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M-4/11/1989 146 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 11, 19B9 A special joint meeting of the Santa Monica city council and Parking Authority was called to order by Mayor Pro Tempore Finkel at 7:41 p.m., on Tuesday, April II, 1989, in the Council Chambers. Roll Call: Present: Mayor Dennis Zane (Arrived at 7:45 p.m.) Mayor Pro Tempore David B. Finkel councilmember Judy Abdo councilmember Ken Genser councilmember william H. Jennings Councilmember Herbert Katz (Arrived at 8:35 p.m.) Councilmember Christine E. Reed Also Present: City Manager John Jalili Assistant city Attorney Joseph Lawrence City Clerk Clarice E. Johnsen Councilmember Abdo led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. SS-l: PALISADES PARK MASTER PLAN: A study Session concerning a proposed master plan for Palisades Park was withdrawn at the request of staff. CLOSED SESSION: Held later in the meeting (see Item ll-C at the end of the meeting) . CITY COUNCIL AND PARKING AUTHORITY SPECIAL JOINT MEETING: At 7:41 p.m. I Mayor Pro Tempore/Chairperson Pro Tempore Finkel convened a special joint meeting of the City Council and Parking Authority. Parking Authority Roll Call: Present: Chairperson Zane (Arrived at 7:45 p.m.) Chairperson Pro Tempore Finkel Authority Member Abdo Authority Member Genser Authority Member Jennings (Arrived 8:35 p.m.) Authority Member Katz Authority Member Reed I April 11, 1989 147 I Also Present: Executive Secretary John Jalili Acting Authority Attorney Joseph Lawrence Authority Clerk Clarice E. Johnsen PA-l: MINUTES APPROVAL: Presented for approval were the Parking Authority minutes of February 28, 1989. Authority Member Reed moved to approve the minutes as written. Second by Authority Member Genser. The motion was unanimously approved, Authority Members Katz and Zane absent. Mayor/Chairperson Zane entered the Council Chambers and took his place at the dais. CC/PA-2: DEVELOPMENT TEAM FOR SENIOR HOUSING AT 4TH STREET AND WILSHIRE BOULEVARD/PARKING LOT 4: Presented was a staff report transmitting a recommendation to approve the selection of a development team and to authorize City Manager to negotiate and execute and option agreement with the Retirement Housing Foundation for the preparation of an application for a HOD Section 202 loan for the site at 4th street and Wilshire, and a recommendation to direct the Authority Attorney to prepare the necessary Parking Authority Resolutions and notice of intent to sell air-rights over Parking Lot 4. council asked questions of staff. At 7: 55 p. lU., Mayor/Chairperson Zane opened the public hearing. The fallowing members of the public spoke in support of the development of senior housing, but expressed concerns regarding the height of the project, the loss of privacy, and the extent of grade level parking at the development: Kelvin Jones, Karen Blechman, Richard Cornubert, Richard Aaron, Betty Bunnell, Chad Weller, Joyce Jackson, Richard Angres, Suzanne Abrescia, Corey Blechman, Joy Fullmer, and Morris Rosen, who spoke on behalf of Santa Monica senior citizens. At 8:30 p.m. / there being no one else wishing to speak, Mayor/Chairperson Zane declared the public hearing closed. Discussion was held. At 8:35 p.m. / council/Authority Member Katz arrived and took his place at the dais. Councilmember Jennings moved on behalf of the City Council, to approve the selection of Retirement Housing Foundation, Don Phillips Housing Consultants, and Bahr Vermeer & Haecker as the development team for this project: and to authorize the City Manager to negotiate and execute an option agreement with Retirement Housing Foundation for the preparation of the necessary HUD Section 202 loan application. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Negative: Councilmember Reed Councilmember Reed requested the record to reflect that she does not believe that Council has an adequate amount of information regarding the design of the project, or the parking need, to make this decision at this time. 2 April 11/ 1989 14b Chairperson Pro Tempore Finkel moved on behalf of the Parking Authority to direct the Authority Attorney to prepare the necessary Parking Authority Resolutions, and notice of intent to sell the air-rights over Parking Lot Four to Retirement Housing Foundation contingent on receipt of a funding commitment from HOD under the Section 202 program, completion of required environmental analyses, and execution of a Development and Disposition Agreement. Second by Authority Member Genser. The motion was approved by the following vote: Parking Authority vote: Affirmative: Authority Members Abdo, Finkel, Genser, Jennings, Katz, Chairperson Zane Negative: Authority Member Reed Authority Member Reed requested the record to reflect that her negative vote is due to the same reasons she stated earlier. Councilmember Katz moved to direct staff to study, as one of the options, the concept of going subterranean on the parking, and or other methods that would insure that the finished product fits the neighborhood, and not look like a parking structure with housing on top, so that the character of the neighborhood is not changed. Second by Councilmember Genser. Mayor Zane moved to amend the motion to include that staff commit to work directly with the immediately adjacent neighbors to ensure that the appropriate set-backs and other design elements are provided to avoid any shading, or loss of sunlight on the adjacent property, particularly in the pool area, and to investigate the possibility of providing parking to neighbors on an overnight basis. The amendments were accepted as friendly by the maker and second of the previous motion. The motion, as amended, was approved by the following vote: Council vote: unanimously approved 7-0 Mayor Zane moved to direct staff to meet with First Federal Savings Bank to develop strategies to maximize the pUblic utilization of public parking resources, and to encourage bank employees and patrons to use the bank's own on-site parking. Second by Councilmember Genser. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Zane moved to direct staff to look at, in the design process, the possibility of providing neighborhood convenient uses that the neighbors would like to see, such as convenience stores, on the ground floor of the proposed development. Second by Councilmember Genser & Discussion was held. The motion was approved by the following vote: 3 April II, 1989 I 149 council vote: Affirmative: councilmembers Abdo, Finkel, Genser, Mayor Zane Negative: Councilmembers Jennings, Katz, Reed Councilmember Jennings requested the record to reflect that if the word "g1ancell had been used, instead of the word "look," he would have voted yes. councilmember Reed requested the record to reflect that she feels it is inappropriate to have these commercial uses in a residential zone, in this quantity. At 8 : 50 P . m., the j oint Parking Authority and Ci ty Council meeting was adjourned, and the City Council adjourned in regular session. 5-A: APPEAL OF DEVELOPMENT REVIEW 441/0FF!CE DEVELOPMENT/1919 SANTA MONICA BOULEVARD: Presented was an appeal of Planning commission approval of Development Review 441, Variance 88-016, and EIA 870, at 1919 Santa Monica Boulevard to construct a four-story, 46,832 square-foot office building with 158 parking spaces provided on-grade and within a two-level subterranean parking garage in the C4 zone; and the adoption of a resolution certifying the EIR. Applicant 1919 Associates. Appellants Councilmember Ken Genser and 1919 Associates, continued from April 4, 1989. Council asked questions of staff. Councilmember Genser and Joel Landau of 1919 Associates spoke in support of the appeal . At 9: 50 p. m., Mayor Z ane decl ared the publ ic hearing opened. Dawn McIntyre, Brent Eckerman, Rosemary Smith, Jim Shannahan, and Laurel Roennau spoke in support of the appeal. Jack Baptista, Bill Weingarden, Kathleen Warren, Sylvia Schniad, and Donald Lewin Nelson spoke in opposition to the proposed project. Councilmember Katz moved to hear late speakers on this item. Second by Mayor Pro Tempore Finkel. The motion was approved. John Belsher spoke in opposition to the proposed project. Councilmember Genser moved to hear additional late speakers. Second by Councilmember Finkel. The motion failed. At 10:30 p.m., Mayor Zane declared the public hearing closed. Joel Landau and Chris Harding spoke in rebuttal to concerns expressed during the public hearing. Discussion was held. Councilmember Reed moved to extend the meeting to 12: 30 a. m. Second by Councilmember Genser. The motion was approved. Councilmember Reed moved to deny the appeal of the developer; to deny the appeal of Councilmember Genser; to uphold the decision of the Planning Commission; to include Commissioner Nelson's request regarding moving the bus stop, as an additional condition to be included with the Planning Commission's list of conditions; and to adopt Resolution No. 7787(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE 1919 ASSOCIATES PROJECT LOCATED AT 1919 SANTA MONICA BOULEVARD, It thereby certifying the 4 April 11, 1989 50 EIR. Second by Councilmember Abdo. During discussionl the motion was amended to include direction to staff to work with CalTrans to accomplish the traffic mitigations that are required at the intersection of 20th and Santa Monica Boulevard. The motion, as amended, was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Jennings I Katz, Reed Negative: councilmembers Finkel, Genser, Mayor Zane At 11:15 p.m., Council recessed. reconvened with all members present. At 11:30 p.m., Council Councilmember Reed moved to hear Item 12-B before any on the agenda, and to continue Items 7-A, II-A, Il-B, 14-A, 14-C, 14-0, I4-E, I4-F I 14-G, 14-H, and 14-I. Mayor Pro Tempore Finkel. The motion was unanimously other items l2-A, 13-A, Second by approved. l2-B: APPEAL/DEVELOPMENT REVIEW 444/RETAIL-OFFICE-CHURCH DEVELOPMENT/1245 FOURTH STREET: Presented was appeal of Planning Commission denial of Development Review 444, EIA 856, 1245 Fourth street, five-story, 33,750 square-foot retail/office/church development with 91 parking spaces provided in a a three-level subterranean garage. Applicant/Appellant: Mark Fuote, Arkineto Architects. Council asked questions of staff. At 11:40 p.m., Mayor Zane declared the public hearing opened. Sherman Stacey and Joan Green addressed Council regarding the proposed development. There being no one else wiShing to speak I Mayor Zane closed the public hearing at 11:50 p.m. councilmember Reed moved to remand this item to the Planning Commission with direction to the Commission to give particular attention to the amelioration of the height and the design as it has been presented to Council I and to give some attention to the concerns raised by the Post Office. Second by councilmember Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 Councilmember Genser moved to reconsider Council's prior action regarding continued items so that Council may consider Item 12-A. Discussion was held. The motion was duly seconded and approved by the following vote: Negative: Councilmember Jennings council vote: Affirmative: councilembers Abdo, Finkel, Genser, Katz, Reedl Mayor Zane councilmember Genser moved to open the public hearing on Item l2-A for the sole purpose of allowing the record to include the comments of Mr. Joel Block, who was presentl but who could not be available when the item will be considered on April 18, and to 5 April 11, 1989 151 direct staff to offer a tape of the hearing to the applicant and appellant. Second by Councilmember Reed. The motion was unanimously approved. 12-A: APPEAL/DEVELOPMENT REVIEW 457/HOTEL DEVELOPMENT/3007 SANTA MONICA BOULEVARD: Presented was an appeal of Planning Commission approval of Development Review 457, ZA 5377-Y, EIA 876, 3007 Santa Monica Boulevard, for 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, Inc. Appellant: David S. Wyle for the Friends of Stanford street Committee, Mid City Neighbors, continued from March 28, 1989. Mayor Zane opened the public hearing. Joel Block expressed his concerns regarding parking for the proposed hotel development, and the impacts the development would have on the adjacent neighborhood. Mayor Pro Tempore Finkel moved to continue the public hearing to the April 18th Council meeting. Scond by Councilmember Katz. The motion was unanimously approved. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Reed moved to approve the Consent Calendar with the exception of Item 6-E, 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: Unanimously approved 7-0 6-A: CITY COUNCIL MINUTES: The City Council minutes of March 28, 1989, were approved as written. 6-B: PHYSICALLY HANDICAPPED PARKING/708 17TH STREET: Resolution No. 7788(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 708 17TH STREET,Il was adopted. 6-C: DAMAGED SIDEWALKS, DRIVEWAYS, AND CURBS: Resolution No.7789(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-89-132/133) ," was adopted, thereby setting a pUblic hearing for May 9, 1989, on the assessment of costs to repair damaged sidewalks, driveways, and curbs on various streets. 6-0: AWARD OF BID/PROHIBITION OF CIGARETTE ADVERTISING ON BUSES: Bid No. 2214 was awarded to AMNI America Inc. for the advertising concession on Santa Monica Big Blue Buses and findings regarding the prohibition of cigarette advertising were adopted. The City Manager was authorized to negotiate and execute Contract No. 5305(CCS) for the transit bus advertising concession. 6 April 11, 1989 152 6-F: STATEMENT OF OFFICIAL ACTION/1531 12TH STREET: A recommendation to certify the statement of Official Action to deny the appeal of Conditional Use Permit 88-012 to allow construction of a nine unit condominium project at 1531 12th street was approved. 6-G: GEOGRAPHIC INFORMATION SYSTEM PROJECT MANAGEMENT SERVICES: A recommendation to authorize the city Manager to negotiate and execute an Contract No. 5303 (CCS) with Richard V. Armida to provide Geographic Information System proj ect management services was approved. END OF CONSENT CALENDAR 6-E: SALE OF CITY-OWNED PARCELS ALONG OCEAN PARK BOULEVARD: Presented was a resolution waiving bidding requirements and authorizing the sale of Ocean Park Boulevard parcels, and a Resolution of Intent to vacate such parcels and repealing Resolution Number 7762(CCS). Councilmember Reed moved to approve the staff recommendation, thereby adopting Resolution No. 7790 entitled: lIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NO. 7763 (CCS), AND DECLARING ITS INTENTION TO ORDER VACATION OF EXCESS STREET RIGHT-OF-WAY PARCELS LOCATED ALONG OCEAN PARK BOULEVARD,lI and Resolution No. 7791(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING RESOLUTION NO. 7762(CCS), WAIVING ADVERTISEMENT REQUIREMENTS AND AUTHORIZING THE SALE OF SURPLUS CITY-OWNED PARCELS OF REAL PROPERTY ALONG OCEAN PARK BOULEVARD IN THE CITY OF SANTA MONICA, II reading 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 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was public hearing on assessment of costs to repair damaged sidewalks, driveways and curbs (SR-89-128/129). Councilmember Katz moved to open the public hearing and continue the item to the April 25, 1989, Council meeting. Second by councilmember Reed. The motion was unanimously approved. a-A: CONDITIONAL USE PERMITS FOR NEW PIPELINES: Presented was a staff report transmitting an ordinance for introduction and first reading adding section 9040.41 to the Santa Monica Municipal Code to require Conditional Use Permits for new pipelines. Mayor Zane opened the public hearing. There being no one wishing to speak, Mayor Zane closed the public hearing. Mayor Pro Tempore Finkel moved to approve the staff recommendation, thereby introducing for first reading an ordinance entitled: llAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA ~ruNICIPAL CODE SECTION 9040.39 TO REQUIRE CONDITIONAL USE PERMITS FOR NEW PIPELINES, II reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: 7 April 11, 1989 153 Council vote: Unanimously approved 7-0 8-B: ZONING ORDINANCE TEXT AMENDMENTS: Presented was a staff report transmitting an ordinance for introduction and first reading regarding minor zoning text amendments of sections 9000.3, 9010.6, 9011.6, 9019.6, 9024.2, 9040.3, 9040.5, 9040.8 of the Santa Monica Municipal Code. Council asked questions of staff. councilmember Katz moved to approve the staff recommendation, thereby introducing for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9000.3, 9010.6, 9011.6, 9019.6, 9024.2, 9040.3, 9040.5, AND 9040.8 TO CLARIFY THE NEWLY ADOPTED ZONING ORDINANCE," reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 8-C: PREFERENTIAL PARKING ZONE 0: Presented was a staff report transmitting an ordinance for adoption and second reading adding Section 32380 to the Santa Monica Municipal Code to establish Preferential Parking Zone 0 on 22nd street between Wilshire Boulevard and California Avenue, introduced March 28, 1989. Councilmember Jennings was excused from all discussion and vote on this matter due to a possible conflict of interest. Councilmember Reed moved to approve the staff recommendation, thereby adopting Ordinance No. 1473(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 32380 TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE 0," reading 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, Reed, Mayor Zane Negative: Katz Absent: councilmember Jennings Counci1member Katz requested the record to reflect that his no vote was due to the same reasons stated when the item was brought before Council for first reading. 8-D: PREFERENTIAL PARKING ZONE P: Presented was a staff report transmitting an ordinance for adoption and second reading adding Section 3238P to the Santa Monica Municipal Code to establish Preferential Parking Zone P on Barnard Way frontage road, introduced March 28, 1989. Councilmember Reed moved to approve the staff recommendation, thereby adopting Ordinance No. 1474 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3238P TO THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH PREFERENTIAL PARKING ZONE P," reading 8 April 11, 1989 154 by title only and waiving further reading thereof. Second by Mayor Pro Tempore Finkel. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Abdo, Finkel, Genser, Jennings, Reed, Mayor Zane Negative: counci1member Katz Councilmember Katz requested the record reflect that his no vote is due to the reasons stated on the previous ordinance. 14 - B: USE OF COUNCIL CHAMBERS: Presented was the request of Mayor Zane to discuss the use of the Council Chambers by the state Lands commission on Friday, April 14, 1989, and waiving of fee. Mayor Zane initiated discussion and moved to grant the request of the state Lands Commission and waive the fee for the use of the Council Chambers. Second by Councilmember Reed. The motion was unanimously approved. 14-J: OFF-SHORE AIR EMISSION FROM OIL DRILLING: Presented was the request of councilmember Reed to discuss need to comment on Department of Interior's Draft Rule 4, controlling off-shore air emission from oil drilling before April 17, 1989. Councilmember Reed initiated discussion and moved to direct staff to modify the sample resolution provided by SCAG to be personalized for Santa Monica; that it be adopted and communicated to the Department of the Interior along with the letter that staff is preparing for Mayor Zane's signature to indicate clearly that the City of Santa Monica is opposed to any less stringent air quality standards for off-shore oil drilling rigs than those that apply on-shore. Second by Councilmember Katz. The motion was unanimously approved. II-A: OUTDOOR VENDING IN SANTA MONICA: Recommendations to direct city Attorney to revise the Vending Ordinance to permit outdoor vending in Santa Monica were continued to April 18, 1989. Il-B: ZONE CHANGE 33/1448 24TH STREET: A recommendation to approve Zone Change 33 and direct the city Attorney to draft an ordinance which would amend the Zoning District Maps by reClassifying a parcel located at 1448 24th Street from R2 to C4 was continued to April 25, 1989, at the request of staff. 11-C: CLOSED SESSION: Not held. l2-A: APPEAL/DEVELOPMENT REVIEW 457/HOTEL DEVELOPMENT/300? SANTA MONICA BOULEVARD: Held earlier in the meeting. 12-B: APPEAL/DEVELOPMENT REVIEW 444/RETAIL-OFFICE-CHURCH DEVELOPMENT/1245 FOURTH STREET: Held earlier in the meeting. 13-A: REQUEST OF FREDD WAYNE: The request of Fredd Wayne to address Council regarding repeal of Resolution No. 7675 (CCS) , 9 April 11, 1989 155 section 1, Records Review was continued to April 25, 1989, at the request of Mr. Wayne. 13-B: REQUEST OF PEGGY LYONS: The request of Peggy Lyons to address Council regarding the win-win proposition regarding negotiating with bargaining units was withdrawn. 14-A: RECREATION AND PARKS COMMISSION: The matter of the appointment of a member to the Recreation and Parks Commission was continued to April 18, 1989. 14-B: USE OF COUNCIL CHAMBERS: Held earlier in the meeting. 14-C: DOWNZONING NORTH OF WILSHIRE: The request of Mayor Pro Tempore Finkel to discuss downzoning north of Wilshire was continued to April 18, 1989. 14-0: AIRPORT COMMISSION: The matter of the acceptance of a letter of resignation from Gary Squier from Airport Commission and authorization to City Clerk to publish notice of vacancy was continued to April 18, 1989. 14-E: SUPPORT FOR AB 1719/AIDS INFORMATION: The request of Councilmember Abdo to discuss support of AB 1719 (Hayden) regarding AIDS information to employees was continued to April 18, 1989. 14-F: SUPPORT FOR SB 103/AUTOMOBILE INSURANCE POLICIES: The request of Mayor Zane to discuss support of SB 103 (Robbins) in regard to the non-renewal of automobile insurance policies by insurers was continued to April 18, 1989. 14-G: INDEPENDENT CITIES ASSOCIATION GENERAL MEMBERSHIP MEETING: The request of Councilmember H. Katz to discuss request for allocation to host Independent cities Association general membership meeting on Thursday, May 25, 1989, was continued to April 18, 1989. 14-H: SUPPORT FOR SB 1221/REDEMPTION VALUE FOR BEVERAGE CONTAINERS: The request of Mayor Zane to discuss support of SB 1221 (Hart) to increase redemption values for beverage containers was continued to April 18, 1989. 14-1: OPPOSITION TO AB 628/LOCAL INITIATIVES: 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 was continued to April 18, 1989. 14-J: OFF-SHORE AIR EMISSION FROM OIL DRILLING: Held earlier in the meeting. 10 April 11, 1989 .lJO 15. PUBLIC INPUT: There were no members of the public wishing to speak. ADJOURNMENT: At 1:35 a.m., the council meeting was adjourned to April 18, 1989, at 7:30 p.m. ATTEST: APPROVED: ~~f~ D.-, 7~cr--- Clarice E. Johnsen City Clerk Dennis Zane Mayor 11 April 11, 1989