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M-3/30/1993 I I I 43 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 30, 1993 An adJourned meeting of the Santa Monica City Councl1 was called to order by Mayor Abdo at 6.40 P.M. on Tuesday, March 30, 1993, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez Councilmember Ken Genser (arrived at 6:47 P.M.) Councilmember Asha Greenberg Councilmember Robert T. Holbrook Councilmember Kelly Olsen (arrived at 6:42 P.M.) Councllmember Paul Rosenstein Also Present: Assistant City Manager Lynne Barrette Actlng City Attorney Joe Lawrence City Clerk Clarice E. Dykhouse Councllmember Holbrook led the assemblage ln the Pledge of Alleglance to the Flag of the United States of America. Mayor Pro Tempore Vazquez moved to hear Item No. 14-F at this time. Second by Councilmember ,Rosenstein. The motion failed, Councilmembers Greenberg and Rosenstein opposed, Councllmembers Genser and Olsen absent. CounCl1member Olsen reported present at 6:42 P.M. 5-A COMMERCIAL DEVELOPMENT STANDARDS PROGRAM ENVIRONMENTAL IMPACT REPORT: Presented was the recornmendatlon to review Commerclal Development Standards Program Environmental Impact Report and direction to the Clty Attorney to prepare lmplementing ordinance. (Continued from March 16, 1993.) Mayor Abdo moved to approve the staff recommendation wlth amendments regarding Ml, M1/R&D, C5, and C3C adopted at Council Meeting held on March 16, 1993. Councilmember Rosenstein seconded the motion. CounCll asked questlons of staff. C2 Zone Councilmember Holbrook moved to adopt the staff recommendation wlth regard to the C- 2 zone. The motlon was duly seconded, Councilmember Genser reported present at 6: 47 P. M. Discussion was held. The motion was approved by the following vote: 1 March 30, 1993 44 Councl1 vote: Afflrmative: Councilmembers Vazquez, Rosenstein, Holbrook, Greenberg, Mayor Abdo Negatlve: Councllmembers Olsen, Genser I C3 Zone Council asked questions of staff with regard to the C3 zone Discusslon was held. Mayor Abdo moved to amend the motlon to strike the language "from Bayslde District Speclflc Plan" from the development recommendations. The motion was accepted as frlendly. Councilmember Genser moved, to amend the motlon with regard to the C-3 zone, to maintain the current height l~m~t (45') per the Zonlng Code for 6th and 7th Streets and the north side of Wilshire Boulevard but allow no more than 1.25 FAR of commercial and no commercial above the second floor. Second by Councllmember Olsen. DiscuSSlon was held Councilmember Genser moved to amend his motion to allow for a 1.5 FAR rather than 1.25 FAR. The motion was accepted as friendly. Discuss~on was held. The amendment failed by the following vote: Council vote: Affirmatlve: Councilmembers Vazquez, Olsen, Genser Negative: Councllmembers Rosenstein, Holbrook, Greenberg, Mayor Abdo I Councilmember Genser moved to amend the motion to ma~ntaln the current height limit (45' ) per the Zoning Code for parcels fronting on 6th and 7th Streets in the C3 zone and the C3 zone on the north side of Wllshire Boulevard with no commercial uses above the second floor. Second by Councilmember Olsen. Discuss~on was held. The motion failed by the following vote: Council vote: Affirmatlve: Councilmembers Olsen, Genser Negative: Counc~lmembers Vazquez, Rosensteln, Holbrook, Greenberg, Mayor Abdo Councilmember Vazquez moved to amend the motion to have a 1.75 FAR for parcels fronting on 6th and 7th Streets in the C3 zone and the C3 zone on the north side of Wilshire Boulevard. The motion died for lack of a second. Mayor Abdo clarified the motlon as follows: 2.0 FAR, three stories (45') for 6th Street, 7th Street, and the north side of Wllshire Boulevard, and 56' on 5th and one slde of 6th Street, excluding the language Hfrom Bayside District Speclflc Plan," 50% bonus in FAR If residential is bUllt, height remains the same and there is no 2-story bonus. The mot~on was approved by the following vote: I 2 March 30, 1993 I I I 4S Council vote: Affirmative: Counc1lmembers Rosenste1n, Holbrook, Greenberg, Mayor Abdo Negative: Councilmembers Vazquez, Olsen, Genser Councilmember Genser requested that the record reflect that he voted "no" on this motion because the standards were wrong four years ago and they are wrong now. C4 Zone Council asked quest10ns of staff with regard to the C4 Zone. Discussion was held. Counc1lmember Genser moved to lower the potential FAR in the C4 zone to .9 or 1.5 overall building if no more than 1.125 went to commerc1al and .375 would go to housing. Second by Counc1lmember Olsen. The motion failed by the following vote: Council vote: Affirmative: Counc1lmembers Vazquez, Olsen, Genser Negative: Counc1lmembers Rosenstein, Holbrook, Greenberg, Mayor Abdo Mayor Abdo moved to return to the existing 1.0 FAR 1n the areas which are currently 1.0 and continue with 1.5 FAR in the areas which are currently 1.5. The motion was accepted as friendly. Council asked questions of staff. Discussion was held. The motion was approved by the following vote: Counc11 vote: Affirmative: Councilmembers Vazquez, Rosenstein, Holbrook, Greenberg, Mayor Abdo Negative: Councilmembers Olsen, Genser C6 Zone D1ScuSS1on was held with regard to the C6 Zone. Counc1lmember Genser moved to reduce the FAR to 1.5 maximum for the C6 zone. Second by Councilmember Olsen. Discussion was held. The motion failed by the follow1ng vote: Council vote: Affirmative: Counc1lmembers Genser Vazquez, Olsen, Negative Councilmembers Rosenstein, Holbrook, Greenberg, Mayor Abdo Mayor Abdo clarified the motion for the C6 zone as follows: 2.0 FAR with a 25% reduction for parcels over 22,500 square feet and when there 1S a building that is all commercial there will be a 30% reduction, or 70% of the FAR can be bU1lt 1f it is over two lots. The motion was approved by the follow1ng vote: 3 March 30, 1993 46 Council vote: Affirmative: Councilmembers Rosenste~n, Holbrook, Greenberg, Mayor Abdo Negative: Councilmembers Vazquez, Olsen, Genser I BCD Zone Council asked quest~ons of staff with regard to the BCD Zone. Discussion was held. The motion was approved by the following vote: Counc~l vote: Unanimously approved 7-0 Counc~lmember Rosenstein moved to amend the motion to study the concept of allowing a building to be built on some of the arterials and some port~on of that build~ng be allowed to have an add~t~onal story without any add~t~onal square footage. Second by Counc~lmember Holbrook. D~scussion was held. The motion failed, Counc~lmembers Vazquez, Olsen, Greenberg and Genser opposed. Discussion was held. Councilmember Genser moved to amend the mot~on that was made at the March 16, 1993 meeting regarding the C5 District to allow supporting commercial development to be included in the res~dential zones. Second by Councilmember I Holbrook. The motion was unanimously approved. Mayor Abdo moved that when staff returns with this recommendation that two opt~ons be on the table with regard to developed portions of those areas w~th a development agreement and some analysis as to the meaning and the impact of chang~ng the underlying zoning (even in a temporary way) to a res~dential zone. Second by Councilmernber Greenberg. Discussion was held. The motion was unanimously approved. At 9: 13 P. M. , Counc~l adj ourned for a short recess. reconvened at 9:35 P.M. with all members present Council 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all ~tems are considered and approved in one mot~on unless removed from the calendar for discussion Counc~lmember Greenber~ moved to approve the Consent Calendar, read~ng resolutlons and ordinances by tltle only and waiving further reading thereof. Second by Councilmember Holbrook. The motion was approved by the following vote: CounCll vote: Unanimously approved 7-0 6-A. MINUTES: The City Council minutes of March 16, 1993, were approved. 6-B: TRANSPORTATION MANAGEMENT PLAN: Ordinance No. 1679 (CCS) I entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.12 070, 4 March 30, 1993 I I I 47 9.12.090, 9.12 110 AND 9.12.120 RELATING TO TRANSPORTATION PLANS,n was adopted on second readlng. WORKSITE END OF CONSENT CALENDAR a-A: VEHICLE AND PARKING-RELATED INFRACTIONS: Mayor Pro Tempore Vazquez moved to adopt Ordlnance No. 1680 (CCS) . Second by Mayor Abdo. Discussion was held. Councllmember Rosenstein moved a substitute motion to continue thlS ltem to a future meeting. Second by Councilmember Holbrook. Discusslon was held. The motlon falled, Councilmembers Vazquez, Olsen, Greenberg, Genser, and Mayor Abdo opposed. Discussion was held. The maln motion was approved by the followlng vote: Council vote: Affirmative' Councllmembers Vazquez, Olsen, Greenberg, Genser, Mayor Abdo Negative Councllmembers Rosenstein, Holbrook CounCllmember Holbrook requested that the record reflect that he voted 11 no 11 on this item because he feels that the increases ln fines are exceSSlve. By virtue of the above action, Ordinance No. 1680(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND ADDING VARIOUS SECTIONS OF THE MUNICIPAL CODE TO CHANGE VEHICLE AND PARKING-RELATED INFRACTIONS TO CIVIL OFFENSES AND TO REVISE THE AMOUNT OF FINES," was adopted on second reading by title only, waiving further reading thereof. 9-A: CLOSED SESSION: Held at the end of the meeting. 14-A: APPOINTMENT OF MEMBER/ARCHITECTURAL REVIEW BOARD: Mayor Abdo announced that the floor would consider nominations to the Architectural Review Board. Mayor Abdo opened the floor to nominatlons to the Archltectural Review Board. Counc1 lmember Greenberg nominated Janet Splnks. Councilmember Genser nominated Diane Caughey. Councilmember Holbrook nominated Michael Folonls. Mayor Abdo nominated Blll Adams. There belng no other nominations, nominations were closed. On a call of the roll, the votes were cast as follows: Spinks - Councilmember Greenberg; Caughey Councilmerobers Genser and Olsen; Folonis Councilmembers Holbrook, Rosensteln/ and Vasquez; Adams - Mayor Abdo. As no one received four votes, the floor was opened by Mayor Abdo for nomlnations. Mayor Abdo nomlnated Janet Spinks. Councilmember Genser nomlnated Diane Caughey Councilmember Holbrook nominated Michael Folonis. There being no other nominations, nomlnations were closed. On a call of the roll, the votes were cast as follows: Spinks - Mayor Abdo, Councilmembers Greenberg, and Rosenstelni Caughey - Councilmembers Genser, Olsen and Vasquezi Folonis Councilmember Holbrook. As no one received a majority vote, the floor was opened by Mayor Abdo for nominations Mayor Abdo nominated Janet Splnks. Councilmember Genser nominated Bill Adams. There being no other nomlnatlons, nominations were closed. On a call of the roll, the votes were cast as follows: Spinks - Mayor Abdo, Councilmembers Greenberg, 5 March 30/ 1993 48 Holbrook, and Rosensteinj Adams Councllmembers Genser and Olsen; Mayor Pro Tempore Vasquez abstained. Thereby, Janet Spinks was appointed to the Architectural Review Board for a term endlng June 30, 1994. I 14-B PROHIBITION OF PLACEMENT OF NEWSRACKS SELLING PORNOGRAPHIC MATERIALS: Presented was the request of Councilmember Greenberg to dlSCUSS directing the City Attorney to research the legality of prohibiting the placement of news racks selling pornographic materlals within 200 feet of 11braries, schools, places of worship, Chlld care centers and parks. Councllmember GreenberR moved to request the City Attorney to research the legality of prohibiting the placement of news racks selling pornographlc materlals within 200 feet of librar1es, schools, places of worship, child care centers and parks. Council asked questions of staff. Discussion was held. Member of the publlc Joy Fullmer expressed her concerns. Discussion was held. Councllmember Greenber~ moved a substitute mot1on to require blinder racks for pornographlc material and return the matter regarding prohlbition to the Commlssion on the Status of Women for further review. Mayor Abdo moved to amend the motion that rather than requiring bllnder racks that the concept of blinder racks be returned to the Comm1sslon on the Status of Women for further study. The motion was accepted as friendly. Second by Mayor Abdo. Discussion was held. The motion was approved, Councilmembers Genser and Olsen opposed. 14-E WORKING GROUP/TASK FORCE/PUBLIC SAFETY: Mayor Abdo I requested that her item to dlSCUSS the formation of a working group/task force on publlC safety be contlnued to the meeting of Aprll 13, 1993. 14- F: SOUTHERN CALIFORNIA GAS COMPANY PROPOSED RATE INCREASE: Presented was the request of CounCllmember Rosenstein to dlSCUSS taklng a position on the Southern California Gas Company's proposed rate increase. Members of the public Byl via Gentile, Margaret Prescod, and Sarah Bradshaw spoke 1n opposition to Southern California Gas Company's proposed rate lncrease. Member of the public Bob Nicks1n explained Southern Callfornia Gas Company's proposed rate increase. Councilmernber Vazquez moved to extend the meeting to 11:20 P.M. Second by Councilmernber Greenberg The motion was unanlmously approved. Councilmember Rosenstein moved that Counc11 express its concern to the Publ1c Utilities Commission to oppose the proposed rate increase and the changes in servlce and ask the Public Utilit1es CommlSSlon to ensure that the public interest is protected when they make their determlnation. Second by Mayor Abdo. Discussion was held. The motlon was approved by the followlng vote: Councll vote: Affirmative: Councilmernbers Genser, Greenberg, Olsen, Rosensteln, Vazquez, Mayor Abdo Absta1n. Councilmember Holbrook I 6 March 30, 1993 I I I 49 14-G: MAYOR APPOINTMENTS/PUBLIC AGENCIES/LIAISONS/BOARDS AND COMMISSIONS: Mayor Abdo moved the following appolntments: Mayor Abdo to the Plannlng Commlsslon; Mayor Pro Tempore Vazquez to the Arts Commission; Mayor Pro Tempore Vazquez to the Social SerVlces Commlsslon; Councllmember Holbrook to the Llbrary Board. Second by Councilmember Greenberg. The motion was unanimously approved 14-H: NOTICE OF VACANCY/ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: Mayor Abdo moved to authorlze the City Clerk to publlsh a Notlce of Vacancy for the annual appolntments to Boards and Commissions. Second by Councilmember Greenberg. The motion was unanlmously approved. 15. PUBLIC INPUT: Members of the public Joy Fullmer, Homeless American, and Llla Hakiml addressed Council. 9-C: CLOSED SESSION: At 11:20 P.M., Council adjourned to Closed Session for the purpose of dlscussing the case of Katherlne Rubin v. Clty of Santa Monica, Case No. LC 009 571. At 11:30 P.M., Council reconvened wlth all members present. Mayor Abdo moved to approve settlement ln the case of Rubin ln the amount of $30,000. The motion was duly seconded and approved. The motion was approved by the followlng vote: Council vote: Unanimously approved 7-0 ADJOURNMENT: At 11:30 P.M., the meeting was adjourned in memory of Reglnald Karie. ATTEST: APPROVED: Clarlce E. Dykhouse City Clerk Judy Abdo Mayor 7 March 30, 1993