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M-5/2/1989 175 CITY OF SANTA MONICA CITY COUNCIL MINUTES MAY 2, 1989 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Zane at 7:30 p.m., on Tuesday, May 2, 1989, 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 Herbert Katz Councilmember Christine E. Reed 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. II-A: CLOSED SESSION: Closed Session was held during consideration of Item 14-M later in the ~eeting. 12-A: APPEAL/HOTEL DEVELOPMENT/2801 SANTA MONICA BOULEVARD: Presented was an appeal of the Planning Commission denial of a proposed four story, sixty-six room addition to the existing three story eighty-two room Comfort Inn located at 2801 Santa Monica Boulevard; Applicant/Appellant: Doug Lowe for Charles Ting, continued from April 25, 1989. Council asked questions of staff. At 8: 05 p. m., Mayor Zane declared the public hearing opened. Douglas Lowe, project architect, spoke on behalf of the applicant/appellant, in support of the appeal. Susan Packer Davis, and Julie Lopez Dad spoke on behalf of the Rent Control Board in opposition to the appeal. John Lafferty, Lola Gross, Ed Simonian, Barry Jaffee, Bill Weingarden, Kelly Olsen representing Mid-City Neighbors, stuart Ziff, Ralph cizmar, Sam Gross, and Gabriel Morner spoke in opposition to the proposed development. Douglas Lowe spoke in rebuttal, on behalf of the applicant/appellant. Councilmember Genser moved to deny the project, uphold the findings of the Planning Commission, and deny the appeal. Second by Mayor Pro Tempore Finkel. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Pro Tempore Finkel moved to take a brief recess, and when Council reconvenes, to hear Item 14-M as the next item for council consideration. Second by Councilmember Jennings. Discussion was held. Mayor Pro Tempore Finkel withdrew his motion. 1 May 2, 1989 76 12-B: APPEAL/CONDOMINIUM DEVELOPMENT/434 PIER AVENUE: Presented was an appeal of the Planning Commission conditional approval of a proposed two story/27, four unit condominium at 434 Pier Avenue; applicant: Plutsky/Chapin Partners; appellant: Councilmember Herb Katz, continued from April 25, 1989. councilmember Abdo stepped down from the dais during council consideration and vote on this matter due to a possible conflict of interest. Appellant, Councilmember Katz spoke in support of the condominium development as proposed by the applicant. Applicant, Dane Chapin addressed council in support of the proposed project. Planning Commissioner Donald Lewin Nelson addressed council in support of the implementation of a conditional use permit process, stated in the Housing Element, to encourage child-friendly housing developments. Councilmember Katz moved to amend the Planning commission's conditional approval, to uphold the appeal, and to approve this project as originally submitted. Second by Councilmember Genser. Discussion was held. During discussion, the motion was amended to include the adoption of the findings and conditions contained in the planning commission staff report dated March 15, 1989. The motion, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Absent: Councilmember Abdo Councilmember Reed moved,to direct staff to examine the issue of child-friendliness, or the lack of child-friendliness, of the housing unit types that are being builtin the ci ty to be included in the study of the Housing Element, and in concert with that, to also provide the Planning commission and council with the statistical data on one year's worth of multiple unit development in the City, so that Council has an indication of the variety that is currently being produced, and where there may be shortcomings. Second by Councilmernber Katz. Discussion was held. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Absent: Councilmernber Abdo. Councilmember Abdo returned to the dais. 12-C: APPEAL/CONDOMINIUM DEVELOPMENT/I 0 19 GRANT STREET: Presented was an appeal of the Planning commission denial of a proposed five unit condominium at 1019 Grant street; applicant: Bel Air Builders; appellant: councilmembers Chris Reed and Herb Katz, continued from April 25, 1989. Michael Folonis addressed council on behalf of the applicant, in support of the proposed development. Planning Commissioner Donald Lewin Nelson addressed Council regarding the need to investigate innovative housing programs in other countries, in relation to multi-family housing. councilmember Reed moved to uphold the appeal, approve the project, and incorporate in the motion all of the Planning 2 May 2, 1989 J.. I I commission recommendations in the staff report dated March 15, 1989. Second by Councilmember Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 13-A: FREDD WAYNE/RECORDS REVIEW PROCEDURES: Presented was the request of Fredd Wayne to address Council regarding repeal of Resolution No. 7675 (CCS), section I, Records Review, continued from April 25, 1989. Mr. Wayne requested that section 1, of Resolution No. 7675 (CCS), be rewritten to waive the fee for copies of police reports, in order to accommodate victims of serious crimes. Mr. Wayne further addressed Council regarding the enforcement of parking regulations, and the need to repair damaged parking meters in Ocean Park. Councilmember Katz moved to direct staff to review this matter and to possibly amend the current procedure to allow a free report to crime victims requesting police reports, once every six months or once a year. Second by Councilmember Genser. The motion was unanimously approved. At 10: 00 p.m., Council recessed for a short break. p.m., council reconvened. At 10:20 Councilmember Genser moved to hear Items l4-F, and 14-M as the next items for council consideration. Second by Councilmember Abdo. The motion was unanimously approved. Agenda Items 14-A, 14-B, 14-C, 14-0, 14-E, 14-G, 14-H, 14-1, 14-J, 14-K and l4-L were considered later in the meeting. 14-F: PEDESTRIAN MEASURES ON FOURTH STREET BETWEEN COLORADO ~VENUE AND WILSHIRE BOULEVARD: Presented was the request of Mayor Zane to discuss pedestrian measures on Fourth street between Colorado Avenue and wilshire Boulevard. Councilmember Genser moved to hear one member of the public as a representative of those people who requested to speak on this matter. Second by Councilmember Abdo. The motion was unanimously approved. Mayor Zane introduced this item. Joan Green, Director of Crossroads Elementary School, addressed Council on behalf of the students, parents, and staff of Crossroads School regarding the traffic hazards encountered when crossing Fourth Street, and proposed solutions to alleviate the hazardous condition. Mayor Zane moved to direct staff to develop a process for addressing these concernsj to confer with members of the crossroads School community, and merchants on the street about the various options: to include consideration of the block immediately north of Wilshire on Fourth Street in the staff investigationj and to report back to council as soon as practicable. Second by Councilmember Katz. The motion was unanimously approved. 14-M: ORDINANCE ADDRESSING ADVERSE DEVELOPMENT EFFECTS: Presented was the request of Councilmember Abdo to discuss consideration of options, including preparation of an ordinance to address adverse effects of development. Councilmember Abdo initiated discussion of this matter. Councilmember Katz moved to hear from members of the public who have requested to speak on 3 May 2, 1989 178 this issue. Second by Councilmember Finkel. The motion was unanimously approved. Sylvia Shniad spoke in opposition to the proposed moratorium, and in support of a moratorium that would include all City sponsored projects and all proposals submitted before May 2, 1989. John Reed spoke in support of the establishment of a hardship exemption, and in support of allowing 50/50 residential/commercial development. Donald Lewin Nelson spoke in support of the proposed moratorium and expressed concerns regarding the Bayside District and the Third street Promenade, and the type of development that has occurred in the downtown area. sister Mary Madeleine spoke in support of the proposed moratorium. Bill Weingarden spoke in opposition to the proposed moratorium, and urged a more pervasive moratorium, or none at all. Jack Baptista spoke in opposition to the proposed moratorium. Kelly Olsen urged the inclusion of hotels in the proposed moratorium. Karl Schober spoke in opposition to the proposed moratorium. Councilmember Katz moved to extend the meeting to 12: 00 a.m. Second by Councilmember Jennings. The motion was unanimously approved. Councilme:mber Abdo moved to direct the city Attorney to prepare an interim ordinance, that would be effective for ten months and fifteen days, to prohibit the filing of all applications for development review permits, or applications for development agreement for new non-residential development city-wide, except the following categories of development: proposed developments for which development agreement applications have been filed on or before May 2, 1989, and proposed developments for which development review applications have been filed and deemed substantially complete, on or before May 2, 1989; proposed developments on land owned, operated, or controlled by the City of Santa Monica, santa Monica College, the Santa Monica SChool District, or the state of California, including the Pier; proposed developments in the Third Street Mall Specific Plan Area, and in the Hospital Specific Plan Area; proposed developments that fall below the development review thresholds identified in the Zoning Ordinance. Second by Councilmember Finkel. Councilmember Genser moved to amend the motion to include an exemption for proj acts of less than 15,000 square feet or the development review threshold, whichever is less. Second by Mayor Pro Tempore Finkel. Discussion was held. The motion to amend failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor Zane Negative: Councilmembers Abdo, Jennings, Katz, Reed Councilmember Genser moved to amend the motion so that the small development project exemption would be limited to those proje~ts which are no greater than 75% of the development rev~ew thresholds contained in the Zoning Ordinance rounded down to the nearest thousand square feet (for the Neighborhood Commercial Zone, C2, 8,000 square feet; Downtown Overlay Zone, C3C, 22,000 square feeti Special Office and Boulevard Commercial Districts, C5 and C6, 22,000 square feet; Industrial Conservation Zones, Ml, 4 May 2, 1989 179 22,000 square feet; Highway commercial Zone, 18,000 square feet; Main street Commercial Zone, 11,000 square feet; and Commercial Professional Zone, 16,000 square feet). Second by Mayor Pro Tempore Finkel. The amendment was accepted as friendly by the maker and second of the main motion. Councilmernber Katz moved to amend the motion to include the Reliance Airport Project within the moratorium; to direct staff to study the project and to return to Council with a development proposal that must go through neighborhood and citywide scrutiny; to direct staff to negotiate with the developer ~ and when the development review has been completed, that the present Airport Proj ect developer get the first opportuni ty at developing any revised project. Second by Councilmember Reed. Discussion was held. At the request of the City Attorney, Councilmember Katz moved to adjourn to Closed Session for the purpose of discussing anticipated litigation regarding this matter. Second by Councilmember Reed. The motion was unanimously approved. At 11:30 p.m., Council adjourned to Closed Session. At 11:45 p.m., council reconvened with all members present. Based upon the advice of the city Attorney during Closed Session, Councilmember Katz withdrew his amendment to the main motion. Councilmember Reed withdrew her second. Further discussion was held. Councilmember Genser moved to extend the meeting to 12: 30 a . m. Second by Mayor Pro Tempore Finkel. The main motion, to direct the ci ty Attorney to prepare an ordinance, as amended, was approved by the following vote: Council vote: unanimously approved 7-0 14-A: RECREATION AND PARKS COMMISSION: Presented was the matter of the appointment of a member to the Recreation and Parks commission. Councilmember Katz nominated Morgan Lynn. Councilmember Finkel nominated Dianne Glinos. The vote on the nominations was as follows: Morgan Lynn: councilmembers Jennings, Katz, Reed Dianne Glinos: Councilmembers Abdo, Finkel, Genser, Mayor Zane Therefore, Dianne Glinos was appointed to the Recreation and Parks Commission for a term ending June 30, 1992. 14-B: SENATE BILL 103/AUTOMOBILE INSURANCE: Presented was the request of Mayor Zane to discuss support of SB 103 (Robbins) in regard to the non-renewal of automobile insurance policies by insurers. Mayor Zane initiated discussion and moved to express Council's endorsement of Senate Bill 103 (Robbins), and direct the City's lobbyist to indicate the Council's support of this measure. Second by councilmember Katz. The motion was approved, Mayor Pro Tempore Finkel abstained. 5 May 2, 1989 180 14-C: ARCHITECTURAL REVIEW BOARD: Presented was the matter of the appointment of a member to the Architectural Review Board. Councilmember Genser moved to continue this i tern to the next regular council meeting after May 9, 1989. Second by Councilmember Katz. The motion was unanimously approved. 14-D: PETER C. BROSIUS/ARTS COMMISSION: Presented was the matter of the acceptance of a letter of resignation from Peter C. Brosius from the Arts Commission and authorization to the City Clerk to publish a notice of vacancy with the annual appointments in June. Mayor Pro Tempore Finkel moved to accept the resignation with regret, and instruct the city Clerk to publish this vacancy with annual vacancy notice. Second by Coucilmember Ratz. Discussion was held. The motion was unanimously approved. 14-E: DISTRIBUTION OF PUBLIC INFORMATION REGARDING LEASE SALE 95: Presented was the request of Councilmember Reed to discuss the distribution of information to the public regarding Lease Sale 95 (petroleum exploration). Councilmember Reed initiated discussion and moved to direct staff to support the effort to inform the public about the off-shore oil drilling lease sale by purchasing sufficient information brochures and mail-back cards to distribute to Santa Monica residents through the libraries, parks, and other such public locations such as staff deems appropriate. Second by Councilmember Katz. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 14-G: CONSIDERATIONS INCLUDED IN THE 1989-90 FISCAL YEAR BUDGET: Presented was the request of Councilmember Jennings to discuss direction to staff to include in the 1989-90 fiscal year budget considerations, the recommendations made in the city Attorney's memorandum of January 26, 1989. councilmember Jennings initiated discussion and moved to request staff, at the time of the budget session, to report to council regarding the cost implications of the various considerations recommended by the City Attorney, if the Council were to direct staff to include them in the budget. Second by Councilmember Finkel. The motion was unanimously approved. l4-H: AQUARIUM PROJECT: Presented was the request of Councilmember Jennings to discuss the status of the aquarium project. Councilmember Jennings initiated discussion. Staff responded to Councilmember Jennings1s questions regarding the City I S procedures for the preparation of Environmental Impact Reports and the necessary timeline to complete the entire development process. At the request of Council, staff was requested to provide monthly memorandums regarding the prgress of this project. 14-1: MONTEREY LEAGUE OF CITIES CONFERENCE PANELS ON ARTS AND CABLE TELEVISION: Presented was the request of Mayor Pro Tempore Finkel to report to council on the April 13, 1989, Monterey California League of Cities conference panels on Arts and Cable TV. Mayor Pro Tempore Finkel restated his intent to present 6 May 2, 1989 181 Council with a written report on issues discussed during this conference. 14-J: POLICY 4.3.1 OF THE LAND USE AND CIRCULATION ELEMENT: Presented was the request of Mayor Zane to discuss the definitions of "significant adverse impacts" and "overriding considerations" in implementing policy 4.3.1 of the Land Use and Circulation Element. Mayor Zane initiated discussion and moved to direct staff to include wi thin their scheduling and policy review of the citywide moratorium, issues with respect to "significant adverse impacts" and "overriding considerations, II and to address the following concerns: 1) the methodology options that council should be examining for measuring traffic capacity, and appropriate traffic flow; 2) the development of more demanding standards for "significant adverse impacts" which reflect the concern expressed by the community for more stringent standards as intersections become more congested; 3) the establishment of language in the Land Use and Circulation Elements clarifying "overriding considerations" which would state that developments which cause intersections to exceed Level of Service "DIt should be turned down unless there are "overriding considerations," and to provide guidance as to what those "overriding considerations" might be. Second by Councilmember Katz. Discussion was held. Mayor Pro Tempore Finkel moved to amend the motion to direct staff to schedule a study session to report back to Council on this issue. The amendment was accepted as friendly by the maker and second of the main motion. Councilmember Genser moved to direct staff to include the Planning commission in a joint session with the City council when staff reports back on this issue. The amendment was accepted as friendly by the maker and second of the original motion. The motion, as amended, was unanimously approved. Councilmember Reed moved to extend Second by Councilmember Genser. Councilmember Jennings opposed. meeting to motion was the The 1:00 a.m. approved, 14-K: ASSEMBLY BILL lOa a/WATER QUALITY/OCEAN RESOURCES: Presented was the request of Mayor Zane to discuss support for AB 1000 (Hayden, Bates, Eastin, Hauser, and Speier), regarding water quality: ocean resources. Mayor Zane initiated discussion and moved to express Council's support for this legislation. Second by Councilmember Katz. Discussion was held. The motion was unanimously approved. l4-L: MAYOR'S TRAVEL FUNDS/SECOND STATEWIDE OCEAN POLLUTION CONFERENCE: Presented was the request of Mayor Zane to discuss a request for approval to expend Mayor's travel funds to attend the Second Statewide Ocean Pollution Conference at the Marin Headlands on May 12 and 13, 1989. Councilmember Genser moved to approve the expenditure of Mayor's travel funds to attend this conference. Second by Councilmember Abdo. The motion was approved, Councilmembers Katz and Jennings opposed. 15. PUBLIC INPUT: Mr. Ed Simonian address Council regarding Section 6 of Item 14-G, the creation of a Housing Taskforce. Mr. 7 May 2, 1989 182 Simonian suggested that a property owner be included in the members of the proposed taskforce. II-A: CLOSED SESSION: A Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city was held earlier in the meeting during the consideration of Item l4-M. No action was taken in Closed Session. ADJOURNMENT: At 1:20 p.m., the Council meeting was adjourned in memory of Don Herschberger, Senior Plumbing Inspector for the city of Santa Monica. ATTEST: APPROVED: ~z~ Clarice E. Johnsen city Clerk ))-: J 10- Denn~s Zane Mayor 8 May 2, 1989