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M-3/2/1993 22 CITY OF SANTA MONICA CITY COUNCIL MINUTES I MARCH 2, 1993 An adjourned meeting of the Santa Monica City council was called to order by Mayor Abdo at 6:42 P.M. on Tuesday, March 2, 1993, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez Councilmember Ken Genser (arrived at 6:44 P.M.) Councilmember Asha Greenberg councilmember Robert T. Holbrook Councilmember Kelly Olsen Councilmember Paul Rosenstein Also Present: City Manager John Jalili Acting City Attorney Joe Lawrence City Clerk Clarice E. Dykhouse Mayor Pro Tempore. Vazquez led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. Councilmember Holbrook moved to hear emergency Item No. 14-C. I Second by Mayor Pro Tempore Vazquez. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: councilmembers Genser, Holbrook, Olsen, Vazquez, Mayor Abdo Negative: Councilmembers Greenberg, Rosenstein 4-A: PROCLAMATION/MARCH 1993/ART MONTH: Mayor Abdo presented a proclamation declaring March 1993 as IlArt Month" in the city of Santa Monica. 5-A: ZONING ORDINANCE AMENDMENTS/CAR WASHES: Mayor Abdo presented her request to discuss zoning ordinance amendments to identify appropriate zoning districts and permit process to allow car washes. Mayor Abdo moved to direct staff to add car washes to the zoning ordinance as either permitted, conditionally permitted, or prohibited uses in various zones. Second by Councilmember Rosenstein. Discussion was held. Mayor Abdo moved to amend her motion to direct staff to prepare an interim ordinance. The motion was accepted as friendly. councilmember Genser moved to amend the motion that car washes be allowed with a Conditional Use Permit in M zones and C-4 zones. The motion was accepted as friendly with the understanding that staff will return with information as to how this will impact currently I existing car washes should they become prohibited at their current location as well as information as to zones which are appropriate for car washes. Discussion was held. councilmember 1 March 2, 1993 I I I 23 Olsen moved to amend the motion to include a limit that car washes not operate between the hours of 10:00 P.M. and 7:00 A.M. The motion was accepted as friendly with the understanding that staff explore the possibility of limiting hours and include same in the interim ordinance but hours not be specified at this time and investigate the impact this may have on existing car washes which mayor may not have specific hours as conditions of their operation. Discussion was held. Mayor Abdo moved to amend her motion to include standards for recycling water and other environmental concerns as conditions. The motion was accepted as friendly. Discussion was held. Member of the pUblic Joy Fullmer expressed her concerns. The motion was unanimously approved. 5-B: CROSSWALKS/MONTANA AVENUE/PICO BOULEVARD: councilmember Olsen presented his request to discuss directing staff to replace and install paved over crosswalks on Montana Avenue. Councilmember Olsen stated that he wanted staff to return with a plan addressing the feasibility of having crosswalks re-installed in the City, making pedestrian-friendly crosswalks, and to return with a recommendation as to methods to be employed to make crosswalks safe. Mayor Abdo opened the floor to the publ ic. Member of the public Sam Kaplan spoke in support of re-installing crosswalks within the city. Discussion was held. Councilmember Olsen moved to direct staff to 1) curtail work on the draft ordinance which is currently being worked on which allows that, through attrition, crosswalks not be installed within the City unless certain criteria can be demonstrated: 2) start work on a process of what makes crosswalks work by putting back crosswalks and determine what will make the crosswalks safe through stenciling of warnings, signage, pedestrian signage, the possibility of more stop signs, yield to pedestrian signs, etc., which are not cost intensive, and 3) address the longer, bigger issues of street narrowing, one lanes, trees, more signals, etc., that may require higher costs. Second by Mayor Pro Tempore Vazquez. Mayor Abdo moved to amend the motion that the words "and put back the crosswalks" be modified to allow other means of making it safe to cross the street. The amendment was accepted as friendly. Councilmember Genser added the option to use speed dots or another method to make drivers aware of something ahead. The suggestion was accepted as friendly. Discussion was held. Mayor Pro Tempore Vazquez moved to amend the motion to include direction to staff to investigate the possibility of having a crossing guard at Lincoln and Michigan. The motion was accepted as friendly. Discussion was held. The motion was approved by the fOllowing vote: Council vote: Affirmative: councilmembers Vazquez, Olsen, Genser, Mayor Abdo Negative: Councilmembers Rosenstein, Holbrook, Greenberg Councilmember Holbrook requested voted "no" on this item because crosswalks can be made safe reinstalled. that the record reflect that he he wants to understand how the before ordering them to be 2 March 2, 1993 24 Councilmember Rosenstein requested that the record reflect that he fully supports making the streets safer and he would support any community process to do that but he feels that drawing I conclusions about crosswalks is inappropriate at this time. councilmember Greenberg requested that the record reflect that she voted "noli on this item because she got contradictory responses from the maker of the motion as to what the motion meant and she really did not understand it. 5-C: GRAFFITI: Councilmember Holbrook presented his request to discuss instructing staff to study the problem of graffiti in the city. Councilmember Holbrook moved to instruct staff to study the problem of graffiti including 1) consideration of an ordinance controlling the sale of cans of spray paint and marking pens to minors ~ 2) consideration of an ordinance that permits City employees to paint out graffiti when the property owners' permission is unavailable~ 3) study anti-graffiti measures that are successful in other cities: 4) study the recently passed state law that allows formations of anti-graffiti assessment districts to determine whether it would be practical for the City of Santa Monica; and 5) investigation of any other relevant issues. Second by Mayor Pro Tempore Vazquez. Discussion was held. Mayor Abdo moved to amend the motion to direct staff to have discussions with the Neighborhood Support Center to determine interest to become a partner in this endeavor, investigate the possibility of having an ordinance controlling spray paint, implement a public education process, and I investigate the possibility of utilizing plantings and other methods to make walls or surfaces uninviting to graffiti. The motion was accepted as friendly. The motion was unanimously approved. 7-A: APPEAL/TPC 257/1255 PRINCETON STREET: presented was the appeal of Tenant Participating Conversion TPC 257, for an 11- unit building at 1255 Princeton Street. Applicant: Noeman Nomanim. Appellant: Ilse Rosenstein. Councilmember Holbrook excused himself from deliberations on this item due to a possible conflict of interest because he owns property across the street from this location. city Clerk Dykhouse swore in Jerry Shindkam (the translator) to truthfully translate the testimony to be given. City Clerk Dykhouse swore in Lisa Borrino, David Fassberg, Ron Regev, Isaac Regev, Michael Koenig, Ilse Rosenstein, Noeman Nomanim, Elizabeth Banach, Anna Banach, and Mahnaz Nomanim to tell the truth in their testimony this evening. Appellant Ilse Rosenstein spoke in support of the appeal. Council asked questions of Ms. Rosenstein. Applicant Noeman Nomanim spoke in opposition to the appeal. council asked questions of Mr. Nomanim. Members of the public Lisa Borrino, David Fassberg, Ron Regev, and Isaac Regev spoke in support of the appeal. Members of the public Michael Koenig, Elizabeth Banach, Anna Banach, and Mahnaz Nomanim spoke in opposition to the appeal. Councilmember Olsen moved to hear a late chit. I Second by Councilmember Genser. The motion was unanimously approved. ci ty Clerk Dykhouse swore in Jeffrey Taylor to tell the truth in his testimony. Member of the pUblic Jeffrey Taylor 3 March 2, 1993 I I I 25 spoke in opposition to the appeal. Appellant Ilse Rosenstein provided a rebuttal. Council asked questions of Ms. Rosenstein. councilmember Rosenstein moved to refer this issue to a Hearing Examiner from the City Attorney's office, request the Hearing Examiner to investigate the relevant facts (those facts which bear directly on the issues before Council as to whether or not the TORCA application should be approved), attempt to ascertain the truth as best as possible, and that the Hearing Examiner make recommendations to Council as to the relevant facts of the case as well as those facts which are undeterminable, and, if possible, the Examiner make a recommendation as to how the Council should dispose of this matter. Second by Councilmember Greenberg. Discussion was held. Council~ember Genser ~oved to amend the motion to ascertain tenancy of unit numbers 201, 102, 105 and 205, and ask if there is evidence that another inspection report had been obtained within the time limits prescribed by the TORCA Charter Amendment. The motion was accepted as friendly. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Vazquez, Rosenstein, Olsen, Greenberg, Genser, Mayor Abdo Absent: councilmember Holbrook Michael Koenig, representing the applicant, and Lisa Borrino, representing the appellant agreed to waive the time periods under the Subdivision Map Act for 120 days. Councilmember Rosenstein moved that Item No. 9-A be continued to the meeting of March 16, 1993, as a usn item. Second by Mayor Abdo. The motion was unanimously approved. At 10: 30 P.M., Council adjourned for a short recess. reconvened at 10:45 P.M. with all members present. council a-A: INTERIM DEVELOPMENT STANDARDS/PARCELS ZONED RVC/PACIFIC COAST HIGHWAY: Presented was an ordinance for introduction and first reading establishing interim development standards for parcels zoned RVC located on Pacific Coast Highway between the Santa Monica pier on the south and the north City limits. At 10:50 P.M., Mayor Ahdo declared the public hearing open. There being no one wishing to speak, Mayor Abdo closed the public hearing. Councilmember Holbrook moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR PARCELS ZONED RVC LOCATED ON PACIFIC COAST HIGHWAY BETWEEN THE SANTA MONICA PIER ON THE SOUTH AND THE NORTH CITY LIMITS," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore Vazquez. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Greenberg, Holbrook, Rosenstein, Vazquez, Mayor Abdo Absent: councilmember Olsen 4 March 2, 1993 26 9-A: REVIEW/COMMERCIAL DEVELOPMENT STANDARDS PROGRAM ENVIRONMENTAL IMPACT REPORT: The recommendation to review Commercial Development Standards program Environmental Impact I Report and direct the city Attorney to prepare implementing ordinance was continued to the meeting of March 16, 1993, as a "511 item. 9-B: CLOSED SESSION: Held at end of meeting. 14-A: REPORT/EFFECT OF EMERGENCY ORDINANCE/CUP COMMERCIAL USES: Presented was the request of Councilmember Olsen to discuss directing staff to report on the effect of the Emergency Ordinance No. 1671(CCS) adopted on February 23, 1993, requiring a conditional use permit for certain commercial uses on an interim basis. Discussion was held. No action was taken. 14-B: APPROVAL OF TRAVEL FUNDS/WORKSHOP ON URBAN DESIGN: Presented was the request of Councilmember Genser to discuss approval of City Council travel funds to attend the 6th Annual Workshop on Urban Design on March 15, 1993, at the Pacific Design center in West Hollywood. Councilmember Genser moved to allow any counci1member who wishes to attend the Workshop on Urban Design to utilize City Council travel funds to do so. Second by Councilmember Greenberg. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 14-C: CLARIFICATION OF STATUS AND ENFORCEMENT OF THE LEAF BLOWER I ORDINANCE: Presented was the request of Councilmember Olsen to discuss clarification of the status of the leaf-blower ordinance and the enforcement of the ordinance. Discussion was held. Councilmember Olsen moved to direct the City Manager to convey to the Police Department that the leaf-blower ordinance is still in effect and it is necessary to enforce same. Second by Mayor Abdo. The motion was unanimously approved. Mayor Pro Tempore Vazquez moved to extend the meeting to 11:15 P.M. Second by Councilmember Greenberg. The motion was unanimously approved. 9-B: CLOSED SESSION: At 11:05 P.M., Council adjourned to Closed Session. No action was taken. Council reconvened at 11:10 P.M. I 5 March 2, 1993 I I I 2/ ADJOURNMENT: At 11:15 P.M., the meeting was adjourned to 6:30 P.M., March 16, 1993. ATTEST: ~~/4~ Clarice E. Dykhouse City Clerk APPROVED: 9--4p.p Judy Abdo Mayor 6 March 2, 1993 28 I NOTICE OF CANCELLATION Pursuant to C1ty Counc1l act10n of February 23, 1993, the C1ty Counc11 meet1ng of March 9, 1993, 1S cancelled due to lack of a quorum. DATE: March 3, 1993 (/ Clar1ce E. C1ty Clerk I I