Honor Award in the Community Planning Category for the establishment and support of the Office for the Disabled which coordinates accessibility projects in the public and private sectors of the community. Mayor Pro Tempore Finkel moved to hear Item 13-D at this time. Second by Councilmember Katz. The motion was uanimously approved. 13-D: MOUNTAIN VIEW MOBILE HOME PARK: Phyllis Goff addressed Council regarding the concerns of residents of the Mt. View Mobile Home Park with respect to the sale of the park to Watt Industries. councilmember Genser moved to hear from an additional speaker on this item for three minutes. Second by Mayor Pro Tempore Finkel. The motion was approved, Councilmember Reed opposed. Member of the Rent Control Board, Susan Packer-Davis, addressed Council in support of the residents of Mt. View Mobile Home Park. Council asked questions of staff. councilmembers expressed their support of the residents of the Mt. View Mobile Home Park. 1 November 14, 1989 368 CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING: At 8: 05 P.M., Mayor/Chairperson Zane convened a special joint meeting of the Santa Monica City council and Parking Authority. parking Authority Roll Call: Present: Chairperson Dennis Zane Chairperson Pro Tempore David B. Finkel Authority Member Judy Abdo (present at 8:07 P.M.) Authority Member Ken Genser Authority Member william H. Jennings Authority Member Herbert Katz Authority Member Christine E. Reed Also Present: Executive Secretary John Jalili Authority Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen PA-l: PARKING AUTHORITY MINUTES: Presented for approval were the Parking Authority minutes of September 5, and September 12, 1989. Authority Member Katz moved to approve the minutes as presented. Second by Chairperson Pro Tempore Finkel. The motion was unanimously approved, Authority Member Abdo was absent from dais. CC/PA-2: RETIREMENT HOUSING FOUNDATION OF SANTA MONICA/PARKING COMPONENT/SENIOR HOUSING PROJECT 1121-1135 THIRD STREET: Presented was a staff report requesting approval of a proposal to authorize City Manager/Executive Secretary to negotiate agreements with the Retirement Housing Foundation of Santa Monica, RHF Housing, Inc., regarding construction of a parking component of HUD 202 senior housing project at 1121-1135 Third street, and request for authorization of a $950,000 appropriation for parking construction. council asked questions of staff. Member of the publ ic, Mathew Millen, spoke in support of the proj ect and supports more similar proj ects. Chairperson Pro Tempore Finkel moved, on behal f of the Parking Authority, to accept staff recommendations 1, 2, and 3, thereby authorizing the Executive Director to negotiate and execute a construction agreement, and any such other documents necessary to accomplish the construction of the lID-space parking facilitYi authorizing the Executive Director to convey and sell to the City of Santa Monica the 110-space parking structure, and to negotiate and execute all agreements and documents necessary to accomplish this transaction; and to reallocate the existing appropriation of $450,000.00 in Account Number 77-770-610-25689-8926-99159, and appropriate an additional $500,000.00 from Fund Balance, to Account Number 77-770-610-29790-8926-99l59 for disbursement to RHF for construction of the 110-space parking structure. Second by Authority Member Abdo. Discussion was held. Authority Member Katz moved to amend the motion to prohibit the development of the parking structure without a funding commitment from HUD for the senior housing. The amendment was accepted as friendly. The motion was approved by the following vote: 2 November 14, 1989 369 Parking Authority vote: Affirmative: Authority Members Abdo, Finkel, Genser, Jennings, Katz, Chairman Zane Negative: Authority Member Reed Mayor Pro Tempore Finkel moved, on behalf of the City council, to approve staff recommendations land 2, as amended by Councilmember Katz, thereby authorizing the city Manager to negotiate and execute a Modification Agreement to Contract No. S059(CCS) amending the existing agreement for the sale of air-rights between the City and Santa Monica RHF Housing, Inc., to limit the borrower corporation's responsibility to development of the housing component of the Third street Senior Housing Project, and to revise the estimated sales price of the project air-rights to $1,299,000.00; and authorizing the City Manager to negotiate and execute Contract No. 5455(CCS) an Agreement between the city of Santa Monica and the Parking Authority of the City of Santa Monica pursuant to which the city will purchase the parking component of the Third street senior Housing project for $950,000 plus interest from proceeds of the sale of air-rights to the borrower corporation, and to negotiate and execute all other agreements necessary to accomplish this transaction. Second by Councilmember Abdo. Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed Councilmember Reed asked that the record reflect that she voted "no" on this issue due to her concern with the inherent risk in the project in waiting for the determinations on funding by HUD and also because the Parking Authority will be committing 100% of its funds to this project. At 8: 40 P. M., the j oint meeting of the City Council and the Parking Authority was adj ourned and the regular city Council meeting was reconvened. 5-A: USE OF COUNCIL TRAVEL FUNDS: Presented was the request of Councilmernber Katz to use travel funds to attend the Turning the Tide Conference in Seattle on December 4, and 5, 1989. Councilmember Reed moved that Councilmember Katz be authorized to use travel funds to attend this conference. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. 5-B: MORATORIUM LOOPHOLE/MEDICAL OFFICE BUILDINGS: Mayor Zane initiated discussion of an existing loophole in the moratorium for medical office buildings. Councilmember Genser moved to hear public input for three minutes each. Second by councilmember Abdo. The motion was approved, Councilmembers Katz and Reed opposed. Members of the public, Michael Brourman and Conrad Melilli expressed concern regarding traffic generated by hospitals and medical offices. Mayor Zane moved that this matter 3 November 14, 1989 370 be referred to ci ty staff for their review and returned to Council within thirty days with a recommended course of action. Second by Councilmember Abdo. Discussion was held. The above motion was unanimously 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 Katz moved to approve the Consent Calendar with the exception of Item 6-0, Item 6-K, which was withdrawn at the request of staff, and Item 6-BB, which was continued to the meeting of November 21, 1989, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The City Council minutes of October 10, and October 17, 1989, were approved as presented. 6-B: CREATION OF EXEMPTION THRESHOLDS: Ordinance No. 1498 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 1481(CCS) TO EXEMPT APPLICATIONS FOR PROPOSED DEVELOPMENTS AT OR BELOW SPECIFIED SQUARE FOOTAGES IN THE BROADWAY COMMERCIAL DISTRICT AND THE RESIDENTIAL-VISITOR COMMERCIAL DISTRICT," was adopted. 6-C: REFUSE COLLECTION AND RECYCLING ACTIVITIES: Ordinance No. 1499 (cCS) enti tled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REFLECT CHANGES IN THE CITY I S REFUSE COLLECTION AND RECYCLING ACTIVITIES," was adopted. 6-E: DOGS IN DESIGNATED AREAS OF CITY PARRS: Ordinance No. 1501 (CCS) entitled: JtAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4115 OF THE SANTA MONICA MUNICIPAL CODE TO PERMIT DOGS IN DESIGNATED AREAS OF CITY PARKS," was adopted. 6-F: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7931 (CCS) entitled: "A 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-89- 152/153) ," thereby setting a public hearing for December 12, 1989, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets, was adopted. 6-G: FINAL SUBDIVISION MAP FOR TRACT NO. 45720: Resolution No. 7932 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 45720," thereby approving Final Subdivision Map for Tract No. 45720, an 11-unit tenant participating conversion project at 2431 3rd Street, was adopted. 4 November l4, 1989 371 6-H: HANDICAPPED PARKING ZONE/1018 4TH STREET: Resolution No. 7933 (CCS ) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 1018 4TH STREET/II was adopted. 6-1: ASSESSMENT DISTRICT/STREET LIGHTING: Resolution No. 7934 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF STREET LIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREET LIGHTING AND APPURTENANT WORK ON VARIOUS CITY STREETS AS SHOWN ON CITY DRAWING NO. 5384, WITHIN THE CITY OF SANTA MONICA," thereby setting a public hearing for December 12, 1989, regarding the Ci ty , s intention to form an assessment district for the installation of street lighting on Lincoln Boulevard from Colorado Avenue to Olympic Boulevard, was adopted. 6-J: CONDITIONAL USE PERMIT 534 AND VARIANCE ZA 5395-Y: A certification of the Statement of Official Action reversing the Planning Commission denial of Conditional Use Permit 534 and variance ZA 5395-Y to allow the operation of a 180-seat restaurant and the issuance of a general alcohol license to allow on-site consumption at 1413 5th Street was approved. 6-K: COMPUTER AIDED DISPATCH: The recommendation to waive competitive bidding and authorize City Manager to discontinue contract negotiations with Command Data Systems and negotiate and execute a contract directly with Public Safety Systems Inc. to provide Computer Aided Dispatch (CAD) and other related records management software was withdrawn at the request of staff. 6-L: PLANS AND SPECIFICATIONS/LOW-FLOW PIPE EXTENSION: A recommendation to approve the plans and specifications prepared by the Los Angeles County Department of Public Works for a lowflow pipe extension to the Pico-Kenter storm Drain and authorization of its construction, operation, and maintenance within the city was approved. 6-M: NEW WHEEL LOADER/SOLID WASTE MANAGEMENT DIVISION: Bid No. 2244 was awarded to Glenn B. Darning, Inc. in the amount of $23,105.18 to furnish and deliver one new wheel loader with 1- yard bucket and material grapple for the Solid Waste Management Division, General Services Department. 6-N: NEW CAB AND CHASSIS/CIVIC AUDITORIUM DIVISION: Bid No. 2245 was awarded to Santa Monica Ford in the amount of $l8,4l8.11 to furnish and deliver one new 11,000 Gross Vehicle Weight Rated (GVWR) cab and chassis with dump-type stake body for the Civic Auditorium Division, Cultural and Recreation Services Department. 6-0: NEW CAB AND CHASSIS/PARKS DIVISION: Bid No. 2246 was awarded to Pac Power, Inc. in the amount of $68,118.47 to furnish and deliver one new 27,000 GVWR cab and chassis with 50 foot articulated personnel lift for the Parks Division, Cultural and Recreation services Department. 5 November 14, 1989 372 6-P: BROOM SEGMENTS FOR MOBILE SWEEPERS/FLEET MAINTENANCE DIVISION: Bid No. 2257 was awarded to San Diego Rotary Broom Co. at specified unit prices to furnish rebuilt exchange main and side brook segments for mobile sweepers for the Fleet Maintenance Division, General Services Department. 6-Q: LOW PROFILE DUMP TRUCK/STREET SWEEPING DIVISION: Bid No. 2248 was awarded to Carmen ita Truck center in the amount of $32,209.86 to furnish and deliver one new low profile dump truck for the street Sweeping Division, General Services Department. 6-R: NEW CAB AND CHASSIS/WATER DIVISION: awarded to Thorson GMcjBuick in the amount furnish and deliver one new 48,400 GVWR cab la-yard dump body for the water Division, Department. Bid No. 2249 was of $66,382.52 to and chassis wi th General Services 6-S: OUTLET BOXES, SWITCH BOXES, AND CONNECTORS/VARIOUS DEPARTMENTS: Bid No. 2250 was awarded to Brandon Industrial at specified unit prices to furnish and deliver outlet boxes, switch boxes, and connectors for various departments. 6-T: BUSHINGS, CONNECTORS, CLAMPS, AND COUPLINGS/VARIOUS DEPARTMENTS: Bid No. 2251 was awarded to Brandon Industrial at specified unit prices to furnish and deliver bushings, connectors, clamps, and couplings for various departments. 6-U: ULTRA LOW-FLOW TOILETS/WATER DIVISION: Bid No. 2253 was awarded to Rainbow at specified unit prices to furnish and deliver 900 ultra low-flow toilets for the Water Division, General Services Department. 6-V: AUTOMATED REFUSE BODY/SOLID WASTE MANAGEMENT DIVISION: Bid No. 2254 was awarded to Refuse Trucks, Inc. in the amount of $63,378.15 to furnish and install a 30-cubic yard capacity automated refuse body for the Solid Waste Management Division, General Services Department. 6-W: AUTOMATED REFUSE BODY/SOLID WASTE MANAGEMENT DIVISION: Bid No. 2255 was awarded to Refuse Trucks, Inc. in the amount of $58,692.15 to remove existing packer body and install a 22- cubic yard capacity automated refuse body for the Solid Waste Management Division, General Services Department. 6-X: AUTOMATED REFUSE PACKERS/SOLID WASTE MANAGEMENT DIVISION: Bid No. 2256 was awarded to Fred M. Boerner Motor Co. in the amount of $212,968.04 to furnish and deliver two 22- cubic yard capacity automated refuse packers for the Solid Waste Management Division, General Services Department. 6-Y: INSTALLATION OF FIRE ALARM AND DETECTION SYSTEM IN CITY HALL/POLICE FACILITIES: Contract No. 5456 (CCS) was awarded to Security Specialists Electrical Contractors in the amount of $63,323 for installation of a fire alarm and detection system in the City Hall/Police facilities. The necessary change orders were authorized. 6 November 14, 1989 373 6-Z: LOWER MAXIMUM WEIGHT LIMITATION/CALIFORNIA INCLINE: Resolution No. 7935 (CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY OBJECTIONS TO THE AMENDMENT OF SANTA MONICA MUNICIPAL CODE SECTION 3346 TO LOWER THE MAXIMUM WEIGHT LIMITATION OF VEHICLES ON THE CALIFORNIA INCLINE," was adopted thereby setting a public hearing for January 23, 1990, to amend Santa Monica Municipal Code section 3346 to lower the maximum weight limitation of vehicles on California incline. 6-AA: CONSTRUCTION OF GYMNASIUM/CHARNOCK WELL PROPERTY A recommendation to authorize the City Manager to negotiate and execute Contract No. 5457(CCS), a lease agreement with windward School to allow construction of a gymnasium on the Charnock Well property, was approved. 6-BB: EASEMENT AGREEMENT FOR OUTDOOR DINING AREA: A recommendation to authorize the City Manager to negotiate and execute an easement agreement for an outdoor dining area with DAB Corporation, DBA I Cugine Restaurant at l501 Ocean Avenue, was continued to November 21, 1989. END OF CONSENT CALENDAR 6-0: RESTRICTION ON USE OF REMOTE CONTROL MODELS: Presented was an ordinance for adoption and second reading adding Section 4203j to the Santa Monica Municipal Code to restrict the use of remote control models in the City, introduced October 17, 1989. Councilmember Genser moved to hear from the publ ic for three minutes each. Second by Councilmember Katz. The motion was approved, Mayor Pro Tempore Finkel and Councilmember Reed opposed. Member of the public, George Hickey, urged Council to not restrict model airplanes which are quiet and do not contribute to pollution. Councilmember Reed moved to adopt Ordinance No. l500(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4203J TO THE SANTA MONICA MUNICIPAL CODE TO RESTRICT THE USE OF REMOTE CONTROL MODELS IN THE CITY." Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: unanimously approved 7-0 7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report and public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs. At 9:00 P.M., Mayor Zane declared the public hearing opened. There being no one wishing to speak, Mayor Zane declared the public hearing closed. Councilmember Reed moved to approve the assessment for sidewalks, driveways, and curbs, adopt Resolution No. 7936(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS, II with the exception of the parcel for which the protest was received (1728 and 1730 Olympic) for which staff will report back at a later date regarding the parcel'S disposition, was adopted as amended by the following roll call vote: 7 November 14, 1989 374 Council vote: Unanimously approved 7-0 8-A: SANTA MONICA AIRPORT DEVELOPMENT AGREEMENT: Presented was a staff report transmitting an ordinance for re-introduction and first reading approving the Development Agreement for the airport between Reliance Development Group and the City of Santa Monica. Council asked questions of staff. Councilmember Genser moved that each member of the public be granted three minutes to speak. The motion died for lack of a second. Mayor Zane opened the pUblic hearing at 9:05 P.M. Members of the public Joy Fullmer, Cheri DiCkinson, Gregory Thomas, Richard Dickinson, Craig Schmitman, Jennifer polhemus, Emmalie Hodgin, Eric Siss, Suzanne Brewer, William scheding, Donna Worden, Griff Hoerner, George HiCkey, Kathleen Schwallie, and Eric Chen spoke in opposition to this project. Members of the public Robert Tompkins, George Zurow, Meganne Steele, Irene Zivi, Browne Goodwin, and William Brantley spoke in support of the project. Mathew Millen stated that while he neither supports nor opposes the project, he does support increased in-lieu fees in order for affordable housing to be built in Sunset Park. Mayor Zane closed the public hearing at 9:45 P.M. Mayor Zane moved to adopt the staff recommendation, thereby introducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN RELIANCE DEVELOPMENT GROUP, INC. AND THE CITY OF SANTA MONICA,tt reading by title only and waiving further reading thereof. Second by Councilmember Abdo. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Jennings, Reed, Mayor Zane Negative: Councilmembers Finkel, Genser, Katz At 10:00 P.M., Council adjourned for a short recess. At 10:22 P.M., Council reconvened. 8-B: MODIFICATION OF ZONING ORDINANCE: An ordinance for introduction and first reading modifying Section 9041. 6 of the Zoning Ordinance regarding landscape standards for building sites in commercial districts, was withdrawn at the request of staff. 8-C: ORDINANCE REGARDING DEVELOPMENT AGREEMENT WITH SANTA MONICA COLLEGE: Presented was a staff report transmitting an ordinance for second reading and adoption regarding a development agreement with Santa Monica College for the construction of two parking structures, introduced November 7, 1989. Councilmember Reed moved to approve the staff recommendation, thereby adopting Ordinance No. 1502 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA AND THE SANTA MONICA COMMUNITY COLLEGE DISTRICT, II reading by title only and waiving further reading thereof, and approving Contract No. 5458 (CCS) . 8 November 14, 1989 375 The motion was approved by the Second by Councilmember Katz. fo11owing vote: council vote: Affirmative: Councilmembers Abdo, Mayor Zane Katz, Reed, Negative: Councilmembers Genser, Jennings Abstain: Mayor Pro Tempore Finkel Mayor Pro Tempore Finkel requested the record to reflect that he abstained due to the fact that he was not in attendance at the November 7, 1989, meeting. councilmember Jennings requested the record to reflect that he voted "no" because he was not able to vote to certify the EIR. II-A: MORATORIUM ON RESIDENTIAL DEVELOPMENT: The recommendation to direct the City Attorney to prepare an ordinance extending the moratorium on residential development in the area bounded by Ocean Avenue to the west, 14th street to the east, wilshire Boulevard to the south and Montana Avenue to the north, and an ordinance to amend the zoning ordinance, implement the rate of construction program and construction management program was continued to November 21, 1989. 11-B: CLOSED SESSION: Not held. 12-A: APPEAL OF PLANNING COMMISSION/SUBWAY SANDWICH SHOP/18GS LINCOLN BOULEVARD: Presented was an appeal of the Planning commission denial of Conditional Use Permit 89-043 and Variance 89-035 to permit an eight-seat fast food Subway Sandwich Shop at 186S Lincoln Boulevard. Applicant: Andrew M. Oldfield Council asked questions of staff. Chris Harding spoke on behalf of applicant/appellant. Council asked questions of the representative of the applicant/appellant. Mayor Zane declared the public hearing open at 10:50 P.M. and members of the public Cece Bradley, Joseph Ruiz, and Vuthy Buorn spoke in support of the appeal. Ian Suarez stated his opposition to the appeal. councilmember Reed moved to extend the meeting to 12: 00 A.M. Second by Councilmember Genser. The motion carried unanimously. Mark Farzan and Donna Alvarez spoke in support of the appeal. The public hearing was closed at 11:00 P.M. Councilmember Reed moved to uphold the appeal, overturning the Planning commission, and incorporate the variance findings, Conditional Use Permit findings and special conditions as presented by staff, as well as the inclusion within the "no video games" condition, a prohibition against pinball games or other similar video arcade games; to include no other vending machines with the "no cigarette vending machines" condition; to include the statement that employees shall carry out such monitoring duties of clean-up, etc., at least twice every business day, and; to correct a typographical error by adding the word "no" in Condi tion No. II in front of the word "alcohol n on Page 4 and also delete the condo condition which was included in error. 9 November 14, 1989 376 Second by Councilmember Abdo. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 12-B: APPEAL OF PLANNING COMMISSION/CONDOMINIUM/1253 11TH STREET: Presented was an appeal of the Planning Commission approval of Conditional Use Permit 89-046, Tentative Tract Map 48039 to permit construction of a three-story, 34' high, five unit condominium constructed over a subterranean parking garage located at 1253 11th street. Applicant: Mr. and Mrs. Leo Chang. Appellant: Syd Jurin, representing residents and homeowners of 11th street. Appellant Syd Jurin addressed Council in support of the appeal. council asked questions of the appellant. Mayor Zane declared the public hearing open at 11:22 P.M. and members of the public Dave Paley, Jan Paley, Sylvia Shniad, Bruce Cameron, Susan Suntree, Philip Daughtry, Conrad Melilli, Bea Nemlaha, and Pam O'Connor spoke in support of the appeal. Members of the public Jeff Vinion and James Mount spoke in opposition to the appeal. Councilmember Reed moved to extend the meeting to 12: 30 A.M. Second by councilmember Abdo. Motion failed. councilmember Reed moved to extend the meeting to 12: 20 A.M. Second by Councilmember Abdo. The motion was duly approved. The public hearing was closed at 12:01 A.M. Councilmember Reed moved to deny the appeal, and in so denying approve the Conditional Use Permit adding the condition that the applicant shall make a good faith effort to have either one or both of the houses on the subject site removed and relocated, the effort being to offer the houses at no cost, with the moving expenses being borne by the person accepting, the house with the developer advertising same in appropriate publications and the developer satisfying the Planning Department that the good faith effort was made over a consecutive three-month period, prior to the issuance of the building permit. Second by Councilmember Katz. Discussion was held. Mayor Pro Tempore Finkel moved a substi tute motion to grant the appeal and deny the Conditional Use Permit. Second by Councilmember Abdo. Discussion was held. councilmember Genser moved to extend the meeting to 12: 30 A. M. Second by Councilmember Reed. The motion to extend the meeting was approved, Mayor Pro Tempore Finkel and Councilmember Katz opposed. Discussion continued. Councilmember Genser moved to amend the substitute motion to direct staff to return to Council at a later date with findings. The amendment was accepted as friendly. The substitute motion was approved by the following roll call vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Mayor Zane Negative: Councilmembers Jennings, Katz, Reed Councilmember Reed moved to extend the meeting to 1: 00 A.M. Second by Councilmember Genser. Motion failed, Mayor Pro Tempore 10 November 14, 1989 377 Finkel, Councilmembers Katz and Jennings opposed. Councilmember Reed moved to extend the meeting to 1:30 A.M. Second by Councilmember Abdo. The motion was approved, councilmember Jennings opposed. Councilmember Genser moved that any member of the public who has a "13" item on the agenda and does not want it to be heard this evening may continue it to the next meeting. Second by Councilmember Abdo. Motion carried unanimously. 13-A: BROWN PELICAN/OFFICIAL SANTA MONICA BIRD: Presented was a request by Mallory Pearce to declare the Brown Pelican as the official bird of Santa Monica. Councilmember Reed moved to direct staff to draft the appropriate resolution declaring the Brown Pelican the official bird of Santa Monica to be brought back at a later meeting. Second by Mayor Pro Tempore Finkel. The motion was unanimously approved. Mayor Pro Tempore Finkel, and Councilmembers Jennings and Katz were excused from the meeting at 12:31 A.M. 13-B: PANHANDLING AND FILMING ON MAIN STREET: The request of Brandon MacNeal, on behalf of the Main street Assessment District, to address the Council regarding panhandling and filming on Main street and in the Main street parking structures was continued to the meeting of November 21, 1989. 13-C: HOUSING DEVELOPMENT: The request of Joseph P. Sole to address Council regarding housing development was continued to the meeting of November 21, 1989. 13-E: COALITION OF SANTA MONICA HOMELESS: The request of Leonard M. Kuras to address the Council regarding The Coalition of Santa Monica Homeless was continued to the meeting of November 21, 1989. 14-A: PEACE AND ECOLOGY COMMISSION: The request of Mayor Pro Tempore Finkel to discuss directing the City Attorney to prepare an ordinance creating a Peace and Ecology Commission was continued to November 21, 1989. 14-B: LETTER OF RESIGNATION/LLOYD KIRSCH: presented was the matter of accepting the letter of recognition from Lloyd Kirsch of the Convention and Visitors Bureau. Councilmember Reed moved to accept with regret Mr. Kirsch's resignation from the Convention and Visitors Bureau and authorize the City Clerk to publish a notice of vacancy. Second by Councilmemher Genser. The motion was approved, Mayor Pro Tempore Finkel and Councilmembers Jennings and Katz were absent. 14-C: PHOTO RADAR: Presented was the request of Councilmember Reed to investigate the utility of photo radar for speed enforcement in residential neighborhoods and school zones. Councilmember Reed initiated discussion and moved to direct staff to collect information and return to Council with a recommendation regarding the use of photo radar in Santa Monica. Second by Councilmember Abdo. Motion approved, Mayor Pro Tempore Finkel and Councilmembers Jennings and Katz were absent. 11 November 14, 1989 378 14-D: TELECOMMUTING PROGRAM: Presented was the request of Councilmember Reed to discuss a proposal for a telecommuting program for the City. No Council action was taken on this matter as studies for this program are already in process. 14-E: SIZE LIMITS FOR BASEMENTS AND UNDERGROUND GARAGES IN THE R-1 ZONE: Presented was the request of Councilmember Reed to direct staff to examine developing an ordinance limiting the size of basements and underground garages in the R-1 zone to the space loca ted under the main structure and to prepare an emergency moratorium in R1 districts with November 14, 1989, as the effective date. Mayor Zane moved to direct staff to act on Councilmember Reed's recommendation. Second by Councilmember Abdo. Discussion was held. The motion was approved, Mayor Pro Tempore Finkel, Councilmembers Jennings and Katz were absent. 15. PUBLIC INPUT: There were no members of the public wishing to address Council at this time. ADJOURNMENT: At 12:38 A.M., the City council meeting was adjourned in memory or Sarah Dittmar, wife of Hank Dittmar, Airport Director, to November 20, 1989, 5:30 P.M., for the annual Board and Commission dinner meeting to be held in the East Wing of the Civic Auditorium. ATTEST: APPROVED: ~. -; U jr // . ~ t{;ZU(!,L (;.. ~ Clarice E. Johnsen City Clerk f)~ 1~~ Dennis Zane Mayor 12 November 14, 1989