Loading...
M-12/15/1992 I I I 430 CITY OF SANTA MONICA CITY COUNCIL MINUTES DECEMBER 15, 1992 An adjourned meeting of the Santa Monica City Council was called to order by Mayor Abdo at 7: 42 P.M. on Tuesday, December 15, 1992, in the Council Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez Councilmember Ken Genser 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 Greenberg moved to add emergency Item No. 14-D to the agenda. Second by Councilmember Holbrook. Council asked questions of staff. Discussion was held. The motion was approved by the following vote. Council vote: Unanimously approved 7-0 4-A: AWARD OF CERTIFICATES/1992 WORLD AIDS DAY POSTER CONTEST: Mayor Abdo presented certificates to participants in the 1992 World Aids Day Poster Contest. 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 Holbrook moved to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Counci1member Olsen. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: DISABLED PARKING/DOWNTOWN PARKING STRUCTURES: Resolution No. 8517 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PERMITTING MOTORISTS DISPLAYING A DISABLED PLACARD TO PARK IN THE PERMIT ONLY AREAS OF THE DOWNTOWN PARKING STRUCTURES," was adopted. 6-B: FINAL SUBDIVISION MAP/TRACT NO. 21957/CONDOMINIUMS/2002- 2008 IDAHO AVENUE: Resolution No. 8518 (CCS), entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 1 December 15, 1992 43l ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 21957 FOR A PROJECT AT 2002-2008 IDAHO AVENUE, tI was adopted, thereby approving a 4-unit condominium project at 2002-2008 Idaho I Avenue. 6-C: FINAL SUBDIVISION MAP/TRACT NO. 50953/TPC-185/2424-2428 OAK STREET: Resolution No. 8519(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 50953 FOR A PROJECT AT 2424-2428 OAK STREET," was adopted, thereby approving a 12-unit tenant-participating conversion project at 2424-2428 Oak Street. 6-D: FINAL SUBDIVISION MAP/TRACT NO. 51071/TPC-192/630 IDAHO AVENUE: Resolution No. 8488(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 51071 FOR A PROJECT AT 630 IDAHO AVENUE," was adopted on October 13, 1992, thereby approving a 23-unit tenant-participating conversion project at 630 Idaho Avenue. 6-E: CERTIFICATION OF STATEMENT OF OFFICIAL ACTION/APPEAL OF TENTATIVE PARCEL MAP 2ll59/VARIANCE 92-013/3222-3232 23RD STREET: The statement of Official Action which contains findings for the denial of Tentative Parcel Map No. 21159 and Variance No. 92-013 at 3222-3232 23rd Street was approved. 6-F: TRANSPORTATION MANAGEMENT PLAN ORDINANCE: The Acting city Attorney was directed to prepare an ordinance amending the city1s I Transportation Management Plan Ordinance to: 1) add language adopted by SCAQMD to Regulation XV concerning employee involvement and notification of trip reduction plan preparation to maintain the Transportation Management Planrs status as more stringent than Regulation XV; 2) amend the dates when the City will begin notifying employers of their need to comply with the Transportation Management Plan provisions and, accordingly, amend the dates when employers must comply with the Transportation Management Plan, whether or not they have been notified by the city to do so; and 3) incorporate additional requirements for new non-residential development to fu1fi11 certain requirements of the city's Congestion Management PIan (CMP) Transportation Demand Management (TDM) ordinance, mandated by the state. 6-G: CANCELLATION OF CITY COUNCIL MEETING OF DECEMBER 22, 1992: The City council Meeting of December 22, 1992, was cancelled due to the holidays. END OF CONSENT CALENDAR Councilmember Rosenstein moved to combine Item No. 7-A and Item No.8-A. Second by Councilmember Holbrook. The motion was unanimously approved. 7-A: APPEAL/ZONING ORDINANCE INTERPRETATION/SECTION I 9044.3 (e)/PARKING REQUIREMENTS FOR CHANGES OF USE: 2 December 15, 1992 I I I 432 Presented was the appeal of zoning Ordinance interpretation of Section 9044.3(e) regarding parking requirements for changes of use. Appellant: Councilmember Ken Genser. 8-A: PARKING REQUIREMENTS FOR CHANGES OF USE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL ON AN INTERIM BASIS: Presented was an emergency adoption establ iShing parking from residential to commercial basis. ordinance for introduction and requirements for changes of use or industrial uses on an interim council asked questions of staff. Discussion was held. Member of the public Chris Harding addressed Council with the reasons why he believes that he is the appellee in this case. Councilmember Genser moved to continue the appeal in the matter of the ordinance this evening and have the issue of the interpretation and the appeal filed on behalf of Mr. Harding's client's project be heard at the same time at a later date. Second by Councilmember Rosenstein. Discussion was held. Council asked questions of Mr. Harding. Discussion was held. Councilmember Greenberg moved a substitute motion to continue the ordinance and hear the appeal. Second by Councilmember Holbrook. Discussion was held. The motion was withdrawn by the maker and the second. Councilmember Genser moved a substitute motion to withdraw all three items. The substitute motion died due to lack of a second. Mayor Abdo moved a substitute motion to continue the appeal and the ordinance until later in the meeting, complete the other items, check on the time and if there is time take a break during which Council can review the new ordinance and attempt to take the two items together after the break. Second by Councilmember Greenberg. The substitute motion was approved, Councilmember Genser opposed. 8-B: INCLUSIONARY HOUSING: Presented was an ordinance for introduction and first reading amending Santa Monica Municipal Code section 9.28.030 concerning inclusionary housing. At 8:20 P.M., Mayor Abdo declared the public hearing open. Members of the public Joy Fullmer, Beloved Quail, and Mrs. Han expressed their concerns. Member of the public Eileen Hecht spoke in support of the revision to the ordinance. Mayor Abdo closed the pUblic hearing at 8: 30 P.M. Councilmember Holbrook moved to introduce for first reading an ordinance entitled: If AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.28.030 REGARDING INCLUSIONARY HOUSING," reading by title only and waiving further reading thereof. second by Mayor Abdo. Discussion was held. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 9-A: INSTITUTE OF TRANSPORTATION ENGINEERS' MANUAL/TRIP GENERATION RATES/UPDATE TO MASTER ENVIRONMENTAL ASSESSMENT: Presented was the staff report recommending utilization of the Institute of Transportation Engineers' (ITE) Manual as a source for trip generation rates and authorization for the City Manager 3 December 15, 1992 433 to negotiate and execute a contract with Michael Brandman Associates to prepare the 1993-94 update to the Master Environmental Assessment. Member of the public Ken Kutcher I discussed the comparison of the ITE rates with the SANDAG rates and urged a return to the ITE methodology standards for intersection capacity. Member of the public Russ Shaver spoke in opposition to changing the trip generation rates from the MEA to the ITE manual. Member of the pUblic Merritt Coleman spoke in opposition to the reversal of the decision to use the SANDAG model. Member of the public Laurel Roennau discussed her concerns with the study and stressed the importance of utilizing an accurate model. Member of the public Jennifer Polhemus urged Council to retain the current methodology. Council asked questions of staff. Councilmember Olsen moved to hear a late speaker. Second by Councilmember Genser. The motion failed, Councilmembers Greenberg and Rosenstein and Mayor Abdo opposed. Councilmember Genser moved to reopen the public hearing. second by councilmember Olsen. The motion failed, councilmembers Greenberg, Holbrook, Rosenstein, and Vazquez, and Mayor Abdo opposed. Discussion was held. Councilmember Genser moved to request staff to perform additional research, interviews, or additional samplings to verify the conclusion of the Barton Aschman Associates report and if this proves val id that the option to use ITE numbers for off ice development be held open and also look to refine the number for reduction for drive-by traffic in retail uses as part of the research on projecting the appropriate factor for background I growth. Second by Councilmember Olsen. Discussion was held. councilmember Rosenstein moved a substitute motion to adopt the staff recommendation. Second by Councilmember Greenberg. Discussion was held. The main motion was withdrawn by the maker and the second. Councilmember Genser moved a substitute motion to use the ITE methodology for office development only. Second by Councilmetnber Olsen. Council asked questions of staff. The substitute motion failed by the following vote: Council vote: Affirmative: councilmembers Genser, Olsen, Vazquez Negative: Councilmembers Greenberg, Holbrook, Rosenstein, Mayor Abdo The main motion was approved by the following vote: Council vote: Affirmative: Councilmembers Greenberg, Holbrook, Rosenstein, Mayor Abdo Negative: Councilmembers Genser, Olsen, Vazquez Mayor Pro Tempore Vazquez requested that the record reflect that he voted "non on this motion because he feels that it is an I inappropriate gesture to quickly accommodate the will of consul tants and he did not feel comfortable making the recommended move at this point. 4 December 15, 1992 I I I 434 councilmember Genser requested that the record reflect that he voted "no" on this motion because he believes that there is no information before the Council, other than a study which is incomplete, to justify using ITE numbers and that study, if it were complete, only speaks to office uses and not other uses. By virtue of the above action, staff was directed to use the ITE trip generation rates in the traffic analysis and contract No. 5910(CCS) in the amount of $77,933, with Michael Brandman Associates to prepare the MEA update, was approved. Councilmember Holbrook moved to hear the remainder of the agenda this evening and continue the meeting to December 16, 1992, at 7:30 P.M., in order to hear Item Nos. 7-A and 8-A. The motion died due to lack of a second. At 10: 10 P.M., Council adjourned for a short recess. reconvened at 10:25 P.M., with all members present. Council 9-B: RECONSIDERATION/TENTATIVE PARCEL MAP 2ll59/VARIANCE 92- 013/3222-3232 23RD STREET: The reconsideration of City Council denial of Tentative Parcel Map 21159 and Variance 92-013 at 3222- 3232 23rd street was continued to the meeting of January 12, 1992. 9-C: CLOSED SESSION: Held at end of meeting. 7-A: RESUMED APPEAL/ZONING ORDINANCE INTERPRETATION/SECTION 9044.3(e)/PARKING REQUIREMENTS FOR CHANGES OF USE: 8-A: RESUMED - PARKING REQUIREMENTS FOR CHANGES OF USE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL ON AN INTERIM BASIS: Council asked questions of staff. Mayor Pro Tempore Vazquez moved to extend the meeting to 12:00 Midnight. Second by Councilmember Olsen. The motion was approved, councilmembers Holbrook and Rosenstein opposed. Questions of staff continued. Councilmember Genser presented the appeal. At 11:30 P.M., Mayor Abdo declared the public hearing open. Member of the public Chris Harding spoke in opposition to the appeal. Member of the public Ken Kutcher spoke in opposition to this item being heard as an emergency and in opposition to the ordinance. Members of the pUblic Joy Fullmer and Beloved Quail expressed their concerns. Member of the public Pam O'Connor spoke of the importance of older buildings and in opposition to the ordinance as presented. Mayor Abdo closed the public hearing at ll:45 P. M. Council asked questions of staff. Councilmember Genser moved to uphold the appeal and simultaneously adopt version C of the proposed ordinance. Second by Councilmember Olsen. Discussion was held. Councilmember Rosenstein moved a substitute motion to deny the appeal and to approve staff recommendation to take no action on the ordinances and request that the Planning Commission, should they forward an ordinance to the city Council, include a provision that the ordinance be retroactive to December 15, 1992, for applications which are deemed incomplete as of that 5 December 15, 1992 435 date and that planning staff so advise any member of the public who is engaged in such a conversion that they may be affected by a retroactive ordinance. Discussion was held. Mayor Abdo moved I to amend the motion to adopt version B of the ordinance. Second by Councilmember Greenberg. Discussion was held. The amendment was accepted as friendly. The substitute motion was approved by the following vote: council vote: Affirmative: Councilmembers Vazquez, Rosenstein, Holbrook, Greenberg, Mayor Abdo Negative: councilmembers Olsen, Genser Councilmember Genser requested that the record reflect that he voted "no" on this motion because he feels that it is inappropriate to overrule the opinion of the City Attorney in interpreting the law thereby allowing one particular project to be converted from residential to office use. By virtue of the above action, the appeal was denied and the Planning commission's interpretation that Section 9044.3(e) applies when the change of use involves a new use with a higher parking requirement than the former use was adopted, and Ordinance No. 1660 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARKING REQUIREMENTS FOR CHANGES OF USE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY," was adopted. I councilmember Holbrook moved to extend the meeting to 12:15 A.M. Second by Mayor Abdo. Discussion was held. Councilmember Genser moved a substitute motion to extend the meeting to 12:30 A.M. to hear from members of the public on "1511 items, conduct the Closed session, and hear Item Nos. 14-B, 14-C and 14-0. The motion was approved, Mayor Pro Tempore Vazquez opposed. l4-A: APPOINTMENT OF MEMBER/AIRPORT COMMISSION: The appointment of a member to the Airport Commission was continued to the meeting of January 12, 1992. 14-B: MAYORAL APPOINTMENTS/COUNCIL DELEGATES AND ALTERNATES/PUBLIC AGENCIES/LIAISONS/BOARDS AND COMMISSIONS: Mayor Abdo presented her appointments of Council delegates and alternates to public agencies and Council liaisons to Santa Monica Boards and Commissions. Councilmembers Genser and Olsen declined their appointments. Discussion was held. The following appointments were made: Airport Commission: Mayor Abdo/Councilmember Vazquez Architectural Review Board: councilmember Greenberg Building and Safety commission: Mayor Abdo commission on Older Americans: Mayor Abdo I 6 December 15, 1992 I I I 436 commission on the status of Women: Councilmember Greenberg Housing Commission: Councilmember Rosenstein Landmarks Commission: Councilmember Holbrook Personnel Board: Councilmember Holbrook Recreation and Parks commission: Greenberg Councilmembers Vazquez/ Bayside District Holbrook Rosenstein/ Corporation: councilmembers pier Restoration Corporation: Councilmembers Vazquez/Rosenstein Environmental Task Force: Mayor Abdo/Councilmember Rosenstein Santa Monica/Malibu Unified School District: Vazquez Councilmember Santa Monica College: Councilmember Rosenstein Regional Delegates: Bay Restoration Project: Mayor Abdo / Alternate - Christine Reed Business/Government Council on Homelessness: Mayor Abdo Independent Cities of Los Angeles County: Councilmember Holbrook League of cities Los Angeles: Delegate - Councilmember Holbrook/ Alternate - Councilmember Vazquez League of Cities California: Delegate - Councilmember Vazquez/ Alternate - Councilmember Greenberg League of cities National: Delegate - Mayor Abdo/ Alternate - Councilmember Vazquez Metropolitan Water District: Christine Reed Southern california Association of Governments (SCAG): Delegate - Councilmember Vazquez City Selection Committee: Councilmember Holbrook Delegate - Mayor Abdo/ Alternate - Westside Summit: Delegate - Mayor Abdo l4-C: LETTER OF RESIGNATION/ELLEN GOLDIN/BAYSIDE DISTRICT CORPORATION: Councilmember Holbrook moved to accept with regrets the letter of resignation of Ellen Goldin from the Bayside District Corporation Board of Directors, thank her for her services, and authorize the City Clerk to publish a Notice of 7 December 15, 1992 437 Vacancy. Second by Mayor Abdo. approved. The motion was unanimously 14-D: POLICE CHIEF AND CITY ATTORNEY/CONFLICT OF I INTEREST/INVESTIGATING AND PROSECUTING A MEMBER OF THE CITY COUNCIL: Councilmember Greenberg presented her request to discuss whether the Police Chief and City Attorney have a conflict of interest investigating and prosecuting a member of the City Council. Council asked questions of staff. Discussion was held. councilmember Greenberg moved to direct the city Manager and City Attorney to develop a process for channelling complaints by City employees with regard to directions being received directly from councilmembers and ensure that councilmembers are kept apprised and also that the City Attorney clarify the meaning of Section 610 of the City Charter. Second by Councilmember Holbrook. The motion was unanimously approved. 15: PUBLIC INPUT: Member of the public Rita Bass addressed Council regarding the need for affordable housing. Member of the public Laurence Greenblatt addressed Council regarding free speech. Member of the pUblic Beloved Quail addressed Council regarding the problems of homelessness. Member of the public Jim Foural t addressed Council regarding his disappointment of the discussion of Item No. 14-D, above. 9-C: CLOSED SESSION: At 12:20 A.M., Council adjourned to Closed Session for the purpose of discussing the cases of Albert Waltzer v. City of Santa Monica, Los Angeles superior Court Case No. WEe I 137 258: Glitman & Alkalaj v. city of Santa Monica, Los Angeles Superior Court Case No. WEC 118 577; United states, et ale V. Montrose, et al., United States District Court Case No. CV 90-3122-AAH (JRX). At 1:00 A.M., Council reconvened with all members present except Councilmember Rosenstein. Councilmember Holbrook moved to approve settlement in the case of Waltzer v. City of Santa Monica in the amount of $50,000. Second by Mayor Abdo. The motion was approved by the following vote: Council vote: Affirmative: counci1members Genser, Greenberg, Holbrook, Olsen, Vazquez, Mayor Abdo Absent: councilmember Rosenstein Mayor Abdo moved to approve settlement in the case of Glitman et al. V. City of Santa Monica in the amount of $120,409. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Genser, Greenberg, Holbrook, Olsen, Vazquez, Mayor Abdo Absent: councilmember Rosenstein I 8 December 15, 1992 I I I 438 Mayor Abdo moved to approve settlement in the case of United states, et al. v. Montrose et ale in the amount of $45,640. Second by Councilmember Holbrook. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Greenberg, Holbrook, Olsen, vazquez, Mayor Abdo Absent: Councilmember Rosenstein ADJOURNMENT: At I:05 A.M., the meeting was adjourned. ATTEST: ~~tUL?4'7!~ Clarice E. Dykhouse City Clerk APPROVED: 9kL;//~ Judy Abdo Mayor 9 December IS, 1992 439 I Pursuant to C~ty Council act~on of December lS, 1992, the Santa Mon~ca C~ty Counc~l meet~ng scheduled for 7:30 P.M. of December 22, 1992, was cancelled. c:k(~ Deputy C~ty Clerk I I