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M-4/18/1989 157 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 18, 1989 An adjourned meeting of the Santa Monica city council was called to order by Mayor Zane at 7:30 p.m., on Tuesday April 18, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane Mayor Pro Tempore David B. Finkel councilmember Judy Abdo (arrived at 7:35 p.m.) Councilmember Ken Genser councilmember Herbert Katz Absent: Councilmember William H. Jennings Councilmember Christine E. Reed Also Present: city Manager John Jalili Deputy City Attorney Laurie Lieberman Deputy City Clerk Charles M. Schitoskey Mayor Pro Tempore Finkel led the assemblage in the Pledge of Allegiance to the Flag of the united States of America. 11-A: OUTDOOR VENDING ORDINANCE: Presented was a staff report transmitting a recommendation to direct the city Attorney to revise the Vending Ordinance to permit outdoor vending in Santa Monica. Council asked questions of staff. Member of the pUblic Joy Fullmer expressed her concerns regarding permitting outdoor vending in the downtown area. Discussion was held. Mayor Pr~ Tempore Finkel moved to approve the staff recommendation on the trial basis, and under the limitations recommended in the staff report dated April 11, 1989, with the condition that staff be instructed to inquire into the question of the legality of providing discriminatory preferences for the issuance of vendor permits to people who may be disabled, and to return to Council with recommended adjustments to make that possible. Second by Councilmember Genser. Councilmember Katz moved a substitute motion to limit vending to the Pier, Third Street Promenade, and three locations in Palisades Park; to exclude commercial street corners in the downtown area; and to limit vending to food only; with the inclusion of Mayor Pro Tempore Finkel's provision for preferences given to the disabled. Second by councilmember Abdo. The substitute motion failed by the following vote: Council vote: Affirmative: councilmember Katz Negative: councilmembers Abdo, Finkell Genser, Mayor Zane Absent: Councilmembers Jennings, Reed 1 April 18, 1989 158 Mayor Zane moved to amend the main motion to limit the vending to food only, and to direct staff to prepare the appropriate findings. The amendment was accepted as friendly by the maker and second of the main motion. Mayor Zane moved to amend the main motion to include two vending locations in Palisades Park. The amendment was accepted as friendly by the maker and second of the main motion. Mayor Zane moved to direct the staff to provide for a multi-year permit process, though in the first year the permit would be revocable if the Council should choose to discontinue the program. The amendment was accepted as friendly by the maker and second of the main motion. Mayor Zane moved to amend the motion to direct staff to develop a system that would provide preference in subsequent years for awarding vending permits to individuals who were issued permits in previous years, thereby providing continuity for people who are issued vending permits during the trial period, should Council decide to continue the program. The motion was accepted as friendly by the maker and second of the main motion. Councilmember Katz moved to continue the item to the meeting of April 25, so that the City Attorney may provide council with an opinion regarding council's legal ability to limit vending in the commercial areas to food only. Second by Mayor Pro Tempore Finkel. During discussion, Councilmember Katz withdrew his substitute motion and Mayor Pro Tempore Finkel withdrew his second. Councilmember Katz moved to amend the main motion to condition council's approval upon the City Attorney's assurance that vending can be limited to food only in the commercial areas, and that if council's position to limit vending is successfully challenged in Court, then vending will thereby be limited to Palisades Park. The amendment was accepted as friendly by the maker and second of the original motion. The main motion, as amended, was approved by the following vote: Council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Katz, Mayor Zane Absent: Councilmembers Jennings, Reed ll-B: CLOSED SESSION: Not held. 12-A: APPEAL/DEVELOPMENT REVIEW 457/HOTEL DEVELOPMENT/3007 SANTA MONICA BLVD.: Presented was an appeal of the planning Commission approval of Development Review 457, ZA 5377-Y, EIA 876, 3007 Santa Monica Boulevard, for a four story, 31,575 sq. ft., 68 room hotel with three rent controlled replacement units and a total of 55 parking spaces; Applicant: Douglas Barnard I Inc. Appellant: David S. Wyle for the Friends of Stanford Street Committee, Mid city Neighbors, continued from March 28, 1989. Council asked questions of staff. At 8:40 p.m., Mayor Zane declared the pUblic hearing opened. Appellant David Wyle spoke in support of the appeal. Applicant King Chai, and Gary Ojen spoke in support of the project. Jay Frierman, Harold McCaffery, Merritt Coleman, Steven Porter, Carol Horner, Jack Baptista, Ed simonian, Sylvia Schniad, Bijan Rad, Anita Badostain, Bill Albriton, Joseph Karr O'Connor, Linda Karr O'connor, Donald Lewin Nelson, Richard catt, Kat Warren, and Bill Weingarden spoke in opposition to the 2 April 18, 1989 159 proposed project. virginia Guzman, JOY Fullmer, and Charles Jeng spoke in support of the proposed project. Russell Barnard spoke in rebuttal to remarks made in opposition to the project. Ralph Cizmar spoke on behalf of the Friends of Stanford street. Discussion was held. Councilmember Genser moved to grant the appeal, and remand the item to the Planning Commission for addi tional environmental study; to request that the Commission require the developer to include, in this project, parking for the hotel units and apartment units per the current code; that the new lay-out for the hotel rooms, as presented before council, be reviewed; that the planning Commission consider a wall along the east property line; and that the height shall be no higher than 42 feet, as submitted in the plans. Second by Mayor Pro Tempore Finkel. Councilmember Katz moved a substitute motion to deny the appeal and approve the Development Review 457 with the following conditions: 1) that parking be brought up to code, including parking for the apartment units; 2) to include a 42 foot height limit, along with all other Planning Commission height conditions; 3) to include a wall along the east property line; 4) that the floor plan submitted to Council, indicating the furniture lay-out and closets, be the plan used for this project; 5) and that all conditions of the Planning Commission be included. Second by Councilmember Abdo. The substitute motion failed by the following vote. Council vote: Affirmative: Councilmembers Abdo, Katz, Mayor Zane Negative: Councilmembers Finkel, Genser, Absent: Councilmembers Jennings, Reed The main motion failed by the following vote: Council vote: Affirmative: Councilmembers Finkel, Genser, Mayor Zane Negative: Councilmembers Abdo, Katz Absent: Councilmembers Jennings, Reed Councilmember Katz, restating his motion, moved to deny the appeal; approve the project with full parking, as per the current code, for both the hotel and apartment units: wi th a 4:2 foot height limit; with a wall on the east property line: and approving the floor plan submitted to Council. Second by Councilmember Abdo. The motion failed by the following vote: Council vote: Affirmative: Councilmembers Abdo, Zane Katz, Mayor Negative: Councilmembers Finkel, Genser Absent: Councilmembers Jennings, Reed 3 April 18, 1989 ou After discussion, Counci1member Katz moved to request that Council reconsider their votes on his prior motion, thereby approving his substitute motion. Second by Councilmember Abdo. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Katz, Mayor Zane Negative: Councilmember Genser Absent: Councilmembers Jennings, Reed At 10:24 p.m., Council adjourned for a break. At 10:45 p.m., the meeting was reconvened. 14-A: RECREATION AND PARKS COMMISSION: Presented was the matter of the appointment of a member to the Recreation and Parks Commission. Mayor Pro Tempore Fink,el moved to continue this appointment to the City Council meeting of April 25, 1989, to provide Council with the opportunity to search for well qualified candidates that meet the criteria required, specifically a female candidate. Second by Mayor Zane. The motion was unanimously approved. 14-C: DOWNZONING NORTH OF WILSHIRE: M,ayor Pro Tempore Finkel moved to continue Council discussion of this item to the council meeting of April 25, 1989, as a "5" Item. Second by Councilmember Katz. Discussion was held. The motion was unanimously approved. 14-D: AIRPORT COMMISSION/GARY SQUIER: Presented was the acceptance of a letter of resignation from Gary Squier from Airport Commission and authorization to city Clerk to publish a notice of vacancy. Councilmember Katz moved to accept the resignation with regret, and to direct the City Clerk to advertise a notice of vacancy. Second by Councilroember Genser. The motion was unanimously approved. 14-E: ASSEMBLY BILL 1719/AIDS INFORMATION: Presented was the request of Counci1member Abdo to discuss support of AB 1719 (Hayden) regarding AIDS information to employees. Councilmember Abdo initiated discussion and moved to request Council support for this bill, and to inform the City I s lobbyist of Council's support. Second by Councilmember Katz. The motion was unanimously approved. l4-F: SENATE BILL 103/AUTOMOBlLE 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 continue this item to the council meeting of April 25, 1989, and to direct staff to investigate the views of consumer groups regarding this measure, so that Council may be properly informed. Second by Councilmember Genser. The motion was unanimously approved. 4 April 18, 1989 161 14-G: INDEPENDENT CITIES ASSOCIATION GENERAL MEMBERSHIP MEETING: Presented was the request of councilmember H. Katz to discuss a request for allocation to host the Independent cities Association general membership meeting on Thursday, May 25, 1989. Counci1memher Katz initiated discussion and moved to allocate $500.00 from the City Council funds to help subsidize the cost of hosting the meeting. Second by Councilmember Genser. The motion was unanimously approved. 14-H: SENATE BILL 1221/REDEMPTION VALUES FOR BEVERAGE CONTAINERS: Presented was the request of Mayor Zane to discuss support of SB 1221 (Hart) to increase redemption values for beverage containers. Mayor Zane initiated discussion and moved to express Council's support for Senate Bill 1221. Second by Councilmemher Katz. The motion was unanimously approved. 14-I: ASSEMBLY BILL 628/LOCAL INITIATIVES: Presented was the request of Mayor Zane to discuss opposition to AB 628 (Kelley) which provides that any local initiative which directly affects any land use ordinances, policies, regulations, or residential or commercial developments must be submitted to the State Office of Planning and Research for an assessment. Mayor Zane initiated discussion and moved that Council stridently oppose any effort on the part of the State to interfere with the lawful exercise of the local land-use authority, be it by initiative or by Council action. Second by Councilmember Katz. Mayor Pro Tempore Finkel moved to amend the motion to request that staff place an item relating the the comparable Senate Bill on the agenda of April 25, 1989, as a 1114" Item. The amendment was accepted as friendly by the maker and second of the main motion. The motion, as amended, was unanimously approved. Councilmemher Abdo requested a point of personal privilege to address the record in regard to any perceived conflict of interest in any projects that Russell Barnard might bring before council for approval. The Assistant City Attorney expressed the opinion of the city Attorney's office that Councilmember Abdo has no legal conflict of interest under any California statute, nor under any principle of the common law, with respect to any item that has been raised publicly at either of the two Council meetings, and therefore has no conflict of interest. 15. PUBLIC INPUT: There were no members of the public wishing to speak. ADJOURNMENT: At 11:02 p.m., council adjourned in memory of Mary McKeown, to April 25, 1989, at 6:00 p.m. ATTEST: APPROVED: /~~/~ Clarice E. Johnsen City Clerk 1)-, 1 So- Dennis Zane Mayor 5 April 18, 1989