Loading...
M-2/9/1993 I I I 1. CITY OF SANTA MONICA CITY COUNCIL MINUTES FEBRUARY 9, 1993 A regular meeting of the Santa Monica City Council was called to order by Mayor Abdo at 6:42 P.M. on Tuesday, February 9, 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 (arrived at 7:30 P.M.) Councilmember Kelly Olsen Councilmember Paul Rosenstein Also Present: city Manager John Jalili Acting city Attorney Joe Lawrence City Clerk Clarice E. Dykhouse Councilmember Greenberg led the assemblage in the Pledge of Allegiance to the Flag of the United States of America. councilmember Genser reported present at 6:47 P.M. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all items are considered and approved in one motion unless removed from the calendar for discussion. Councilmember Greenberg moved to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by councilmember Rosenstein. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Vazquez, Rosenstein, Olsen, Greenberg, Genser, Mayor Abdo Absent: councilmember Holbrook 6-A: MINUTES APPROVAL: The city Council minutes of January 19, 1993, were approved as submitted. 6-B: AMENDMENT OF CONTRACT/PERS/EARLY RETIREMENT: Ordinance No. 1666 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES I RETIREMENT SYSTEM," was adopted on second reading. 6-C: WATER CONSERVATION PLUMBING STANDARDS: Ordinance No. 1667 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 7.16.140 THROUGH SECTION 1 February 9, 1993 2 7.16.230 TO CHAPTER 7.16 OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH WATER CONSERVATION PLUMBING STANDARDS UPON CHANGE OF PROPERTY OWNERSHIP," was adopted on second I reading. 6-0: FINAL SUBDIVISION MAP/TRACT NO. 22268/CONOOMINIUMS/2715 4TH STREET: ReSOlution No. 8537(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 22268 FOR A PROJECT AT 2715 4TH STREET," was adopted, thereby approving a 4-unit condominium project at 2715 4th street. 6-E: FINAL SUBDIVISION MAP/TRACT NO. 47281/CONDOMINIUMS/270 PALISADES BEACH ROAD: Resolution No. 8538 (CCS) entitled: JlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 47281 FOR A PROJECT AT 270 PALISADES BEACH ROAD," was adopted, thereby approving a 12-unit condominium project at 270 palisades Beach Road. 6-F: FINAL SUBDIVISION MAP/TRACT NO. 50986/TPC-187/1701-09 WASHINGTON AVENUE: Resolution No. 8539(CCS) entitled: JlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50986 FOR A PROJECT AT 1701-1709 WASHINGTON AVENUE," was adopted, thereby approving a 6-unit tenant participating conversion project at 1701-09 Washington Avenue. 6-G: REPAIR OF SIDEWALKS/DRIVEWAYS/CURBS/REMOVAL OF DAMAGED I PAVEMENT IN PARKWAY: Resolution No. 8540 (CCS) entitled: JlA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A PUBLIC HEARING ON APRIL 13, 1993, FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS, CURBS AND THE REMOVAL OF DAMAGED PAVEMENT IN PARKWAY AREA (SR-93-187),1I was adopted. 6-H: CALTRANS(STATE SHARE FUNDS/STATE-LOCAL PARTNERSHIP PROGRAM: Resolution No. 8541(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT ON BEHALF OF THE CITY TO RECEIVE STATE SHARE FUNDS UNDER THE STATE-LOCAL PARTNERSHIP PROGRAM," was adopted approving Contract Number 5928(CCS). 6-1: EMERGENCY AMBULANCE TRANSPORTATION: contract No. 5927(CCS) was approved with the County of Los Angeles regarding the provision of emergency ambulance transportation. END OF CONSENT CALENDAR 7-A: APPEAL/CUP 92-041/RESTAURANT/1245 3RD STREET: The appeal of CUP 92-041 requesting a Type 47 (on-sale general) alcohol license in conjunction with a 246-seat restaurant at 1245 3rd street was continued to the meeting of February 16, 1993. I g-A: DISQUALIFICATION OF FORMER CITY OFFICIALS AND EMPLOYEES: The ordinance for introduction and first reading amending various 2 February 9, 1993 I I I 3 sections of Santa Monica Municipal Code Chapter 2.08 Article II relating to disqualification of former City officials and employees was continued to the meeting of February 16, 1993. 8-B: REGULATIONS/USE OF CITY PARKS BY ORGANIZED GROUPS: Presented was an ordinance for adoption and second reading establishing regulations governing use of City parks by organized groups and amending the Santa Monica Municipal Code. Council asked questions of staff. Councilmember Rosenstein moved to adopt ordinance No. 1668 (CCS)-entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA ESTABLISHING REGULATIONS GOVERNING USE OF CITY PARKS BY ORGANIZED GROUPS AND AMENDING THE SANTA MONICA MUNICIPAL CODE," reading by title only and waiving further reading thereof. Second by Councilmember Greenberg. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Genser, Greenberg, Olsen, Rosenstein, Vazquez, Mayor Abdo Absent: councilmember Holbrook 8-C: INTERIM DEVELOPMENT STANDARDS/RVC ZONES/PACIFIC COAST HIGHWAY: Presented was an ordinance for adoption and second 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. Councilmember Greenberg moved to adopt Ordinance No. 1669 (CCS) 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 Vazquez, Rosenstein, Olsen, Greenberg, Genser, Mayor Abdo Absent: Councilmember Holbrook 9-A: COMMERCIAL DEVELOPMENT STANDARDS PROGRAM ENVIRONMENTAL IMPACT REPORT: Presented was the recommendation to review Commercial Development Standards Program Environmental Impact Report and direction to the city Attorney to prepare an implementing ordinance. Councilmember Holbrook reported present at 7:30 P.M. Council asked questions of staff. Members of the public Fred Salenger, Bob Nicksin, James Gray, Gary Hill, Court Walker, Maurice Levin, David Thurman, Ken Kutcher I Jeff Pine, Wal t McHendry, and Chris Harding spoke in opposition to the proposal. Member of the public Kevin Kozal expressed concern wi th the 30% mandatory housing requirement. Members of the public Linda Bozung and William Feldman urged rejection of any introduction of residential housing into the industrial corridor. Planning Commissioner Ralph Mechur discussed the proposal and the feelings of the Planning Commission. Member of the public Joy 3 February 9, 1993 4 Fullmer expressed her concerns. Member of the public Stephen Slater expressed concern with the lack of standards in the MljR&D zone. Member of the pUblic Merritt Coleman expressed the opinion I that the EIR is inadequate with regard to housing. Member of the public John Dudzinsky stated his basic opposition to the proposal and expressed concern with the changes in commercial development standards which would render many existing businesses and properties non-conforming and urged council to provide flexibility for existing businesses and operations. Personnel Board member Irma Vargas stated her basic opposition to the proposal; however, stated her support of leaving the C-3 zone as is. Member of the public David Hibbert stated his basic opposition to the proposal; however, stated his support of housing as an option rather than a requirement. At 9:28 P.M., Council adjourned for a short recess. reconvened at 9:50 P.M. with all members present. council 9-A: RESUMED: Members of the public Robert Blair, Joseph Palazzolo, Marvin Levin, Stanley Robbins, Hugh Moore, David Bohn, Hillel Kellerman, patricia Peters, Saul Gindoff, John Boan, Mike O'Neal, and Karl Schober spoke in opposition to the proposal. Member of the public Dennis Zane spoke in support of the proposal with amendments. Member of the public Bob Gabriel spoke in opposition to the mixed use of commercial and residential. Mayor Pro Tempore Vazquez moved to hear late speakers. Second by Councilmember Greenberg. The motion was unanimously approved. I Member of the public Bernard Perloff spoke in opposition to the proposal and made suggestions as to uses for the MljR&D zone. Member of the public Brian Hutchiss spoke in support of the concept of mixed use. Public testimony regarding this subject was closed. Council concurred to continued this item to the meetings of February 16 and March 2, 1993. 9-B: POLICING ISSUES/CRIME REDUCTION/PICO NEIGHBORHOOD: The report regarding policing issues and crime reduction in the pico Neighborhood was continued to the meeting of February 16, 1993. g-c: CHANGE VARIOUS VEHICLE AND PARKING-RELATED INFRACTIONS TO CIVIL OFFENSES/REVISE AMOUNT OF VARIOUS FINES: The recommendation to authorize the city Manager to negotiate and execute agreements to implement the administrative provisions of AB408 and direct the City Attorney to prepare an ordinance amending the Santa Monica Municipal Code to change various vehicle and parking-related infractions to civil offenses and revise the amount of various fines was continued to the meeting of February 16, 1993. 9-D: CLOSED SESSION: Held at end of meeting. council concurred to continue items 13-A and 14-A to the end of the meeting. I 4 February 9, 1993 I I I 5 14-B: REVOCATION OF PERMITS/CARWASH: councilmember Genser presented his request to discuss directing City staff to revoke the permits which allow the development of a self-service carwash a t the northeast corner of Ozone Avenue and Lincoln Boulevard. Councilmember Genser moved to hear members of the public. Second by Councilmember Olsen. Discussion was held. The motion was unanimously approved. Mayor Pro Tempore Vazquez moved to extend the meeting to 12:00 Midnight. Second by Mayor Abdo. The motion failed, councilmembers Holbrook, Greenberg and Rosenstein opposed. Councilmember Greenberg moved to restrict public comment to one minute each. Second by Councilmemher Rosenstein. The motion was withdrawn by the maker of the motion and the second. Discussion was held. Mayor Pro Tempore Vazquez moved to extend the meeting to 12:00 Midnight. Second by Mayor Abdo. The motion was approved, Councilmember Rosenstein opposed. Members of the publ ic Daniel Green, Paul Roman, Dominick Santora, Ray Mickshaw, Daniel Schuch, June Hagen, Richard Bloom, Jane Dempsey, and Emmalie Hodgin spoke in opposition to the construction of a carwash at the proposed location. Member of the public Michael Sausser reviewed the approval process. Member of the public Noel Annenberg spoke in support of the proposed carwash. Discussion was held. Councilmember Greenberg moved to instruct the City Attorney to draft an emergency ordinance requiring a conditional use permit for any commercial use that is open between the hours of 2:00 A.M. and 6:00 A.M., and, provide that if any such use is located within 300' of a residential area, a CUP be required if the business is open between the hours of 12:00 Midnight and 6:00 A.M. and further provide that the ordinance apply to all Certificates of Occupancy which are issued after February 9, 1993. Second by Councilmember Rosenstein. Discussion was held. Mayor Abdo moved to amend the motion to include a process between the neighbors and the developer so that specific issues of concern of the neighbors are addressed, and an enforceable agreement is reached. The motion was accepted as friendly. Discussion was held. Councilmember Genser moved to amend the motion to restrict the hours of operation from 7:00 A.M. to 10:00 P.M. for uses located within 300' of a residential area. The motion was accepted as friendly. Discussion was held. The motion was unanimously approved. 14-A: ERIC PARLEE/LETTER OF RESIGNATION/ARCHITECTURAL REVIEW BOARD: councilmember Rosenstein moved to accept with pleasure the letter of resignation of Eric Parlee from the Architectural Review Board due to his recent appointment to the Planning commission. Second by Councilmember Greenberg. The motion was unanimously approved. 13-A: JOHN BLAKE PISTILLI/SAFE SEX BROTHELS: councilmember Genser moved to receive and file the request of John Blake Pistilli to address Council regarding the adoption of a resolution supporting the U. S. Government funding of safe sex brothels. Second by Mayor Abdo. The motion was unanimously approved. 5 February 9, 1993 6 15: PUBLIC INPUT: Member of the public Joy Fullmer discussed interest rates. Member of the public Jon stevens discussed communication between City officials and residents regarding PEN. Councilmembers Holbrook and Rosenstein excused themselves from the meeting at 11:45 P.M. 9-D: CLOSED SESSION: At 11:46 P.M., Council adjourned to Closed Session for the purpose of considering the cases of Robert Pickett, et ale v. Thomas P. Burgess, United states District Court Case No. CV 92-2070 WMB and Grbavac & prkacin Construction Co., v. City of Santa Monica, Santa Monica Municipal court Case No. 88 C 2390, and discussion of possible purchase/donation of Drescher Property, located between Olympic Boulevard and Nebraska Avenue east of Stewart, with the City of Santa Monica. The negotiator for the City of Santa Monica is John Jalili, city Manager. The negotiator for the owners of the property is John Drescher. At 12:20 A.M., Council reconvened with all members present except Councilmembers Holbrook and Rosenstein. Councilmember Genser moved to approve a settlement in the amount of $27,975.58, plus interest, in the case of Grbavac & prkacin Construction co., v. ci ty of Santa Monica. Second by Councilmember Greenberg. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Vazquez, Olsen, Greenberg, Genser, Mayor Abdo Absent: Councilmembers Rosenstein, Holbrook ADJOURNMENT: At 12:22 A.M., the meeting was adjourned to 6:30 P.M., February 16, 1993, in memory of Paul E. Nebel. ATTEST: /~~ /j)~ ~larice E. DYkh~~ city Clerk APPROVED: 9~~ /tp Judy Abdo Mayor 6 February 9, 1993 I I I